SPECIAL ISSUE 1249

Kenya Gazette Supplement No. 84 28th June, 2018

(Legislative Supplement No. 38)

LEGAL NOTICE NO. 131

THE CIVIL AVIATION ACT
(No. 21 of 2013)
THE CIVIL AVIATION (INSTRUMENTS AND EQUIPMENT)
REGULATIONS, 2018
PART I—PRELIMINARY PROVISIONS
1. Citation.
2. Interpretation.
PART II — GENERAL REQUIREMENTS FOR AEROPLANE
EQUIPMENT AND INSTRUMENTS
3. General instrument and equipment requirements.
PART III—FLIGHT AND NAVIGATIONAL INSTRUMENTS
4. General requirements.
5. Navigation equipment.
6. Minimum flight and navigational instruments: VFR operations.
7. Navigation Equipment Helicopter.
8. Instruments for operations requiring two pilots: VFR operations.
9. Minimum flight and navigation instruments: IFR operations.
10. Additional systems and equipment for single engine turbine
powered Aeroplanes: night and IMC operations.
11. Instruments for operations requiring two pilots: IFR operations.
12. Standby altitude indicator.
13. Instrument and equipment required for Category II operations.
14. Approval and maintenance of instruments and equipment
required for Category II operations.
15. Maintenance programme for instruments and equipment
required for Category II operations.
16. Navigation equipment for operations in minimal navigation
performance specification airspace (MNPS).
17. Equipment for operations in reduced vertical separation
minimum airspace (RVSM).
PART IV — COMMUNICATION EQUIPMENT
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18. Radio communication equipment.

19. Airborne collision avoidance system.
20. Forward-looking wind shear warning system-turbojet
Aeroplanes.
21. Altitude reporting transponder.
22. Crewmember interphone system: Aeroplane.
23. Crewmember interphone system: Helicopter.
PART V — INSTRUMENTS AND EQUIPMENT
24. Aeroplane lights and instrument illumination.
25. Mach meter and speed warning devices.
26. Loss of pressurisation device.
27. Altitude alerting system.
28. Ground proximity warning system.
29. Weather radar.
PART VI — FLIGHT DATA RECORDER AND CVR
30. CVRs and cockpit audio recording systems.
31. Head-up displays (HUD) or enhanced vision systems (EVS).
32. CVRs: duration - Aeroplane.
33. CVRs: general requirements - Aeroplane.
34. CVRs: Helicopters.
35. CVRs: duration - Helicopters.
36. CVRs: performance requirements.
37. CVRs: Inspections.
38. Flight data recorders.
39. Flight data recorders: Aeroplanes.
40. Flight data recorders: Helicopters.
41. Flight data recorder duration.
42. Flight data recorder: information recorded.
43. Recording of data link communication.
44. Flight recorders electronic documentation.
PART VII — EMERGENCY, RESCUE AND SURVIVAL
EQUIPMENT
45. Emergency equipment: all Aeroplanes.
46. Emergency lighting.
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47. Exits.
48. Flights over designated land areas: all Aeroplane.
49. Emergency locator transmitter: Aeroplanes.
50. Emergency locator transmitter: Helicopters.
51. Portable fire extinguishers.
52. Lavatory fire extinguisher.
53. Lavatory smoke detector.
54. Crash axe.
55. Marking of break-in points.
56. Medical Supplies (Aerplanes).
57. Medical Supplies (Helicopter).
58. Oxygen Supply-Aeroplane.
59. Oxygen Supply-Helicopter.
60. Crew members use of Oxygen.
61. Protective breathing equipment.
62. Megaphones: Aeroplane.
63. Megaphones: Helicopters.
64. Individual flotation devices.
65. Life rafts : Aeroplanes.
66. Life rafts: Helicopters.
67. Life jackets: Helicopters
68. Flotation devices for Helicopters ditching.
PART VIII—MISCELLANEOUS SYSTEMS AND EQUIPMENT
69. Seats, safety belts and shoulder harnesses.
70. Passenger and pilot compartment doors.
71. Passenger information signs.
72. Public address system.
73. Materials for cabin interiors.
74. Materials for cargo and baggage compartments.
75. Power supply, distribution and indication system.
76. Protective circuit fuses.
77. Emergency power supply.
78. Operation of Aeroplanes or Helicopters in icing conditions.
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79. Icing detection.

80. Pilot indication systems.
81. Static pressure system.
82. Windshield wipers.
83. Chart holder.
84. Cosmic radiation detection equipment.
85. Seaplanes and amphibians – miscellaneous equipment.
86. Least Risk Bomb Location.
87. Marking and Placards.
88. Electronic Flight Bags.
89. Surveillance Equipment.
90. Installation.
91. Location of an Aeroplane in Distress.
PART IX—EXEMPTIONS
92. Requirements for Application.
93. Substance of the request for exemption.
94. Initial review by the Authority.
95. Evaluation of the request.
PART X —GENERAL PROVISIONS
96. Suspension, revocation of approval.
97. Use and retention of records.
98. Reports of violation.
99. Enforcement of directions.
100. Aeronautical user fees.
101. Application of regulations to Government and visiting forces,
etc.
102. Extra-territorial application of Regulations.
103. Contravention of Regulations.
104. Penalties.
105. Transition provisions.
106. Revocation of L.N 75/ 2013.
SCHEDULES
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THE CIVIL AVIATION ACT

(No. 21 of 2013)
IN EXERCISE of powers conferred by section 82 of the Civil
Aviation Act, 2013 the Cabinet Secretary for Transport, Infrastructure,
Housing and Urban Development makes the following Regulations—
THE CIVIL AVIATION (INSTRUMENTS AND EQUIPMENT)
REGULATIONS, 2018
PART I—PRELIMINARY PROVISIONS
1. These Regulations may be cited as the Civil Aviation Citation.
(Instruments and Equipment) Regulations, 2018.
2. In these Regulations unless the context otherwise requires— Interpretation.

“aerodrome” means a defined area on land or water, including

any buildings, installations and equipment used or intended to be used
either wholly or in part for the arrival, departure and surface movement
of Aeroplane;
“aeroplane ” means a power-driven heavier-than-air aeroplane,
deriving its lift in flight chiefly from aerodynamic reactions on surfaces
which remain fixed under given conditions of flight;
“aircraft” means any machine that can derive support in the
atmosphere from the reactions of the air, other than the reactions of the
air against the earth’s surface;
“Air Operator Certificate” means a certificate authorising an
operator to carry out specified commercial air transport operations;
“Air Operator Certificate holder” means an Aeroplane operator
holding an Operator Certificate;
“appropriate Authority” means—
(a) in relation to an aeroplane, the authority which is
responsible for approval of design and issuance of a type
certificate;
(b) in relation to the content of a medical kit, the state of
registry;
(c) in relation to Kenya, the Director General of the Authority;
“Approved Standard” means a manufacturing, design,
maintenance, or quality standard approved by the Authority;
“Authority” means the Kenya Civil Aviation Authority;
“cabin crew member” means a crew member who perfoms, in the
interest of safety of passengers, duties assigned by theoperator or the
pilot in command of the aircraft, but who shall not act as a flight crew
member;
“Calibration” means a set of operations, performed in accordance
with a definite documented procedure, that compares the measurement
performed by a measurement device or working standard for the
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purpose of detecting and reporting or eliminating by adjustment errors

in the measurement device, working standard, or Aeroplane component
tested;
“Cargo Compartment Classifications” means—
(a) class A, one in which a presence of a fire would be easily
discovered by a crewmember while at station and to which
each part of the compartment is easily accessible in flight;
(b) class B, one in which—
(i) there is sufficient access in flight to enable a
crewmember to effectively reach any part of the
compartment with the contents of a hand fire
extinguisher;
(ii) when the access provisions are being used, no
hazardous quantity of smoke, flames, or
extinguishing agent, will enter any compartment
occupied by the crew or passengers; and
(iii) there is a separate approved smoke detector or fire
detector system to give warning at the pilot or flight
engineer station.
(c) class C, one in which—
(i) there is a separate approved smoke detector or fire
detector system to give warning at the pilot or flight
engineer station;
(ii) there is an approved built-in fire extinguishing or
suppression system controllable from the cockpit;
(iii) there is means to exclude hazardous quantities of
smoke, flames, or extinguishing agent, from any
compartment occupied by the crew or passengers;
and
(iv) there are means to control ventilation and drafts
within the compartment so that the extinguishing
agent used can control any fire that may start within
the compartment.
(d) class D, one on airplanes used only for the carriage of
cargo and in which—
(i) there is a separate approved smoke or fire detector
system to give warning at the pilot or flight engineer
station;
(ii) there are means to shut off the ventilating airflow to,
or within, the compartment, and the controls for these
means are accessible to the flight crew in the crew
compartment;
(iii) there are means to exclude hazardous quantities of
smoke, flames, or noxious gases, from the flight crew
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compartment; and
(iv) the required crew emergency exits are accessible
under any cargo loading condition. “Category II
(CAT II) operations” means, a precision instrument
approach and landing with a decision height lower
than 60m (200) Ft), but not lower than 30m (10 Ft),
and a runway visual range not less than 350m;
“Category IIIA (CAT IIIA) operations” means, a precision
instrument approach and landing with—
(a) a decision height lower than 30m (100Ft) or no decision;
and
(b) a runway visual range not less than 200m .
“Category IIIB (CAT IIIB) operations” means, a precision
instrument approach and landing with—
(a) a decision height lower than 15m (50Ft) or no decision
height ; and
(b) a runway visual range less than 200m but not less than
50m.
“Category IIIC (CAT IIIC) operations” means a precision
instrument approach and landing with no decision height and no
runway visual range limitations.
“Class 1 Helicopter” means a Helicopter with performance such
that, in case of critical engine failure, it is able to land on the rejected
take-off area or safely continue the flight to an appropriate landing
area, depending on when the failure occurs;
“Class 2 Helicopter” means a Helicopter with performance such
that, in case of critical engine failure, it is able to safely continue the
flight, except when the failure occurs prior to a defined point after take-
off or after a defined point before landing, in which case a forced
landing may be required;
“Class 3 Helicopter” means a Helicopter with performance such
that, in case of engine failure at any point in the flight profile, a forced
landing shall be performed.
“Commercial Air Transport” means an aeroplane operation
involving the transport of passengers, cargo, or mail for remuneration
or hire;
“Contracting States” means all States that are signatories to the
Convention on International Civil Aviation (Chicago Convention);
“Controlled Flight” means any flight which is subject to an air
traffic control clearance;
“crew member” means a person assigned by an operator to duty
on an aircraft during a flight duty period;
“critical engine” means the engine whose failure would most
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adversely affect the performance or handling qualities of an aeroplane;

“CVR” means an abbreviation for Cockpit Voice Recorder;
“Emergency Locator Transmitter” means equipment which
broadcast distinctive signals on designated frequencies and depending
on application, may be automatically activated by impact or be
manually activated which may be any of the following—
(a) “automatic fixed Emergency Locator Transmitter” which
means an automatically activated Emergency Locator
Transmitter which is permanently attached to an aeroplane;
(b) “automatic portable Emergency Locator Transmitter” means
an automatically activated Emergency Locator Transmitter
which is rigidly attached to an aeroplane but readily
removable from the Aeroplane;
(c) “automatic deployable Emergency Locator
Transmitter(ELT(AD))” which means an ELT which is
rigidly attached to an Aeroplane and which is automatically
deployed and activated by impact, and in some cases, also be
hydrostatic sensors. Manual deployment is also provided;
(d) “survival Emergency Locator Transmitter” which means an
Emergency Locator Transmitter which is removable from an
Aeroplane, stowed so as to facilitate its ready use in an
emergency, and manually activated by survivors;
(e) “Emergency Locator Transmitter battery useful life” which
means the length of time after its date of manufacture or
recharge that the battery or battery pack may be stored under
normal environmental conditions without losing its ability to
allow the Emergency Locator Transmitter to meet the
applicable performance standards; and
(f) “Emergency Locator Transmitter battery expiration date”
which means the date of battery manufacture or recharge
plus one half of its useful life.
“EVS” means an abbreviation for Enhanced Vision Systems;
“FDR” means an abbreviation for Flight Data Recorder;
“Flight Crew Member” means a licensed crew member charged
with duties essential to the operation of an Aeroplane during a flight
duty period;
“Flight Data Analysis” means a process of analysing recorded
flight data in order to improve the safety of flight operations;
“Flight Manual” means a manual, associated with the certificate
of airworthiness, containing limitations within which the Aeroplane is
to be considered air worthy, and instructions informationnecessary to
the Flight Crew Members for the safe operation of the Aeroplane;
“Flight recorder” means any type of recorder installed in the
Aeroplane for the purpose of complementing accident/incident
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investigation. This could include the CVR (CVR) or flight data

recorder (FDR);
“flight time” means—
(a) for Aeroplanes and gliders, the total time from the moment
an Aeroplane or a glider moves for the purpose of taking
off until the moment it finally comes to rest at the end of
the flight and it is synonymous with the term “block to
block” or “chock to chock” time in general usage which is
measured from the time an Aeroplane first moves for the
purpose of taking off until it finally stops at the end of the
flight;
(b) for Helicopter, the total time from the moment a Helicopter
rotor blades start turning until the moment a Helicopter
comes to rest at the end of the flight and the rotor blades
are stopped;
(c) for airships or free balloon, the total time from the moment
an airship or free balloon first becomes detached from the
surface until the moment when it next becomes attached
thereto or comes to rest thereon;
“Flight Time Aeroplanes” means the total time from the moment
an Aeroplane first moves for the purpose of taking off until the moment
it comes to rest at the end of the flight.
“Flight Time Helicopters” means the total time from the moment
the Helicopter blades start turning until the moment the Helicopter
finally comes to rest at the end of the flight and the rotor blades are
stopped;
“Helicopter” means a heavier-than-air Aeroplane supported in
flight chiefly by the reactions of the air on one or more power-driven
rotors on substantially vertical axis;
“HUD” means an abbreviation for Head Up Displays;
“Inspection” means the examination of an Aeroplane or
Aeroplane component to establish conformity with a standard approved
by the Authority;
“instrument approach” means an approach procedure prescribed
by the Authority having jurisdiction over the Aerodrome;
“Instrument Meteorological Conditions” means meteorological
conditions expressed in terms of visibility, distance from cloud, and
ceiling, less than the minima specified for visual meteorological
conditions in the Civil Aviation (Rules of the Air) Regulations;
“(IFR)” means the Instrument flight rules;
“IFR Flight” means a flight conduted in accordance with the
Instrument Flight rules;
“large aeroplane” means an Aeroplane having a maximum
certificated take-off mass of over 5,700 kg. (12,500 lbs.);
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“maintenance” means tasks required to ensure the continued

airworthiness of an Aeroplane or Aeroplane component including any
one or combination of Overhaul, repair, Inspection, replacement,
Modification, and defect rectification;
“Master Minimum Equipment List” means a list established for a
particular Aeroplane type by the organisation responsible for the type
design with the approval of the state of design containing items, one or
more of which is permitted to be unserviceable on the commencement
of a flight and the Master Minimum Equipment List may be
associated with special operating conditions, limitations or procedures,
and provides the basis for development, review, and approval by the
Authority of individual operator's Minimum Equipment List;
“Minimum Equipment List” means a list approved by the
Authority which provides for the operation of an Aeroplane, subject to
specified conditions, with particular equipment inoperative, prepared
by an Operator in conformity with, or more restrictive than, the master
Minimum Equipment List established for the Aeroplane type;
“modification” means a change to the type design of an
Aeroplane or aeronautical product which is not a repair;
“night” means the time between fifteen minutes after sunset and
fifteen minutes before sunrise, sunrise and sunset being determined at
surface level, and includes any time between sunset and sunrise when
an unlighted Aeroplane or other unlighted prominent object cannot
clearly be seen at a distance of 4,572 metres;
“Operator” means a person, organisation or enterprise engaged in
or offering to engage in an Aeroplane operation;
“Operational Flight Plan” means the operator's plan for the safe
conduct of the flight based on considerations of Aeroplane
performance, other operating limitations, and relevant expected
conditions on the route to be followed and at the Aerodromes or
heliports concerned;
“overhaul” means the restoration of an Aeroplane or Aeroplane
component using methods, techniques, and practices acceptable to the
Authority, including disassembly, cleaning, and Inspection as
permitted, repair as necessary, and reassembly; and testing in
accordance with Approved Standards and technical data, or in
accordance with current standards and technical data acceptable to the
Authority, which have been developed and documented by the State of
Design, holder of the type certificate, supplemental type certificate, or a
material, part, process, or appliance approval under Parts
Manufacturing Approval (PMA) or Technical Standard Order (TSO);
“Pressurised Aeroplane” means an Aeroplane fitted with means
of controlling out flow of cabin air in order to maintain maximum cabin
altitude of not more than 10,000 ft so as to enhance breathing and
comfort of passengers and crew;
“propeller” means a device for propelling an Aeroplane that has
blades on a power plant driven shaft and that, when rotated, produces
 Kenya Subsidiary Legislation, 2018 1259

by its action on the air, a thrust approximately perpendicular to its plane

of rotation including control components normally supplied by its
manufacturer, but does not include main and auxiliary rotors or rotating
air foils of power plants;
“prototype” means an Aeroplane in respect of which an
application has been made for a certificate of airworthiness and the
design of which has previously been investigated in connection with
any such application;
“rating” means an authorisation entered on or associated with a
licence or certificate and forming part thereof, stating special
conditions, privileges or limitations pertaining to such licence or
certificate;
“Required Communication Perfomance” means a set of
requirements for air traffic service provision and associated ground
equipment, aircraft capabilty and operations needed to support
performance based communication;
“small Aeroplane” means an Aeroplane of a maximum
certificated take-off mass of 5,700kg or less; and
“VHF” means an abbreviation for Very High Frequency;
“VFR” means the abbreviation used to designate the Visual
Flight Rules;
“Visual Meteorological Conditions” means meteorological
conditions expressed in terms of visibility distance from cloud, and
ceiling, equal to or better than specified in the Civil Aviation Rules of
the Air Regulations.
PART II—GENERAL REQUIREMENTS FOR AEROPLANE
EQUIPMENT AND INSTRUMENTS
3. (1) An operator shall not fly an Aircraft registered in the General instrument
and equipment
Kenya, unless the aircraft is equipped as specified under these requirements.
Regulations.
(2) An operator shall not fly an Aircraft registered in the Kenya
without such additional or special equipment as the Authority may
determine.
(3) An operator operating an Aircraft in the Kenya shall ensure
that all the required emergency equipment is installed on board the
aircraft, are clearly marked, and the aircraft is stowed or maintained so
as to not be the source of danger on the aircraft.
(4) In addition to the minimum equipment necessary for the
issuance of a certificate of airworthiness, the instruments, equipment
and flight documents prescribed in these Regulations shall be installed
or carried, as appropriate, in all Aircraft according to the Aircraft used
and to the circumstances under which the flight is to be conducted. The
prescribed instruments and equipment, including their installation, shall
be approved or accepted by the Authority.
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(5) An Aircraft shall be equipped with instruments which will

enable the flight crew to control the flight path of the aeroplane, carry
out any required procedural manoeuvres and observe the operating
limitations of the Aircraft in the expected operating conditions.
(6) Prior to operation in the Kenya of any foreign registered
Aircraft that uses an airworthiness Inspection program approved or
accepted by the State of Registry, the owner or operator shall ensure
that instruments and equipment required by these Regulations but not
installed in the Aircraft are properly installed and inspected in
accordance with the requirements of the State of Registry.
(7) An operator shall ensure that a flight does not commence
unless the required equipment—
(a) meets the minimum performance standard and the
operational and airworthiness requirements;
(b) is installed such that the failure of any single unit required
for either communication or navigation purposes, or both,
shall not result in the inability to communicate or navigate
safely on the route being flown; and
(c) is in operable condition for the kind of operation being
conducted, except as provided in the minimum equipment
list.
(8) If equipment is to be used by one flight crewmember at his
station during flight, that equipment shall be installed so as to be
readily operable from his station.
(9) Where a single item of equipment is required to be operated
by more than one flight crewmember, the equipment shall be installed
so as to be readily operable from any station at which it is required to
be operated.
PART III— FLIGHT AND NAVIGATIONAL INSTRUMENTS
4. (1) An aircraft shall be equipped with instruments which will General
requirements.
enable the flight crew to—
(a) control the flight path of the aircraft;
(b) carry out any required procedural manoeuvres; and
(c) observe the operating limitations of the aircraft in the
expected operating conditions.
(2) Where a means is provided on any aircraft for transferring an
instrument from its primary operating system to an alternative system,
the means shall include a positive positioning control and shall be
marked to indicate clearly which system is being used.
(3) For all aircraft, the instruments that are used by any one flight
crewmember shall be so arranged as to permit the flight crewmember to
readily see the indications from station with the minimum practicable
deviation from the position and line of vision which the flight
crewmember normally assumes when looking forward along the flight
path.
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5. (1) An Operator shall not operate an Aircraft unless it is Navigation

equipment.
equipped with navigation equipment to enable it to proceed in
accordance with—
(a) the Operational Flight Plan;
(b) prescribed required navigational performance equipment
types; and
(c) the requirements of air traffic services.
(2) For operations where a navigation specification for
performance-based navigation has been prescribed, an aeroplane shall,
in addition to the requirements specified in (1)(a)—
(a) be provided with navigation equipment which will enable it
to operate in accordance with the prescribed navigation
specification(s); and
(b) be authorized by the State of Registry for such operations.
(3) The requirements of paragraph (1) of this regulation shall not
apply where navigation under visual flight rules is accomplished by
visual reference to landmarks, if not precluded by the Appropriate
Authority for the route and airspace.
(4) An operator shall not operate an Aircraft unless that
Aeroplane is equipped with sufficient navigation equipment to ensure
that, in the event of failure of one item of equipment at any stage of the
flight, the remaining equipment shall enable the Aeroplane to continue
navigating in accordance with the requirements.
(5) A radio navigation system fitted in an Aircraft shall have an
independent antenna installation, except that, where rigidly supported
non-wire antenna installations of equivalent reliability are used, only
one antenna is required.
(6) Where a navigation specification for performance-based
navigation has been prescribed, an Aircraft shall, in addition to the
requirements specified in this regulation—
(a) be provided with navigation equipment which will enable it
to operate in accordance with the prescribed navigation
specification(s); and
(b) be authorized by the State of Registry for such operations.
6. An Operator shall not operate an Aeroplane by day in Minimum flight and
navigational
accordance with Visual Flight Rules unless it is equipped with the instruments: Visual
following flight and navigational instruments and associated equipment Flight Rules
are applicable— operations.

(a) a magnetic compass;

(b) an accurate timepiece showing the time in hours, minutes,
and seconds;
(c) a sensitive pressure altimeter calibrated in feet with a sub-
scale setting, calibrated in hectopascals or millibars,
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adjustable for any barometric pressure likely to be set

during flight;
(d) an airspeed indicator calibrated in knots;
(e) a vertical speed indicator;
(f) a turn and slip indicator, or a turn coordinator incorporating
a slip indicator;
(g) an attitude indicator;
(h) a stabilized direction indicator;
(i) a means of indicating in flight crew compartment the
outside air temperature calibrated in degrees Celsius;
(j) for flights which do not exceed sixty minutes duration,
which take off and land at the same Aerodrome, and which
remain within fifty nautical miles of that Aerodrome:
provided that, the instruments prescribed in sub-paragraphs
(f), (g) and (h), and regulation 8 (1) (d), (e), and (f), may all
be replaced by either a turn and slip indicator, or a turn
coordinator incorporating a slip indicator, or both an
attitude indicator and a slip indicator;
(k) a secondary surveillance radar transponder with Mode C
for all Aeroplane except gliders, balloons, airships, kites
and Aeroplane whose original certification does not include
an engine powered electrical system and has not been
subsequently certified for installation of such a system; and
(l) such additional instruments or equipment as may be
prescribed by the Authority.
7. (1) All Helicopters when operating in accordance with Visual Navigation
Equipment
Flight Rules by day shall be equipped with— Helicopter.

(a) a magnetic compass;

(b) an accurate timepiece indicating the time in hours, minutes
and seconds;
(c) a sensitive pressure altimeter;
(d) an airspeed indicator; and
(e) such additional instruments or equipment as may be
prescribed by the Appropriate Authority.
(2) All Helicopters when operating in accordance with VFR at
night shall be equipped with—
(a) the equipment specified in sub-regulation 6(1);
(b) an attitude indicator (artificial horizon) for each required
pilot and one additional attitude indicator;
(c) a slip indicator;
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(d) a heading indicator (directional gyroscope);

(e) a rate of climb and descent indicator;
(f) such additional instruments or equipment as may be
specified by the appropriate Authority;
(g) the lights required for Helicopter in flight or operating on
the movement area of a heliport;
(h) two landing lights;
(i) illumination for all instruments and equipment that are
essential for the safe operation of the Helicopter that are
used by the flight crew;
(j) lights in all passenger compartments;
(k) a flashlight for each crew member station; and
(l) for flights operated under Visual Flight Rules and IFR -
by day and night.
8. (1)An operator shall not operate an aeroplane that requires two Instruments for
operations requiring
pilots to operate unless each pilot’s station is equipped with separate two pilots: Visual
instruments as follows— Flight Rules
operations.
(a) a sensitive pressure altimeter calibrated in feet with a sub-
scale setting calibrated in hectopascals or millibars,
adjustable for any barometric pressure likely to be set
during flight;
(b) an airspeed indicator calibrated in knots;
(c) a vertical speed indicator;
(d) a turn and slip indicator, or a turn co-ordinator
incorporating a slip indicator;
(e) an attitude indicator; and
(f) a stabilised direction indicator.
(2) Whenever two pilots are required to operate an aeroplane an
airspeed indicating system shall be equipped with a heated pilot tube or
equivalent means for preventing malfunction due to either condensation
or icing for—
(a) Aeroplanes with a maximum certificated take-off mass of
over 5,700 kg or having a maximum approved passenger
seating configuration of more than nine; or
(b) Helicopters with a maximum certificated take off mass over
3180 kg or having a maximum approved passenger seating
configuration of more than nine.
(3) Whenever duplicate instruments are required to operate an
Aeroplane, separate displays for each pilot and separate selectors or
other associated equipment where appropriate shall be provided.
(4) Where two pilots are required to operate an Aeroplane, the
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Aeroplane shall be equipped with—

(a) means for indicating when power is not adequately
supplied to the required flight instruments; and
(b) compressibility limitations not otherwise indicated by the
required airspeed indicators shall be equipped with a Mach
number indicator at each pilot’s station; and
(c) Aeroplanes with speed limitations expressed in terms of
Mach number shall be equipped with a means of displaying
Mach number.
(5) An Operator shall not conduct Visual Flight Rules
operations unless the Aeroplane is equipped with a headset with boom
microphone or equivalent for each flight crewmember on cockpit duty.
9. An Operator shall not fly an Aeroplane under IFR unless the Minimum flight and
navigational
Aeroplane is equipped with— instruments: IFR
operations.
(a) a magnetic compass;
(b) an accurate timepiece showing the time in hours, minutes,
and seconds;
(c) two sensitive pressure altimeter calibrated in feet with a
sub-scale setting, calibrated in hectopascals or millibars;
(d) adjustable for any barometric pressure likely to be set
during flight;
(e) an airspeed indicating system with a means of preventing
malfunctioning due to either condensation or icing;
(f) a turn and slip indicator;
(g) an attitude indicator (artificial horizon);
(h) a heading indicator (directional gyroscope);
(i) a means of indicating whether the supply of power to the
gyroscopic instruments is adequate;
(j) a means of indicating in the flight crew compartment the
outside air temperature;
(k) vertical speed indicator;
(l) two independent static pressure systems, except that for
Propeller driven Aeroplanes with maximum certificated
take off mass of 5,700 kg or less, one static pressure system
and one alternate source of static pressure is allowed; and
(m) a secondary surveillance radar transponder with mode C,
except gliders, airships, kites and Aeroplane whose original
certification does not include an engine powered electrical
system and has not been subsequently certified for
installation of such a system.
(2) An Operator shall not operate an Aeroplane under IFR unless
the Aeroplane is equipped with navigation equipment in accordance
 Kenya Subsidiary Legislation, 2018 1265

with the requirements of air traffic services in the areas of operation,

but not less than—
(a) one VHF Omni directional radio range receiving system,
automatic directional finder system, one distance
measuring equipment, one marker beacon receiving
system;
(b) one Instrument Landing Systemor Microwave Landing
System where Instrument Landing Systemor Microwave
Landing System is required for approach navigation
purposes;
(c) an area Navigation System when area navigation is
required for the route being flown;
(d) an additional VHF omni directional radio range receiving
system on any route, or part thereof, where navigation is
based only on VHF omni directional radio range signals;
and
(e) an additional ADF system on any route, or part thereof,
where navigation is based only on NDB signals.
(3) All Aeroplane intended to land in Instrument Meteorological
Conditions or at night shall be provided with radio navigation
equipment capable of receiving signals providing guidance to—
(a) a point from which a visual landing can be effected;
(b) each Aerodrome at which it is intended to land in
Instrument Meteorological Conditions ; and
(c) any designated alternate Aerodromes.
(4) An aeroplane operated by a single pilot under the IFR or at
night shall be equipped with—
(a) a serviceable autopilot that has at least altitude hold and
heading select modes;
(b) a headset with a boom microphone or equivalent; and
(c) means of displaying charts that enables them to be readable
in all ambient light conditions.
(5) An operator shall not conduct single pilot IFR operations
unless the Aeroplane is equipped with an autopilot with at least altitude
hold and heading mode.
(6) An aeroplane shall be sufficiently provided with navigation
equipment to ensure that, in the event of the failure of one item of
equipment at any stage of the flight, the remaining equipment will
enable the aeroplane to navigate in accordance with these Regulations.
(7) An Operator shall not conduct a single pilot under the IFR or
at night unless the aeroplane is be equipped with—
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1266 Kenya Subsidiary Legislation, 2018

(a) a serviceable autopilot that has at least altitude hold and

heading select modes;
(b) a headset with a boom microphone or equivalent; and
(c) means of displaying charts that enables them to be readable
in all ambient light conditions.
10. (1) Single-engine turbine-powered aeroplanes approved by Additional Systems
and equipment for
the Authority to operate at night or in Instrument Meteorological single- engine
Conditions shall be equipped with the following systems and turbine-powered
equipment intended to ensure continued safe flight and to assist in Aeroplanes: Night
and Instrument
achieving a safe forced landing after an engine failure, under all Meteorological
allowable operating conditions— Conditions
operations.
(a) two separate electrical generating systems, each one
capable of supplying all probable combinations of
continuous in-flight electrical loads for instruments,
equipment and systems required at night or in Instrument
Meteorological Conditions;
(b) a radio altimeter;
(c) an emergency electrical supply system of sufficient
capacity and endurance, following loss of all generated
power, to as a minimum—
(i) maintain the operation of all essential flight
instruments, communication and navigation systems
during a descent from the maximum certificated
altitude in a glide configuration to the completion of
a landing;
(ii) lower the flaps and landing gear, if applicable;
(iii) provide power to one pilot heater, which must serve
an air speed indicator clearly visible to the pilot;
(iv) provide for operation of the landing light specified in
(j);
(v) provide for one engine restart, if applicable; and
(vi) provide for the operation of the radio altimeter;
(d) two attitude indicators, powered from independent sources;
(e) a means to provide for at least one attempt at engine re-
start;
(f) airborne weather radar;
(g) a certified area navigation system capable of being
programmed with the positions of Aerodromes and safe
forced landing areas, and providing instantly available track
and distance information to those locations;
(h) for passenger operations, passenger seats and mounts which
meet dynamically-tested performance standards and which
are fitted with a shoulder harness or a safety belt with a
diagonal shoulder strap for each passenger seat;
 Kenya Subsidiary Legislation, 2018 1267

(i) in pressurized Aeroplanes, sufficient supplemental oxygen

for all occupants for descent following engine failure at the
maximum glide performance from the maximum
certificated altitude to an altitude at which supplemental
oxygen is no longer required;
(j) a landing light that is independent of the landing gear and is
capable of adequately illuminating the touchdown area in a
night forced landing; and
(k) an engine fire warning system.
11. (1) An Operator shall not operate an Aeroplane that requires Instruments for
operations
two pilots to operate unless the second pilot’s station has separate requiring two
instruments as follows— pilots: IFR
operations.
(a) a sensitive pressure altimeter calibrated in feet with a sub-
scale setting, calibrated in hectopascals or millibars,
adjustable for any barometric pressure likely to be set
during flight;
(b) an airspeed indicating system with a means of preventing
malfunctioning due to either condensation or icing;
(c) a vertical speed indicator;
(d) an attitude indicator;
(e) a stabilised direction indicator; and
(f) a turn and slip indicator or a turn coordinator incorporating
a slip indicator.
12. (1) An operator shall not operate an Aeroplane with a Standby altitude
indicator.
maximum certificated take-off mass of over 5,700 kg. or a Helicopter
of performance Class 1 and 2 operated under IFR unless it is equipped
with a single standby altitude indicator (artificial horizon) that—
(a) operates independently of any other altitude indicating
system;
(b) is powered continuously during normal operation;
(c) after a total failure of the normal electrical generating
system, is automatically powered for a minimum of thirty
minutes from a source independent of the normal electrical
generating system; and
(d) is appropriately illuminated during all phases of operation.
(2) Where the standby altitude indicator referred to in sub-
regulation (1) —
(a) is being operated by emergency power, it shall be clearly
evident to the flight crew; or
(b) has its own dedicated power supply, there shall be an
associated indication, either on the instrument or on the
instrument panel when this supply is in use.
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1268 Kenya Subsidiary Legislation, 2018

(3) Where the standby attitude instrument system is installed and

usable through flight altitudes of 360° of pitch and roll, the turn and
slip indicators may be replaced by slip indicators.
13. (1) An Operator shall not fly an Aeroplane in Category II Instruments and
equipment required
operation unless the Aeroplane is fitted with the following instruments for Category II
and equipment— operations.

(a) two localizer and glide slope receiving systems;

(b) a communications system that does not affect the operation
of at least one of the Instrument Landing System;
(c) a marker beacon receiver that provides distinctive aural and
visual indications of the outer and the middle markers;
(d) two gyroscopic pitch and bank indicating systems;
(e) two gyroscopic direction indicating systems;
(f) two airspeed indicators;
(g) two sensitive altimeters adjustable for barometric pressure,
having markings at twenty foot intervals and each having a
placard correction for altimeter scale error and for the
wheel height of the Aeroplane;
(h) two vertical speed indicators;
(i) the flight control guidance system may be operated from
one of the receiving systems required by paragraph (a) that
consists of either—
(i) flight director system capable of displaying computed
information as steering command in relation to an
Instrument Landing System localizer and, on the
same instrument, either computed information as
pitch command in relation to an Instrument Landing
System glide slope or basic Instrument Landing
System glide slope information; or
(ii) an automatic approach coupler capable of providing
at least automatic steering in relation to an Instrument
Landing System localiser;
(j) for Category II operations with decision heights below 150
feet either a marker beacon receiver providing aural and
visual indications of the inner marker or a radio altimeter;
(k) warning systems for immediate detection by the pilot of
system faults in items specified in paragraphs (a), (d), (e)
and (i) and, if installed for use in Category III operations,
the radio altimeter and auto throttle system;
(l) dual controls;
(m) an externally vented static pressure system with an alternate
static pressure source;
 Kenya Subsidiary Legislation, 2018 1269

(n) a windshield wiper or equivalent means of providing

adequate cockpit visibility for a safe visual transition by
either pilot to touchdown and rollout; and
(o) a heat source for each airspeed system pilot tube installed
or an equivalent means of preventing malfunctioning due to
icing of the pilot system.
(2) The instruments and equipment specified in this regulation
shall be approved in accordance with the provisions of the maintenance
programme referred under regulation 18 before being used in Category
II operations.
14. (1) An Operator shall not fly an Aeroplane unless the Approval and
maintenance of
instruments and equipment required by regulation 13 have been instruments and
approved as provided in this regulation for use in Category II equipment required
operations. for Category II
operations.
(2) Before presenting an Aeroplane for approval of the
instruments and equipment, it shall be shown that since the beginning
of the 12th calendar month of the date of submission—
(a) the instrument landing system localizer and glide slope
equipment were bench checked according to the
manufacturer's instructions and found to meet the standards
specified by the Authority;
(b) the altimeters and the static pressure systems were tested
and inspected and found to meet the requirements of the
manufacturers maintenance manual; and
(c) all other instruments and items of equipment specified in
this regulation that are listed in the proposed maintenance
program were bench checked and found to meet the
manufacturer’s maintenance manual.
(3) All components of the flight control guidance system shall be
approved as installed by the evaluation program specified in this
regulation if they have not been approved for Category III operations
under applicable type or supplemental type certification procedures.
(4) Any subsequent changes to make, model, or design of the
components shall be approved by the Authority and related systems or
devices, such as the auto throttle and computed missed approach
guidance system, shall be approved in the same manner if they are to be
used for Category II operations
(5) A radio altimeter shall meet the performance criteria of this
sub-regulation for original approval and for any subsequent
alteration—
(a) it shall display to the flight crew clearly and positively the
wheel height of the main landing gear above the terrain;
(b) it shall display wheel height above the terrain to an
accuracy of ± (plus or minus)5 feet or 5 percent, whichever
is greater, under the following conditions—
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1270 Kenya Subsidiary Legislation, 2018

(i) pitch angles of zero to ±5° (degree) about the mean

approach attitude;
(ii) roll angles of zero to 20° in either direction;
(iii) forward velocities from minimum approach speed up
to 200 knot; and
(iv) sink rates from zero to fifteen feet per second at
altitudes from one hundred to two hundred feet;
(c) over level ground, it shall track the actual altitude of the
Aeroplane without significant lag or oscillation;
(d) with the Aeroplane at an altitude of two hundred feet or
less, any abrupt change in terrain representing no more than
ten percent of the Aeroplane's altitude shall not cause the
altimeter to unlock, and indicator response to such changes
shall not exceed 0.1 seconds. If the system unlocks for
greater changes, it shall reacquire the signal in less than one
second;
(e) systems that contain a push to test feature shall test the
entire system with or without an antenna at a simulated
altitude of less than five hundred feet; and
(f) the system shall provide to the flight crew a positive failure
warning display any time there is a loss of power or an
absence of ground return signals within the designed range
of operating altitudes.
(6) All other instruments and items of equipment required by
regulation 12, shall be capable of performing as necessary for Category
II operations and shall be approved by the Authority after each
subsequent alteration to these instruments and items of equipment—
(a) approval by evaluation is requested as a part of the
application for approval of the Category II manual;
(b) unless otherwise authorised by the Authority, the
evaluation program for each Aeroplane requires the
following demonstrations—
(i) at least fifty instrument landing system approaches
shall be flown with at least five approaches on each
of three different instrument landing system facilities
and no more than one half of the total approaches on
any one instrument landing system facility;
(ii) all approaches shall be flown under simulated
instrument conditions to a one hundred foot decision
height and ninety percent of the total approaches
made shall be successful.
(7) A successful approach shall be one in which—
(a) at the one hundred foot decision height, the indicated
airspeed and heading are satisfactory for a normal flare and
 Kenya Subsidiary Legislation, 2018 1271

landing (speed shall be ±5 knots of programmed airspeed,

but shall not be less than computed threshold speed if auto
throttles are used);
(b) the Aeroplane at the one hundred foot decision height, is
positioned so that the cockpit is within, and tracking so as
to remain within, the lateral confines of the extended
runway;
(c) deviation from glide slope after leaving the outer marker
does not exceed fifty percent of full-scale deflection as
displayed on the Instrument Landing System indicator;
(d) no unusual roughness or excessive attitude changes occur
after leaving the middle marker; and
(e) in the case of an Aeroplane equipped with an approach
coupler, the Aeroplane is sufficiently in trim when the
approach coupler is disconnected at the decision height to
allow for the continuation of a normal approach and
landing.
(8) During the evaluation program the following information
shall be maintained by the applicant for the Aeroplane with respect to
each approach and made available to the Authority upon request—
(a) each deficiency in airborne instruments and equipment that
resented the initiation of an approach;
(b) the reasons for discontinuing an approach, including the
altitude above the runway at which it was discontinued;
(c) speed control at the one hundred foot decision height if
auto throttles are used;
(d) trim condition of the Aeroplane upon disconnecting the
auto coupler with respect to continuation to flare and
landing;
(e) position of the Aeroplane at the middle marker and at the
decision height indicated both on a diagram of the basic
instrument landing system display and a diagram of the
runway extended to the middle marker, with the estimated
touchdown point indicated on the runway diagram;
(f) compatibility of flight director with the auto coupler, if
applicable; and
(g) quality of overall system performance.
(9) A final evaluation of the flight control guidance system is
made upon successful completion of the demonstrations. If no
hazardous tendencies have been displayed or are otherwise known to
exist, the system is approved as installed.
(10) Any bench check required by this regulation or any other
regulation shall—
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1272 Kenya Subsidiary Legislation, 2018

(a) be performed by an approved maintenance organisation

holding one of the following Ratings as appropriate to the
equipment checked—
(i) an instrument Rating;
(ii) a radio Rating; or
(iii) computer Rating;
(b) consist of removal of an instrument or item of equipment
and performance of the following—
(i) a visual Inspection for cleanliness, impending failure,
and the need for lubrication, repair, or replacement of
parts;
(ii) correction of items found by that visual Inspection;
and
(iii) Calibration to at least the manufacturer's
specifications unless otherwise specified in the
approved Category II manual for the Aeroplane in
which the instrument or item of equipment is
installed.
15. (1) A maintenance program for Category II instruments and Maintenance
programme for
equipment shall contain the following— instruments and
equipment required
(a) a list of each instrument and item of equipment specified in for Category II
regulation 13 that is installed in the Aeroplane and operations.
approved for Category II operations, including the make
and model of the instruments and items specified in that
regulation;
(b) a schedule that provides for the performance of Inspections
within three months after the date of the previous
Inspection, conducted in the following manner—
(i) the Inspection shall be performed by a person
authorised by the Civil Aviation (Airworthiness)
Regulations, except that each alternate Inspection
may be replaced by a functional flight check; and
(ii) the functional flight check shall be performed by a
pilot holding a Category II operation pilot
authorisation for the type of Aeroplane being
checked;
(iii) a schedule that provides for the performance of bench
checks for each listed instrument and item of
equipment that is specified in Regulation 14within
twelve months after the date of the previous bench
check;
(iv) a schedule that provides for the performance of a test
and Inspection of each static pressure system within
twelve months after the date of the previous test and
Inspection;
 Kenya Subsidiary Legislation, 2018 1273

(v) the procedures for the performance of the periodic

Inspections and functional flight checks to determine
the ability of each listed instrument and item of
equipment specified in regulation13 to perform as
approved for Category II operations, including a
procedure for recording functional flight checks;
(vi) a procedure for assuring that the pilot is informed of
all defects in listed instruments and items of
equipment;
(vii) a procedure for assuring that the condition of each
listed instrument and item of equipment upon which
maintenance is performed is at least equal to its
Category II approval condition before it is returned to
service for Category II operations;
(viii) a procedure for an entry in the maintenance records
that shows the date, airport, and reasons for each
discontinued Category II operation because of a
malfunction of a listed instrument or item of
equipment; and
(ix) a bench check required by this Regulation shall
comply with the requirements specified in Regulation
18(10).
(2) After the completion of one maintenance cycle of twelve
months, a request to extend the period for checks, tests, and Inspections
may be approved if it is shown that the performance of particular
equipment justifies the requested extension.
16. (1) An Operator shall not operate an Aeroplane in minimal Navigation
equipment for
navigation performance specification airspace unless it is equipped operations in
with navigation equipment that— minimal navigation
performance
specification
airspace (MNPS).
(a) continuously provides indications to the flight crew of
adherence to or departure from track to the required degree
of accuracy at any point along that track; and
(b) has been authorised by the State of Registry for minimal
navigation performance specification operations concerned.
(2) All equipment referred to in sub-regulation (1) shall comply
with the minimal navigation performance specification prescribed by
the Authority.
(3) The navigation equipment required for air Operator
Certificate holder operations in minimal navigation performance
specification airspace shall be visible and usable by either pilot seated
at his duty station.
(4) For unrestricted operation in minimal navigation performance
specification airspace, an Aeroplane operated by an operator shall be
equipped with two independent long-range navigational systems.
 1274
1274 Kenya Subsidiary Legislation, 2018

(5) For operation in minimal navigation performance

specification airspace along notified special routes, an Aeroplane
operated by an operator shall be equipped with one long range
navigational systems, unless otherwise specified.

17. (1) An Operator shall not operate an Aeroplane in reduced Equipment for
operations in
vertical separation minimum airspace unless it is provided with reduced vertical
equipment which is capable of— separation minimum
airspace
(a) indicating to the flight crew the flight level being flown;

(b) automatically maintaining a selected flight level;

(c) providing an alert to the flight crew when a deviation

occurs from the selected flight level, with the threshold for
the alert not exceeding ± (plus or minus) 90m (300 ft); and

(d) automatically reporting pressure-altitude.

(2) The equipment referred to in sub-regulation (1) of this

regulation shall comply with minimum requirements prescribed by the
Authority.

PART IV— COMMUNICATION EQUIPMENT

18. (1)An Aeroplane shall be provided with radio communication Radio

Communication
equipment capable of— equipment.

(a) conducting two-way communication for Aerodrome flight

control purposes;

(b) receiving meteorological information at any time during

flight; and

(c) Conducting two-way communication at any time during

flight with at least one aeronautical station and with such
other aeronautical stations and on such frequencies as may
be prescribed by the Appropriate Authority.

(2) The radio communication equipment required in accordance

with regulation 18 shall provide for communications on the
aeronautical emergency frequency 121.5 MHz.

(3) For operations where communication equipment is required to

meet an Required Communication Performance specification for
performance-based communication, an Aeroplane shall, in addition to
the requirements specified in regulation 18—

(a) be provided with communication equipment which will

enable it to operate in accordance with the prescribed
Required Communication Performance specification(s);
 Kenya Subsidiary Legislation, 2018 1275

(b) have information relevant to the Aeroplane Required

Communication Performance specification capabilities
listed in the Flight Manual or other Aeroplane
documentation approved by the State of Design or State of
Registry; and

(c)have information relevant to the Aeroplane Required

Communication Performance specification capabilities included in the
Minimum Equipment List.

(4) The Authority shall, for operations where an Required

Communication Performance specification for performance based
communication has been prescribed, ensure that the operator has
established and documented—

(a) normal and abnormal procedures, including contingency

procedures;

(b) flight crew qualification and proficiency requirements, in

accordance with appropriate Required Communication
Performance specifications;

(c) a training programme for relevant personnel consistent with

the intended operations; and

(d) appropriate maintenance procedures to ensure continued

airworthiness, in accordance with appropriate Required
Communication Perfomance specifications.

(4) An Operator shall not operate an Aeroplane under Instrument

Flight Rules, or Visual Flight Rules over routes that cannot be
navigated by reference to visual landmarks, unless the Aeroplane is
equipped with communication and navigation equipment in accordance
with the requirements of air traffic services in the area of operation, but
not less than two independent radio communication systems necessary
under normal operating conditions to communicate with an appropriate
ground station from any point on the route including diversions.

(5) The Authority shall ensure that, in respect of those

Aeroplanes mentioned in regulation 18(3) adequate provisions exist
for—

(a) receiving the reports of observed communication

performance issued by monitoring programmes established
in accordance with the Civil Aviation (Air Traffic Services)
Regulations; and

(b) taking immediate corrective action for individual aircraft,

aircraft types or operators, identified in such reports as not
complying with the Required Communication Performance
specifications.
 1276
1276 Kenya Subsidiary Legislation, 2018

(6) A radio system referred to in sub-regulation (4) shall have an

independent antenna installation except that where rigidly supported
non-wire antennae or other antennae installations of equivalent
reliability are used, only one antenna is required.

(7) Where an operator is required to use more than one

communication equipment unit, each unit shall be independent of the
other or others to the extent that a failure in any one shall not result in
failure of any other.

(8) An Operator shall not operate an Aeroplane under IFR unless

the Aeroplane is equipped with an audio selector panel accessible to
each required flight crewmember.

(9) An Operator shall not conduct single pilot IFR or night

operations unless the Aeroplane is equipped with a headset with boom
microphone or equivalent and a transmit button on the control wheel.

(10) All Aeroplane when flying under IFR while making an

approach to landing shall be equipped with a radio apparatus capable of
receiving signals from one or more aeronautical radio stations on the
surface, to enable the Aeroplane to be guided to a point from which a
visual landing can be made at the Aerodrome at which the Aeroplane is
to land.

(11) Subject to such exceptions as may be prescribed, the radio

equipment provided in compliance within this regulation in any
Aeroplane registered in the Kenya shall be maintained in a serviceable
condition.

(12) All radio equipment installed in any Aeroplane registered in

the Kenya, in addition to the equipment required under these
Regulations, shall be of a type approved by the Authority in relation to
the purpose for which it is to be used, and shall, be installed in a
manner approved by the Authority and licenced by the Kenya
Communication Regulatory Authority of, and neither the equipment
nor the manner in which it is installed shall be modified except with the
approval of the Authority.

(13) An Operator shall not operate an Aeroplane unless there is a

boom or throat microphone available at each required flight
crewmember flight duty station.

19. (1) An Operator shall not fly a turbine-engine Aeroplane of a Airborne collision
avoidance system.
maximum certificated take-off-mass of over 5,700 kg or authorized to
carry more than nineteen passengers unless the Aeroplane is equipped
with an airborne collision avoidance system (ACAS II).

(2) Any airborne collision avoidance system installed on an

Aeroplane shall be approved by the Authority.
 Kenya Subsidiary Legislation, 2018 1277

(3) Each person operating an Aeroplane equipped with an

airborne collision avoidance system shall have that system on and
operating.

20. (1) All turbojet Aeroplanes of a maximum certificated take- Forward-looking

wind shear warning
off mass in excess of 5700 kg or authorised to carry more than nine system—turbojet
passengers shall be equipped with a forward-looking wind shear Aeroplanes.
warning system.

(2) The system should be capable of providing the pilot with a

timely aural and visual warning of wind shear ahead of the Aeroplane
and the information required to permit the pilot to safely commence
and continue a missed approach or go-around or to execute an escape
manoeuvre if necessary.

(3) The system should also provide an indication to the pilot

when the limits specified for the certification of automatic landing
equipment are being approached, when such equipment is in use.

21. (1) An Operator shall not operate an Aeroplane in airspace Altitude Reporting
transponder.
that requires a pressure-altitude reporting transponder unless that
equipment is operative.

(2) An Operator shall not operate an Aeroplane in Reduced

Vertical Separation Minimum airspace unless the Aeroplane is
equipped with a system that is automatically reporting pressure
altitudes.

(3) An Operator shall not operate an Aeroplane or Helicopter

unless it is equipped with a pressure-altitude reporting transponder that
operates in accordance with the Civil Aviation (Surveillance and
Collision Avoidance Systems) Regulations.

(4) AnAeroplane for which the individual certificate of

airworthiness is first issued after the 1st January, 2009 shall be equipped
with a data source that provides pressure-altitude information with a
resolution of 7.62 m (25 ft.), or better.

(5) The Mode S transponder should be provided with the airborne

on-the-ground status if the Aeroplane is equipped with an automatic
means of detecting such status.

22. (1) An Operator shall not operate an Aeroplane of which a Crewmember

interphone system:
flight crew of more than one is required unless it is equipped with a Aeroplane.
flight crew interphone system, including headsets and microphones, not
of a handheld type, for use by all members of the flight crew.

(2) An Operator shall not operate an Aeroplane with a maximum

certified take-off mass exceeding 15,000 kg or having a maximum
approved passenger seating configuration of more than nineteen unless
it is equipped with a crewmember interphone system that—
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1278 Kenya Subsidiary Legislation, 2018

(a) operates independently of the public address system except

for handsets, headsets, microphones, selector switches and
signalling devices;

(b) provides a means of two-way communication between the

flight crew compartment and each—

(i) passenger compartment;

(ii) galley located other than on a passenger cockpit

level;

(iii) remote crew compartment that is not on the passenger

cockpit and is not easily accessible from a passenger
compartment;

(c) is readily accessible for use—

(i) from each of the required flight crew stations in the

flight crew compartment; and

(ii) at required cabin crewmember stations close to each

separate or pair of floor level emergency exits;

(d) has an alerting system incorporating aural or visual signals

for use by flight crew members to alert the cabin crew and
for use by cabin crew members to alert the flight crew;

(e) has a means for the recipient of a call to determine whether

it is a normal call or an emergency call; and

(f) provides on the ground a means of two-way

communication between ground personnel and at least two
flight crewmembers.

23. An Operator shall not operate a Helicopter carrying a cabin Crew member
interphone system:
crew member other than a flight crew member unlessit is equipped with Helicopter.
a cabin crew member interphone system which—

(a) operates independently of the public address system except

for handsets, headsets, microphones, selector switches and
signalling devices;

(b) provides a means of two-way communication between the

flight crew compartment and each crewmember station;

(c) has readily accessible for use from each of the required
flight crew stations in the flight crew compartment;

(d) is readily accessible for use at required cabin crew stations

close to each separate or pair of floor level emergency
exits;
 Kenya Subsidiary Legislation, 2018 1279

(e) has an alerting system incorporating aural or visual signals

for use by flight crewmembers to alert the flight crew; and

(f) has a means for the recipient of a call to determine whether

it is a normal call or an emergency call.

PART V— INSTRUMENTS AND EQUIPMENT

24. (1) An Operator shall not operate an Aeroplane unless it is Aeroplane lights and
instrument
equipped with— illumination

(a) for flight by day—

(i) anti-collision light system;

(ii) lighting supplied from the Aeroplane electrical

system to provide adequate illumination for all
instruments and equipment essential for the safe
operation of the Aeroplane;

(iii) lighting supplied from the Aeroplane electrical

system to provide adequate illumination in all
passenger compartments;

(iv) an electric torch for each required crewmember

readily accessible to crewmember when seated at
their designated station;

(b) for flight by night, in addition to the equipment specified in

regulation 13—

(i) the lights required by the Civil Aviation (Rules of the

Air) Regulations, for Aeroplane in flight or operating
on the movement area of an Aerodrome;

(ii) lighting supplied from the Aeroplane electrical

system to provide adequate illumination for all
instruments and equipment essential for the safe
operation of the Aeroplane;

(iii) lights in all passenger compartments;

(iv) an electric torch for each crewmember station;

(v) two landing lights or a single light having two

separately energized filaments.

25. (1) An Aeroplane with speed limitations expressed in terms Mach Number
Indicator.
of Mach number shall be equipped with a Mach number indicator.

(2) An Operator shall not operate an Aeroplane that requires two

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1280 Kenya Subsidiary Legislation, 2018

pilots to operate unless each pilot’s station has a with compressibility

limitations not otherwise indicated by the required airspeed indicating
system Aeroplane.

26. An Operator shall not operate a pressurised aeroplane Loss of

pressurisation
intended to be operated at flight altitudes at which the atmospheric device.
pressure is less than 376 hPa unless the aeroplane is equipped with a
device to provide positive warning to the flight crew of any dangerous
loss of pressurisation.

27. (1) An operator shall not operate a turbojet-powered Altitude alerting

system.
Aeroplane unless that Aeroplane is equipped with an approved altitude
alerting system or device that is in operable condition and meets the
requirements of sub-regulation (2).

(2) An altitude alerting system or device required under sub-

regulation (1) shall be able to—

(a) alert the flight crew upon approaching a pre-selected

altitude in either ascent or descent, by a sequence of—

(i) both aural and visual signals in sufficient time to

establish level flight at that pre-selected altitude; or

(ii) visual signals in sufficient time to establish level

flight at that pre-selected altitude, and when deviating
above and below that pre-selected altitude, by an
aural signal;

(b) provide the required signals from sea level to the highest
operating altitude approved for the Aeroplane in which it is
installed;

(c) pre-select altitudes in increments that are commensurate

with the altitudes at which the Aeroplane is operated;

(d) be tested without special equipment to determine proper

operation of the alerting signals; and

(e) accept necessary barometric pressure settings if the system

or device operates on barometric pressure.

(3) For operation below 3,000 feet above ground level, the
system or device need only to provide one signal, either visual or aural,
to comply with this regulation; a radio altimeter may be included to
provide the signal if the operator has an approved procedure for its use
to determine decision height or minimum deviation altitude, as
appropriate.

(4) An operator to which this regulation applies shall establish

and assign procedures for the use of the altitude alerting system or
 Kenya Subsidiary Legislation, 2018 1281

device and each flight crew shall comply with those procedures
assigned to him.

28. (1) An Operator shall not fly a turbine-engined Aeroplane of Ground proximity
warning
a maximum certificated take-off mass of over 5,700 kg or authorized to system(GPWS).
carry more than nine passengers unless the Aeroplane is equipped with
a ground proximity warning system.

(2) A turbine-engined Aeroplane of a maximum certificated take-

off mass of over 15,000 kg or authorized to carry more than thirty
passengers shall be equipped with a ground proximity warning system
which has a forward looking terrain avoidance function.

(3) A turbine-engined Aeroplane of a maximum certificated take-

off mass of over 5,700 kg or authorized to carry more than nine
passengers, for which the individual certificate of airworthiness is first
issued on or after the 1st January, 2004, shall be equipped with a ground
proximity warning system which has a forward looking terrain
avoidance function.

(4) An Operator shall not fly a turbine-engined Aeroplane of over

5,700 kg maximum certificated take-off mass of over 5,700 kg or
authorized to carry more than nine passengers, unless the Aeroplane is
equipped with a ground proximity warning system which has a forward
looking terrain avoidance function.

(5) An Operator shall not fly a piston-engined Aeroplanes of a

maximum certificated take-off mass of over 5,700 kg or authorized to
carry more than nine passengers unless the Aeroplane is equipped with
a ground proximity warning system which provides the warnings in
sub-regulation (7) (a) and (c), warning of unsafe terrain clearance and a
forward looking terrain avoidance function.

(6) A ground proximity warning system shall provide

automatically a timely and distinctive warning to the flight crew when
the Aeroplane is in potentially hazardous proximity to the earth’s
surface.

(7) A ground proximity warning system shall provide, unless

otherwise specified herein, warnings of the following circumstances—

(a) excessive descent rate;

(b) excessive terrain closure rate;

(c) excessive altitude loss after take-off or go- around;

(d) unsafe terrain clearance while not in landing configuration;

(i) gear not locked down;

(ii) flaps not in a landing position; and

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1282 Kenya Subsidiary Legislation, 2018

(e) excessive descent below the instrument glide path.

29. (1) An Operator shall not operate— Weather radar.

(a) a pressurised aeroplane;

(b) an unpressurised Aeroplane which has a maximum

certificated take-off mass of over 5,700 kg; or

(c) an unpressurised Aeroplane having a maximum approved

passenger seating configuration,

unless it is equipped with airborne weather radar equipment

whenever such an Aeroplane is being operated at night or in instrument
meteorological conditions in areas where thunderstorms or other
potentially hazardous weather conditions, regarded as detectable with
airborne weather radar, may be expected to exist along the route.

(2) An airborne weather radar equipment in Propeller driven

pressurised Aeroplane having a maximum certificated take-off mass of
over 5,700 kg with a maximum approved passenger seating
configuration not exceeding nine seats and operated at night and in
instrument metrological conditions referred to in sub regulation (1) may
be replaced by other equipment capable of detecting thunderstorms and
other potentially hazardous weather conditions, regarded as detectable
with airborne weather radar equipment, subject to approval by the
Authority

(3) An airborne weather radar equipment in Propeller driven

pressurized Aeroplanes having a maximum certificated take-off mass
of over 5,700 kilograms with a maximum approved passenger seating
configuration not exceeding nine seats, operated at night and in
instrument meteorological conditions referred to in sub-regulation (1)
may be replaced by other equipment capable of detecting
thunderstorms and other potentially hazardous weather conditions,
regarded as detectable with airborne weather radar equipment, subject
to approval by the Authority.

PART VI— FLIGHT DATA RECORDER AND CVR

30. (1) A turbine-engined Aeroplane of a maximum certificated CVRs and cockpit

audio recording
take-off mass of over 2 250 kg, up to and including 5 700 kg, for which systems.
the type certificate was issued on or after the 1stJanuary, 2016 and
required to be operated by more than one pilot shall be equipped with
either a CVR or a CARS.

(2) An Aeroplane of a maximum certificated take-off mass of

over 5 700 kg for which the individual certificate of airworthiness is
first issued on or after the 1st January, 2003 shall be equipped with a
CVR capable of retaining the information recorded during at least the
last two hours of its operation.
 Kenya Subsidiary Legislation, 2018 1283

(3) An Aeroplane of a maximum certificated take-off mass of

over 5 700 kg for which the individual certificate of airworthiness is
first issued on or after the 1stJanuary 1987 shall be equipped with a
CVR.
(4) A turbine-engined Aeroplane, for which the individual
certificate of airworthiness was first issued before 1 January 1987, with
a maximum certificated take-off mass of over 27 000 kg that are of
types of which the Prototype was certificated by the appropriate
national authority after 30 September 1969 shall be equipped with a
CVR.
(5) An alternate power source shall automatically engage and
provide ten minutes, plus or minus one minute, of operation whenever
Aeroplane power to the recorder ceases, either by normal shutdown or
by any other loss of power. The alternate power source shall power the
CVR and its associated cockpit area microphone components and the
CVR shall be located as close as practicable to the alternate power
source.
(6) An Aeroplanes of a maximum certificated take-off mass of
over 27 000 kg for which the type certificate is submitted to a
Contracting State on or after 1 January 2018 shall be provided with an
alternate power source, as defined in sub regulation 5 Above that
powers the forward CVR in the case of combination recorders.
(7) The use of magnetic tape and wire CVRs shall be
discontinued by the 1stJanuary, 2016.
31. (1) An Aeroplane equipped with automatic landing systems, a Head-up displays
(HUD) or enhanced
HUD or equivalent displays, EVS, SVS or CVS, or any combination of vision systems
those systems into a hybrid system, the use of such systems for the safe (EVS).
operation of an Aeroplane shall be approved by the Authority.
(2) The Authority may approve the operational use of automatic
landing systems, a HUD or equivalent displays, EVS, SVS or CVS, if
the Operator ensures that—
(a) the equipment meets the appropriate airworthiness
certification requirements;
(b) the Operator has carried out a safety risk assessment of the
operations supported by the automatic landing systems, a
HUD or equivalent displays, EVS, SVS or CVS;
(c) the Operator has established and documented the
procedures for the use of, and training requirements for,
automatic landing systems, a HUD or equivalent displays,
EVS, SVS or CVS.
32. A CVR shall be capable retaining the information recorded CVRs: duration–
Aeroplane.
during at least the last two hours of its operation.
33. (1) An Operator shall not fly an Aeroplane unless the CVRs: general
requirements-
Aeroplane is equipped with a CVRCVR installed as required under Aeroplane.
regulation 30 and designed to record at least the following voice
communication transmitted from or received in the Aeroplane by
radio—
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1284 Kenya Subsidiary Legislation, 2018

(a) aural environment on the flight cockpit;

(b) voice communication of flight crewmembers on the flight
cockpit using the Aeroplane’s interphone system;
(c) voice or audio signals identifying navigation or approach
aids introduced in the headset or speaker;
(d) voice communication of flight crewmembers using the
passenger address system, if installed; and
(e) digital communications with ATS, unless recorded by the
flight data recorder.
(2) A CVR container shall—
(a) be painted a distinctive orange or yellow colour;
(b) carry reflective material to facilitate its location; and
(c) have securely attached an automatically activated
underwater locating device.
(3) Microphones in the cockpit shall be located in the best
position for recording voice communications originating at the pilot
and co-pilot stations and voice communications of other crewmembers
on the flight deck when directed to those stations by wiring suitable
boom microphones to record continuously on separate channels.
(4) A CVR shall be installed so that—
(a) the probability of damage to the recording is minimized
by—
(i) locating the recorder as far aft as practicable;
(ii) in the case of pressurized Aeroplanes, locating the
CVR in the vicinity of the rear pressure bulkhead;
(b) It has an alternate power source that shall automatically
engage and provide ten minutes, plus or minus one minute,
of operation whenever Aeroplane power to the recorder
ceases, either by normal shutdown or by any other loss of
power;
(i) The alternate power source shall power the CVR and
its associated cockpit area microphone components.
(ii) The CVR shall be located as close as practicable to
the alternate power source
(c) An Aeroplane of a maximum certificated take-off mass of
over 27 000 kg for which the type certificate is submitted to
a Contracting State on or after 1 January 2018 shall be
provided with an alternate power source, as defined in (b)
that powers the forward CVR in the case of combination
recorders.
(d) there is an aural or visual means for pre-flight checking of
the CVR for proper operation; and
 Kenya Subsidiary Legislation, 2018 1285

(e) if the CVR has a bulk erasure device, the installation is

designed to prevent operation of the device during flight
time or crash impact.
(5) The use of magnetic tape and wire flight CVRs is prohibited.
(6) The provisions of the First Schedule shall apply with regard
to CVRs.
34. (1) Subject to sub-regulation (2), an Operator shall not fly a CVRs: Helicopters.
Helicopter of a maximum certificated take-off mass of 3,175 kilograms
or above unless the Helicopter is equipped with a CVR for recording of
the aural environment on the flight deck during flight time.
(2) A Helicopter is not equipped with a flight data recorder the
main rotor speed shall be recorded on one track of the CVR.
(3) The Provisions of the First Schedule shall apply with regard
to CVRs.
35. (1) A CVR shall be capable of retaining the information CVRs: duration-
Helicopters.
recorded during at least the last 30 minutes of its operations.
(2) A Helicopter required to be equipped with a CVR shall be
equipped with a CVR capable of retaining the information recorded
during the last two hours of its operation.
(3) The provisions of the First Schedule shall apply with regard
to this regulation.
36. (1) An Operator shall not fly a Helicopter unless the CVRs: performance
requirements.
Helicopter is equipped with a CVR installed as required by regulation
35 and 36, capable of recording on at least four tracks
simultaneously—
(a) to ensure accurate time correlation between tracks, the
CVR shall record in an in-line format;
(b) if a bidirectional configuration is used, the in-line format
and track allocation shall be retained in both directions.
(2) The track allocation in a CVR shall be—
(a) track 1 – co-pilot headphones and live boom microphone;
(b) track 2 – PIC headphones and live boom microphone;
(c) track 3 – area microphones; and
(d) track 4 – time reference plus the third and fourth
crewmembers’ headphone and live microphone, if
applicable.
(3) A CVR shall, when tested by methods approved by the
Appropriate Authority, be demonstrated to be suitable for the
environmental extremes, which it is designed to operate.
(4) A CVR installed in an Aeroplane, shall provide for an
accurate correlation between the CVR and the flight data recorder.
37. (1) An Operator shall perform the built-in test features on the CVRs Inspections.
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1286 Kenya Subsidiary Legislation, 2018

cockpit for the CVR prior to the first flight of each day.
(2) Annual Inspections of a CVR shall be conducted as follows—
(a) the read-out of the recorded data shall ensure that the
recorder operates correctly for the nominal duration of the
recording;
(b) an annual examination of the recorded signal on the CVR
shall be carried out by replay of the CVR recording;
(c) while installed in the Aeroplane, the CVR shall record text
signals from each Aeroplane source and from relevant
external sources to ensure that all required signals meet
intelligibility standards;
(d) during the annual examination, a sample of in-flight
recordings of the CVR shall be examined for evidence that
the intelligibility of the signal is acceptable; and
(e) operational checks and evaluations of recordings from the
flight recorder systems shall be conducted to ensure the
continued serviceability of the recorders.
(3) An operator shall ensure that a report of the annual Inspection
referred to in sub-regulation(2) is made available to the Authority.
38. (1) An Operator shall not operate a turbine-engined Flight data recorders.
Aeroplane of a maximum certificated take off mass of over 5,700 kg
unless the Aeroplane is equipped with an approved flight data
recording system.
(2) A flight data recorder referred to in sub regulation (1) shall—
(a) be constructed, located and installed so as to provide
maximum practical protection for the recordings in order
that the recorded information may be preserved, recovered
and transcribed;
(b) be calibrated and maintained in accordance with a
maintenance schedule approved by the Authority, with a
valid certificate of release to service issued in accordance
with these Regulations certifying that maintenance has
been carried out in accordance with such maintenance
schedule; and
(c) have an approved device to assist in locating that recorder
under water.
(3) Inspections of flight data records shall be conducted annually
and a report of the annual Inspection shall be made available to the
Authority.
(4) The use of engraving metal foil flight data recorders or,
analogue data using frequency modulation and photographic film flight
data recorders is prohibited.
(5) The use of engraving metal foil flight data recorders,
magnetic tape flight data recorders or Photographic film flight data
 Kenya Subsidiary Legislation, 2018 1287

recorders is prohibited.
39. (1) Types I and IA FDR shall record the parameters required Flight data recorders:
Aeroplanes.
to determine accurately the Aeroplane flight path, speed, attitude,
engine power, configuration and operation.
(2) Types II and IIA FDRs shall record the parameters required to
determine accurately the Aeroplane flight path, speed, attitude, engine
power and configuration of lift and drag devices.
(3) A turbine-engined Aeroplane of a maximum certificated take-
off mass of 5 700 kg or less for which the type certification was issued
on or after 1 January 2016 shall be equipped with—
(a) a Type II FDR; or
(b) a Class C AIR or AIRS capable of recording flight path and
speed parameters displayed to the pilot(s); or
(c) an ADRS capable of recording the essential parameters
defined in First Schedule
(4) An Aeroplane which are required to record normal
acceleration, lateral acceleration and longitudinal acceleration for
which the type certificate was issued on or after 1 January 2016 and
which are required to be fitted with an FDR shall record those
parameters at a maximum sampling and recording interval of 0.0625
seconds.
(5) An Aeroplane which is required to record pilot input or
control surface position of primary controls (pitch, roll, yaw) for which
the type certificate was issued on or after 1 January 2016 and which are
required to be fitted with an FDR shall record those parameters at a
maximum sampling and recording interval of 0.125 seconds.
(6) Types I and IA FDR shall record the parameters required to
determine accurately the Aeroplane flight path, speed, attitude, engine
power, configuration and operation.
(7) Types II and IIA FDRs shall record the parameters required to
determine accurately the Aeroplane flight path, speed, attitude, engine
power and configuration of lift and drag devices.
40. (1) An FDR installed on Helicopters shall meet the Flight data recorders:
Helicopters
requirements outlined in the First Schedule.
(2) A Type IV FDR shall record the parameters required to
determine accurately the Helicopter flight path, speed, attitude, engine
power and operation.
(3) A Type IVA FDR shall record the parameters required to
determine accurately the Helicopter flight path, speed, attitude, engine
power, operation and configuration.
(4) A Type V FDR shall record the parameters required to
determine accurately the Helicopter flight path, speed, attitude and
engine power.
(5) A Helicopter of a maximum certificated take-off mass of over
 1288
1288 Kenya Subsidiary Legislation, 2018

3 175 kg for which the individual certificate of airworthiness is first

issued on or after 1 January 2016 shall be equipped with a Type IVA
FDR.
(6) All Helicopters of a ma
(7) Types IV, IVA and V FDRs shall ximum certificated take-off
mass of over 7 000 kg, or having a passenger seating configuration of
more than nineteen, for which the individual certificate of airworthiness
is first issued on or after 1 January 1989 shall be equipped with a Type
IV FDR. be capable of retaining the information recorded during at
least the last ten hours of their operation.
(8) The use of the following FDRs shall be discontinued—
(a) metal foil FDRs;
(b) photographic film FDRs;
(c) analogue FDRs using frequency modulation (FM);
(d) magnetic tape FDRs
41. An Operator shall not fly an Aeroplane or Helicopter unless it Flight data recorder
duration.
is equipped with a flight data recorder capable of retaining the
information recorded during at least the last twenty-five hours of the
operation, except for the Type IIA flight data recorders which shall be
capable of retaining the information recorded during at least the last
thirty minutes of its operation.
42. An Operator shall not fly an Aeroplane unless it is equipped Flight data recorder:
information
with a flight data recorder which shall record the information specified recorded.
in the Table set out in the First Schedule to these Regulations.
43. (1) An Aeroplane or Helicopter for which the individual Recording of data
link communication.
certificate of airworthiness is first issued on or after 1 January 2016,
which utilize any of the data link communications applications listed in
the First Schedule and are required to carry a CVR, shall record on a
flight recorder the data link communications messages.
(2) An Aeroplane which are modified on or after 1 January 2016
to install and utilize any of the data link communications applications
listed in the First Scheduleand are required to carry a CVR shall record
on a flight recorder the data link communications messages.
(3) The minimum recording duration shall be equal to the
duration of the CVR.
(4) Data link recording shall be able to be correlated to the
recorded cockpit audio.
44. The documentation requirement concerning FDR and ADRS Flight recorders
electronic
parameters provided by operators to accident investigation authorities documentation.
should be in electronic format and take account of industry
specifications.
PART VII— EMERGENCY, RESCUE AND SURVIVAL
EQUIPMENT
 Kenya Subsidiary Legislation, 2018 1289

45. (1) An Operator shall not operate an Aeroplane unless that Emergency
equipment: all
Aeroplane is equipped with emergency and flotation equipment that Aeroplane.
is—
(a) readily accessible to the crew and, with regard to
equipment located in the passenger compartment, to
passengers without appreciable time for preparatory
procedures;
(b) clearly identified and clearly marked to indicate its method
of operation;
(c) marked to indicate the date of last Inspection; and
(d) when carried in a compartment or container, marked to
indicate the contents and the compartment or container or
the item itself.
(2) An item of emergency and flotation equipment referred to in
sub-regulation (1) shall be inspected regularly in accordance with
Inspection periods approved by the Authority.
46. (1) An Operator shall not operate a passenger carrying Emergency lighting.
Aeroplaneof a maximum approved passenger seating configuration of
more than nine unless the Aeroplane is provided with an emergency
lighting system having an independent power supply to facilitate the
evacuation of the Aeroplane.
(2) An emergency lighting system must include—
(a) for Aeroplanes which have a maximum approved passenger
seating configuration of more than nineteen—
(i) sources of general cabin illumination;
(ii) internal lighting in floor level emergency exit areas;
(iii) illuminated emergency exit marking and locating
signs;
(iv) for Aeroplanes for which the application for the type
certificate or equivalent was filed in an Appropriate
Authority and when flying by night, exterior
emergency lighting at all over wing exits, passenger
emergency exits and at exits where descent assist
means are required; and
(v) for Aeroplanes for which the type certificate was first
issued by an Appropriate Authorityon or after the
1stJanuary, 1958, floor proximity emergency escape
path marking system in the passenger compartments;
(b) for Aeroplanes which have a maximum approved passenger
seating configuration of 19 or less—
(i) sources of general cabin illumination;
(ii) internal lighting in emergency exit areas; and
(iii) illuminated emergency exit marking and locating
 1290
1290 Kenya Subsidiary Legislation, 2018

signs.
(c) An Operator shall not, by night, operate a passenger
carrying Aeroplane which has a maximum approved
passenger seating configuration of nine or less unless it is
provided with a source of general cabin illumination to
facilitate the evacuation of the Aeroplane.
(3) An emergency system may use dome lights or other sources
of illumination already fitted on the Aeroplane and which are capable
of remaining operative after the Aeroplane’s battery has been switched
off.
47. (1) An Operator shall not fly an Aeroplane unless, every exit Exits.
and every internal door in the Aeroplane is in working order, and,
subject to sub-regulations (2), (3) and (4), during take-off and landing
and during any emergency, every such exit and door shall be kept free
of obstruction and operating handle shall not be fastened by locking or
otherwise so as to prevent, hinder or delay door operation during
emergency.
(2) An exit may be obstructed by cargo if it is an exit which, in
accordance with arrangements approved by the Authority, either
generally or in relation to a class of Aeroplane or a particular
Aeroplane, is not required for use by passengers.
(3) Every exit from the Aeroplane, being an exit intended to be
used by passengers in normal circumstances, shall be marked with the
word "EXIT" and "KUTOKA" in capital letters and every exit, being
an exit intended to be used by passengers in an emergency only, shall
be marked with the words "EMERGENCY EXIT" and "MLANGO
WA DHARURA" in capital letters or approved symbols depicting the
same.
(4) Every exit from the Aeroplane shall be marked with
instructions and with diagrams, to indicate the correct method of
opening the exit and the markings shall be placed on or near the inside
surface of the door or other closure of the exit and, if it can be opened
from the outside of the Aeroplane, or near the exterior surface.
(5) Subject to compliance with sub regulation (4), if one, but not
more than one, exit from an Aeroplane becomes inoperative at a place
where it is not reasonably practicable for it to be repaired or replaced,
nothing in this regulation shall prevent that Aeroplane from carrying
passengers until it next lands at a place where the exit can be repaired
or replaced.
(6) On any flight pursuant to this sub regulation—
(a) the number of passengers carried and the position of the
seats which the passengers occupy shall be in accordance
with arrangements approved by the Authority either in
relation to the particular Aeroplane or to a class of
Aeroplane; and
(b) in accordance with arrangements so approved, the exit shall
be fastened by locking or otherwise, the words ‘EXIT’,
 Kenya Subsidiary Legislation, 2018 1291

‘KUTOKA’, ‘EMERGENCY EXIT’ and ‘MLANGO WA

DHARURA’ shall be covered, and the exit shall be marked
by a red disc at least 23 centimetres in diameter with a
horizontal white bar across it bearing the words ‘NO EXIT’
and ‘HAKUNA KUTOKA’ in red letters or approved
symbols depicting the same.
48. An Operator shall not operate an Aeroplane across land areas Flights over
designated land
which have been designated by the state concerned as areas in which areas: all Aeroplane.
search and rescue would be especially difficult, unless equipped with
such signalling devices and lifesaving equipment, including means of
sustaining life as may be appropriate to the area over flown.
49. (1) Except as provided for in sub regulation 2 below, all Emergency locator
transmitter;
Aeroplanes authorized to carry more than 19 passengers shall be Aeroplanes.
equipped with at least one automatic Emergency Locator Transmitteror
two Emergency Locator Transmitters of any type operating on 121.5
MHz and 406 MHz.
(2) An Aeroplane authorized to carry more than 19 passengers for
which the individual certificate of airworthiness is first issued after 1
July 2008 shall be equipped with either—
(a) at least two Emergency Locator Transmitters, one of which
shall be automatic; or
(b) at least one Emergency Locator Transmitter and a
capability that meets the requirements of regulation 53.
(3) Except as provided for in sub regulation 4, all Aeroplanes
authorized to carry 19 passengers or less shall be equipped with at least
one Emergency Locator Transmitter of any type.
(4) An Aeroplane authorized to carry 19 passengers or less for
which the individual certificate of airworthiness is first issued after 1
July 2008 shall be equipped with at least one automatic Emergency
Locator Transmitter.
(5) Emergency Locator Transmitter equipment carried to satisfy
the requirements of sub-regulation 1, 2, 3 and 4 shall operate in
accordance with the relevant provisions of the Civil Aviation
(Surveillance and Collision Avoidance systems)Regulations.
50. (1) All Helicopters operating in performance Class 1 and 2 Emergency locator
transmitter:
shall be equipped with at least one automatic Emergency Locator Helicopters.
Transmitter and, when operating on flights over water, with at least one
automatic Emergency Locator Transmitter and one Emergency Locator
Transmitter(S) in a raft or life jacket
(2) All Helicopters operating in performance Class 3 shall be
equipped with at least one automatic Emergency Locator Transmitter
and, when operating on flights over water with at least one automatic
Emergency Locator Transmitter and one Emergency Locator
Transmitter(S) in a raft or life jacket.
(3) Emergency Locator Transmitter equipment carried to satisfy
the requirements of sub regulation 1 and 2 shall operate in accordance
 1292
1292 Kenya Subsidiary Legislation, 2018

with the relevant provisions of the Civil Aviation (Surveillance and

Collision Avoidance Systems) Regulations.
51. (1) An Operator shall not operate an Aeroplane unless hand Portable fire
extinguishers.
fire extinguishers are provided for use in pilot, passenger, and as
applicable, cargo compartments and galleys in accordance with the
following—
(a) the type and quantity of extinguishing agent is suitable for
the kinds of fires likely to occur in the compartment where
the extinguisher is intended to be used and, for personnel
compartments, shall minimise the hazard of toxic gas
concentration;
(b) at least one hand fire extinguisher, containing Halon 1211
(bromochlorodi-fluoromethane, CBrCIF2), or equivalent as
the extinguishing agent, shall be conveniently located on
the cockpit for use by the flight crew;
(c) at least one hand fire extinguisher shall be located in, or
readily accessible for use in, each galley not located on the
main passenger cabin;
(d) at least one readily accessible hand fire extinguisher shall
be available for use in each Class A or Class B cargo or
baggage compartment and in each Class E cargo
compartment that is accessible to crewmembers in flight;
and
(e) At least the following number of hand fire extinguishers
shall be conveniently located in the passenger compartment
and, in the event that two or more extinguishers are
required, they shall be evenly distributed in the passenger
compartment.

Maximum approved passenger seating Number of Extinguishers

configuration
7 to 30 1
31 to 60 2
61 to 200 3
201 to 300 4
301 to 400 5
401 to 500 6
501 to 600 7
601 or more 8

(f) at least one of the required fire extinguishers located in the

passenger compartment of an Aeroplane with a maximum
approved passenger seating configuration of at least thirty-
one, and not more than sixty, and at least two of the fire
extinguishers located in the passenger compartment of an
Aeroplane with a maximum approved passenger seating
 Kenya Subsidiary Legislation, 2018 1293

configuration of sixty one or more must contain Halon

1211 (bromochlorodi-fluoromethane, CBrCIF2), or
equivalent as the extinguishing agent.

52. (1) An Operator shall not operate an Aeroplane carrying Lavatory fire
extinguisher.
passengers unless each lavatory in the Aeroplane is equipped with a
built-in fire extinguisher for each disposal receptacle for towels, paper,
or waste located within the lavatory.

(2) The built-in lavatory fire extinguishers referred in sub

regulation (1) shall be designed to discharge automatically into each
disposal receptacle upon occurrence of a fire in the receptacle.

(3) Any agent used in a built-in fire extinguisher for each

lavatory disposal receptacle for towels, paper or waste in an Aeroplane
for which the individual certificate of airworthiness is first issued on or
after the 31st December, 2011 and any extinguishing agent used in a
portable fire extinguisher in an Aeroplane for which the individual
certificate of airworthiness is first issued on or after the 31st December,
2018 shall—

(a) meet the applicable minimum performance requirements of

the State of Registry; and

(b) not be of a type listed in the 1987 Montreal Protocol on

Substances that Deplete the Ozone Layer as it appears in
the Eighth Edition of the Handbook for the Montreal
Protocol on Substances that Deplete the Ozone Layer,
Annex A, Group II.

53. An Operator shall not operate a passenger-carrying Aeroplane Lavatory smoke

detector.
unless each lavatory in the Aeroplane is equipped with a smoke
detector system or equivalent that provides—

(a) warning light in the cockpit;

(b) a warning light or audio warning in the passenger cabin,

which shall be readily detected by a cabin crewmember,
taking into consideration the positioning of cabin
crewmembers throughout the passenger compartment
during various phases of flight.

54. (1) An Operator shall not operate an Aeroplane with a Crash axe.
maximum certificated take-off mass of over 5,700 kg or having a
maximum approved passenger seating configuration of more than nine
seats unless it is equipped with at least one crash axe or crowbar
located in the cockpit.

(2) Where the maximum approved passenger-seating

configuration is more than two hundred an additional crash axe or
crowbar shall be carried and located in or near the most rearward galley
area.
 1294
1294 Kenya Subsidiary Legislation, 2018

(3) Crash axes and crowbars located in the passenger

compartment shall not be visible to the passengers.

55. (1) If areas of the fuselage suitable for break-in by rescue Marking of break-in
points.
crews in an emergency are marked on an aircraft, such areas shall be
marked as shown below (see figure following) and the colour of the
markings shall be red or yellow, and if necessary they shall be outlined
in white to contrast with the background.

(2) If the corner markings are more than 2 m apart, intermediate

lines 9 cm × 3 cm shall be inserted so that there is no more than 2 m
between adjacent markings.

(3) Where areas of the fuselage suitable for break-in by rescue

crews in emergency are marked on an Aeroplane, such areas shall be
marked as shown in the following diagram—

56. (1) An Aeroplane shall be equipped with— Medical Supplies

(Aerplanes).

(a) accessible and adequate medical supplies as set out in the

Second Schedule;

(b) medical supplies which shall comprise—

(i) one or more first-aid kits for the use of cabin crew in
managing incidents of ill health; and

(ii) for Aeroplanes required to carry cabin crew as part of

the operating crew, one universal precaution kit (two
for Aeroplanes authorized to carry more than 250
passengers) for the use of cabin crew members in
managing incidents of ill health associated with a
case of suspected communicable disease, or in the
case of illness involving contact with body fluids;
and

(iii) for Aeroplanes authorized to carry more than 100

passengers, on a sector length of more than two
hours, a medical kit, for the use of medical doctors or
other qualified persons in treating in-flight medical
emergencies.

57. (1) A helicopter shall be equipped with— Medical Supplies

(Helicopter).

(a) accessible and adequate medical supplies as provided in the

Second Schedule;

(b) Medical supplies shall comprise—

(i) first-aid kit; and

 Kenya Subsidiary Legislation, 2018 1295

(ii) for helicopters required to carry cabin crew as part of

the operating crew, a universal precaution kit, for the
use of cabin crew in managing incidents of ill health
associated with a case of suspected communicable
disease, or in the case of illness involving contact
with body fluids.

58. (1) A flight to be operated at flight altitudes at which the Oxygen Supply:
Aeroplane
atmospheric pressure in personnel compartments will be less than 700
hPa shall not be commenced unless sufficient stored breathing oxygen
is carried to supply—

(a) all crew members and 10 per cent of the passengers for any
period in excess of 30 minutes that the pressure in
compartments occupied by them will be between 700 hPa
and 620 hPa; and

(b) the crew and passengers for any period that the atmospheric
pressure in compartments occupied by them will be less
than 620 hPa.
(i) Absolute pressure Metres Feet
(ii) 700 hPa 3 000 10 000
(iii) 620 hPa 4 000 13 000
(iv) 376 hPa 7 600 25 000

(2) An Aeroplane intended to be operated at flight altitudes at

which the atmospheric pressure is less than 700 hPa in personnel
compartments shall be equipped with oxygen storage and dispensing
apparatus capable of storing and dispensing the oxygen supplies
required in sub regulation 1.

(3) A flight to be operated with a pressurized aeroplane shall not

be commenced unless a sufficient quantity of stored breathing oxygen
is carried to supply all the crew members and passengers, as is
appropriate to the circumstances of the flight being undertaken, in the
event of loss of pressurization, for any period that the atmospheric
pressure in any compartment occupied by them would be less than 700
hPa. In addition, when an aeroplane is operated at flight altitudes at
which the atmospheric pressure is less than 376 hPa, or which, or
which, if operated at flight altitudes at which the atmospheric pressure
is more than 376 hPa and cannot descend safely within four minutes to
a flight altitude at which the atmospheric pressure is equal to 620 hPa,
there shall be no less than a 10-minute supply for the occupants of the
passenger compartment.

(4) Pressurized aeroplanes newly introduced into service on or

after1 July 1962 and intended to be operated at flight altitudes at which
the atmospheric pressure is less than 376 hPa shall be equipped with a
device to provide positive warning to the flight crew of any dangerous
loss of pressurization.
 1296
1296 Kenya Subsidiary Legislation, 2018

(5) Pressurized aeroplanes introduced into service before the 1st

July 1962 and intended to be operated at flight altitudes at which the
atmospheric pressure is less than 376 hPa should be equipped with a
device to provide positive warning to the flight crew of any dangerous
loss of pressurization

(6) An aeroplane intended to be operated at flight altitudes at

which the atmospheric pressure is less than 376 hPa, or which, if
operated at flight altitudes at which the atmospheric pressure is more
than 376 hPa, cannot descend safely within four minutes to a flight
altitude at which the atmospheric pressure is equal to 620 hPa and for
which the individual certificate of airworthiness is first issued on or
after the 9th November, 1998, shall be provided with automatically
deployable oxygen equipment to satisfy the requirements of sub
regulation (1) and the total number of oxygen dispensing units shall
exceed the number of passenger and cabin crew seats by at least 10 per
cent.

59. (1) A flight to be operated at flight altitudes at which the Oxygen Supply
Helicopter.
atmospheric pressure in personnel compartments will be less than 700
hPa shall not be commenced unless sufficient stored breathing oxygen
is carried to supply—

(a) all crew members and 10 per cent of the passengers for any
period in excess of 30 minutes that the pressure in
compartments occupied by them will be between 700 hPa
and 620 hPa; and

(b) the crew and passengers for any period that the atmospheric
pressure in compartments occupied by them will be less
than 620 hPa.
Absolute pressure Metres Feet
700 hPa 3 000 10 000
620 hPa 4 000 13 000
376 hPa 7 600 25 000

(2) Flight to be operated with a pressurized helicopter shall not be

commenced unless a sufficient quantity of stored breathing oxygen is
carried to supply all the crew members and passengers, as is appropriate
to the circumstances of the flight being undertaken, in the event of loss
of pressurization, for any period that the atmospheric pressure in any
compartment occupied by them would be less than 700 hPa and in
addition, when the helicopteris operated at flight altitudes at which the
atmospheric pressure is more than 376 hPa and cannot descend safely to
a flight altitude at which the atmospheric pressure is equal to 620 hPa
within four minutes, there shall be no less than a 10-minute supply for
the occupants of the passenger compartment.

(3) A helicopter intended to be operated at flight altitudes at

which the atmospheric pressure is less than 700 hPa in personnel
compartments shall be equipped with oxygen storage and dispensing
apparatus capable of storing and dispensing the oxygen supplies
 Kenya Subsidiary Legislation, 2018 1297

required in sub regulation (1).

(4) Helicopter intended to be operated at flight altitudes at which

the atmospheric pressure is less than 700 hPa but which is provided
with means of maintaining pressures greater than 700 hPa in personnel
compartments shall be providedwith oxygen storage and dispensing
apparatus capable of storing and dispensing the oxygen supplies
required in sub regulation (2).

(5) A helicopter intended to be operated at flight altitudes at

which the atmospheric pressure is less than 376 hPa, or which, if
operated at flight altitudes at which the atmospheric pressure is more
than 376 hPa which cannot descend safely within four minutes to a
flight altitude at which the atmospheric pressure is equal to 620 hPa,
and for which the individual certificate of airworthiness was issued on
or after the 9th November 1998, shall be provided with automatically
deployable oxygen equipment to satisfy the requirements of sub
regulation 2 and the total number of oxygen dispensing units shall
exceed the number of passenger and cabin crew seats by at least 10 per
cent.

(6) Unpressurized helicopters intended to be operated at high

altitudes shall carry equipment for storing and dispensing the oxygen
supplies required in sub regulation (1).

(7) Pressurized helicopters intended to be operated at high

altitudes should carry emergency oxygen storage and dispensing
equipment capable of storing and dispensing the oxygen supplies
required in sub regulation (1).

60. (1) All flight crew members, when engaged in performing Crew Members use
of Oxygen.
duties essential to the safe operation of an aeroplane in flight, shall use
breathing oxygen continuously whenever the circumstances prevail for
which its supply has been required in regulation 58.

(2) All flight crew members of pressurized aeroplanes operating

above an altitude where the atmospheric pressure is less than 376 hPa
shall have available at the flight duty station a quick-donning type of
oxygen mask which will readily supply oxygen upon demand.

(3) Cabin crew shall be safeguarded so as to ensure reasonable

probability of their retaining consciousness during any emergency
descent which may be necessary in the event of loss of pressurization
and, in addition, they should have such means of protection as will
enable them to administer first aid to passengers during stabilized flight
following the emergency. Passengers should be safeguarded by such
devices or operational procedures as will ensure reasonable probability
of their surviving the effects of hypoxia in the event of loss of
pressurization.

61. (1) An Aeroplane with a maximum certificated takeoff mass Protective breathing
equipment.
of over 5,700 kg having a maximum approved seating configuration of
 1298
1298 Kenya Subsidiary Legislation, 2018

more than nineteen seats shall have—

(a) protective breathing equipment to protect the eyes, nose

and mouth of each flight crewmember while on cockpit
duty and to provide oxygen for a period of not less than
fifteen minutes; and

(b) sufficient protective breathing equipment to protect the

eyes, nose and mouth of all required cabin crewmembers
and to provide oxygen for a period of not less than fifteen
minutes.

(2) When the flight crew is more than one and a cabin
crewmember is not carried, portable protective breathing equipment
must be carried to protect the eyes, nose and mouth of one member of
the flight crew and to provide oxygen for a period of not less than
fifteen minutes.

(3) The oxygen supply for protective breathing equipment may

be provided by the required supplemental oxygen system.

(4) The protective breathing equipment intended for flight crew

use shall be conveniently located on the cockpit and be easily
accessible for immediate use by each required flight crewmember at
their assigned duty station.

(5) The protective breathing equipment intended for cabin crew

use shall be installed adjacent to each required cabin crewmember duty
station.

(6) Easily accessible portable protective breathing equipment shall

be provided and located at or adjacent to the required hand fire
extinguishers except that, where the fire extinguisher is located inside a
cargo compartment, the protective breathing equipment shall be
stowedoutside but adjacent to the entrance to that compartment.

(7) The protective breathing equipment shall not while in use

prevent required communication.

62. (1) An Aeroplane shall be equipped with portable battery Megaphones:

Aeroplane.
powered megaphones readily accessible to the crew members assigned
to direct emergency evacuation.

(2) The number and location of megaphones required by sub-

regulation (1) shall be determined as follows—

(a) on Aeroplanes with a seating capacity of more than sixty

and less than one hundred passengers, one megaphone shall
be located at the most rearward location in the passenger
cabin where it would be readily accessible to a normal
flight attendant seat; and
 Kenya Subsidiary Legislation, 2018 1299

(b) on Aeroplanes with a seating capacity of more than ninety-

nine passengers, two megaphones in the passenger cabin
with one installed at the forward end and the other at the
most rearward location where it would be readily accessible
to a normal flight attendant seat.

(3) For Aeroplanes with more than one passenger cockpit in all
cases where the total passenger seating configurations is more than
sixty, at least one megaphone is required.

63. A Helicopter with a total maximum approved passenger- Megaphones:

Helicopters.
seating configuration of more than nineteen shall be equipped with
portable battery powered megaphones readily available for use by
crewmembers during emergency evacuation.

64. (1) All aircraft shall carry one life jacket or equivalent Individual floatation
devices.
individual flotation device for each person on board.

(2) The life jackets or equivalent individual flotation devices

referred to in sub-regulation (1) shall be stowed in a position easily
accessible from the seat or berth of the person for whose use it is
provided. Each life jacket and equivalent individual flotation device,
when carried in accordance with sub regulation 1 shall be equipped
with a means of electric illumination for the purpose of facilitating the
location of persons, except where the requirement of sub regulation 1 is
met by the provision of individual flotation devices other than life
jackets.

(3) Equipment for making the pyrotechnical distress signals

described in the Civil Aviation (Rules of the Air) Regulations.

65. (1) An operator shall not operate an aeroplane at a distance Life rafts;
Aeroplanes.
away from land, which is suitable for making an emergency landing,
greater than that corresponding to—

(a) one hundred and twenty minutes at cruising speed or four

hundred nautical miles, whichever is the lesser, for
aeroplane capable of continuing the flight to an aerodrome
with the critical power unit becoming inoperative at any
point along the route or planned diversions; or

(b) thirty minutes at cruising speed or one hundred nautical

miles, whichever is the lesser, for all other aeroplanes,
without having on the aeroplane enough life rafts with rated
capacities and buoyancy to accommodate the occupants of
the aeroplane.

(2) Unless excess rafts of enough capacity are provided, the

buoyancy and seating capacity of the rafts referred in sub regulation (1)
shall accommodate all occupants of the aeroplane in the event of a loss
of one raft of the largest rated capacity.
 1300
1300 Kenya Subsidiary Legislation, 2018

(3) The life rafts to be provided under this regulation shall be

stowed so as to facilitate readily use in emergency and be equipped
with—

(a) a survivor locator light;

(b) a survival kit;

(c) life lines, and means of attaching one life raft with another;

(d) means of protecting the occupants from the elements;

(e) marine-type pyrotechnic signalling devices;

(f) a waterproof torch;

(g) means of making sea water drinkable, unless the full

quantity of freshwater is carried as specified;

(h) two survival beacon radio apparatus for every eight life
rafts, and an additional survival beacon radio apparatus for
every additional fourteen or proportion of fourteen life
rafts.

(4) The life rafts referred in sub regulation (1) which are not
deployable by remote control and which have a mass of more than 40
kg shall be equipped with some means of mechanically assisted
deployment.

(5) All seaplanes and amphibian aeroplane shall be equipped with

life rafts.

66. (1) All helicopters for which the individual certificate of Life raft :Helicopter
airworthiness was first issued on or after the 1st January, 1991, at least
50 per cent of the life rafts carried should be deployable by remote
control.

(2) Rafts which are not deployable by remote control and which
have a mass of more than 40 kg should be equipped with some means
of mechanically assisted deployment.

67. An Operator shall not operate a Helicopter for any operations Life jackets:
Helicopters
on water or flight over water when operating performance—

(a) Class 3 beyond auto rotational distance from land;

(b) Class 1 or 2 at a distance from land corresponding to more

than 10 minutes flying time at normal cruise speed; or

(c) Class 2 or 3 when taking off or landing at a heliport where

the take-off or approach path is over water,
 Kenya Subsidiary Legislation, 2018 1301

unless it is equipped with life jackets equipped with a survivor

locator light, for each person on board stowed in an easily accessible
position, from the seat or berth of the person for whose use it is
provided and an individual infant flotation device, equipped with a
survivor locator light, for use by each infant on board.

68. An Operator shall not fly a Helicopter over water at a Flotation devices for
Helicopter ditching.
distance from land corresponding to more than ten minutes at normal
cruise speed in the case of performance Class 1 or 2 Helicopters, or
flying over water beyond auto-rotational or safe forced landing distance
from land in the case of performance Class 3 Helicopters, unless the
Helicopter is equipped with a permanent or rapidly deployable means
of flotation so as to ensure safe ditching of the Helicopter.

PART VIII— MISCELLANEOUS SYSTEMS AND EQUIPMENT

69. (1) An Operator shall not operate a passenger carrying Seats, safety belts
and shoulder
Aeroplane unless it is equipped with the following seats, safety belts harnesses.
and shoulder harnesses that meet the airworthiness requirements for
type certification of that Aeroplane—

(a) a seat or berth with safety belt for each person on board
over the age of two years;

(b) a supplementary loop belt or another restraint device for

each infant;

(c) a berth designed to be occupied by two persons, such as a

multiple lounge or divan seat, shall be equipped with an
approved safety belt for use by two occupants during en
route flight only;

(d) a safety harness, which includes shoulder straps and a

safety belt which may be used independently, for each
flight crew seat;

(e) a safety harness for each pilot seat which shall incorporate
a device which shall automatically restrain the occupant’s
torso in the event of rapid deceleration;

(f) seat in the passenger compartment for each cabin

crewmember; and

(g) adequate seating and restraints shall be provided for the

occupants, taking account of the likely flight and
emergency landing loads to be encountered. Attention shall
be paid to minimizing injury to occupants due to contact
with surrounding structure during the operation of the
Aeroplane.

(2) Aeroplanes or Helicopters shall be equipped with a forward or

rearward facing (within 15 degrees of the longitudinal axis of the
 1302
1302 Kenya Subsidiary Legislation, 2018

Aeroplane) seat, fitted with a safety harness for the use of each cabin
crewmember required to satisfy the emergency evacuation requirement.

(3) The safety harness referred to in sub regulation (1) for each
pilot seat shall incorporate a device to prevent a suddenly incapacitated
pilot from interfering with the flight controls.

(4) In the case of an Aeroplane carrying out erect spinning, the

Authority may permit a safety belt with one diagonal shoulder harness
strap to be fitted if the Authority determines that such restraint is
sufficient for carrying out erect spinning in that Aeroplane, and that it is
not reasonably practicable to fit a safety harness in that Aeroplane.

(5) All Aeroplane and Helicopter shall be equipped with a

forward or rearward facing (within 15 degrees of the longitudinal axis
of the Aeroplane) seat, fitted with a safety harness for the use of each
cabin crew member required to satisfy the intent of these Regulations in
respect of emergency evacuation.

(6) Cabin crew seats provided in accordance with these

Regulations shall be located near floor level and other emergency exits
as required by the Authority for emergency evacuation.

70. (1) Aeroplanes which is equipped with a flight crew Passenger and pilot
compartment doors.
compartment door, this door shall be capable of being locked, and
means shall be provided by which cabin crew can discreetly notify the
flight crew in the event of suspicious activity or security breaches in the
cabin.

(2) A passenger-carrying Aeroplane of a maximum certificated

take-off mass in excess of 45 500 kg or with a passenger seating
capacity greater than 60 shall be equipped with an approved flight crew
compartment door that is designed to resist penetration by small arms
fire and grenade shrapnel, and to resist forcible intrusions by
unauthorized persons. This door shall be capable of being locked and
unlocked from either pilot’s station.

(3) In an Aeroplane which is equipped with a flight crew

compartment door in accordance with sub regulation 2—

(a) this door shall be closed and locked from the time all
external doors are closed following embarkation until any
such door is opened for disembarkation, except when
necessary to permit access and egress by authorized
persons; and

(b) means shall be provided for monitoring from either pilot’s

station the entire door area outside the flight crew
compartment to identify persons requesting entry and to
detect suspicious behavior or potential threat.

71. (1) An Aeroplane shall be equipped with a means of ensuring Passenger

information signs.
 Kenya Subsidiary Legislation, 2018 1303

that the following information and instructions are conveyed to

passengers—

(a) when seat belts are to be fastened;

(b) when and how oxygen equipment is to be used if the

carriage of oxygen is required;

(c) restrictions on smoking;

(d) location and use of life jackets or equivalent individual

flotation devices where their carriage is required; and

(e) location and method of opening emergency exits;

(2) An Aeroplane shall have a sign or placard affixed to each

forward bulkhead and each passenger seat back that reads “FASTEN
SEAT BELT WHILE SEATED.” and “ FUNGA MKANDA WAKATI
UMEKETI” or approved symbols depicting the same.

(3) An Operator shall ensure that an Aeroplane is equipped with a

means of ensuring that the information and instructions are conveyed to
passengers on location and use of life jackets or equivalent individual
flotation devices where their carriage is required; and

(4) An Operator shall ensure that an Aeroplane equipped with a

means of ensuring that the information and instructions are conveyed to
passengers on location and method of opening emergency exits;

72. An Operator shall not operate a passenger carrying Aeroplane Public address
system.
with a maximum approved passenger seating configuration of more
than nineteen unless a public address system is installed that—

(a) operates independently of the interphone systems except

for handsets, headsets, microphones, selector switches and
signalling devices;

(b) for each required floor level passenger emergency exit

which has an adjacent cabin crew seat, has a microphone
which is readily accessible to the seated cabin
crewmember, except that one microphone may serve more
than one exit, provided the proximity of the exits allows
unassisted verbal communication between seated cabin
crewmembers;

(c) is capable of operation within ten seconds by a cabin

crewmember at each of those stations in the compartment
from which its use is accessible; and

(d) is audible and intelligible at all passenger seats, toilets, and

cabin crew seats and workstations
 1304
1304 Kenya Subsidiary Legislation, 2018

73. An Operator shall not operate an Aeroplane unless the seat Materials for cabin
interiors.
cushions in any compartment occupied by crew or passengers other
than those on flight crewmember seatmeet requirements pertaining to
fire protection as specified by the Authority.

74. (1) An Operator shall not operate a passenger carrying Materials for cargo
and baggage
Aeroplane unless, each Class C cargo compartment greater than 200 compartments.
cubic feet in volume in a transport category has ceiling and sidewall
liner panels which are constructed of—

(a) glass fibre reinforced resin; or

(b) materials which meet the test requirements for flame

resistance of cargo compartment liners as prescribed for
type certification.

(2) The term "liner" in sub regulation (1) (b) includes any design
feature, such as a joint or fastener, which would affect the capability of
the liner to safely contain fire.

(3) A Class C cargo or baggage compartment is one in which—

(a) there is a separate approved smoke detector or fire detector

system to give warning at the pilot or flight engineer
station; there is an approved built-in fire extinguishing or
suppression system controllable from the cockpit;

(b) there is means to exclude hazardous quantities of smoke,

flames, or extinguishing agent, from any compartment
occupied by the crew or passengers; and

(c) there are means to control ventilation and drafts within the
compartment so that the extinguishing agent used can
control any fire that may start within the compartment.

75. (1) An Operator shall not operate an Aeroplane unless it is Power supply,
distribution, and
equipped with an electrical power supply and distribution system that— indication system.

(a) meets the airworthiness requirements for certification of a

commercial air transport Aeroplane, as specified by the
Authority; or

(b) is able to produce and distribute the load for the required
instruments and equipment, with use of an external power
supply if any one electrical power source or component of
the power distribution system fails, and a means for
indicating the adequacy of the electrical power being
supplied to required flight instruments.

(2) Engine-driven sources of energy when used shall be on

separate engines.
 Kenya Subsidiary Legislation, 2018 1305

76. (1) An Operator shall not operate an Aeroplane in which Protective circuit
fuses.
protective circuit fuses are installed, unless there are spare protective
circuit fuses available for use in flight equal to at least ten percent of
the number of fuses of each rating or three of each rating whichever is
the greater.

(2) An Aeroplaneshall be fitted with fuses that are accessible in

flight, spare electrical fuses of appropriate ratings for replacement of
those fuses.

77. (1) An Aeroplane of a maximum certificated take-off mass of Emergency power

supply.
over 5 700 kg newly introduced into service after the 1st January 1975
shall be fitted with an emergency power supply, independent of the
main electrical generating system, for the purpose of operating and
illuminating, for a minimum period of 30 minutes, an attitude
indicating instrument (artificial horizon), clearly visible to the pilot-in-
command.

(2) Subject to sub regulation (1), the emergency power supply

shall be automatically operative after the total failure of the main
electrical generating system and clear indication shall be given on the
instrument panel that the attitude indicators is being operated by
emergency power.

78. An Aeroplane or Helicopter shall be equipped with suitable Operation of

Aeroplanes or
de-icing or anti-icing devices when operated in circumstances in which Helicopters in icing
conditions are reported to exist or are expected to be encountered. conditions.

79. (1) An Operator shall not operate an Aeroplane in expected or Icing detection.
actual icing conditions at night unless it is equipped with a means to
illuminate or detect the formation of ice.

(2) Any illumination that is used on an Aeroplane shall be of a

type that shall not cause glare or reflection that would handicap
crewmembers in the performance of their duties.

80. An Operator shall not operate an Aeroplane equipped with a Pilot indication
systems.
flight instrument pilot heating system unless the Aeroplane is also
equipped with an operable pilot heat indication system that complies
with the following requirements—

(a) the indication provided shall incorporate an amber light that

is in clear view of a flight crewmember; and

(b) the indication provided shall be designed to alert the flight

crew if either the pilot heating system is switched off, or
the pilot heating system is switched on and any pilot tube
heating element is inoperative.

81. An Operator shall not operate an Aeroplane in accordance Static pressure

system.
with instrument flight rules or by night unless the Aeroplane is
equipped with two independent static pressure systems, except that for
 1306
1306 Kenya Subsidiary Legislation, 2018

Propeller -driven Aeroplanes with maximum certificated take-off mass

of 5,700 kg or less, one static pressure system and one alternate source
of static pressure is allowed.

82. An Operator shall not operate an Aeroplane with a maximum Windshield wipers.
certificated take off mass of over 5,700 kg, unless it is equipped at each
pilot station with a windshield wiper or equivalent means to maintain a
clear portion of the windshield during precipitation.

83. An Operator shall not operate an Aeroplane in accordance Chart holder.

with instrument flight rules or by night unless the Aeroplane is
equipped with a chart holder installed in an easily readable position
which can be illuminated for night operations.

84. An Aeroplane intended to be operated above 15 000 meters Cosmic radiation

detection equipment.
(49 000 ft) shall carry equipment to measure and indicate continuously
the dose rate of total cosmic radiation being received (i.e. the total of
ionizing and neutron radiation of galactic and solar origin) and the
cumulative dose on each flight and the display unit of the equipment
shall be readily visible to a Flight Crew Member.

85. An Operator shall not operate a seaplane or an amphibian Seaplanes and

amphibians:
Aeroplane on water unless it is equipped with— miscellaneous
equipment.
(a) a sea anchor and other equipment necessary to facilitate
mooring, anchoring or manoeuvring the Aeroplane on
water, appropriate to its size, weight and handling
characteristics; and

(b) equipment for making the sound signals prescribed in the

International Regulations for Preventing Collisions at Sea,
where applicable and one sea anchor (drogue).

86. Aeroplanes of a maximum certificated take-off mass in Least-risk bomb

location
excess of 45 500 kg or with a passenger seating capacity greater than
60, a least-risk location on the Aeroplane shall be identified where a
bomb or other explosive device may be placed to minimize the effects
on the Aeroplane in the case of detonation.

87. (1) Markings and placards on instruments, equipment, Marking and

Placards
controls, etc., shall include such limitations or information as necessary
for the direct attention of the flight crew during flight.

(2) Markings and placards or instructions shall be provided to

give any information that is essential to the ground crew in order to
preclude the possibility of mistakes in ground servicing (e.g. towing,
refuelling) that could pass unnoticed and that could jeopardize the
safety of the Aeroplane in subsequent flights.

88. (1) Where portable EFBs are used on board an Aeroplane, the Electronic Flight
Bags.
operator shall ensure that they do not affect the performance of the
Aeroplane systems, equipment or the ability to operate the Aeroplane.
 Kenya Subsidiary Legislation, 2018 1307

(2) Where EFBs are used on board an Aeroplane the operator

shall—

(a) assess the safety risk associated with each EFB function;

(b) establish and document the procedures for the use of, and
training requirements for, the device and each EFB
function; and

(c) ensure that, in the event of an EFB failure, sufficient

information is readily available to the flight crew for the
flight to be conducted safely.

(3) The Authority shall approve the operational use of EFB

functions to be used for the safe operation of Aeroplanes.

(4) In approving the use of EFBs, the operator shall ensure that—

(a) the EFB equipment and its associated installation hardware,

including interaction with Aeroplane systems if applicable,
meet the appropriate airworthiness certification
requirements;

(b) the operator has assessed the safety risks associated with
the operations supported by the EFB functions;

(c) the operator has established requirements for redundancy of

the information (if appropriate) contained in and displayed
by the EFB functions;

(d) the operator has established and documented procedures for

the management of the EFB function(s) including any
database it may use; and

(e) the operator has established and documented the

procedures for the use of, and training requirements for, the
EFB and the EFB functions.

89. (1) An aeroplane shall be provided with surveillance Surveillance

Equipment.
equipment which will enable it to operate in accordance with the
requirements of air traffic services.

(2) An aeroplane shall be provided with surveillance equipment

which will enable it to operate in accordance with the requirements of
air traffic services.(2) For operations where surveillance equipment is
required to meet an RSP specification for performance-based
surveillance (PBS), an aeroplane shall, in addition to the requirements
specified in in sub regulation 1 above—

(a) be provided with surveillance equipment which will enable

it to operate in accordance with the prescribed RSP
 1308
1308 Kenya Subsidiary Legislation, 2018

specifications;

(b) have information relevant to the aeroplane RSP

specification capabilities listed in the flight manual or other
aeroplane documentation approved by the State of Design
or State of Registry; and

(c) have information relevant to the aeroplane RSP

specification capabilities included in the MEL.

(3) The State of the Operator shall, for operations where an RSP
specification for PBS has been prescribed, ensure that the operator has
established and documented—

(a) normal and abnormal procedures, including contingency

procedures;

(b) flight crew qualification and proficiency requirements, in

accordance with appropriate RSP specifications;

(c) a training programme for relevant personnel consistent with

the intended operations; and

(d) appropriate maintenance procedures to ensure continued

airworthiness, in accordance with appropriate RSP
specifications.

(4) The Authority shall ensure that, in respect of those aeroplanes

mentioned in sub regulation 2, adequate provisions exist for—

(a) receiving the reports of observed surveillance performance

issued by monitoring programmes established in
accordance with the Civil Aviation (Air Traffic Services)
Regulations; and

(b) taking immediate corrective action for individual aircraft,

aircraft types or operators, identified in such reports as not
complying with the RSP specifications.

90. Equipment installation shall be such that the failure of any Installation.
single unit required for communication, navigation or surveillance
purposes or any combination thereof will not result lt in the failure of
another unit required for communication, navigation or surveillance
purposes.

91. (1) All aeroplanes of a maximum certificated take-off mass of Location of an

Aeroplane in
over 27 000 kg for which the individual certificate of airworthiness is Distress.
first issued on or after 1 January 2021, shall autonomously transmit
information from which a position can be determined by the operator at
least once every minute, when in distress.

(2) All aeroplanes of a maximum certificated take-off mass of

 Kenya Subsidiary Legislation, 2018 1309

over 27 000 kg for which the individual certificate of airworthiness is

first issued on or after 1 January 2021, shall autonomously transmit
information from which a position can be determined by the operator at
least once every minute, when in distress.

(3) The operator shall make position information of a flight in

distress available to the appropriate organizations, as established by the
Authority

(4) An aeroplane in distress shall automatically activate the

transmission of information from which its position can be determined
by the operator and the position information shall contain a time stamp
and that it shall be possible for this transmission to be activated
manually and the system used for the autonomous transmission of
position information shall be capable of transmitting that information in
the event of aircraft electrical power loss, at least for the expected
duration of the entire flight.

(5) An aircraft is in a distress condition when it is in a state that,

if the aircraft behaviour event is left uncorrected, can result in an
accident an an autonomous transmission of position information shall
be active when an aircraft is in a distress condition to provide a high
probability of locating an accident site to within a 6 NM radius since
the operator shall be alerted when an aircraft is in a distress condition
with an acceptable low rate of false alerts and in case of a triggered
transmission system, initial transmission of position information shall
commence immediately or no later than five seconds after the detection
of the activation event.

(6) When an aircraft operator or an air traffic service unit

(ATSU) has reason to believe that an aircraft is in distress, coordination
shall be established between the ATSU and the aircraft operator.

(7) The State of the Operator shall identify the organizations that
will require the position information of an aircraft in an emergency
phase. These shall include, as a minimum—

(a) air traffic service unit(s) (ATSU); and

(b) SAR rescue coordination centre(s) (RCC) and sub-centres.

(8) When autonomous transmission of position information has

been activated, it shall only be able to be deactivated using the same
mechanism that activated it.

(9) The accuracy of position information shall, as a minimum,

meet the position accuracy requirements established for ELTs.

PART IX—EXEMPTIONS

92. (1) An Operator may apply to the Authority for an exemption Requirements for
Application.
from any of regulation herein.
 1310
1310 Kenya Subsidiary Legislation, 2018

(2) An application for an exemption shall be submitted not less

than sixty days before the date on which the time to obtain the review
becomes due.

(3) A request for an exemption shall contain the applicant’s—

(a) name;

(b) physical address and mailing address;

(c) telephone number;

(d) fax number if available; and

(e) email address if available.

(4) The application shall be accompanied by a fee specified by

the Authority, for technical evaluation.

93. (1) An application for an exemption must contain the Substance of the
request for
following— exemption.

(a) a citation of the specific requirement from which the

applicant seeks exemption;

(b) an explanation of why the exemption is needed;

(c) a description of the type of operations to be conducted

under the proposed exemption;

(d) the proposed duration of the exemption;

(e) an explanation of how the exemption would be in the

public interest, that is, benefit the public as a whole;

(f) a detailed description of the alternative means by which the

applicant will ensure a level of safety equivalent to that
established by the regulation in question;

(g) a review and discussion of any known safety concerns with

the requirement, including information about any relevant
accidents or incidents of which the applicant is aware; and

(h) if an applicant seeks to operate under the proposed

exemption outside of the Kenya’s airspace, an indication
whether the exemption would contravene any provision of
the Standards and Recommended Practices of the (ICAO)
as well as the Regulations pertaining to the airspace in
which the operation will occur.

(2) An applicant seeking emergency processing, the application

 Kenya Subsidiary Legislation, 2018 1311

shall contain supporting facts and reasons to the effect that the
application was not timely filed, and the reasons it is an emergency.

(3) The Authority may refuse an application if the Authority finds

that the applicant has not justified the failure to apply for an
exemption in timely manner.

94. (1) The Authority shall review the application for accuracy Initial review by the
Authority.
and compliance with the requirements of regulations 89 and 90.

(2) If the application appears on its face to satisfy the provisions

of this Regulation and the Authority determines that a review of its
merits is justified, the Authority will publish a detailed summary of the
application in either Government Gazette, aeronautical information
circular or at least one of the local daily newspaper for comment and
specify the date by which comments must be received by the Authority
for consideration.

(3) Where the filing requirements of regulations 89 and 90 have

not been met, the Authority will notify the applicant and take no further
action until and unless the applicant corrects the application and re-files
it in accordance with these Regulations.

(4) If the request is for emergency relief, the Authority shall

publish the application or the Authority’s decision as soon as possible
after processing the application.

95. (1) After initial review, if the filing requirements have been Evaluation of the
request.
satisfied, the Authority shall conduct an evaluation of the request so as
to include—

(a) determination of whether an exemption would be in the

public interest;

(b) a determination, after a technical evaluation of whether the

applicant’s proposal would provide a level of safety
equivalent to that established by the regulation, although
where the Authority decides that a technical evaluation of
the request would impose a significant burden on the
Authority’s technical resources, the Authority may deny the
exemption on that basis;

(c) a determination of whether a grant of the exemption would

contravene the applicable Authority ICAO Standards and
Recommended Practices; and

(d) a recommendation based on the preceding elements, of

whether the request should be granted or denied, and of any
conditions or limitations that should be part of the
exemption.
 1312
1312 Kenya Subsidiary Legislation, 2018

(2) The Authority shall notify the applicant by letter and publish
a detailed summary of its evaluation and decision to grant or deny the
request.

(3) The summary referred to in sub regulation (2) shall specify

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

(4) If the exemption affects a significant population of the

aviation community in Kenya, the Authority shall publish the summary
in aeronautical information circular.

PART X—GENERAL PROVISIONS

96. (1) The Authority may, in the public interest, suspend Suspension,
revocation of
provisionally pending further investigation or re-examine the original approval.
certification basis of any approval, exemption or such other document
issued or granted under these Regulations.

(2) The Authority may, upon the completion of an investigation

and in the public interest, revoke, suspend, or vary any approval,
exemption or such other document issued or granted under these
Regulations.

(3) The Authority may, in the public interest, prevent any person
or Aeroplane from flying.

(4) A holder or any person having the possession or custody of

any approval, exemption or such other documents which has been
revoked, suspended or varied under these Regulations shall surrender it
to the Authority within a reasonable time after being required to do so
by the Authority.

(5) The breach of any condition subject to which any approval,

exemption or any such other document, other than a licence issued in
respect of an Aerodrome, has been granted or issued under these
Regulations shall render the document invalid during the continuance
of the breach.

97. (1) An Operator shall not— Use and retention of

records.

(a) use any approval, exemption or such other document issued

or required by or under these Regulations which has been
forged, altered, revoked, or suspended, or to which he is not
entitled;

(b) forge or alter an approval, exemption or other document

issued or required by or under these Regulations;

(c) lend any approval, exemption or such other document

issued or required by or under these Regulations to any
other person; or
 Kenya Subsidiary Legislation, 2018 1313

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

for himself or any other person the grant issue renewal or
variation of any such approval, or exemption.

(2) During the period for which it is required under these

Regulations to be preserved, no person shall mutilate, alter, render
illegible or destroy any records required by or under these Regulations
to be maintained, or knowingly make, or procure or assist in the
making of, any false entry in any record, or wilfully omit to make a
material entry in record.

(3) All entries in records required to be maintained by or under

these Regulations shall be made in a permanent and indelible material.

(4) An Operator shall not purport to issue any approvals,

authorisations or exemptions under these Regulations unless he is
authorised by the Authority to do so.

(5) An Operator shall not issue any approval, authorisation or

exemption of the kind referred to in sub-regulation (4) unless he has
satisfied himself that all statements in the certificate are correct, and
that the applicant is qualified to hold that certificate.

98. (1) Any person who knows of a violation of the Act, or any Reports of violation.
rule, regulation, or order issued there under, shall report it to the
Authority.

(2) The Authority will determine the nature and type of any
additional investigation or enforcement action that need be taken.

99. (1) The Authority shall take enforcement action on any Enforcement of
directions.
regulated entity that fails to comply with the provisions of these
Regulations.

(2) Inspectors of the Authority holding valid delegations shall

take necessary action to preserve safety where an undesirable condition
has been detected.

(3) The actionsreferred to in sub regulation (2) may include—

(a) in the case of a regulated entity, imposition of operating

restrictions until such a time that the existing undesirable
condition has been resolved;

(b) in the case of a licensed personnel, require that the

individual does not exercise the privileges of the license
until such a time that the undesirable condition has been
resolved.

(4) In carrying out the enforcement actions pursuant to the

provisions of sub regulation (2), the inspectors of the Authority shall
 1314
1314 Kenya Subsidiary Legislation, 2018

invoke the powers with due care and act in good faith in the interest of
preserving safety.

100. (1) The Authority may notify the fees to be charged in Aeronautical user
fees.
connection with the issue, validation, renewal, extension or variation of
any certificate, licence or other document, including the issue of a copy
thereof, or the undergoing of any examination, test, Inspection or
investigation or the grant of any permission or approval, required by, or
for the purpose of these Regulations any orders, notices or
proclamations made thereunder.

(2) Upon application being made in connection with which a fee

is chargeable in accordance with the provisions of sub-regulation (1),
the applicant shall be required, before the application is entertained, to
pay the fee so chargeable.

(3) If, after that payment has been made, the application is
withdrawn by the applicant or otherwise ceases to have effect or is
refused, the Authority shall not refund the payment made.

101. Except where the context otherwise requires, the provisions Application of
regulations to
of these Regulations shall— Government and
visiting forces, etc.

(a) in so far as they apply, whether by express reference or

otherwise, to Aeroplane registered in Kenya, apply to such
Aeroplane wherever they may be;

(b) in so far as they apply, whether by express reference or

otherwise, to other Aeroplane, apply to such Aeroplane
when they are within the Kenya;

(c) in so far as they prohibit, require or regulate, whether by

express reference or otherwise, the doing of anything by
any person in, or by any of the crew of, any Aeroplane
registered in Kenya, shall apply to such persons and crew,
wherever they may be; and

(d) in so far as they prohibit, require or regulate, whether by

express reference or otherwise, the doing of anything in
relation to any Aeroplane registered in Kenya by other
persons shall, where such persons are citizens of the Kenya,
apply to them wherever they may be.

102. (1) These Regulations shall apply to Aeroplane, not being Extra-territorial
application of
military. Aeroplane, belonging to or exclusively employed in the Regulations.
service of the Government, and for the purposes of such application,
the Department or other authority for the time being responsible for
management of the Aeroplane shall be deemed to be the operator of the
Aeroplane, and in the case of an Aeroplane belonging to the
Government, to be the owner of the interest of the Government in the
Aeroplane.
 Kenya Subsidiary Legislation, 2018 1315

(2) Except as otherwise expressly provided, the naval, military

and air force authorities and member of any visiting force and property
held or used for the purpose of such a force shall be exempt from the
provision of these regulations to the same extent as if the visiting force
formed part of the military force of the Kenya.

PART XI—OFFENCES AND PENALTIES

103. An Operator who contravenes any provision of these Contravention of

Regulations.
Regulations may have his licence, certificate, approval, authorisation,
exemption or such other document revoked or suspended.

104. (1) An Operator who contravenes any provision of these Penalties.

Regulations, orders, notices or proclamations made there under in
relation to an Aeroplane, the operator of that Aeroplane and the pilot-
in-command, if the operator or, the pilot in command is not the person
who contravened that provision he shall, without prejudice to the
liability of any other person under these Regulations for that
contravention, be deemed for the purposes of the following provisions
of this regulation to have contravened that provision unless he proves
that the contravention occurred without his consent or connivance and
that he exercised all due diligence to prevent the contravention.

(2) If it is proved that an act or omission of any person, which

would otherwise have been a contravention by that person of a
provision of these Regulations, orders, notices or proclamations made
there under was due to any cause not avoidable by the exercise of
reasonable care by that person, the act or omission shall be deemed not
to be a contravention by that person of that provision.

(3) Where an Operator is charged with contravening a provision

of these Regulations, Orders, notices or proclamations made there
under by reason of his having been a member of the flight crew of an
Aeroplane on a flight for the purpose of commercial air transport
operations, the flight shall be treated, without prejudice to the liability
of any other person under these Regulations, as not having been for that
purpose if he proves that he neither knew nor had reason to know that
the flight was for that purpose.

(4) An Operator who contravenes any provision of these

Regulations, orders, notices or proclamations made thereunder not
being a provision referred to in sub-regulation (11) shall, upon
conviction, be liable to a fine, and in the case of a continuing
contravention, each day of the contravention shall constitute a separate
offence.

(5) In case an Aeroplane is involved in a contravention and the

contravention is by the owner or operator of the Aeroplane, the
Aeroplane shall be subject to a lien for the penalty.

(6) Any Aeroplane subject to alien for the purpose of sub-

 1316
1316 Kenya Subsidiary Legislation, 2018

regulation (5) may be seized by and placed in the custody of the

Authority;

(7) The Aeroplane shall be released from custody of the

Authority upon—

(a) payment of the penalty or the amount agreed upon in

compromise;

(b) deposit of a bond in such amount as the Authority may

prescribe, conditioned upon payment of the penalty or the
amount agreed upon in compromise;

(c) receiving an order of the court to that effect.

(8) An Operator who contravenes any provision specified as an

“A” provision in the Third Schedule to these Regulations commits an
offence and is liable on conviction to a fine not exceeding one million
shillings for each offence or to imprisonment for a term not exceeding
one year or to both.

(9) The Authority and any person specifically authorised by name

by him or any police officer not below the rank of inspector specifically
authorised by name by the Minister, may compound offences under
Part A of the Third Schedule to these Regulations by assessing the
contravention and requiring the person reasonably suspected of having
committed the offence to pay to the Authority a sum equivalent in
Kenya shillings of one hundred United States dollars and three hundred
United States dollars for provisions referred to in sub-part (i) and sub-
part (ii) respectively Part A of the Third Schedule to these Regulations.

(10) Where any person is aggrieved by any order made under sub
regulation (9), he may, within twenty-one days of such order being
made, appeal against the order to the High Court and the provisions of
the Criminal Procedure Act shall apply mutatis mutandis, to every such
appeal as if it were an appeal against a sentence passed by a district
court in the exercise of its original jurisdiction.

(11) An operator who contravenes any provision specified as a

“B” provision in the Third Schedule to these Regulations commits an
offence and is liable on conviction to a fine not exceeding two million
shillings for each offence or to imprisonment for a term not exceeding
three years or to both.

(12) An operator who contravenes any provision of these

Regulations not being a provision referred to in the Third Schedule to
these Regulations commits an offence and is liable on conviction to a
fine not exceeding two million shillings, and in the case of a second or
subsequent conviction for the like offence to a fine not exceeding four
million shillings.

105. (1) A license, certificate, approval or any other document Transition

provisions.
 Kenya Subsidiary Legislation, 2018 1317

issued to a person or operator prior to the commencement of these

Regulations shall continue in force as if it was issued under these
Regulations until it expires, varied or cancelled by the Authority.

(2) Notwithstanding any other provision of these Regulations, a

person who at the commencement of these Regulations, is carrying out
any acts, duties or operations affected by these Regulations shall,
within one (1) year from the date of commencement, or within such
longer time that the Cabinet Secretary may, by notice in the Gazette
prescribe, comply with the requirements of these Regulations or cease
to carry out such acts, duties or operations.

106. The Civil Aviation (Instruments and Equipment’s) Revocation of

L.N 75/ 2013.
Regulations, 2013 are revoked.

FIRST SCHEDULE
(rr. 33(6),34(3),35(3),39(3)(c), 40(1),42, 43(1)&(2))
FLIGHT DATA RECORDER – INFORMATION TO BE RECORDED
The material in this Schedule concerns flight recorders intended for installation in
aeroplanes engaged in international air navigation. Crash protected flight recorders
comprise one or more of the following systems: a flight data recorder, a cockpit voice
recorder, an airborne image recorder or a data link recorder. Lightweight flight recorders
comprise one or more of the following systems: an aircraft data recording system, a cock
pit audio recording system, an airborne image recording system(AIRS) and/or a data link
recording system. Image and data link information may be recorded on either the CARS
or the ADRS.
Specifications applicable to lightweight flight recorders may be found in EUROCAE ED-
155, Minimum, Operational Performance Specification (MOPS), or equivalent
documents.
GENERAL REQUIREMENTS
1.1Non-deployable flight recorder containers shall—
(a) be painted a distinctive orange or yellow colour;
(b) Carry reflective material to facilitate their location; and
(c) Have securely attached an automatically activated underwater locating device
operating at a frequency of 37.5kHz.
At the earliest practicable date, but not later than 1 January 2018, this device shall operate
for a minimum of 90 days.
Note.—
Currentindustrypracticeistophaseoutyellowflightrecordercontainersattheendoftheservicel
ifeofthe flight recorder.
1.2 Automatic deployable flight recorder containers shall—
(a) Be painted a distinctive orange colour, however the surface visible from
outside the aircraft maybe of another colour;
(b) carry reflective material to facilitate their location; and
 1318
1318 Kenya Subsidiary Legislation, 2018

(c) have an integrated automatically activated ELT.

1.3 The flight recorder systems shall be installed so that—
(a) the probability of damage to the recordings is minimized;
(b) they receive electrical power from a bus that provides the maximum
reliability for operation of the flight recorder systems without jeopardizing
service to essential or emergency loads;
(c) there is an aural or visual means for pre-flight checking that the flight
recorder systems are operating properly; and
(d) if the flight recorder systems have a bulk erasure device, the installation shall
be designed to prevent operation of the device during flight time or crash
impact.
1.4 The flight recorder systems, when tested by methods approved by the appropriate
certificating authority, shall be demonstrated to be suitable for the environmental
extremes over which they a redesigned to operate.
1.5 Means shall be provided for an accurate time correlation between the flight
recorder systems recordings.
1.6 The manufacturer shall provide the appropriate certificating authority with the
following information in respect of the flight recording systems—
(a) manufacturer’s operating instructions, equipment limitations and installation
procedures;
(b) parameter origin or source and equations which relate counts to units of
measurement and
(c) manufacturer’s test reports.
2. FLIGHT DATARECORDER (FDR)
2.1 The flight data recorder shall start to record prior to the aeroplane moving under its
own power and record continuously until the termination of the flight when the aeroplane
is no longer capable of moving under its own power.
2.2 Parameters to be recorded
2.2.1 Flight data recorders shall be classified as Type I, Type I A, Type II and Type II
A depending upon the number of parameters to be recorded and the duration required for
retention of there corded information.
2.2.2 The parameters that satisfy the requirements for FDRs are listed in the paragraphs
below. The number of parameters to be recorded shall depend on aeroplane complexity.
The parameters without an asterisk(*)are mandatory parameters which shall be recorded
regardless of aeroplane complexity. In addition, the parameters designated by an asterisk
(*)shall be recorded if an information data source for the parameter is used by aeroplane
systems or the flight crew to operate the aeroplane. However, other parameters may be
substituted with due regard to the aeroplane type and the characteristics of the recording
equipment.
2.2.2.1 The following parameters shall satisfy the requirements for flight path and
speed—
(a) Pressure altitude
 Kenya Subsidiary Legislation, 2018 1319

(b) Indicated air speed or calibrated airspeed

(c) Air-ground status and each landing gear air-ground sensor when practicable
(d) Total or outside air temperature
(e) Heading (primary flight crew reference)
(f) Normal acceleration
(g) Lateral acceleration
(h) Longitudinal acceleration(body axis)
(i) Time or relative time count
(j) Navigation data*: drift angle, windspeed, wind direction, latitude/longitude
(k) Groundspeed*
(l) Radio altitude*
2.2.2.2The following parameters shall satisfy the requirements for attitude:
Pitch attitude—
(a) Roll attitude
(b) Yaw or sides lipangle*
(c) Angle of attack*
2.2.2.3 The following parameters shall satisfy the requirements for engine power—
(a) Engine thrust/power: propulsive thrust/power on each engine, cockpit
thrust/power lever position
(b) Thrust reverse status*
(c) Engine thrust command*
(d) Engine thrust target*
(e) Engine bleed valve position*
(f) Additional engine parameters*: EPR, N1, indicated vibration level,
N2,EGT,TLA, fuelflow, fuel cut-off lever position, N3
2.2.2.4 The following parameters shall satisfy the requirements for configuration—
(a) Pitch trim surface position
(b) Flaps*: trailing edge flap position, cockpit control selection
(c) Slats*: leading edge flap (slat) position, cockpit control selection
(d) Landing gear*:landing gear, gear selector position
(e) Yaw trim surface position*
(f) Roll trim surface position*
(g) Cockpit trim control input position pitch*
(h) Cockpit trim control input position roll*
 1320
1320 Kenya Subsidiary Legislation, 2018

(i) Cockpit trim control input position yaw*

(j) Groundspoilerandspeedbrake*:Groundspoilerposition,groundspoilerselection,
speedbrakeposition,speed brake selection
(k) De-icing and/or anti-icing systems selection*
(l) Hydraulic pressure(each system)*
(m) Fuel quantity in CG trim tank*
(n) AC electrical bus status*
(o) DC electrical bus status*
(p) APU bleed valve position*
(q) Computed centre of gravity*
2.2.2.5 The following parameters shall satisfy the requirements for operation—
(a) Warnings
(b) Primary flight control surface and primary flight control pilot input: pitch
axis, roll axis, yaw axis
(c) Marker beacon passage
(d) Each navigation receiver frequency selection
(e) Manual radio transmission keying and CVR/FDR synchronization reference
(f) Autopilot/auto throttle/AFCSmode and engagement status*
(g) Selected barometric setting*: pilot, first officer
(h) Selected altitude (all pilot selectable modes of operation)*
(i) Selected speed (all pilot selectable modes of operation)*
(j) Selected Mach (all pilot selectable modes of operation)*
(k) Selected vertical speed (all pilot selectable modes of operation)*
(l) Selected heading (all pilot selectable modes of operation)*
(m) Selected flight path (all pilot selectable modes of operation)*:
course/DSTRK, path angle
(n) Selected decision height*
(o) EFIS display format*: pilot, first officer
(p) Multi-function/engine/alerts display format*
(q) GPWS/TAWS/GCAS status*: selection of terrain display mode including
pop-up display status, terrain alerts, both cautions and warnings, and
advisories, on/off switch position
(r) Low pressure warning*: hydraulic pressure, pneumatic pressure
(s) Computer failure*
(t) Loss of cabin pressure*
(u) TCAS/ACAS(traffic alert and collision avoidance system/airborne collision
 Kenya Subsidiary Legislation, 2018 1321

avoidance system)*
(v) Ice detection*
(w) Engine warning each engine vibration*
(x) Engine warning each engine over temperature*
(y) Engine warning each engine oil pressure low*
(z) Engine warning each engine overspeed*
(aa) Winds hear warning*
(bb) Operational stall protection, stick shaker and push eractivation*
(cc) All cock pit flight control input forces*: control wheel, control column,
rudder pedal cockpit input forces
(dd) Vertical deviation*: ILS glide path, MLS elevation, GNSS approach path
(ee) Horizontal deviation*:ILS localizer, MLS azimuth, GNSS approach path
(ff) DME1and 2distances*
(gg) Primary navigation system reference*:GNSS,INS,VOR/DME,MLS, Loran
C,ILS
(hh) Brakes*: left and right brake pressure, left and right brake pedal position
(ii) Date*
(jj) Event marker*
(kk) Head up display in use*
(ll) Paravisual display on*
Note.—It is not intended that aeroplanes issued with an individual certificate of
airworthiness before the 1st January, 2016 be modified to meet the range, sampling,
accuracy or resolution guidance detailed in this Schedule.
2.2.2.6 Type IA FDR. This FDR shall be capable of recording, as appropriate to the
aeroplane, at least the78 parametersinTableA8-1.
2.2.2.7 Type IFDR. This FDR shall be capable of recording, as appropriate to the
aeroplane, at least the first 32 parametersinTableA8-1.
2.2.2.8 Types II and II AFDRs. These FDRs shall be capable of recording, as appropriate
to the aeroplane, at least the first16 parameters in Table A8-1.
2.2.2.9 The parameters that satisfy the requirements for flight path and speed as
displayed to the pilot(s) are listed below. The parameters without an(*)are mandatory
parameters which shall be recorded. In addition, the parameters designated by an (*) shall
be recorded if an information source for the parameter is displayed to the pilot and is
practicable to record:
Pressure altitude
— Indicated airspeed or calibrated airspeed
— Heading (primary flight crew reference)
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1322 Kenya Subsidiary Legislation, 2018

(a) Pitch attitude

(b) Roll attitude
(c) Engine thrust/power
(d) Landing-gear status*
(e) Total or outside air temperature*
(f) Time*
(g) Navigation data*: drift angle, windspeed,wind direction, latitude/longitude
(h) Radio altitude*
2.3 Additional information
2.3.1 A Type II A FDR, in addition to a 30-minute recording duration, shall retain
sufficient information from the preceding take-off for calibration purposes.
2.3.2 The measurement range, recording interval and accuracy of parameters on installed
equipment shall be verified by methods approved by the appropriate certificating
authority.
2.3.3Documentation concerning parameter allocation, conversion equations, periodic
calibration and other serviceability/maintenance information shall be maintained by the
operator. The documentation needs to be sufficient to ensure that accident investigation
authorities have the necessary information to read out the data in engineering units.
3. COCKPIT VOICE RECORDER (CVR) ANDCOCKPIT AUDIORECORDING
SYSTEM (CARS)
3.1 Signals to be recorded
The CVR and CARS shall start to record prior to the aeroplane moving under its own
power and record continuously until the termination of the flight when the aeroplane is no
longer capable of moving under its own power. In addition, depending on the availability
of electrical power, the CVR and CARS shall start to record as early as possible during
the cockpit checks prior to engine start at the beginning of the flight until the cock pit
checks immediately following engine shutdown at the end of the flight.
3.1.1 The CVR shall record on four separate channels, or more, at least the following—
(a) voice communication transmitted from or received in the aeroplane by radio;
(b) aural environment on the flight deck;
(c) voice communication of flight crew members on the flight deck using the
aeroplane’s interphone system, if installed;
(d) voice or audio signals identifying navigation or approach aids introduced in
the headset or speaker; and
(e) voice communication off light crew members using the passenger address
system, if installed.
3.1.2 The CARS shall record on two separate channels, or more, at least the following:
(a) voice communication transmitted from or received in the aeroplane by radio;
(b) aural environment on the flight deck; and
 Kenya Subsidiary Legislation, 2018 1323

(c) voice communication of flight crew members on the flight deck using
the aeroplane’s interphone system, if installed.
3.1.3 The CVR shall be capable of recording on at least four channels simultaneously
.On a tape-based CVR, to ensure accurate time correlation between channels, the CVR is
to record in an in-line format. If a bi-directional configuration is used, the in-line format
and channel allocation shall be retained in both directions.
Note 1.— Channel1is located closest to the base of the recording head.
Note2.—The preferred channel allocation presumes use of current conventional magnetic
tape transport mechanisms, and is specified because the outer edges of the tape have a
higher risk of damage than the middle. It is not intended to preclude use of alternative
recording media where such constraints may not apply.
4. AUTOMATIC DEPLOYABLE FLIGHTRECORDER(ADFR)
4.1 Operation
The following requirements shall apply to an ADFR—
(a) deployment shall take place when the aeroplane structure has been
significantly deformed;
(b) deployment shall take place when an aeroplane sinks in water;
(c) ADFR shall not be capable of manual deployment;
(d) the ADFR shall be able to float on water;
(e) the ADFR deployment shall not compromise the safe continuation of the
flight;
(f) the ADFR deployment shall not significantly reduce the chance of survival of
the recorder and of successful transmission by its ELT;
(g) the ADFR deployment shall not release more than one piece;
(h) an alert shall be made to the flight crew when the ADFR is no longer captive
to the aircraft;
(i) the flight crew shall have no means to disable ADFR deployment when the
aircraft is airborne;
(j) the ADFR shall contain an integrated ELT, which shall activate automatically
during the deployment sequence: such ELT maybe of atypethatis activated
in-flight and provides information from which apposition can be determined;
and
(k) theintegratedELTofanADFRshallsatisfythesamerequirementsasanELTrequire
dtobeinstalledonan aeroplane. The integrated ELT shall at least have the same
performance as the fixed ELT to maximize detection of the transmitted
signal.
Note1—Refer to the Manual on Location of Aircraft in Distress and Flight Recorder Data
Recovery (Doc 10054) for more information on ADFR.
Note2—If an integrated ELT of a type that is activated in flight is used within an ADFR,
it could be a means to comply with the requirements of Location of An Aeroplane In
Distress.
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1324 Kenya Subsidiary Legislation, 2018

5. AIRBORNE IMAGE RECORDER (AIR) AND AIRBORNE IMAGE RECORDING

SYSTEM (AIRS)
5.1 Classes
5.1.1 A Class AAIR or AIRS captures the general cockpit area inorder to provide data
supplemental to conventional flight recorders.
Note1.—To respect crew privacy, the cockpit area view may be designed as far as
practical to exclude the head and shoulders of crew members whilst seated in their
normal operating position.
Note 2.— There are no provisions for Class A AIR or AIRS in this document.
5.1.2 A Class B AIR or AIRS captures data link message displays.
5.1.3 A Class C AIR or AIRS captures instruments and control panels.
Note.—A Class C AIR or AIRS may be considered as a means for recording flight data
where it is not practical or is prohibitively expensive to record on an FDR or an ADRS,
or where an FDR is not required.
5.2 Operation
The AIR or AIRS must start to record prior to the aeroplane moving under its own power
and record continuously until the termination of the flight when the aeroplane is no
longer capable of moving under its own power. In addition, depending on the availability
of electrical power, the AIR or AIRS must start to record as early as possible during the
cockpit checks prior to engine start at the beginning of the flight until the cockpit checks
immediately following engine shut down at the end of the flight.
6. DATALINKRECORDER(DLR)
6.1 Applications to be recorded
6.1.1 Where the aircraft flight path is authorized or controlled through the use of data
link messages, all data link messages, both up links(to the aircraft)and down links(from
the aircraft), shall be recorded on the aircraft. As far as practicable, the time the messages
were displayed to the flight crew and the time of the responses shall be recorded.
Note.—Sufficient information to derive the content of the data link communications
message and the time the messages were displayed to the flight crew is needed to
determine an accurate sequence of events on board the aircraft.
6.1.2 Messages applying to the applications listed below shall be recorded. Applications
without the asterisk(*) are mandatory applications which shall be recorded regardless of
the system complexity. Applications with an (*) shall be recorded only as far as is
practicable given the architecture of the system
Data link initiation capability
(a) Controller-pilot data link communications
(b) Data link flight information services
(c) Automatic dependent surveillance — contract
(d) Automatic dependent surveillance — broadcast*
(e) Aeronautical operational control*.
 Kenya Subsidiary Legislation, 2018 1325

Note.— Descriptions of the applications are contained in Table A-2.

7. AIRCRAFT DATA RECORDING SYSTEMS (ADRS)
7.1 Parameters to be recorded
ADRS shall be capable of recording, as appropriate to the aeroplane, at least the essential
(E) parameters inTableA8-3.
7.2 Additional information
7.2.1 The measurement range, recording interval and accuracy of parameters on
installed equipment is usually verified by methods approved by the appropriate
certificating authority.
7.2.2Documentation concerning parameter allocation, conversion equations, periodic
calibration and other serviceability/maintenance information shall be maintained by the
operator. The documentation needs to be sufficient to ensure that accident investigation
authorities have the necessary information to read out the data in engineering units.
8. INSPECTIONSOFFLIGHTRECORDERSYSTEMS
8.1 Prior to the first flight of the day, the built-in test features for the flight recorders
and flight data acquisition unit (FDAU),when installed, shall be monitored by manual
and/or automatic checks.
8.2 FDR systems or ADRS, CVR systems or CARS, and AIR systems or AIRS shall have
recording system inspection intervals of one year; subject to the approval from the
Authority, this period may be extended to two years provided these systems have
demonstrated a high integrity of serviceability and self-monitoring.
DLR systems or DLRS shall have recording system inspection intervals of two years;
subject to the approval from the appropriate regulatory authority, this period may be
extended to four years provided these systems have demonstrated high integrity of
serviceability and self-monitoring.
8.3 Recording system inspections shall be carried out as follows—
(a) an analysis of the recorded data from the flight recorders shall ensure that the
recorder operates correctly for the nominal duration of the recording;
(b) the analysis of the FDR or ADRS shall evaluate the quality of the recorded
data to determine if the bit error rate (including those errors introduced by
recorder, the acquisition unit, the source of the data on the aeroplane and by
the tools used to extract the data from the recorder) is within acceptable
limits and to determine the nature and distribution of the errors;
(c) a complete flight recording from the FDR or ADRS shall be examined in
engineering units to evaluate the validity of all recorded parameters.
Particular attention shall be given to parameters from sensors dedicated to the
FDR or ADRS. Parameters taken from the aircraft’s electrical bus system
need not be checked if their serviceability can be detected by other aircraft
systems;
(d) the read out facility shall have the necessary software to accurately convert
the recorded values to engineering units and to determine the status of
discrete signals;
(e) an examination of the recorded signal on the CVR or CARS shall be carried
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1326 Kenya Subsidiary Legislation, 2018

out by replay of the CVR or CARS recording. While installed in the aircraft,
the CVR or CARS shall record test signals from each aircraft source and
from relevant external sources to ensure that all required signals meet
intelligibility standards;
(f) where practicable, during the examination, a sample of in-flight recordings of
the CVR or CARS shall be examined for evidence that the intelligibility of
the signal is acceptable; and
(g) an examination of the recorded images on the AIR or AIRS shall be carried
out by replay of the AIR or AIRS recording. While installed in the aircraft,
the AIR or AIRS shall record test images from each aircraft source and from
relevant external sources to ensure that all required images meet recording
quality standards.
8.4 A flight recorder system shall be considered unserviceable if there is a significant
period of poor quality data, unintelligible signals, or if one or more of them an datory
parameters is not recorded correctly.
8.5 report of the recording system inspection shall be made available on request to
regulatory authorities for monitoring purposes.
8.6 Calibration of the FDR system—
(a) for those parameters which have sensors dedicated only to the FDR and are
not checked by other means, recalibration shall be carried out at least every
five years or in accordance with the recommendations of the sensor
manufacturer to determine any discrepancies in the engineering conversion
routines for the mandatory parameters and to ensure that parameters are being
recorded within the calibration tolerances; and
(b) when the parameters of altitude and airspeed are provided by sensors that are
dedicated to the FDR system, there shall be are calibration performed as
recommended by the sensor manufacturer, or at least every two years.

Table A-1 Parameter Guidance for Crash Protected Flight Data Recorders

Serial Parameter Measurement range Maximum Accuracy limits Recording resolution

number sampling (sensor input
and compared
recording To FDR read-
interval out)
(seconds)
1 Time (UTC when 24hours 4 ±0.125%perhour 1second
available,
Otherwise relative
time countor
GPS time sync)
2 Pressure-altitude –300m(–1000ft)to 1 ±30mto±200m 1.5m(5ft)
Maximum (±100ftto±700ft)
certificated
Altitude of aircraft
+1500m(+5000ft)
3 Indicated airspeed or 95km/h(50kt)to max 1 ±5% 1kt(0.5ktrecommended)
calibrated
 Kenya Subsidiary Legislation, 2018 1327

airspeed VSo(Note1)
VSoto1.2VD(Note2) ±3%
4 Heading (primary 360° 1 ±2° 0.5°
flightcrew
reference)
5 Normal –3gto+6g 0.125 ±1%of maximum 0.004g
acceleration(Note3)
Range excluding
datumerrorof±5%
6 Pitch attitude ±75°orusablerange 0.25 ±2° 0.5°
Whichever is
greater
7 Roll attitude ±180° 0.25 ±2° 0.5°
8 Radio transmission On-off(one discrete) 1
keying
9 Power on each engine Full range 1(per ±2% 0.2%offullrangeorthe
(Note4) engine) Resolution required to
operate the
aircraft
10* Trailing edge Full range or each 2 ±5%oraspilot’s 0.5%offullrangeorthe
flapandcockpit
Control selection Discrete position indicator Resolution required to
operate the
aircraft
11* Leading edge flap Full range or each 2 ±5%oraspilot’s 0.5%offullrangeorthe
and cockpit
Control selection Discrete position indicator Resolution required to
operate the
aircraft
12* Thrust reverser Stowed, in transit, 1(per
position
And reverse engine)
13* Ground spoiler/speed Full range or each 1 ±2%unlesshigher 0.2%offullrange
brake
selection(selection Discrete position Accuracy
and position) uniquely
required
14 Out side air Sensor range 2 ±2°C 0.3°C
temperature
15* Autopilot/auto A suitable 1
throttle/AFCS combination
Mode and Of discretes
engagement status
16 Longitudinal ±1g 0.25 ±0.015g 0.004g
acceleration
(Note3) Excluding a
datum
errorof±0.05g
Note.—Thepreceding16parameterssatisfytherequirementsforaTypeIIFDR.
 1328
1328 Kenya Subsidiary Legislation, 2018

17 Lateral acceleration(Note3) ±1g 0.25

±0.015g excluding a datum errorof±0.05g 0.004g

Serial Parameter Measureme Maximu Accuracy limits Recording resolution

numbe nt range (sensor input
m
r sampling compared
and To FDR read-
out)
recordin
g
interval
(seconds
)
18 Pilot input and/or control Full range 0.25 ±2°unless higher 0.2%offull range or as
surface position-primary accuracy installed
controls(pitch, roll, yaw) uniquely required
(Note5)(Note6)
19 Pitch trim position Full range 1 ±3%unlesshigher 0.3%offullrangeorasinstall
accuracy ed
uniquely required
20* Radio altitude –6mto750m 1 ±0.6m(±2ft)or±3 0.3m(1ft)below150m(500ft
(– % whichever is )
20ftto2500ft greater 0.3m(1ft)+0.5%offullrange
) below150m above150m(500ft)
(500ft)and±5%
above150m
(500ft)
21* Vertical beam deviation Signal range 1 ±3% 0.3%offullrange
(ILS/GPS/GLS glide path,
MLS elevation,
IRNAV/IAN vertical
deviation)
22* Horizontal beam deviation Signal range 1 ±3% 0.3%offullrange
(ILS/GPS/GLS localizer,
MLS azimuth,
IRNAV/IAN lateral
deviation)
23 Marker beacon passage Discrete 1
24 Master warning Discrete 1
25 Each NAV receiver Full range 4 As installed
frequency selection(Note7)
26* DME1and2distance(includ 0–370km 4 As installed 1852m(1NM)
es Distance to runway (0–200NM)
threshold (GLS)and
Distance to missed
approach
point(IRNAV/IAN))
(Notes7and8)
27 Air/ground status Discrete 1
28* GPWS/TAWS/GCAS Discrete 1
status (selection of terrain
display mode including
pop-up display status)
and(terrain alerts, both
 Kenya Subsidiary Legislation, 2018 1329

cautions and warnings, and

advisories)
and(on/offswitchposition)
29* Angle of attack Full range 0.5 As installed 0.3%offullrange
30* Hydraulics, each system Discrete 2 0.5%offullrange
(low pressure)
31* Navigation data As installed 1 As installed
(latitude/longitude, ground
speed and drift
angle)(Note9)
32* Landing gear and gear Discrete 4 As installed
selector position
Note.—The preceding 32 parameters satisfy the requirements for a Type IFDR.

Serial Parameter Measurement Maximum Accuracy limits Recording resolution

number range sampling (sensor input
and compared
recording to FDR read-out)
interval
(seconds)
33* Groundspeed As installed 1 Data should be 1kt
Obtained from the
Most accurate
system
34 Brakes(left and right (Maximum 1 ±5% 2%offullrange
brake metered brake
pressure, left and range, discretes
right brake or full
Pedal position) range)
35* Additional engine As installed Each engine As installed 2%offullrange
parameters
(EPR,N1,indicated Each second
vibration
level, N2,EGT, fuel
flow, fuel cut-off
lever position, N3)
36* TCAS/ACAS(traffic Discretes 1 As installed
alert and
Collision avoidance
system)
37* Wind shear warning Discrete 1 As installed
38* Selected barometric As installed 64 As installed 0.1mb(0.01in-Hg)
setting
(pilot, co-pilot)
39* Selected altitude(all As installed 1 As installed Sufficient to
pilot determine crew
Selectable modes of selection
operation)
40* Selected speed (all As installed 1 As installed Sufficient to
pilot determine crew
Selectable modes of selection
operation)
41* Selected Mach (all As installed 1 As installed Sufficient to
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1330 Kenya Subsidiary Legislation, 2018

pilot determine crew

Selectable modes of selection
operation)
42* Selected vertical As installed 1 As installed Sufficient to
speed (all pilot determine crew
Selectable modes of selection
operation)
43* Selected heading (all As installed 1 As installed Sufficient to
pilot determine crew
Selectable modes of selection
operation)
44* Selected flight path 1 As installed
(all pilot
Selectable modes of
operation)
(course/DSTRK,
path angle, final
Approach path
(IRNAV/IAN))
45* Selected decision As installed 64 As installed Sufficient to
height determine crew
selection
46* EFIS display Discrete(s) 4 As installed
format(pilot,
co-pilot)
47* Multi- Discrete(s) 4 As installed
function/engine/alert
s
Display format
48* AC electrical bus Discrete(s) 4 As installed
status
49* DC electrical bus Discrete(s) 4 As installed
status
50* Engine bleed valve Discrete(s) 4 As installed
position
51* APU bleed valve Discrete(s) 4 As installed
position
52* Computer failure Discrete(s) 4 As installed
53* Engine thrust As installed 2 As installed
command
54* Engine thrust target As installed 4 As installed 2%offullrange
55* Computed centre of As installed 64 As installed 1%offullrange
gravity
Serial Parameter Measurement Maximum Accuracy limits Recording resolution
number range sampling (sensor input
and compared
recording To FDR read-out)
interval
(seconds)
56* Fuel quantity in CG As installed 64 As installed 1%offullrange
trim tank
57* Head up display in As installed 4 As installed
use
 Kenya Subsidiary Legislation, 2018 1331

58* Para visual display As installed 1 As installed

on/off
59* Operational stall As installed 1 As installed
protection, stick
shake rand pusher
activation
60* Primary navigation As installed 4 As installed
system reference
(GNSS,INS,
VOR/DME, MLS,
Loran C, localizer
glide slope)
61* Ice detection As installed 4 As installed
62* Engine warning each As installed 1 As installed
engine vibration
63* Engine warning each As installed 1 As installed
engine over
temperature
64* Engine warning each As installed 1 As installed
engine oil pressure
low
65* Engine warning each As installed 1 As installed
engine over speed
66* Yaw trim surface Full range 2 ±3%unlesshigher 0.3%offullrange
position accuracy uniquely
required
67* Roll trim surface Full range 2 ±3%unlesshigher 0.3%offullrange
position accuracy uniquely
required
68* Yaw or sides lip Full range 1 ±5% 0.5°
angle
69* De-icing and/or anti- Discrete(s) 4
icing systems
selection
70* Hydraulic pressure Full range 2 ±5% 100psi
(each system)
71* Loss of cabin Discrete 1
pressure
72* Cockpit trim control Full range 1 ±5% 0.2%offullrangeorasin
input position, Pitch stalled
73* Cockpit trim control Full range 1 ±5% 0.2%offullrangeorasin
input position, Roll stalled
74* Cockpit trim control Full range 1 ±5% 0.2%offullrangeorasin
input position, Yaw stalled
75* All cockpit flight Full 1 ±5% 0.2%offullrangeorasin
control input forces range(±311N stalled
(control wheel, (±70lbf),±378N
control column, (±85lbf),±734N
rudder pedal) (±165lbf))
76* Event marker Discrete 1
77* Date 365days 64
78* ANP or EPE or EPU As installed 4 As installed

Note.—The preceding 78 parameters satisfy ther equirements for a Type IAFDR.

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1332 Kenya Subsidiary Legislation, 2018

Notes.—
1. VSo stalling speed or minimum steady flight speed in the landing configuration is
in Section “Abbreviations and Symbols”.
2.VD design diving speed.
3.Refer to 6.3.1.2.11 for increased recording requirements.
4.Record sufficient in puts to determine power.
5.For aeroplanes with control systems in which movement of a control surface willback
drive the pilot’s control,‘‘or’’applies. For aeroplanes with control systems in which
movement of acontrol surface will not back drive the pilot’s control,‘‘and’’applies. In
aeroplanes with split surfaces, a suitable combination of inputs is acceptable in lieu of
recording each surface separately.
6. Refer to 6.3.1.2.12 for increased recording requirements.
7.If signal available in digital form.
8.Recording of latitude and longitude from INS or other navigation system is a preferred
alternative.
9.Recording of latitude and longitude from INS or other navigation system is a preferred
alternative.
10.If signals readily available.
If further recording capacity is available, recording of the following additional
information should be considered—
operational information from electronic display systems, such as electronic flight
instrument systems (EFIS), electronic centralized aircraft monitor (ECAM) and engine
indication and crew alerting system (EICAS).Use the following order of priority—
1.parametersselectedbytheflightcrewrelatingtothedesiredflightpath,e.g.barometricpressure
setting, selected altitude, selected airspeed, decision height, and auto flight system
engagement and mode indications if not recorded from another source;
2.display systems election/status, e.g. SECTOR, PLAN, ROSE, NAV, WXR,
COMPOSITE, COPY, ETC.;
3.warnings and alerts;
4.the identity of displayed pages for emergency procedures and check lists;and
5.retardationinformationincludingbrakeapplicationforuseintheinvestigationoflandingoverr
unsandrejected take-offs.
TableA-2. Description of Applications for Data Link Recorders
Item Application Application description Recording
No. type content
1 Data link This includes any applications used to log on to or initiate data C
initiation linkservice.InFANS-1/A and ATN, these are ATS facilities
notification(AFN) and context management(CM) respectively.
2 Controller/pilot This i n c l u d e s a n y application used to exchange requests, C
communication clearances, instructions and reports between the flight crew and
controllers on the ground. InFANS-1/A and ATN, this includes the
CPDLC application. It also includes applications used for the
 Kenya Subsidiary Legislation, 2018 1333

exchange of oceanic (OCL) and departure clearances (DCL) as well

as data link delivery of taxi clearances.
3 Addressed This includes any surveillance application in which the ground sets C
surveillance up contracts for delivery of surveillance data.InFANS-1/A and ATN,
this includes the automatic dependent surveillance— contract (ADS-
C)application. Where parametric data are reported within the
message they shall be recorded unless data from the same source are
recorded on the FDR.
4 Flight This includes any service used for delivery off light information to C
information specific aircraft. This includes, for example, data link aviation
weather report service (D-METAR), data link-automatic terminal
service (D-ATIS), digital Notice to Airmen (D-NOTAM)and
other textual data link services.
5 Aircraft This includes elementary and enhanced surveillance systems, as well M*
broadcast as automatic dependent surveillance— broadcast(ADS-B) output
surveillance data. Where parametric data sent by the aeroplane are reported
within the message they shall be recorded unless data from the same
source are recorded on the FDR.
6 Aeronautical This includes any application transmitting or receiving data used For M*
operational aeronautical operational control purposes (per the ICAO
control data
definition of operational control).

Key:
C: Complete contents recorded.
M: Information that enables correlation to any associated records stored separately from the aeroplane.
*: Applications to be recorded only as far as is practicable given the architecture of the system.

TableA-3. Parameter Guidance for Aircraft Data Recording Systems

No. Paramet Minimum Maximum Minimum Minimu Remarks

Parameter er recording range recording recording m
name categor interval in accuracy recording
y seconds resolutio
n
1 Heading( R* ±180degrees 1 ±2degrees 0.5degre *If not
Magnetic or e available,
True) recordrates
2 Pitch attitude E* ±90degrees 0.25 ±2degrees 0.5degre *If not
e available,
recordrates
3 Roll attitude E* ±180degrees 0.25 ±2degrees 0.5degre *If not
e available,
recordrates
4 Yaw rate E* ±300degrees/s 0.25 ±1%+drift 2degree/s *Essential if
of360°/hr no heading
available
5 Pitch rate E* ±300degrees/s 0.25 ±1%+drift 2degree/s *Essential if
of360°/hr no pitch
attitude
available
6 Roll rate E* ±300degrees/s 0.25 ±1%+drift 2degree/s *Essential if
of360°/hr no roll attitude
available
7 Positioning E Latitude:±90degre 2 As installed 0.00005
system: es (1ifavailable) (0.00015degre degree
latitude/longit Longitude:±180de e
ude grees recommended)
8 Positioning E* Available range 2 As installed As *If available
system (1ifavailable) installed
 1334
1334 Kenya Subsidiary Legislation, 2018

estimated
error
9 Positioning E –300m(–1000ft)to 2 As installed 1.5m(5ft)
system: maximum (1ifavailable) (±15m(±50ft)
altitude certificated recommended)
altitude of
aeroplane
+1500m(5000ft)
10 Positioning E 24hours 1 ±0.5second 0.1secon *UTC time
system: d preferred
time* where
available.
11 Positioning E 0–1000kt 2(1if As installed 1kt
system: available) (±5ktrecomme
groundspeed nded)
12 Positioning E 0–360degrees 2(1if As installed(± 0.5degre
system: available) 2degrees es
channel recommended)
13 Normal E –3gto+6g(*) 0.25(0.125if As 0.004g
acceleration available) installed(±0.09
g excluding a
datum error
of±0.45g
recommended)
14 Longitudinal E ±1g(*) 0.25(0.125if As 0.004g
acceleration available) installed(±0.01
5g excluding a
datum error
of±0.05g
recommended)
15 Lateral E ±1g(*) 0.25(0.125if As 0.004g
acceleration available) installed(±0.01
5g excluding a
datum error
of±0.05g
recommended)

No. Parameter Parame Minimum Maximum Minimum Minimum Remarks

name ter recording recording recording recording
categor range intervalin accuracy resolution
y seconds
16 External R 34.4mb(3.44in 1 As 0.1mb
static installed(±1
-Hg)to
pressure mb
(or pressure 310.2 (0.1in-Hg)or (0.01in-Hg)
altitude) mb(31.02i
n-Hg)
Or ±30m(±100ft) or1.5m(5ft)
available to
sensor
range ±210m(±700f
t)
recommended
)
17 Outside air R – 2 As installed 1°C
50°to+90°
Cor
temperature( Available (±2°Crecom
or total sensor mended)
 Kenya Subsidiary Legislation, 2018 1335

range
Air
temperature)
18 Indicated R As the 1 As installed 1kt(0.5kt
airspeed installed
pilot
Display (±3%recomm recommended)
measurin ended)
g
System or
available
Sensor
range
19 Engine RPM R Full range Each engine As installed 0.2%offull
including
Over Each range
speed second
condition
20 Engine oil R Full range Each engine As installed 2%offull
pressure
Each second (5%offullran range
ge
recommended
)
21 Engine oil R Full range Each engine As installed 2%offull
temperature
Each second (5%offullran range
ge
recommended
)
22 Fuel flow o r R Full range Each engine As installed 2%offull
pressure
Each second range
23 Manifold R Full range Each engine As installed 0.2%offull
pressure
Each second range
24 Engine R Full range Each engine As installed 0.1%offull *Sufficient
thrust/power/ Each second range Parameter se.g.
torque
Parameters EPR/N1or
required to
Determine torque/Npas
propulsive
thrust/power Appropriate to
* the
Particular engine
Shall be
recorded to
Determine
power in
Both normal and
Reverse thrust.
A
Margin for
possible
Over speed
should be
provided.
 1336
1336 Kenya Subsidiary Legislation, 2018

25 Engine gas R 0-150% Each engine As installed 0.2%of

generator
speed(Ng) Each second Full range
26 Free R 0-150% Each engine As installed 0.2%of
powerturbine
speed(Nf) Each second Full range
27 Coolanttemp R Full range 1 As installed 1degree
erature
(±5°Crecom Celsius
mended)
28 Mainvoltage R Full range Each engine As installed 1Volt
Each second
29 Cylinderhea R Full range Each cylinder As installed 2%of
d
temperature Each second Full range
30 Flapspositio R Full range 2 As installed 0.5degree
n or each
Discrete
position
Maximum recording
Minimum
Minimum

No. Parameter name Parameter Minimum Interval in recording recording Remarks

category recording seconds accuracy resolution
range
31 Primary flight R Full range 0.25 As installed 0.2%of
control fullrange
surfaceposition
32 Fuel quantity R Full range 4 As installed 1%of full
range
33 Exhaust gas R Full range Each As installed 2%of full
temperature engine each range
second
34 Emergency R Full range Each As installed 1Volt
voltage engine
eachsecond
35 Trim surface R Full range or 1 As installed 0.3%offull
position each range
discreteposition
36 Landing gear R Each discrete Each gear As installed *Where
position position* every two available,
seconds record up-
and- locked
and down-
and-locked
position
37 Novel/unique R As required As required As required As
aircraft features required

Key:
 Kenya Subsidiary Legislation, 2018 1337

E: Essential parameters
R: Recommended parameters
FLIGHT DATA RECORDERS –HELICOPTERS
1. GENERAL REQUIREMENTS
1.1 Non-deployable flight recorder containers shall—
(a) be painted a distinctive orange or yellow colour;
(b) carry reflective material to facilitate their location; and
(c) havesecurelyattachedanautomaticallyactivatedunderwaterlocatingdeviceoperatingat
afrequencyof37.5kHz.
At the earliest practical date, but not later than 1January, 2018,this device shall operate
for a minimum of ninety days.
Note.—Current industry practice is to phase out yellow flight recorder containers at the
end of the service life of the flight recorder.
1.2The flight recorder systems shall be installed so that—
(a)the probability of damage to the recordings is minimized;
(b)theyreceiveelectricalpowerfromabusthatprovidesthemaximumreliabilityforoperationo
ftheflightrecorder systems without jeopardizing service to essential or emergency loads;
(c)there is an aural or visual means for pre-flight checking that the flight recorder
systems are operating properly; and
(d)if the flight recorder systems have a bulk erasure device, the installation shall be
designed to prevent operation of the device during flight time or crash impact.
1.3 The flight recorder systems, when tested by methods approved by the
appropriate certificating authority, shall be demonstrated to be suitable for the
environmental extremes over which they are designed to operate.
1.4 Means shall be provided for an accurate time correlation between the flight
recorder systems functions.
1.5 The manufacturer usually provides the appropriate certificating authority with the
following information in respect of the flight recorder systems—
(a)manufacturer’s operating instructions, equipment limitations and installation
procedures; and
(b)manufacturer’s test reports.
2. FLIGHT DATARECORDER(FDR)
2.1 The flight data recorder shall start to record prior to the helicopter moving under its
ownpowerand record continuously until the termination of the flight when the helicopter
is no longer capable ofmoving under its own power.
2.2 Parameters to be recorded
2.2.1
FlightdatarecordersforhelicoptersshallbeclassifiedasTypeIV,IVAandVdependinguponthe
numberof parameters to be recorded.
2.2.2 The parameters that satisfy the requirements for Types IV,IVA and VFDRs, are
listed in the paragraphs below. The number of parameters to be recorded shall depend on
helicopter complexity. The parameters without an asterisk (*)are mandatory parameters
which shall be recorded regardless of helicopter complexity. In addition, the parameters
designated by an asterisk (*) shall be recorded if an information data source for the
parameter is used by helicopter systems or the flight crew to operate the helicopter.
However, other parameters may be substituted with due regard to the helicopter type
and the characteristics of the recording equipment.
 1338
1338 Kenya Subsidiary Legislation, 2018

2.2.3The following parameters shall satisfy the requirements for flight path and speed—
(a)pressure altitude
(b)indicated airspeed
(c)outside air temperature
(d)heading
(e)normal acceleration
(f)lateral acceleration
(g)longitudinal acceleration(body axis)
(h)time or relative time count
(i)navigation data*: drift angle, windspeed,wind direction, latitude/longitude
(j)radio altitude*.
2.2.4The following parameters shall satisfy the requirements for attitude—
(a)Pitch attitude
(b)Roll attitude
(c)Yaw rate.
2.2.5 The following parameters shall satisfy the requirements for engine power—
(a)Poweroneachengine:freepowerturbinespeed(Nf),enginetorque,enginegasgeneratorspee
d(Ng),cockpit power control position
(b)Rotor: main rotor speed, rotor brake
(c)Main gearbox oil pressure*
(d)Gearboxoiltemperature*:maingearboxoiltemperature,intermediategearboxoiltemperat
ure,tailrotorgearboxoil temperature
(e)Engine exhaust gas temperature(T4)*
(f)Turbine inlet temperature (TIT)*.
2.2.6 The following parameters shall satisfy the requirements for operation—
(a)Hydraulics low pressure
(b)Warnings
(c)Primary flight controls—pilot input and/or control output position: collective pitch,
longitudinal cyclic pitch, lateral cyclic pitch, tail rotor pedal, controllable stabilator,
hydraulic selection
(d)Marker beacon passage
(e)Each navigation receiver frequency selection
(f)AFCS mode and engagement status*
(g)Stability augmentation system engagement*
(h)Indicated sling load force*
(i)Vertical deviation*: ILS glide path, MLS elevation, GNSS approach path
(j)Horizontal deviation*:ILS localizer,MLSazimuth,GNSSapproach path
(k)DME1and 2distances*
(l)Altitude rate*
(m)Ice detector liquid water content*
 Kenya Subsidiary Legislation, 2018 1339

(n)Helicopterhealthandusagemonitorsystem(HUMS)*:enginedata,chipdetectors,channelt
iming,exceedance discretes, broad band average engine vibration.
2.2.7 The following parameters shall satisfy the requirements for configuration—
(a)Landing gear or gear selector position*
(b)Fuel contents*
(c)Ice detector liquid water content*.
2.2.8 Type IVAFDR. This FDR will be capable of recording, as appropriate to the
helicopter,atleastthe48parameters in Table A4-1.
2.2.9 Type IV FDR. This FDR shall be capable of recording, as appropriate to the
helicopter, at least the first 30 parametersinTableA4-1.
2.2.10
TypeVFDR.ThisFDRshallbecapableofrecording,asappropriatetothehelicopter,atlea
stthefirst 15 parametersinTableA4-1.
2.2.11 If further recording capacity is available, recording of the following additional
information shall be considered—
(a) additionaloperationalinformationfromelectronicdisplays,suchaselectronicflightinstr
umentsystems(EFIS), electronic centralized aircraft monitor(ECAM) and engine
indication and crew alerting system(EICAS); and
(b) additional engine parameters (EPR, N1,fuel flow, etc.).
2.3 Additional information
2.3.1 The measurement range, recording interval and accuracy of parameters on
installed equipment is usually verified by methods approved by the appropriate
certificating authority.
2.3.2Documentation concerning parameter allocation, conversion equations, periodic
calibration and other serviceability/maintenance information shall be maintained by the
operator/owner. The documentation shall be sufficient to ensure that accident
investigation authorities have the necessary information to read out the data in
engineering units.
3. COCKPITVOICERECORDER(CVR)
3.1 Signals to be recorded
3.1.1 The CVR shall start to record prior to the helicopter moving under its own power
and record continuously until the termination of the flight when the helicopter is no
longer capable of moving under its own power. In addition, depending on the
availability of electrical power, the CVR shall start to record as early as possible during
the cockpit checks prior to engine start at the beginning of the flight until the cockpit
checks immediately following engines hut down at the end of the flight.
3.1.2 The CVR shall record on four separate channels, or more, at least the following:
(a) voice communication transmitted from or received in the aircraft by radio;
(b) aural environment on the flight deck;
(c) voice communication off light crew members on the flight deck using the
interphone system, if installed;
(d) voice or audio signals identifying navigation or approach aids introduced in the
headset or speaker; and
(e) voice communication off light crew members using the passenger address system,
if installed.
3.1.3 The CVR shall be capable of recording on at least four channels simultaneously.
On tape-based CVR, to ensure accurate time correlation between channels, the CVR
shall record in an in-line format. If a bi-direction alc on figuration is used, the in-line
 1340
1340 Kenya Subsidiary Legislation, 2018

format and channel allocation shall be retained in both directions.

3.1.4The preferred channel allocations hall be as follows:
(a) Channel1— co-pilot headphones and live boom microphone
(b) Channel2— pilot headphones and live boom microphone
(c) Channel3— area microphone
(d) Channel4— time reference, main rotor speed or the flight deck vibration
environment, the third and fourth crew member’s headphone and live microphone, if
applicable.
Note 1.— Channel1is located closest to the base of the recording head.
Note2.—The preferred channel allocation presumes use of current conventional
magnetic tape transport mechanisms and is specified because the outer edges of the tape
have a higher risk of damage than the middle. It is not intended to preclude use of
alternative recording media where such constraints may not apply.
5.0 DATA LINK RECORDERS (DLR)
5.1 Applications to be recorded
5.1.1 Where the helicopter flight path is authorized or controlled through the use of data
link messages, all data link messages, both uplinks (to the helicopter) and downlinks
(from the helicopter), shall be recorded on the helicopter. As far as practicable, the time
the messages were displayed to the flight crew and the time of the responses shall to be
recorded.
Note.— Sufficient information to derive the content of the data link communications
message and the time the messages were displayed to the flight crew is needed to
determine an accurate sequence of events on board the aircraft.
5.1.2 Messages applying to the applications listed below shall be recorded. Applications
without the asterisk (*) are mandatory applications which shall be recorded regardless of
the system complexity. Applications with an (*) are to be recorded only as far as is
practicable given the architecture of the system.
(a)Data link initiation capability
(b)Controller–pilot data link communications
(c)Data link flight information services
(d)Automatic dependent surveillance — contract
(e)Automatic dependent surveillance — broadcast*
(f)Aeronautical operational control*.
Note.— Descriptions of the applications are contained in Table A4-2.
TableA4-1. Parameter Guidance for Flight Data Recorders

Serial Parameter Measurement range Maximum Accuracy limits Recording

numbe sampling and (sensor input resolution
r recording interval compared to FDR
(seconds) readout)
l Time (UTC 24hours 4 ±0.125%perhour 1s
when
Available
,otherwise
Relative
time count
or
GPS time
 Kenya Subsidiary Legislation, 2018 1341

sync)
2 Pressure –300m(–1000ft)to 1 ±30mto±200m 1.5m(5ft)
altitude
Maximum (±100ftto±700ft)
certificated
altitudeofaircraft+15
00
m(+5000ft)
3 Indicated As the installed pilot 1 ±3% 1kt
airspeed
Display measuring
system
4 Heading 360° 1 ±2° 0.5°
5 Normal –3gto+6g 0.125 ±0.09gexcludinga 0.004g
acceleration
datumerrorof±0.045
g
6 Pitch attitude ±75°or100%of 0.5 ±2° 0.5°
useable
Range whichever is
greater
7 Roll attitude ±180° 0.5 ±2° 0.5°
8 Radio On-off(one discrete) 1 — —
transmission
keying
9 Power on Full range 1(per engine) ±2% 0.1%offullrange
each engine
10 Main rotor:
Main rotor 50–130% 0.51 ±2% 0.3%offullrange
speed
—
Rotor brake Discrete —
11 Pilot input Full range 0.5 ±2%unlesshigher 0.5%ofoperatingran
and/or ge
Control (0.25recommende Accuracy uniquely
surface d)
position
—primary required
controls
(collective
pitch,
Longitudinal
cyclic pitch,
Lateral
cyclic pitch,
tail
Rotor pedal)
12 Hydraulics, Discrete 1 — —
each system
(low
pressure and
selection)
 1342
1342 Kenya Subsidiary Legislation, 2018

13 Outside air Sensor range 2 ±2°C 0.3°C

temperature
14* Autopilot/ A suitable 1 — —
combination
Auto Of discretes
throttle/AFC
S mode
And
engagement
status
15* Stability Discrete 1 — —
augmentatio
n
System
engagement

Note.—Thepreceding15parameterssatisfytherequirementsforaTypeVFDR.
16* Main As installed 1 As installed 6.895kN/m2(1psi)
gearbox oil
pressure
17* Main As installed 2 As installed 1°C
gearbox oil
temperature

Maximum Accuracy limits

Serial sampling and (sensor input
numbe Parameter Measurement recording compared to FDR Recording
r range interval readout) resolution
(seconds)
18 Yaw rate ±400°/second 0.25 ±1.5%maximumran ±2°/s
ge excluding
datumerr or of
±5%
19* Sling load force 0to200%ofcertifie 0.5 ±3%of maximum 0.5%for maximum
d load range certifiedload
20 Longitudial ±1g 0.25 ±0.015gexcludinga 0.004g
acceleration datumerrorof±0.05g
21 Lateral ±1g 0.25 ±0.015gexcludinga 0.004g
acceleration datumerrorof±0.05g
22* Radio altitude –6mto750m 1 ±0.6m(±2ft)or±3% 0.3m(1ft)below150
(–20ftto2500ft) whichever is greater m
below150m(500ft)a (500ft),0.3m(1ft)+
nd 0.5%offullrangeabo
±5%above150m ve
(500ft) 150m(500ft)
23* Vertical beam Signal range 1 ±3% 0.3%offullrange
deviation
24* Horizontal beam Signal range 1 ±3% 0.3%offullrange
deviation
25 Marker beacon Discrete 1 — —
passage
26 Warnings Discrete(s) 1 — —
 Kenya Subsidiary Legislation, 2018 1343

27 Each navigation Sufficient to 4 As installed —

receiver frequency determine
selection
selected
frequency
28* DME1and2distanc 0–370km 4 As installed 1852m(1NM)
es (0–200NM)
29* Navigation data As installed 2 As installed As installed
(latitude/longitude,
ground speed, drift
angle, wind speed,
wind direction)
30* Landing gear and Discrete 4 — —
gear selector
position.

Note.—Thepreceding30parameterssatisfytherequirementsforaTypeIVFDR.
31* Engine exhaust gas As installed 1 As installed
temperature(T4)
32* Turbine in let As installed 1 As installed
temperature(TIT/IT
T)
33* Fuel contents As installed 4 As installed
34* Altitude rate As installed 1 As installed
35* Ice detection As installed 4 As installed
36* Helicopter heal than As installed — As installed —
d usage
monitorsystem
37 Engine control Discrete 1 — —
modes
38* Selected barometric As installed 64 As installed 0.1mb
setting (pilot and (4recommende (0.01inHg)
co-pilot) d)

Maximum sampling Accuracy limits

Serial and recording (sensor input Recording
number Parameter interval (seconds) compared to FDR resolution
Measurement
readout)
range
39* Selected altitude(all As installed 1 As installed Sufficient to
Pilot selectable determine crew
modes of operation) selection

40* Selected speed (all As installed 1 As installed Sufficient to

pilot selectable determine crew
modes of operation) selection
41* Selected Mach (all As installed 1 As installed Sufficient to
pilot selectable determine crew
modes of operation) selection
42* Selected vertical As installed 1 As installed Sufficient to
speed (all pilots determine crew
electable modes of selection
operation)
 1344
1344 Kenya Subsidiary Legislation, 2018

43* Selected heading (all As installed 1 As installed Sufficient to

pilot selectable determine crew
modes of operation) selection.
44* Selected flight As installed 1 As installed Sufficient to
path(all pilot determine crew
selectable modes of selection
operation)
45* Selected decision As installed 4 As installed Sufficient to
height determine crew
selection
46* EFIS display format Discrete(s) 4 — —
(pilot and co-pilot)
47* Multi-function/ Discrete(s) 4 — —
engine/alerts display
format
48* Event marker Discrete 1 — —
 Kenya Subsidiary Legislation, 2018 1345

Note.—The preceding 48 parameters satisfy the requirements for a Type IVAFDR.

Table A4-2. Description of Applications for Data Link Recorders
Regulation
Recording
Item No. Application Application description content
type

1 Data link This includes any applications used to log on to or initiate data C
initiation
link service. In FANS-1/A and ATN, these are ATS facilities
notification (AFN) and context management (CM) respectively.
2 Controller/pilot This includes any application used to exchange requests, C
communication clearances, instructions and reports between the flight crew and
controllers on the ground. In FANS-1/A and ATN, this includes
the CPDLC application. It also includes applications used for
the
exchange of oceanic (OCL) and departure clearances (DCL) as
well as data link delivery of taxi clearances.
3 Addressed This includes any surveillance application in which the ground C
surveillance sets up contracts for delivery of surveillance data. In FANS-1/A
and ATN, this includes the automatic dependent surveillance —
contract (ADS-C) application. Where parametric data are
reported within the message they shall be recorded unless data
from the same source are recorded on the FDR.
4 Flight This includes any service used for delivery of flight information C
information
to specific aircraft. This includes, for example, data link aviation
weather report service (D-METAR), data link-automatic
terminal
service (D-ATIS), digital Notice to Airmen (D-NOTAM) and
other textual data link services.
5 Aircraft This includes elementary and enhanced surveillance systems, as M*
broadcast
surveillance well as automatic dependent surveillance — broadcast (ADS-B)
output data. Where parametric data sent by the helicopter are
reported within the message they shall be recorded unless data
from the same source are recorded on the FDR.
6 Aeronautical This includes any application transmitting or receiving data used M*
operational for aeronautical operational control purposes (per the ICAO
control
data definition of operational control).

Key:
C: Complete contents recorded.
M: Information that enables correlation to any associated records stored separately from the helicopter.
*: Applications that are to be recorded only as far as is practicable given the architecture of the system.
 1346
1346 Kenya Subsidiary Legislation, 2018

NAVIGATION EQUIPMENT
1. In respect of groups of aeroplanes that are nominally of identical design and build
with respect to all details that could influence the accuracy of height-keeping
performance, the height-keeping performance capability shall be such that the total
vertical error (TVE) for the group of aeroplanes shall have a mean no greater than 25 m
(80 ft) in magnitude and shall have a standard deviation no greater than 28 – 0.013z2 for
0 ≤ z ≤ 25 when z is the magnitude of the mean TVE in metres, or 92 – 0.004z2 for 0 ≤ z
≤ 80 where z is in feet. In addition, the components of TVE shall have the following
characteristics:
(a) the mean altimetry system error (ASE) of the group shall not exceed 25 m
(80 ft) in magnitude;
(b) the sum of the absolute value of the mean ASE and of three standard
deviations of ASE shall not exceed 75 m (245ft); and
(c) the differences between cleared flight level and the indicated pressure altitude
actually flown shall be symmetric about a mean of 0 m, with a standard
deviation no greater than 13.3 m (43.7 ft), and in addition, the decrease in the
frequency of differences with increasing difference magnitude shall be at
least exponential.
2.In respect of aeroplanes for which the characteristics of the airframe and altimetry
system fit are unique and so cannot be classified as belonging to a group of aeroplanes
encompassed by paragraph 1, the height-keeping performance capability shall be such
that the components of the TVE of the aeroplane have the following characteristics:
(a) the ASE of the aeroplane shall not exceed 60 m (200 ft) in magnitude under
all flight conditions; and
(b) the differences between the cleared flight level and the indicated pressure
altitude actually flown shall be symmetric about a mean of 0 m, with a
standard deviation no greater than13.3 m (43.7 ft), and in addition, the
decrease in the frequency of differences with increasing difference magnitude
shall be at least exponential.
SECOND SCHEDULE
rr. 56(1)(a) and 57(1)(a)
MEDICAL SUPPLIES
1. TYPES, NUMBER, LOCATION AND CONTENTS OF MEDICAL SUPPLIES
The different types of medical supplies should be provided as follows:
(a) first-aid kit(s) for carriage on all aeroplanes,
(b) universal precaution kit(s) for carriage on all aeroplanes that require a cabin
crew member, and a medical kit for carriage where the aeroplane is
authorized to carry more than 100 passengers on a sector length of more than
two hours.
Based on the limited available evidence, only a very small number of passengers are
likely to benefit from the carriage of automated external defibrillators (AED) on
aeroplanes. However, many operators carry them because they offer the only effective
treatment for cardiac fibrillation. The likelihood of use, and therefore of potential benefit
 Kenya Subsidiary Legislation, 2018 1347

to a passenger, is greatest in aircraft carrying a large number of passengers, over long

duration sector lengths. The carriage of AEDs should be determined by operators on the
basis of a risk assessment taking into account the particular needs of the operation.
2. NUMBER OF FIRST-AID AND UNIVERSAL PRECAUTION KITS
(a)First-aid kits
The number of first-aid kits should be appropriate to the number of passengers which the
aeroplane is authorized to carry:
Passenger First-aid kits
0– 100 1
101 – 200 2
201 – 300 3
301 – 400 4
401 – 500 5
More than 500 6
(b)Universal precaution kits
For routine operations, one or two universal precaution kits should be carried on aircraft
that are required to operate with at least one cabin crew member. Additional kit(s) should
be made available at times of increased public health risk, such as during an outbreak of a
serious communicable disease having pandemic potential. Such kits may be used to clean
up any potentially infectious body contents such as blood, urine, vomit and faeces and to
protect the cabin crew members who are assisting potentially infectious cases of
suspected communicable disease.
3. LOCATION
(a) First-aid and universal precaution kits should be distributed as evenly as
practicable throughout the passenger cabins.
(b) They should be readily accessible to cabin crew members.
(c) The medical kit, when carried, should be stored in an appropriate secure
location.
4. CONTENTS
The following provides guidance on typical contents of first-aid, universal precaution and
medical kits.
4.1.1 First-aid kit—
(a) List of contents;
(b) Antiseptic swabs (10/pack);
(c) Bandage: adhesive strips;
(d) Bandage: gauze 7.5 cm × 4.5 m;
(e) Bandage: triangular; safety pins;
(f) Dressing: burn 10 cm × 10 cm;
 1348
1348 Kenya Subsidiary Legislation, 2018

(g) Dressing: compress, sterile 7.5 cm × 12 cm;

(h) Dressing: gauze, sterile 10.4 cm × 10.4 cm;
(i) Tape: adhesive 2.5 cm (roll);
(j) Steri-strips (or equivalent adhesive strip);
(k) Hand cleanser or cleansing towelettes;
(l) Pad with shield, or tape, for eye;
(m) Scissors: 10 cm (if allowed by national regulations);
(n) Tape: Adhesive, surgical 1.2 cm × 4.6 m;
(o) Tweezers: splinter;
(p) Disposable gloves (multiple pairs);
(q) Thermometers (non-mercury);
(r) Mouth-to-mouth resuscitation mask with one-way valve;
(s) First-aid manual, current edition;
(t) Incident record form.
The following suggested medications can be included in the first-aid kits where permitted
by the Authority—
(a) Mild to moderate analgesic;
(b) Antiemetic;
(c) Nasal decongestant;
(d) Antacid; and
(e) Antihistamine.
4.1.2 Universal precaution kit—
(a) Dry powder that can convert small liquid spill into a sterile granulated gel;
(b) Germicidal disinfectant for surface cleaning;
(c) Skin wipes;
(d) Face/eye mask (separate or combined);
(e) Gloves (disposable);
(f) Protective apron;
(g) Large absorbent towel;
(h) Pick-up scoop with scraper;
(i) Bio-hazard disposal waste bag;
(j) Instructions.
4.1.3 Medical kit:
Equipment
 Kenya Subsidiary Legislation, 2018 1349

(a)List of contents;
(b) Stethoscope;
(c) Sphygmomanometer (electronic preferred);
(d) Airways, oropharyngeal (three sizes);
(e) Syringes (appropriate range of sizes);
(f) Needles (appropriate range of sizes);
(g) Intravenous catheters (appropriate range of sizes);
(h) Antiseptic wipes;
(i) Gloves (disposable);
(j) Needle disposal box;
(k) Urinary catheter;
(l) System for delivering intravenous fluids;
(m) Venous tourniquet;
(n) Sponge gauze;
(o) Tape – adhesive;
(p) Surgical mask;
(q) Emergency tracheal catheter (or large gauge intravenous cannula);
(r) Umbilical cord clamp;
(s) Thermometers (non-mercury);
(t) Basic life support cards;
(u) Bag-valve mask;
(v) Flashlight and batteries.
Required communication performance (RCP) Required surveillance performance (RSP)
specification.
RCP RCP RCP RCP RCP integrity
specifications transaction continuity availability (acceptable
RCP time (sec) (probability) (probability) rate/flight
specification hour)
RCP 240 240 0.999 0.999 10-5
0.9999
(efficiency)
(See Note 3)
RCP 400 400 0.999 0.999 10-5
Required surveillance performance (RSP) specification
Regulation 73

Table 2-2. RSP delivery RSP RSP RSP integrity

RSP time (sec) continuity availability (acceptable
specifications (probability) (probability) rate/flight
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1350 Kenya Subsidiary Legislation, 2018

RSP hour)
specification
RSP 180 180 0.999 0.999 FOM =
0.9999 Navigation
(efficiency) specification
(See Note 3) Time at
position
accuracy = +/-
1 sec
Data integrity
(malfunction)
= 10-5
RSP RSP delivery RSP RSP RSP integrity
specification time (sec) continuity availability (acceptable
(probability) (probability) rate/flight
hour)
RSP 400 400 0.999 0.999 FOM =
Navigation
specification
Time at
position
accuracy = +/-
30 sec
Data integrity
(malfunction)
= 10-5

THIRD SCHEDULE
PENALTIES
REGULATION 104(8),(9),(11)&(12)
REG. NO. TITLE PART
3 General instrument and equipment requirements B
4 General requirements. A
5 Navigation Equipment A
6 Minimum flight and Navigational instruments VFR Operations: Aeroplane A
7 Minimum flight and Navigational Instrument-IFR Operations: Aeroplane A
8 Navigation Equipment: Helicopter A
9 Additional Requirements for single –engine turbine-powered aeroplanes:Night and IMC A
Operations
10 Additional Requirements for Helicoptes in performamce Class 3 In Instrument A
Metorological Conditions(IMC):Helicopters
11 Navigation equipment for operations in minimal navigation performance specification B
airspace (MNPS)
12 Equipment for operations in reduced vertical separation minimum airspace (RVSM). B
13 Communication equipment: Aeroplane A
 Kenya Subsidiary Legislation, 2018 1351

14 Communication equipment: Helicopters A

15 Airborne Collision Avoidance System(ACAS II): Aeroplane A
16 Airborne Collision Avoidance System(ACAS ): Helicopters A
17 Forward Looking wind shear warning system-Turbojet Aeroplane A
18 Pressure-Altitude Reporting Transponder: Aeroplane A
19 Pressure-Altitude Reporting Transponder: Helicopter A
20 Crewmember interphone system: Aeroplane. A
21 Crewmember interphone system: Helicopter. A
22 Aeroplane lights and instrument illumination. A
23 Mach Number Indicator B
24 Altitude alerting system. B
25 Ground proximity warning system. A
26 Weather radar. A
27 Cockpit voice recorders and cockpit audio recording systems: Aeroplane A
28 Cockpit voice recorders and cockpit audio recording systems : Helicopter A
29 Flight data recorders : Aeroplanes A
30 Flight data recorders: Helicopters. A
31 Data link recorders A
32 Head-up displays (HUD) or enhanced vision systems (EVS). A
33 All Aeroplanes On Flights Over Water A
34 Emergency lighting. A
35 Exits. A
36 Emergency Locators transmitter: Aeroplanes A
37 Emergency Locators transmitter: Helicopters A

38 Portable Fire Extinguishers A

39 Lavatory Fire Extinguisher A
40 Lavatory Smoke Detector A
41 Crash axe. A
42 Marking of break-in points. A
43 Medical Supplies: Aeroplanes A
44 Medical Supplies: Helicopters A
45 Oxygen Supply: Aeroplane A
46 Oxygen Supply: Helicopters A
47 Crew Members Use of Oxygen A
48 Protective breathing equipment. A
49 Megaphones: Aeroplane. A
50 Megaphones: helicopters. A
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1352 Kenya Subsidiary Legislation, 2018

51 Life Jackets A
52 Life rafts;Aeroplane A
53 Life raft:Helicopter
54 Seats, safety belts and shoulder harnesses. A
55 Passenger and pilot compartment doors. A
56 Passenger information signs. A
57 Public address system. A
58 Materials for cabin interiors. A
59 Materials for cargo and baggage compartments. A
60 Power supply, distribution and indication system. A
61 Protective circuit fuses. A
62 Emergency power supply. A
63 Operations of Aeroplanes or Helicopters in icing conditions A
64 Icing detection. A
65 Pitot indication systems. A
66 Static pressure system. A
67 Windshield wipers. A
68 Chart holder. A
69 Radiation Indicators A
70 Least risk bomb location A
71 Marking and Placards A
72 Electronic Flight Bag A
73 Surveillance Equipment A
74 Installation A
75 Location of An Aeroplane in Distress A
81 Use and retention of records. B
82 Reports of violation. B
83 Enforcement of directions A
Made on 12th June, 2018.
JAMES MACAHARIA,
Cabinet Secretary for
Transport, Infrastructure, Housing and Urban Development.

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