83
PART I RPAS Policy
PART I
RPAS Policy
THE REPUBLIC OF KENYA
POLICY
ON REMOTELY
PILOTED AIRCRAFT SYSTEMS
(RPAS)
1
POLICY ON REMOTELY PILOTED AIRCRAFT SYSTEMS (RPAS)
As a signatory to the Chicago Convention and a member of the International Civil
Aviation Organization (ICAO), Kenya has undertaken to comply with the provisions of
the Convention and the Standards and Recommended Practices (SARPs) contained
in the Annexes to the Convention, except where it has filed a difference to any of
those standards.
The Convention specifies policy requirements for Contracting States with regard to
operation of RPAS in Articles 3 and 8. Although ICAO has not developed SARPs
relating to Remotely Piloted Aircraft Systems (RPAS), it has published the Manual on
Remotely Piloted Aircraft Systems (RPAS), ICAO Doc. 10019, which provides a basis
for Contracting States to develop regulatory requirements for RPAS operations.
The Civil Aviation Act “provides for control, regulation and orderly development of
civil aviation in Kenya”. The Act establishes the Kenya Civil Aviation Authority (KCAA)
whose object and purpose is to economically and efficiently plan, develop and
manage civil aviation.
RPAS are a new component of the global aviation system. Kenya is working towards
integrating RPAS into its civil aviation regulatory framework. It is Kenya’s policy to
promote and facilitate civil aviation activities involving RPAS by ensuring provision of
effective regulatory controls of their operations.
The objective of this Policy therefore is to provide a regulatory framework
to support the operations of RPAS throughout the country in a safe, secure,
harmonized, and seamless manner comparable to that of manned operations.
The following subjects are not within the scope of this policy:
a) State aircraft;
b) Unmanned free balloons or airships;
c) Operations in which more than one Remotely Piloted Aircraft (RPA) is being
managed by a Remote Pilot Station (RPS) at the same time.
This policy is consistent with the existing legislation and will assist in the
development of RPAS-specific regulations. In the interest of national security and
aviation safety, it is the policy of the Government of Kenya (GoK) that:
a) All persons, institutions or entities intending to import, test, operate, procure,
manufacture or assemble, RPAS shall apply for authorization from the KCAA. The
authorization shall be subject to necessary security clearance by relevant
security agencies and approval by the Ministry of Defence.
2
b) Any approval granted to import, test, operate, procure, manufacture or assemble
RPAS shall be subject to cancellation in the interest of national security and/or
aviation safety.
c) RPAS shall be operated in such a manner as to minimize hazards to persons,
property or other aircraft and in accordance with the conditions specified by the
Authority from time to time.
d) No person shall operate a RPAS unless it has been registered in accordance with
the Civil Aviation Act and any regulations made there under.
e) RPAS operations shall not be in close proximity to prohibited areas, protected
areas and restricted areas as defined in national legislation.
f) No Kenyan registered, RPAS shall be flown over the territory of any other State
without special authorization by that State.
g) The transfer, deregistration and disposal of RPAS shall be in accordance with the
Civil Aviation Act and any regulations made there under.
h) No Kenyan registered RPAS shall be taken out of Kenya without authorization by
KCAA.
i) An RPAS must have adequate security to protect the system from unauthorized
modification, interference, corruption or control/command action.
j) RPAS shall be operated in accordance with the rules governing the flight of
manned aircraft and meet equipment requirements applicable to the class of
airspace within which they intend to operate except where KCAA shall provide
otherwise.
k) KCAA may declare any other area(s) within which operation of RPAS are restricted
or prohibited.
l) Any person manning/controlling RPAS operations must undergo training as
prescribed by KCAA and be familiar with the relevant rules and procedures
applicable within any airspace(s) through which the aircraft may be flown.
m) The flight of RPAS in airspace(s) open to other civil aircraft shall be so controlled as
to obviate danger to civil aircraft in accordance with Civil Aviation (Rules of the Air)
Regulations.
n) Any RPAS outside Kenyan segregated areas will not increase the risk to existing
users and will not deny airspace to them.
o) RPAS for Commercial operations shall be subject to Civil Aviation (Safety
Management) Regulations.
p) Every RPAS shall be insured, as a minimum against third party risk.
3
q) RPAS shall not be operated in such a manner as to infringe on the privacy of
Individuals or entities.
r) Any authorization granted for operation of RPAS may be withdrawn or cancelled in
the interest of national security and/or aviation safety.
Signed……………………………………………………………………..
Mr. James Macharia, EGH
Cabinet Secretary for the Ministry of Transport, Infrastructure,
Housing and Urban Development
PART II
RPAS Regulations
LEGAL NOTICE NO.…………………. Published on………………………
THE CIVIL AVIATION ACT (ACT NO 42 Of 2016)
REGULATIONS
(Made under Section …………)
THE CIVIL AVIATION (REMOTELY PILOTED AIRCRAFT SYSTEMS) REGULATIONS, 2017
1
ARRANGEMENT of REGULATIONS
PART I
PRELIMINARY PROVISIONS
1. Citation
2. Interpretation
3. Application
PART II
CLASSIFICATION AND REGISTRATION OF RPAS
4. Categorization/Classification of RPAS
5. Ownership of RPAS
6. Import and Export of RPAS
7. Manufacture, Assembly and Testing RPAS
8. Registration of RPAS
9. De-registration
10. Airworthiness of RPAS
PART III
OPERATION OF RPAS
11.
General Obligation of an RPAS Owner and Operator
12. Authorisation of RPAS Operations
13. Prohibited Operation of RPAS
14. Carriage of Dangerous Goods
15. RPAS Operating Limitations
16. Operation in Congested Areas and Crowds
17. Collision Avoidance
18, Certifications Of RPAS Pilot/Instructors
19. Reporting of Incidents and Accidents Relating to RPAS Operations
20 International RPAS Operation
21. Cancellation, Suspension or Variation of Authorisation
22. Flight Plans
23. Emergencies and Contingency Links
24. Command and Control
25. ATC Communication
26. Operation in the Vicinity of Aerodromes
27. Operations at an Aerodrome
2
PART IV
RECREATIONAL AND SPORTS RPAS OPERATIONS
28. Recreational and Sports RPAS Operations
29. Training Requirements for Recreational and Sports RPAS Operations
PART V
PRIVATE RPAS
30. Private RPAS Operations
31. Training Requirements for Private RPAS Operations
PART VI
COMMERCIAL OPERATION OF RPAS
32. ROC Compliance
33. Application for an RPAS Operator Certificate
34. Issuance of an ROC
35. Validity and Renewal of an RPAS Operator Certificate
36. Amendments of an ROC
37. Conducting Surveillance, Tests And Inspections
38. Personnel Required For RPAS Commercial Operations
39. Operations Manual
40. Authorisation for Commercial RPAS Operations
41. Certification of RPAS Pilots
42. Eligibility Requirements for RPAS Pilot Certificate
43. Validity of RPAS Pilots Certificate
44. Consumption of Alcohol and Drugs
45. Training Requirements for Commercial RPAS Operations 46. Instruments and Equipment Requirements
PART VII SECURITY REQUIREMENTS FOR RPAS
OPERATIONS
47. Security Programme Requirements
48. Security Obligations for RPAS Operators
49. Acts of Unlawful Interference against Civil Aviation
3
PART VIII
GENERAL PROVISIONS
50. Records
51. Insurance
52 RPAS Multi-Agency Committee
53. Privacy of Persons and Property
54. Discharge or Dropping of Goods
55. Reports of Violation
PART IX
OFFENCES AND PENALTIES
56. Importation without authority
57. Manufacture, assembly or testing without authorization
58. Owning Without Registration
59. Operating RPAS without authorization
60. Prohibited Operation of RPAS
61. Failure to display identifier/ registration
62. Unlawful Interference of RPAS Operations
63. Non -compliance
PART X
SAVING AND TRANSITIONAL PROVISIONS
64. Savings and Transition
FIRST SCHEDULE - Certification of RPAS Pilot
SECOND SCHEDULE - RPAS Operations Manual
THIRD SCHEDULE - Operational Guidelines for RPAS Clubs
4
PART I - PRELIMINARY PROVISIONS
1. Citation These regulations may be cited as the Civil Aviation (Remotely Pilot- ed
Aircraft Systems) Regulations, 2017.
2. Interpretation
In these regulations unless the context otherwise requires –
“Accident” means an occurrence associated with the operation of
RPAS which takes place between the time the RPAS is ready to move
with the purpose of flight until such time as it comes to rest at the end
of the flight and the primary propulsion system is shut down, in which:
(a) a person is fatally or seriously injured as a result of:
i. being in the aircraft, or
ii. direct contact with any part of the aircraft, including parts
which have become detached from the aircraft, or
iii. direct exposure to jet blast, except when the injuries are
from natural causes, self-inflicted or inflicted by oth- er
persons, or when the injuries are to stowaways hiding
outside the areas normally available to the passengers and
crew; or
(b) the aircraft sustains damage or structural failure which:
(i) adversely affects the structural strength, performance or
flight characteristics of the aircraft, and
(ii) would normally require major repair or replacement of the
affected component, except for engine failure or damage,
when the damage is limited to a single engine (including its
cowlings or accessories), to propellers, wing tips, anten- nas,
probes, vanes, tires, brakes, wheels, fairings, panels,
landing gear doors, windscreens, the aircraft skin (such as
small dents or puncture holes), or for minor damages to
main rotor blades, tail rotor blades, landing gear, and those
resulting from hail or bird strike (including holes in the
radome); or
(c) the aircraft is missing or is completely inaccessible.
5
“Aerial work” means an aircraft operation in which an aircraft is
used for specialized services such as agriculture, construction, pho-
tography, surveying, observation and patrol, search and rescue, ae- rial
advertisement.
“Aerodrome” means a defined area on land or water (including any
buildings, installations and equipment) intended to be used either
wholly or in part for the arrival, departure and surface movement of
aircraft.
“Airborne Collision Avoidance System (ACAS)” means an aircraft
system based on secondary surveillance radar (SSR) transponder
signals which operates independently of ground-based equipment to
provide advice to the pilot on potential conflicting aircraft that are
equipped with SSR transponders.
“Aircraft” means any machine that can derive support in the atmo-
sphere from the reactions of the air other than the reactions of the air
against the earth’s surface.
“RPAS category” means classification of RPAS according to specified
as specified in these Regulations.
“Air traffic” means all aircraft in flight or operating on the manoeu-
vring area of an aerodrome.
“Air Traffic Control Clearance” means authorization for an aircraft to
proceed under conditions specified by an air traffic control unit. Note
1.— For convenience, the term “air traffic control clearance” is fre-
quently abbreviated to “clearance” when
used in appropriate contexts.
Note 2.— The abbreviated term “clearance” may be prefixed by the
words “taxi”, “take-off”, “departure”, “en route”, “approach” or “landing”
to indicate the particular portion of flight to which the air traffic control
clearance relates.
6
“Air Traffic Control Service” means a service provided for the pur-
pose of:
(a) preventing collisions:
i. between aircraft, and
ii. on the manoeuvring area between aircraft and obstruc-
tions; and
(b) expediting and maintaining an orderly flow of air traffic.
“Air Traffic Control Unit” means a generic term meaning various- ly,
area control centre, approach control unit or aerodrome control tower.
“Air Traffic Service” means a generic term meaning variously, flight
information service, alerting service, air traffic advisory service, air
traffic control service (area control service, approach control service or
aerodrome control service).
“Air traffic services unit” means a generic term meaning variously,
air traffic control unit, flight information centre or air traffic services
reporting office.
“Appropriate ATS authority” means the relevant authority designat- ed
by the State responsible for providing air traffic services in the
airspace concerned.
“Appropriate authority” means
(a) regarding flight over the high seas: the relevant authority of the
State of Registry.
(b) regarding flight other than over the high seas: the relevant
authority of the State having sovereignty over the territory be- ing
overflown.
“Authority” means the Kenya Civil Aviation Authority;
“Automatic Dependent Surveillance — Broadcast (ADS-B)” refers to
means by which aircraft, aerodrome vehicles and other objects can
automatically transmit and/or receive data such as identification,
position and additional data, as appropriate, in a broadcast mode via a
data link.
“Autonomous aircraft” means an unmanned aircraft that does not
allow pilot intervention in the management of the flight.
7
“Autonomous operation” means an operation during which a re-
motely piloted aircraft is operating without pilot intervention in the
management of the flight.
“Command and Control (C2) link” means the data link between the
remotely piloted aircraft and the remote pilot station for the purpos- es
of managing the flight.
“Commercial air transport operation” means an aircraft operation
involving the transport of passengers, cargo or mail for remunera- tion
or hire.
“Commercial operation of RPAS” means any RPAS operations for
hire, profit, gain, remuneration or earnings.
“Conspicuity” means quality of an aircraft (e.g. lighting or paint
scheme), allowing it to be easily seen or noticed by others (e.g. by
pilots, ATCOs, aerodrome personnel).
“Continuing airworthiness” means the set of processes by which an
aircraft, engine, propeller or part complies with the applicable air-
worthiness requirements and remains in a condition for safe opera- tion
throughout its operating life.
“Control area” means a controlled airspace extending upwards from a
specified limit above the earth.
“Controlled aerodrome” means an aerodrome at which air traffic control
service is provided to aerodrome traffic.
Note — The term “controlled aerodrome” indicates that air traffic con-
trol service is provided to aerodrome traffic but does not necessarily
imply that a control zone exists.
“Controlled airspace” means an airspace of defined dimensions
within which air traffic control service is provided in accordance with
the airspace classification.
Note — Controlled airspace is a generic term which covers ATS
airspace
Classes A, B, C, D and E as described in Annex 11,
2.6.
8
“Controlled flight” means any flight which is subject to an air traffic
control clearance.
“Controller-Pilot Data Link Communications (CPDLC)” refers to
means of communication between controller and pilot, using data link
for ATC communications.
“Control zone” means controlled airspace extending upwards from
the surface of the earth to a specified upper limit.
“Data link communications” means form of communication in-
tended for the exchange of messages via a data link.
“Detect and avoid” means the capability to see, sense or detect con-
flicting traffic or other hazards and take the appropriate action.
“Fatigue” means a physiological state of reduced mental or phys-
ical performance capability resulting from sleep loss or extended
wakefulness, circadian phase, or workload (mental and/or physical
activity) that can impair a crew member’s alertness and ability to safely
operate an aircraft or perform safety-related duties.
“Fatigue Risk Management System (FRMS)” means data-driven
means of continuously monitoring and managing fatigue related safety
risks, based upon scientific principles and knowledge as well as
operational experience that aims to ensure relevant personnel are
performing at adequate levels of alertness.
“Flight data analysis” means process of analyzing recorded flight
data in order to improve the safety of flight operations.
“Flight duty period” means a period which commences when a
remote crew member is required to report for duty that includes a flight
or a series of flights and which finishes when the remote crew
member’s duty ends.
9
“Flight plan” means specified information provided to air traffic ser-
vices units, relative to an intended flight or portion of a flight of an
aircraft.
“Flight recorder” means any type of recorder installed in the aircraft for
the purpose of complementing accident/incident investigation. In the
case of remotely piloted aircraft, it also includes any type of recorder
installed in a remote pilot station for the purpose of com- plementing
accident/incident investigation.
“Flight time” means the total time from the moment an aircraft first
moves for the purpose of taking off until the moment it finally comes to
rest at the end of the flight.
Note.— Flight time as here defined is synonymous with the term “block
to block” time or “chock to chock” time in general usage which is
measured from the time an aircraft first moves for the purpose of
taking off until it finally stops at the end of the flight.
“Flight visibility” means the visibility forward from the cockpit of an
aircraft in flight.
“Human performance” means human capabilities and limitations
which have an impact on the safety and efficiency of aeronautical
operations.
“IFR” means the symbol used to designate the instrument flight rules.
“IFR flight” means a flight conducted in accordance with the instru-
ment flight rules.
“Incident” means an occurrence, other than an accident, associat-
ed with the operation of an aircraft which affects or could affect the
safety of operation.
10
Note.— The types of incidents which are of interest for safety-related
studies include the incidents listed in Annex 13, Attachment C.
“Instructions for Continuing Airworthiness (ICA)” means a set of
descriptive data, maintenance planning and accomplishment in-
structions, developed by a design approval holder in accordance with
the certification basis for the aeronautical product. The ICAs provide
air operators with the necessary information to develop their own
maintenance programme and also for approved mainte- nance
organizations to establish the accomplishment instructions.
“Instrument Meteorological Conditions (IMC)” means meteorolog-
ical conditions expressed in terms of visibility, distance from cloud, and
ceiling, less than the minima specified for visual meteorological
conditions.
“Landing area” means that part of a movement area intended for the
landing or take-off of aircraft.
“Maintenance” means the performance of tasks required to ensure
the continuing airworthiness of an aircraft, including any one or
combination of overhaul, inspection, replacement, defect rectifica- tion
and the embodiment of a modification or repair.
“Maintenance organization’s procedures manual” means a docu-
ment which details the maintenance organization’s structure and
management responsibilities, scope of work, description of facili- ties,
maintenance procedures, and quality assurance, or inspection
systems. This document is normally endorsed by the head of the
maintenance organization.
“Maintenance programme” means a document which describes the
specific scheduled maintenance tasks and their frequency of com-
pletion and related procedures, such as a reliability programme,
necessary for the safe operation of those aircraft to which it applies.
11
“Manoeuvring area” means that part of an aerodrome to be used for
the take-off, landing and taxiing of aircraft, excluding aprons.
“Master Minimum Equipment List (MMEL)” means a list established
for a particular aircraft type by the organization 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 at the
commencement of a flight. The MMEL may be associated with spe-
cial operating conditions, limitations or procedures.
“Minimum Equipment List (MEL)” means a list which provides for
the operation of aircraft, subject to specified conditions, with par-
ticular equipment inoperative, prepared by an operator in confor- mity
with, or more restrictive than, the MMEL established for the aircraft
type.
“Movement area” means that part of an aerodrome to be used for the
take-off, landing and taxiing of aircraft, consisting of the manoeu-
vring area and the apron(s).
“Operational control” means the exercise of authority over the ini-
tiation, continuation, diversion or termination of a flight in the in- terest
of the safety of the aircraft and the regularity and efficiency of the flight.
“Operations manual” means a manual containing procedures, in-
structions and guidance for use by operational personnel in the exe-
cution of their duties.
“Operations specifications” means the authorizations, conditions
and limitations associated with the RPAS operator certificate and
subject to the conditions in the operations manual.
“Operator” means a person, organization or enterprise engaged in or
offering to engage in an aircraft operation.
“Private operation of RPAS” means RPAS operation for individual,
personal and private purpose where there is no commercial interest or
gain including academic research.
12
Note. - In the context of remotely piloted aircraft, an aircraft operation
includes the remotely piloted aircraft
system.
“Remote crew member” means a crew member charged with du-
ties essential to the operation of a remotely piloted aircraft system
during a flight duty period.
“Remote cruise relief pilot” means a remote flight crew member
who is assigned to perform remote pilot tasks during cruise flight, to
allow the remote pilot-in-command to obtain planned rest.
“Remote flight crew member” means a licensed crew member
charged with duties essential to the operation of a remotely piloted
aircraft system during a flight duty period.
“Remote pilot” means a person charged by the operator with duties
essential to the operation of a remotely piloted aircraft and who ma-
nipulates the flight controls, as appropriate, during flight time.
“Remote pilot-in-command” means the remote pilot designated by
the operator as being in command and charged with the safe con- duct
of a flight.
“Remote pilot station” means the component of the remotely piloted
aircraft system containing the equipment used to pilot the remotely
piloted aircraft.
“Remotely Piloted Aircraft (RPA)” means an unmanned aircraft
which is piloted from a remote pilot station.
“Remotely Piloted Aircraft System (RPAS)” means a remotely pilot-
ed aircraft, its associated remote pilot station(s), the required com-
mand and control links and any other components as specified in
the type design.
13
“Remotely piloted aircraft system operating manual” means a man-
ual, acceptable to the State of the Operator, containing normal,
abnormal and emergency procedures, checklists, limitations, per-
formance information, details of the RPA and each associated RPS
model and other material relevant to the operation of the remotely
piloted aircraft system.
Note.— The remotely piloted aircraft system operating manual is part
of the operations manual.
“Required Communication Performance (RCP)” means a statement
of the performance requirements for operational communication in
support of specific ATM functions.
“Required Communication Performance type (RCP type)” means a
label (e.g. RCP 240) that represents the values assigned to RCP pa-
rameters for communication transaction time, continuity, availabil- ity
and integrity.
“Rest period” means a continuous and defined period of time, sub-
sequent to and/or prior to duty, during which remote crew mem- bers
are free of all duties.
“Risk mitigation” means the process of incorporating defences or
preventive controls to lower the severity and/or likelihood of a haz- ard’s
projected consequence.
“Rotorcraft” means a power-driven heavier-than-air aircraft sup-
ported in flight by the reactions of the air on one or more rotors.
“RPA observer” means a trained and competent person designated
by the operator who, by visual observation of the remotely piloted
aircraft, assists the remote pilot in the safe conduct of the flight.
“RPAS Operator Certificate (ROC)” means a certificate authorizing
an operator to carry out specified RPAS operations.
14
“Safety” means the state in which risks associated with aviation ac-
tivities, related to, or in direct support of the operation of aircraft, are
reduced and controlled to an acceptable level.
“Safety Management System (SMS)” means systematic approach to
managing safety, including the necessary organizational structures,
accountabilities, policies and procedures.
“Safety performance” means State or a service provider’s safety
achievement as defined by its safety performance targets and safety
performance indicators.
“Safety performance indicator” means data-based safety parameter
used for monitoring and assessing safety performance.
“Safety risk” means the predicted probability and severity of the
consequences or outcomes of a hazard.
“Segregated airspace” means Airspace of specified dimensions
allocated for exclusive use to a specific user(s).
“Sports and Recreational operation of RPAS” means any operation
of RPAS for the sole purpose of leisure, competion, entertainment and
games.
“State of Design” means the State having jurisdiction over the orga-
nization responsible for the type design.
“State of Manufacture” means the State having jurisdiction over the
organization responsible for the final assembly of the aircraft.
“State of Registry” means the State on whose register the aircraft
is entered.
‘State of the Operator” means the State in which the operator’s
principal place of business is located or, if there is no such place of
business, the operator’s permanent residence.
“State Safety Programme (SSP)” means integrated set of regulations
and activities aimed at improving safety.
15
“Target Level of Safety (TLS)” means a generic term representing the
level of risk which is considered acceptable in particular circumstances.
“Toy” means a RPAS that is less than 2 kilograms gross weight, not
powered by any fuel system, not capable of carrying any payload, not
fitted with a camera and is operated at a maximum height of 50 feet
above ground level, a lateral distance of 50 metres from the op- erator
and a maximum speed of 10 knots.
“Traffic avoidance advice” means advice provided by an air traffic ser-
vices unit specifying manoeuvres to assist a pilot to avoid a collision.
“Traffic information” means information issued by an air traffic ser-
vices unit to alert a pilot to other known or observed air traffic which may
be in proximity to the position or intended route of flight and to help the
pilot avoid a collision.
“Type certificate” means document issued by a Contracting State to
define the design of an aircraft type and to certify that this design
meets the appropriate airworthiness requirements of that State.
“Unmanned free balloon” means non-power-driven, unmanned,
lighter-than-air aircraft in free flight.
“VFR” means the symbol used to designate the visual flight rules.
“VFR flight” means flight conducted in accordance with the visual
flight rules.
“Visibility” means visibility for aeronautical purposes is the greater of:
(a) the greatest distance at which a black object of suitable di-
mensions, situated near the ground, can be seen and recog-
nized when observed against a bright background;
(b) the greatest distance at which lights in the vicinity of 1 000 can-
delas can be seen and identified against an unlit background.
16
Note 1. - The two distances have different values in air of a given
extinc-
tion coefficient, and the latter b) varies with the background illumination.
The former a) is represented by the meteorological optical range
(MOR).
Note 2. - The definition applies to the observations of visibility in
local routine and special reports, to the observations of prevailing and
mini- mum visibility reported in the aerodrome routine meteorological
report (METAR) and aerodrome special meteorological report (SPECI)
and to the observations of ground visibility.
“Visual Line-of-Sight (VLOS) operation” means an operation in
which the remote pilot or RPA observer maintains direct unaided visual
contact with the remotely piloted aircraft.
“Visual Meteorological Conditions (VMC)” means meteorological
conditions expressed in terms of visibility, distance from cloud, and
ceiling, equal to or better than specified minima.
3. Application (1) These regulations shall apply to any person who imports, tests,
operates, procures, assembles, manufactures or maintains RPAS
registered in Kenya wherever they may be and any other RPAS
operating in Kenya.
(2) Notwithstanding regulation 3(1) above these regulations shall
not apply to:
(a) State aircraft;
(b) Unmanned free balloons or airships;
(c) Operation of toys provided that no toy shall be operated
within an aerodrome and not less than 500metres from the
aerodrome boundaries, in or around Strategic Installations,
Radar Sites, high tension cables and Communication Masts,
Prisons, Police Stations, Courts of Law and Scenes of Crime.
17
PART II - CLASSIFICATION AND REGISTRATION OF RPAS
4. Categorization/
Classification
of RPAS
(Equipment)
(1) RPAS shall be classified and categorized by weight and use.
18
(2) The three classes shall be:
(a) Class 1: that weigh 5 kilograms and below including any
payload carried by the RPAS;
(b) Class 2: that weight more than 5 kilograms but less than
25 kilograms including any payload carried by the ; and
(c) Class 3: that weight 25 kilograms and above including any
payload carried by the RPAS.
(3) Each of the above classes shall be category as follows:
(a) Category A: utilized for recreational and sports purposes
only;
(b) Category B: utilized for private activities excluding recre-
ational and sports purposes; and
(c) Category C: utilized for commercial activities.
Cat A
Recreational and Sports
Cat B
Private
Cat C
Commercial
Class 1 0 – 5kgs
1A 1B 1C
Class 2 5 – 25kgs
2A
2B
2C
Class 3 25kgs and above
3A
3B
3C
5. Ownership
of RPAS
(1) A person shall be eligible to own a RPAS if they are :–
(a) A Kenyan Citizen; (b)
A resident in Kenya;
(c) A company registered in Kenya;
(d) The Government of Kenya;
(e) Minimum age of eighteen (18) years.
(2) Change of ownership of a RPAS shall be notified to the Au-
thority in writing within seven days.
(3) A person shall not own, register or operate RPAS with mili-
tary specifications.
6. Import & Ex-
port of RPAS
(1) A person shall not import a RPAS or a component thereof with-
out a permit issued by the Authority subject to necessary secu- rity
clearance by relevant security agencies and approval by the
Ministry of Defence.
19
(2) A person who intends to export a Kenyan registered RPAS shall
notify the Authority in writing and obtain a deregistration
certificate.
7. Manufacture,
Assembly and
Testing
Any person intending to manufacture, assemble or test a RPAS or a
component thereof shall apply for authorization from Authority sub- ject
to necessary security clearance by relevant security agencies.
8. Registration of
RPAS
9. De-registra-
tion of RPAS
(1) An operator or owner of a RPAS shall seek for registration
with the Authority subject to necessary security clearance by
relevant security agencies.
(2) The Authority shall establish and implement a system for regis-
tration, identification of RPAS in Kenya and the display thereof.
(3) Any modification to the specifications of registered RPAS shall be
subject to clearance by the authority.
(1) The Authority may de-register or cancel the registration of a
RPAS under the following circumstances:
(a) Upon application of the RPAS owner for purposes of register-
ing the RPAS in another State; or
(b) Upon destruction of the RPAS or its permanent with-
drawal from use.
(c) In the interest of National Security.
10. Airworthi-
ness of RPAS
11. General
Obligation of
an RPAS Owner
and Operator
(1) A RPAS owner or operator shall ensure that all its com-
ponents are in working order and in accordance with the
manufacturers’ user manual.
(2) The Authority may require RPAS of a certain class and category
with a type certificate to obtain a certificate of airworthiness.
PART III - OPERATION OF RPAS
(1) The RPAS operator shall be responsible for the safe
conduct of its operations.
20
(2) The RPAS operator shall comply with all requirements estab-
lished by the Authority regarding its operation.
(3) The RPAS operator shall be responsible for contracted services
from providers (e.g. communications service providers), as nec-
essary, to carry out its operations.
(4) Responsibility for operational control shall rest with the regis-
tered owner or operator of the RPAS.
(5) The RPAS owner or operator shall ensure that it is registered in
accordance with the provisions of these regulations.
(6) Unless otherwise specified by the Authority the request for au-
thorization for operation shall include the following:
(a) Name and contact information of the operator;
(b) RPAS characteristics (type of aircraft, maximum certifi-
cated take-off mass, number of engines, wing span);
(c) Copy of certificate of registration;
(d) Aircraft identification to be used in radiotelephony, if ap-
plicable;
(e) Copy of the certificate of airworthiness; (f)
Copy of the RPAS operator certificate; (g)
Copy of the remote pilot(s) licence;
(h) Copy of the aircraft radio station licence, if applicable;
(i) Description of the intended operation (to include type of
operation or purpose), flight rules, visual line-of-sight (VloS)
operation if applicable, date of intended flight(s), point of
departure, destination, cruising speed(s), cruising level(s),
route to be followed, duration/frequency of flight;
(j) Take-off and landing requirements;
(k) RPAS performance characteristics, including: (i)
Operating speeds;
(ii) Typical and maximum climb rates; (iii)
Typical and maximum descent rates; (iv)
Typical and maximum turn rates;
21
(v) Other relevant performance data (e.g. limitations re-
garding wind, icing, precipitation); and
(vi) Maximum aircraft endurance;
(l) Communications, navigation and surveillance capabilities; (i)
Aeronautical safety communications frequencies and
equipment, including:
(ii) ATC communications, including any
alternate means of communication;
(iii) Command and control links (C2) including perfor-
mance parameters and designated operational cover-
age area;
(iv) Communications between remote pilot and RPA
observer, if applicable;
(v) Navigation equipment; and
(vi) Surveillance equipment (e.g. SSR transponder, ADS-B);
(m) Detect and avoid capabilities;
(n) Emergency procedures, including but not limited to: (i)
Communications failure with ATC;
(ii) C2 failure; and
(iii) Remote pilot/RPA observer communications
failure, if applicable;
(iv) Number and location of remote pilot stations as well as
handover procedures between remote pilot stations, if
applicable;
(v) Document attesting noise certification, if applicable; (vi)
Confirmation of compliance with the Civil
Aviation (Security) Regulations;
(vii) Payload information/description; and
(viii) Proof of adequate insurance coverage.
(7) Where documents identified in sub-regulation (6) above are is-
sued in a language other than English, the RPAS operator shall
ensure that an English translation is included.
(8) RPAS shall meet the performance and equipment carriage require-
ments for the specific airspace in which the flight is to operate.
12. Authorisation
of RPAS
Operations
(1) A person shall not operate a RPAS in Kenya without authorisa-
tion from the Authority.
22
(2) RPAS operators shall be authorised in accordance with the cate-
gory of use, for purposes of:
(a) Authorisation to operate RPAS for recreation and sports, shall
be through registered clubs established in accordance with the
provisions of Part IV of these regulations;
(b) RPAS for private use, authorisation shall be granted to the op-
erator directly by the Authority in accordance with the pro-
visions of Part V of these regulations;
(c) RPAS for commercial use, authorisation shall be issued in ac-
cordance with the provisions of Part VI of these regulations.
(3) The Authority may grant upon application a temporary permit to
person(s) intending to operate RPAS not registered in Kenya;
(a) For a period of thirty days renewable once;
(b) Such application shall be submitted to the Authority online
and processed within 14 days.
13. Prohibited
Operation of
RPAS
A person shall not operate a RPAS, negligently or recklessly;–
(a) In manner that endangers other aircraft, persons or property; (b)
In or around a prohibited or a restricted area, the particu-
lars of which have been duly published in the Kenya Aero-
nautical Information Publication, except in accordance with the
conditions of the restrictions or by permission granted by the
Authority;
(c) In or around Strategic Installations, Radar Sites, high tension
cables and Communication Masts, Prisons, Police Stations,
Courts of Law, Scenes of Crime, except in accordance with
the conditions of the restrictions or by permission granted by
the Authority.
23
14. Carriage of (1) A person shall not take or cause to be taken on board a RPAS or
Dangerous
Goods
deliver or cause to be delivered for loading thereon any goods
which that person knows or has reasonable cause to know to be
dangerous goods.
(2) Dangerous goods are defined as:
(a) Chemical and Biological substances;
(b) Nuclear material;
(c) Explosives;
(d) Arms, ammunition and munitions of war; (e)
Corrosive substances;
(f) Radioactive elements;
(g) Volatile liquids;
(h) Highly flammable liquids; (i)
Aerosol sprays;
(j) Any such materials and/or substances that may from time to
time be so classified by the Authority.
15. RPAS
Operating
Limitations
(1) A person shall not operate a RPAS at above 400 feet Above
Ground Level and within 50 meters of any person, vessel, vehi- cle
or structure which is not under the control of the person in charge
of the RPAS.
(2) Notwithstanding the provisions of sub regulation (1), operations for
private and commercial categories of RPAS may be conduct- ed at
such higher heights and lateral distances as the Authority may
approve.
(3) A person shall not operate a RPAS: –
(a) In conditions other than Visual Meteorological Conditions
(VMC);
(b) At night unless specifically cleared by the authority on a
case by case basis.
(4) Operating RPAS fitted with cameras and/or imaging devices at
heights or lateral distances where such cameras and/or imaging
devices capture information, pictures or videos extending beyond
the prescribed area of approved operation is prohibited.
24
16. Operations
in Congested
Areas and
Crowds
(1) A person shall not operate a RPAS at lateral distance of less than
50 metres from any person, building structure, vehicle, vessel or
animal not associated with the operations of RPAS unless other-
wise by the authorized by the Authority.
(2) Subject to para (1) above vertical limits shall no less above ground
level than 100 feet except when prescribed by the Authority.
17. Collision
Avoidance
18. Certifications
of RPAS Pilot/
Instructors
(1) All RPAS in controlled airspace shall operate in accordance with
the Civil Aviation (Rules of the Air) Regulations and as follows:
(a) A remote pilot must maintain awareness so as to see and
avoid other aircrafts and vehicles and must yield the right- of-
way to all aircrafts and vehicles;
(b) Yielding the right-of-way means that the remotely pilot- ed
aircraft must give way to the aircraft or vehicle and may not
pass over, under, or ahead of it unless well clear.
(2) No person shall operate a RPAS so close to another aircraft as to
create a collision hazard.
RPAS pilots/instructors for commercial operations shall be cer-
tified by the Authority in accordance with the Second Schedule to
these regulations.
19. Reporting of
RPAS Incidents
and Accidents
RPAS operator shall ensure that all incidents and accidents in-
volving RPAS are reported to the Authority in accordance to the
provisions of the Civil Aviation (Safety Management) Regulations.
20. International
RPAS
Operations
21. Cancellation,
Suspension or
Variation of
Authorisation
(1) A person shall not conduct an RPAS flight commencing at a place
within Kenya and terminating at a place outside without au-
thorisation from the State of destination or any other State over
whose airspace the RPAS shall fly.
(2) A person shall not conduct a RPAS flight commencing at a place
outside Kenya and terminating at a place within Kenya or over-
flying the Kenyan airspace without authorisation from the Au-
thority.
Notwithstanding the provisions of regulation 12 the Authority may, in
the interest of safety and national security, cancel, sus- pend or vary
any authorization granted under these regulations.
25
22. Flight Plans All RPAS flights shall file flight plans as specified in the conditions
hereunder;
(a) Flights in controlled airspace shall file flight plans as pre-
scribed for in the Aeronautical Information Publication (AIP).
(b) Flights in uncontrolled air space shall file flight plans as fol-
lows:
(i) Operations Within 5 kilometres out of launch area to
notify the nearest ATC;
(ii) Operations beyond 5 kilometres out of launch shall file
flight plans as stipulated in para (a) above.
23. Emergencies
and
Contingency
(c) RPAS operating below 400ft shall notify the nearest Air
Traffic Control.
RPAS operators shall develop and implement emergency and con-
tingency procedures acceptable to the Authority.
24. Command and
Control
(1) A RPAS owner or operator shall ensure that he or she has com-
mand and/or control of the RPAS at all times during the flight.
(2) Any RPAS owner or operator who loses command and/or control of
his RPAS must report to the Authority immediately.
25. ATC Commu-
nication
(1) RPAS pilots shall ensure that ATC is made aware of any operations
that shall take place in areas which are likely to affect manned
and controlled air traffic.
(2) The Air Navigation Service Provider (ANSP) shall establish pro-
cedures, acceptable to the Authority, for integration of RPAS op-
eration into the airspace to ensure aviation safety. Such proce-
dures shall include communication and surveillance detection.
(3) Procedures referred to in sub-regulation (2) shall prescribe re-
quired information to be passed to ATC by RPAS pilot before and
during RPAS operations.
26
26. Operation in Except with the written permission of the owner or operator of an
the Vicinity of
Aerodromes
aerodrome, the appropriate ANSP and approval from the Authority;
a person shall not operate a RPAS –
(a) within 10 kilometres of an aerodrome from the aerodrome
reference point for code C, D ,E and F aerodromes;
(b) within 7 kilometres of an aerodrome from the aerodrome ref-
erence point for code A and B aerodromes;
(c) on approach and take-off paths;
(d) within the vicinity of navigation aids; (e)
within the aerodrome traffic zone;
(f) within terminal traffic holding patterns;
27. Operations at
an Aerodrome
The Authority may upon approval of RPAS operation at an aero-
drome:
(a) Impose operating restrictions on the approval in the interest of
safety;
(b) Publish details of the approval in the appropriate element of the
Integrated Aeronautical Information Publication (IAIP);
(c) Revoke or change the conditions that apply to such approval
and publish details of any revocation or change in conditions in
the appropriate element of the IAIP.
PART IV - RECREATIONAL AND SPORTS OPERATION OF RPAS
28. Recreational
and Sports
RPAS
Operations
(1) RPAS operations for recreation and sports purposes shall be con-
ducted within registered clubs which are approved by the Au- thority
as set out in the Third Schedule of these regulations. Such
recognition shall be valid for twelve months.
(2) The Authority shall develop a system for approval of clubs in-
cluding requirements for composition, documentation and club
rules and regulations
27
(3) The clubs referred to in sub-regulation (1) shall provide the Au-
thority with details of their operation areas and times for ap-
proval
(4) The Authority shall segregate and notify through the applicable
element of the IAIP of such airspaces designated for use by RPAS
operators, including limitations that may apply.
29. Training
Requirements
for
Recreational
and Sports
RPAS
Operations
30. Private RPAS
Operations
(1) Clubs referred to in regulation 27 herein shall prescribe mini-
mum training requirements for RPAS operation under the club.
(2) Training requirements referred to in sub-regulation (1) above shall be
documented and submitted to the Authority for acceptance.
PART V – PRIVATE OPERATION OF RPAS
A person shall not operate RPAS for private purposes except with prior
authorization issued by the Authority and subject to the con- ditions
contained therein.
31. Training for
Private RPAS
Operations
The RPAS pilots will be trained in accordance with training require-
ments in the First Schedule to these regulations.
PART VI – COMMERCIAL OPERATION OF RPAS
32. ROC
Compliance
(1) An operator shall not engage in commercial RPAS operations un-
less the operator holds a valid RPA operator’s certificate (ROC)
issued by the Authority.
(2) The ROC referred to in sub regulation (1) shall authorise the op-
erator to conduct RPAS operations in accordance with the con-
ditions and limitations detailed in the operations specifications
attached to the ROC.
28
(3) The issuance of an ROC by the Authority is dependent upon the
RPAS operator demonstrating an adequate organization, meth- od
of control and supervision of flight operations, training pro-
gramme as well as ground handling and maintenance arrange-
ments consistent with the nature and extent of the operations
specified and commensurate with the size, structure and com-
plexity of the organization.
(4) A commercial RPAS operator shall establish and implement a
safety management system (SMS) in accordance with their op-
erational requirements established under the Civil Aviation Act or
any other regulations made there under.
33. Application
for RPAS
Operator
Certificate
(1) An operator applying to the Authority for an RPAS operator cer-
tificate (ROC) shall submit an application in a form and manner
prescribed by the Authority and containing any other informa- tion
the Authority may require.
(2) An applicant shall make the application for an initial issue or
reissue of an ROC at least sixty days before the date of the in-
tended operation.
34. Issuance of
ROC
(1) The Authority may issue an RPAS operator certificate (ROC) to
an applicant if that applicant:
(a) Meets the requirements of ownership stipulated at regula-
tion 5.
(b) meets the applicable regulations and standards for the
holder of an ROC;
(c) is properly qualified and adequately staffed and equipped to
conduct safe operations in commercial operations of the
RPAS;
(d) has an approved aircraft operator security programme in
accordance with the Civil Aviation (Security) Re g u lat ion s ,
and meets any other requirements as s p e c i f i e d
by t h e Authority.
29
35. Validity and (1) An RPAS operator certificate (ROC) issued by the Authority shall
Renewal
of an RPAS
Operator
Certificate
be valid for 12 months from the date of issue or renewal unless –
(a) a shorter period is specified by the Authority;
(b) the Authority amends, suspends, revokes or otherwise ter-
minates the certificate;
(c) an ROC holder surrenders it to the Authority;
(d) the ROC holder notifies the Authority of the suspension of
operations.
(2) An ROC which is suspended or revoked shall be returned to
the Authority.
(3) An applicant for an ROC which has expired shall make an
initial application.
36. Amendments
of ROC
(1) The Authority may amend an RPAS operator certificate (ROC) if
the:
(a) Authority determines that the amendment is necessary for the
safety of commercial RPAS operations.
(b) ROC holder applies for an amendment and the authority de-
termines that the amendment is necessary.
(c) The amendment is in the interests of national security.
(2) The ROC holder shall operate in accordance with the amendment
unless it is subsequently withdrawn.
37. Conducting
Surveillance,
Tests and
Inspections
The Authority shall conduct surveillance, inspections and tests on
the RPAS operator certificate (ROC) holder to ensure continued eli-
gibility to hold an ROC and associated approvals.
38. Personnel
Required
for RPAS
Commercial
Operations
(1) RPAS operator shall have accountable manager acceptable to the
authority, with corporate authority for ensuring that all neces- sary
resources are available to support ROC operations.
30
(2) The accountable manager shall have sufficient qualified and
competent personnel for the planned tasks and activities to be
performed in accordance with the applicable requirements.
(3) A RPAS operator should establish initial and recurrent training to
ensure continuing competence of its personnel.
39. Operations
Manual
A RPAS operator shall develop and submit to the Authority for ap-
proval an operation manual as set out in the Second Schedule to
these regulations.
40. Authorisation
for Commercial
RPAS
Operations
(1) An ROC holder shall not undertake commercial operations of
RPAS except with authorization issued by the Authority.
(2) Authorisation referred to in sub-regulation (1) shall be specific to
particular operations.
41. Certification
of RPAS
Pilots/
Instructors
(1) A person shall not operate a RPAS, for commercial or private
purposes, without a valid Certificate issued by the authority in
accordance with these regulations.
(2) An applicant for RPAS Pilots Certificate referred in sub-regula-
tion (1) above shall:
(a) be at least 18 years old;
(b) hold a current medical certificate Class 2;
(c) demonstrate English proficiency;
(d) hold a radio telephony licence;
(e) have completed a course of training approved by the Au-
thority; and
(f) have passed a knowledge and skill test;
(g) Prove of identity;
(h) Police clearance certificate.
31
(3) Where applicable, RPAS Pilot shall hold an appropriate rating for
the type of operations they will perform including:
(a) Type rating;
(b) Instrument rating;
(c) Night rating;
(4) Where applicable RPAS Instructor shall hold an appropriate rat- ing
for the type of operations they will perform including:
(a) Type rating;
(b) Instrument rating;
(c) Night rating;
(d) Instructor rating.
42. Eligibility
Requirements
for RPAS Pilot
Certificate
(1) A person shall not act as a remote pilot unless that person holds:-
(a) a remote pilot certificate;
(b) a rating for the specific RPAS type or is operating under the
supervision of a rated remote pilot for the purpose of qualify- ing
for the rating;
(c) the required knowledge for the type of RPAS;
(d) a current Class 2 medical certificate.
32
(2) A person undergoing training to qualify for a remote pilot certif-
icate or rating shall not:-
(a) act as solo remote pilot of an RPAS:
(i) unless under the supervision of, or with the authority of, an
authorized RPAS instructor; or
(ii) (on an international RPA flight.
(b) form a part of the crew of a commercial RPAS flight.
43. Validity of
RPAS Pilots
Certificate
The RPAS pilots Certificate shall be valid subject to validity of the
holder’s medical certificate.
44. Consumption
of Alcohol and
Drugs
No RPAS pilot, observer shall: –
(a) consume alcohol less than 8 hours prior to reporting for duty; (b)
commence a duty period while the concentration of alcohol
in any specimen of blood taken from any part of his or her
body is more than 0.04 grams per 100 millilitres:
(c) consume alcohol or any psychoactive substance during the
duty period or whilst on standby for duty; or
(d) commence duty period while under the influence of alcohol or
any psychoactive substance having a narcotic effect.
45. Training
Requirements
for
Commercial
RPAS
Operations
The RPAS pilots shall be trained in accordance with training re-
quirements in the First Schedule to these regulations.
33
46. Instruments The Authority shall prescribe instrument requirements for RPAS op-
and
Equipment
Requirements
erators for specific operations depending on: –
(a) the class and category of the RPAS;
(b) type of operations;
(c) special authorization sought.
PART VII – SECURITY REQUIREMENTS FOR RPAS OPERATIONS
47. Security
Programme
Requirements
(1) A person or a club shall not operate a RPAS without Operator Se-
curity Procedures developed in accordance with the provisions of
the Civil Aviation (Security) Regulations and accepted by the
Authority.
(2) A RPAS operator shall specify the security measures, procedures
and practices to be followed by the operator to protect pilots and
facilities from acts of unlawful interference.
(3) A RPAS operator shall carry out and maintain security measures
including identification and resolution of suspicious activity that may
pose a threat to civil aviation:
(a) at a remote pilot station;
(b) on an RPAS; and
(c) at any facility under the control of the RPAS operations.
(4) RPAS shall be subject to security inspection at any time during its
operations without prior notification to the operator.
(5) The specific security measures referred to in sub-regulation (3)
shall provide; —
(a) That the premises used for preparing, storing, parking in-
cluding RPAS ground station shall be secured at all times
against unauthorized access;
(b) For protection of critical information technology and com-
munication systems used for operations purposes from inter-
ference that may jeopardize the security of civil aviation;
34
(c) For protection of flight documents;
(d) That Commercial Operators requesting to operate with a cam-
era shall be required to include details of the camera usage in
the application for Security review and approval;
(e) Requirements for checks and searches of specific areas and
accessible compartments of the interior and exterior of RPAS;
and
(f) That persons engaged in RPAS operations are subject to re-
current background checks and selection procedures and are
adequately trained.
48. Security
Obligations
for RPAS
Operators
(1) The operator of RPAS shall be responsible for the security of
RPAS operations including associated facilities, personnel
and equipment.
(2) The RPAS operator shall ensure that the RPA or any component
thereof that is no longer in use is completely disabled or de-
stroyed to prevent unauthorized use.
(3) The RPAS operator shall comply with any security directives or
circulars issued by the Authority.
49. Acts of
Unlawful
Interference
Against Civil
Aviation
(1) The operator shall have response procedures for operations per-
sonnel for threats and incidents involving RPAS operations.
(2) RPAS operator or owner shall ensure that reports on acts of un-
lawful interference are promptly submitted to the Authority as per
the Civil Aviation (Security) Regulations.
PART VIII – GENERAL PROVISIONS
50. Records (1) A RPAS operator should establish an system of record-keeping
that allows adequate storage and reliable traceability of all activ-
ities developed, covering at a minimum;-
(a) Operator’s Organization;
(b) Safety Management Systems;
(c) Personnel training and competence verification;
(d) Documentation of all management system key processes;
(e) Maintenance Records;
(f) Security Management Records.
35
(2) Records shall be stored in a manner that ensures protection from
damage, alteration and theft.
(3) Records identified in this sub regulation shall be current and in
sufficient detail to determine whether the experience and quali-
fication requirements are met for the purpose of commercial op-
erations.
51. Insurance (1) A person shall not operate, or cause to be operated or commit
any other person to operate RPAS unless there is in force a mini-
mum insurance policy in respect of third party risks.
(2) The minimum sum of insurance in respect of any RPAS insured in
accordance with sub-regulation (1) shall be notified by the Au-
thority.
(3) An operator of RPAS shall make available third party liability in-
surance certificate(s), in the authentic form, at the location of the
RPAS operator’s operational management or other location
specified by the Authority
(4) Notwithstanding the provisions of sub-regulation (1), the au-
thority may dispense with requirement depending on the class and
category of the RPA.
52. RPAS
Regulations
Multi-Agency
Committee
(1) There shall be a standing Multi-agency Committee appointed by
the Cabinet Secretary responsible for civil aviation in consul- tation
with the relevant security Ministries, Departments and Agencies
(MDAs) on RPAS regulations.
(2) The committee shall review RPAS Policy, Regulations and Proce-
dures on a regular basis as and when need arises.
(3) There shall be a secretariat established under the Multi-Agency
Committee responsible for coordinating the day to day adminis-
trative requirements for the regulation of RPAS operations with the
authority.
36
(1) Any person conducting operations using RPAS fitted with cam- 53. Privacy of
Persons and
Property
eras shall operate them in a responsible way to respect the pri-
vacy of others.
(2) No person shall use a RPAS to do any of the following:
(a) Conduct surveillance of:
(i) A person without the person’s consent.
(ii) Private real property without the consent of the owner.
(b) Photograph or film an individual, without the individual’s
consent, for the purpose of publishing or otherwise publicly
disseminating the photograph or film. This requirement shall not
apply to newsgathering, or events or places to which the
general public is invited.
(3) Infrared or other similar thermal imaging technology equip-
ment fitted on remotely piloted aircraft shall only be for the sole
purpose of:
(a) scientific investigation;
(b) scientific research;
(c) mapping and evaluating the earth’s surface, including terrain
and surface water bodies and other features;
(d) investigation or evaluation of crops, livestock, or farming op-
erations;
(e) investigation of forests and forest management; and
(f) other similar investigations of vegetation or wildlife.
54. Discharging
or Dropping
Goods
A person must not cause a thing to be dropped or discharged from an
unmanned aircraft in a way that creates a hazard to another aircraft, a
person, or property.
55. Reports of
Violation
(1) Any person who knows of a violation under these regulations,
shall report it to the Authority.
(2) The Authority will determine the nature and type of any addi-
tional investigation or enforcement action that requires to be taken.
PART IX – OFFENCES AND PENALTIES
56. Importation
without au-
thorization
Any person who contravenes the provisions of regulation 6 commits
an offence and shall be liable upon conviction to a fine not exceeding
two million shillings, six months imprisonment or both.
37
57. Manufacture, Any person who contravenes the provisions of regulation 7 commits
assembly or
testing with-
out authori-
zation
an offence and shall be liable upon conviction to a fine not exceeding
two million shillings, six months imprisonment or both.
58. Owning RPAS
without reg-
istration
Any person who contravenes the provisions of regulation 8 commits
an offence and shall be liable upon conviction to a fine not exceeding
two million shillings, six months imprisonment or both.
59. Operating
RPAS without
authorization
Any person who contravenes the provisions of regulation 11(6) com-
mits an offence commits an offence and shall be liable upon convic-
tion, to a fine not exceeding one million shillings or imprisonment not
exceeding six (6) months or both.
60. Prohibited
Operation of
RPAS
Any pilot or person in charge of the RPAS or the owner thereof who
contravenes the provisions of regulation 13 commits an offence and
shall be liable upon conviction, to a fine not exceeding one million
shillings or imprisonment not exceeding six (6) months or both.
61. Failure to dis-
play identifier/
registration
Any person who contravenes the provisions of regulation 8(2) com-
mits an offence and shall be liable upon conviction, to a fine not
exceeding one million shillings or imprisonment not exceeding six
months or both.
62. Unlawful In-
terference of
RPAS Opera-
tions
Any person (s) who unlawfully interferes with duly authorized op-
eration of RPAS commits an offence and shall be liable upon convic-
tion to a fine not exceeding five million shillings, six months impris-
onment or both.
63. Non -compli-
ance
(1) Any RPAS operator who contravenes any Regulations contained
herein commits an offence and shall be liable upon conviction, to a
fine not exceeding one million shillings or imprisonment not
exceeding 6 months or both.
(2) Any person who fails to comply with any direction given pursu- ant
to this regulations by the Authority or by any authorised per- son(s)
under any provision of these Regulations commits an of- fence and
shall be liable upon conviction, to a fine not exceeding one million
shillings or imprisonment not exceeding six months or both.
38
(3) Notwithstanding the foregoing provisions, the Authority may re-
voke, cancel, and suspend, any license, certificate, approval, au-
thorization and or exemptions issued under these regulations of
any person who contravenes any provisions of these regulations.
PART X - SAVING AND TRANSITIONAL PROVISIONS
64. Saving and
Transitional
Provisions
An owner of RPAS, already imported into Kenya at commencement
of these regulations shall apply to the Authority for registration
within six months.
39
FIRST
SCHEDULE
Regulations 41
Certification of RPAS Pilot
This schedule sets forth the eligibility and training requirements for the certification of
RPAS pilots.
Required Certificate, Ratings and Qualifications for Remote Pilot Certificate
1. Knowledge and Skill Requirements
An applicant for a remote pilot certificate shall have demonstrated a level of
knowledge appropriate to the privileges granted to the holder of the certificate
holder, in the following subjects-
a. air law;
b. RPAS general knowledge;
c. flight performance, planning and loading;
d. human performance;
e. meteorology;
f. navigation;
g. operational procedures;
h. principles of flight related to RPAS; and i.
radiotelephony
ii.An applicant for a remote pilot certificate shall pass a skill test to
demonstrate the ability to perform, as remote PIC of the appropriate RPA
category and associated RPS, the relevant procedures and manoeuvres
with the competency appropriate to the privileges granted.
2. Credit
A holder of a licence issued by the Authority may be credited towards
the requirements for theoretical knowledge instruction and examination
requirements for the remote pilot certificate.
3. Passing Grade
The Authority shall prescribe the minimum passing grade.
4. Retesting after failure
An applicant for a knowledge or practical test who fails that test, may retest after the
applicant has received the necessary training from an authorized instructor who
has determined that the applicant is proficient to pass the test.
40
5. Special Conditions
a. In the case of introduction of new RPA or RPS in an operator’s fleet, when
compliance with the requirements established by the Authority is not possible,
the Authority may consider issuing a specific authorization giving privileges for
RPAS instruction. Such an authorization should be limited to the instruction
flights necessary for the introduction of the new type of RPA or RPS.
b.The validity period for this authorization shall be for the instruction
sought only.
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SECOND
SCHEDULE
Regulation 39
RPAS Operations Manual
An operations manual shall include each item set forth below which is applicable to
the specific operation, unless otherwise approved by the Authority.
Part A – General
1.0 INTRODUCTION
1.1 Purpose and scope of manuals
1.2 A statement that the manual complies with all applicable Authority
regulations and requirements and with the terms and conditions of the
applicable RPAS operator certificate.
1.3 A statement that the manual contains operational instructions that are to be
complied with by the relevant personnel in the performance of their duties.
1.4 List of manuals comprising operations manual.
1.5 A list and brief description of the various operations manual parts, their
contents, applicability and use.
1.6 Responsibility for manual content.
1.7 Responsibility for manual amendment.
1.8 List of effective pages.
1.9 Distribution of manuals and amendments
2.0 SAFETY MANAGEMENT SYSTEM
2.1 Safety Policy
2.2 Description of safety management system
2.3 Accident and Investigation policies
3.0 QUALITY SYSTEM
Description of quality system adopted
42
4.0 MANAGEMENT ORGANISATION
4.1 A description of the organizational structure including the general company
organization and operations department organization. The relationship
between the operations department and the other departments of the
company. In particular, the subordination and reporting lines of all divisions,
departments etc., which pertain to the safety of the RPAS operations, shall be
shown
4.2 Accountable Manager –duties and responsibilities
4.3 Nominated personnel – Functions duties and responsibilities
4.4 RPAS Pilot- duties and responsibilities
4.5 Support personnel in the operation of RPAS- duties and responsibilities
4.6 A description of the objectives, procedures and responsibilities necessary t o
exercise operational control with respect to flight safety.
5.0 DOCUMENTATION
5.1 Documents required in RPAS operations
5.2 Document storage and retention period
Part B – RPAS Operating Information
1.0 CREW INFORMATION
1.1 Flight team/crew composition
1.2 Qualification requirements of RPAS Pilot and support crew
1.3 Medical competencies
1.4 Operations of different types of RPAS
2.0 OPERATIONS OF RPAS
2.1 Operating Limitations and conditions
2.2 Communications
2.3 Weather
2.4 On site procedures
3.0 RPAS FLIGHT MANAGEMENT
3.1 Assembly and functional checks
3.2 Pre –flight checks
3.3 Normal flight procedures associated with relevant systems
3.4 Inflight checks associated with relevant systems
3.5 Abnormal procedures associated with relevant systems
3.6 Emergency Procedures associated with relevant systems
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4.0 RPAS USER MANUAL
Part C – Areas Routes and Aerodromes
1.0 Areas of Operations
2.0 Operating site planning and assessment
3.0 Authorizations including site permissions
Part D – Training
1.0 Training syllabi and checking programs for RPAS crew
2.0 Training syllabi and checking programs for RPAS support crew
3.0 Training syllabi and programs for personnel other than crew
4.0 Recurrent training programs
5.0 Additional training requirements that individual clients specify for the
proposed operations.
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THIRD SCHEDULE
Regulations 29
Operational Guidelines for RPAS Clubs
The following requirements shall apply to RPAS clubs intending to operate for sport
and recreation as required in Part V of these regulation (regulation 39 and 40).
General Provisions
1. A RPAS club shall be registered in accordance with the provisions pertaining to
the registration of clubs in Kenya for it to be recognized and approved by the
Authority.
2. No RPAS club shall operate without the approval by the Authority;
3. The club is required to develop an operational manual that provides for: (a)
Membership requirements;
(b) Administration of members;
(c) Training requirements for its members; (d)
Procedures and guidelines of operations; (e)
Types of operation;
(f) Class of equipment operated; and
(g) Security arrangement for operations
(h) Reporting mechanisms of incidents and accidents of the RPAS operations.
Administration of the club
4. The club management shall ensure that members :
(a) have adequate training to facilitate operations;
(b) are informed on current regulations, policies and procedures; (c)
adhere to safe business practices in their activities.
(d) are knowledgeable of airspace restrictions that apply in the area of
operation as approved
(e) are conversant with and meet the training requirements of the club.
Responsibility of the club management
5. The administrator of the club shall:-
(a) obtain consent of the property owner or person in charge of the area of
operation.
(b) ensure that the club’s recognition status is current with the Authority
(c) develop and operationalize a training programme and plan for their
membership;
(d) a current list of members and particulars of their RPAS;
45
(e) maintain a record/database of all accidents and incidents that occur within
their area of jurisdiction;
(f) ensure that it has adequate personnel are properly qualified and competent to
perform their allocated tasks and responsibilities;
(g) have procedures for responding to an incident, accident, medical
emergency, or if any RPAS becomes uncontrollable.
(h) immediately stop all operations if unable to meet the exemption
requirements or if the safety of a person, property or other aircraft is at
risk,
(i) ensure that club activities does not interfere with civil aviation; (j)
Adhere to laws from all levels of government,
(k) inspect their RPAS on site before conduct of any flight to ensure that they
are safe
PART III
Procedures on
Remotely Piloted Aircraft
Systems (RPAS)
REPUBLIC OF KENYA
KENYA CIVIL AVIATION AUTHORITY
PROCEDURES
ON REMOTELY
PILOTED AIRCRAFT SYSTEMS
(RPAS)
i
TABLE OF CONTENT
ABBREVIATIONS ....................................................................................................................... 1
1.0 INTRODUCTION .................................................................................................................. 1
2.0 RPAS IMPORTATION PROCEDURE......................................................................................... 1
2.1 Application form KCAA/ASSR/RPA-001 ............................................................................. 1
2.2 Application for importation .............................................................................................. 1
2.2.1 Detailed Importation Procedure ................................................................................ 1
2.2.2 Customs Procedures ................................................................................................ 4
3.0 MANUFACTURE, ASSEMBLY AND TESTING OF RPAS .............................................................. 4
3.1 Authorization from the KCAA. .......................................................................................... 4
3.2 Approval by the Ministry of Defense. ................................................................................. 4
4.0 REGISTRATION, RE-REGISTRATION AND DEREGISTRATION OF RPAS ..................................... 5
4.1 Registration of RPAS........................................................................................................ 5
4.2 Re-registration of RPAS .................................................................................................. 6
4.3 De-registration ...........................................................................................................................................6
5.0 SECURITY PROCEDURES .................................................................................................... 7
5.1 Physical Security to include:............................................................................................ 7
5.2 Technical Security to include:.......................................................................................... 7
6.0 REQUEST FOR AUTHORIZATION TO OPERATE AFTER REGISTRATION .................................... 7
6.1 Recreation and Sports RPAS .............................................................................................. 7
6.1.1 General Information ................................................................................................. 7
6.1.2 Application and Processing of RPAS Club Certificate .................................................... 8
6.1.3 Documents Evaluation ............................................................................................. 9
6.1.4 Demonstration of the Club’s Competencies ................................................................. 9
6.1.5 Emergencies / Contingencies .................................................................................... 9
6.1.6 Issue of a Recreation and Sports Certificate to the Club ............................................... 10
6.1.7 Validity and Renewal of Certificate ........................................................................... 10
6.1.8 Revision of Manuals and Technical Literature ............................................................ 10
6.1.9 Site Survey ............................................................................................................. 11
6.1.10 Accident and Incident Reporting.............................................................................. 11
6.2 Private RPAS .................................................................................................................. 11
6.3 Commercial RPAS .......................................................................................................... 12
7.0 QUALIFICATIONS ..............................................................................................................14
7.1 RPAS Operator Qualifications ..........................................................................................14
7.2 RPAS Commander..........................................................................................................14
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7.3 RPAS Pilot.....................................................................................................................14
7.4 RPAS Instructor .............................................................................................................15
7.5 The RPAS Operations Manual...........................................................................................15
7.6 Rules Guiding RPAS Operations........................................................................................15
7.7 Flight Plan Procedure .................................................................................................... 17
Annex 1: Application for RPAS Importation/Registration ...............................................................19
Annex 2: Proposed Regulatory Charges For Remotely Piloted Aircraft Systems................................ 22
iii
Abbreviations
AAID Air Accidents Investigation Department ACAS Airborne Collision Avoidance System AIP Aeronautical Information Publication ANSP Air Navigation Service Provider ATC Air Traffic Control ATM Air Traffic Management ATS Air Traffic Service ATSU Air Traffic Service Unit BVLOS Beyond Visual Line of Sight CRM Crew Resource Management DA Danger Area FRTOL Flight Radio Telephony Operators’ License GCS Ground Control Station HALE High Altitude Long Endurance ICAO International Civil Aviation Organization IFR Instrument Flight Rules KCAA Kenya Civil Aviation Authority MoD Ministry of Defence MOR Mandatory Occurrence Reporting MTOM Maximum Take-off Mass RA (T) Restricted Area (Temporary) RPA Remotely Piloted Aircraft RPAS Remotely Piloted Aircraft System RPAS-c Remotely Piloted Air Systems Commander RPAS -i Remotely Piloted Air Systems Instructor RPAS-p Remotely Piloted Air Systems Pilot RPS Remote Pilot Station RTF Radiotelephony RTS Release to Service SARPs Standards and Recommended Practices SMS Safety Management Systems SRG Safety Regulation Group SSR Secondary Surveillance Radar TCAS Traffic Collision Avoidance System TDA Temporary Danger Area VFR Visual Flight Rules VLOS Visual Line of Sight
1
PROCEDURES FOR OPERATION OF
REMOTELY PILOTED AIRCRAFT SYSTEMS
(RPAS)
1.0 INTRODUCTION
1.1 These procedures are intended to establish general principles for the safety and security of Remotely Piloted Aircraft Systems (RPAS) operations. The procedures shall be used by the Kenya Civil Aviation Authority hereinafter referred to as the “Authority” to facilitate operations of RPAS in Kenya, in the interim period prior to publication and promulgation of Civil Aviation (Remotely Piloted Aircraft Systems) Regulations, the Authority shall develop appropriate mechanisms to implement the provisions in these procedures.
1.2 The overall objective of the guidelines herein is to facilitate a high level of civil aviation safety in Kenya for RPAS. RPAS operating in Kenya must meet or exceed the safety, security and operational standards as those for manned aircraft.
1.3 RPAS operations must be as safe as manned aircraft insofar as they must not present or create a hazard to persons or property in the air or on the ground greater than that attributable to the operations of manned aircraft of equivalent class or category.
2.0 RPAS IMPORTATION PROCEDURE
2.1 Any person intending to import a RPAS into Kenya shall apply to the Authority for approval by submitting a duly completed prescribed application form KCAA/ASSR/RPA-001.
2.2 Application for importation of a RPAS or a component thereof shall be subject to clearance by the relevant security agencies.
2.2.1 Detailed Importation Procedure
Applicants for importation of RPAS in Kenya shall be required to provide the following information to the KCAA:
2.2.1.1 Name and particulars of the applicant.
2.2.1.2 Purpose/use of the RPAS.
2
2.2.1.3 The manufacturer, make and model of the RPAS system
including three dimensional view drawings or photographs of the aircraft.
2.2.1.4 A complete description of the RPAS, including: (a)
Category (e.g. fixed wing, rotary wing, etc.); (b)
Composition (e.g. graphite, composites, etc.);
(c) Measurements (e.g. wingspan, fuselage length, rotor diameter, etc.);
(d) Weight (e.g. maximum gross take-off weight, empty weight, payload weight, etc.);
(e) Type of propulsion system (make and model) (e.g. electric, turboprop, turbofan; rear or forward mount, etc.);
(f) Fuel /Energy system (e.g. battery type, AVGAS, capacity, etc.);
(g) Method of take-off/ launch (e.g. taxi and take-off, pneumatic catapult, hand-launched, etc.);
(h) Method of landing / recovery (e.g. approach and runway landing, parachute, belly/skid landing, skyhook, etc.);
(i) Navigation equipment/capability (e.g. visual, GPS, etc.);
(j) Electronic surveillance equipment (e.g. transponder (modes, etc.), ADS-B, etc.);
(k) Flight sensors (e.g. barometric altimeter, airspeed indicator, icing detection, etc.);
(l) Redundant systems (e.g. flight controls, avionics, flight termination system, etc.);
(m)Visual detectability (e.g. lighting (position, anti- collision), high visibility paint scheme, etc.); and
(n) Flight data on the aircraft to be flown: (i) Performance (e.g. operating speeds, climb and descent
rates, maximum altitude, maximum range, maximum endurance, etc.); and
(ii) Operating Limitations (e.g. winds (wind shear, gusts), cross-winds, temperatures, day, night, icing, etc.).
(o) The Control Station, including: (i) Control method (e.g. manual flight, pre-programmed,
tethered, autoland, etc.);
3
(ii) Flight Instrumentation (e.g. attitude, altitude, airspeed,
heading, present position, navigation etc., and method of displaying the information);
(iii) Systems diagnostic and monitoring information (e.g. low battery, fuel status, critical systems failure, visual and audio warnings, etc.);
(iv) Environmental warnings (e.g. icing, rain, terrain, etc.);
(v) Redundant systems (e.g. back-up computer displays, back-up power supply);
(vi) Control station power source (e.g. generator, power grid, rechargeable);
(vii) Equipment in the control station (e.g. lights for night operations, fire extinguisher); and
(viii) Control station security (e.g. capable of being locked).
(p) The Command and Control (C2) Links including:
(i) C2/data bands and frequencies (e.g. Very High Frequency (VHF) band, Ku-Band, Ultra High Frequency (UHF) Satellite Communication (SATCOM), Geostationary satellites, etc.);
(ii) Radio range of the control links; (iii) Lost Link indications (e.g. “off flags”, signal strength
indicators, etc.); (iv) Measures for preventing or mitigating radio frequency
interference; and (v) Single or dual redundant control links.
(q) Voice Communications including:
(i) Primary method of communicating with ATC and other
airspace users (e.g. radio relay through the air vehicle, fixed based transmitter, etc.);
(ii) Backup communication capability (e.g. landline, cell phone, etc.);
(iii) Communication latencies (e.g. able to perform ATC directed actions without delay, etc.); and
(iv) Communication system used for the pilots, ground support personnel and observers to communicate with each other.
4
(r) Payload(s) including: (i) Payload limitations (e.g. impact on flight envelope, how
conflicts are managed when aircraft and payload operational limits differ, etc.);
(ii) Dangerous payloads (e.g. pyrotechnics, explosives, lasers, pesticides, etc.);
(iii) Secondary purposes of payload (e.g. camera controls the flight path of the RPAS, etc.); and
(iv) Increase to crew workload (e.g. pilot operating RPAS and payload, etc.).
2.2.2 Customs Procedures
2.2.2.1 Upon obtaining clearance from the Authority, the applicant will be required to fulfill other obligatory Customs and Civil Aviation requirements for the importation or assembly of the RPAS. This will include filling out the designated KRA Import Declaration Form.
2.2.2.2 An import permit (Form KCAA/ASSR/RPA/PERMIT001) will be issued to the applicant in triplicate with one copy to be submitted to the Customs officials at the point of entry into Kenya.
2.2.2.3 The RPAS and its components must be duly marked as such in the cargo manifest. Customs officials will then scrutinize the RPAS at the port of entry for conformity with RPAS import permit. Any discrepancies between the imported/assembled RPAS and the issued permit will result in the cancellation of the permit.
3.0 MANUFACTURE, ASSEMBLY AND TESTING OF RPAS
3.1 Any person(s) intending to manufacture, assemble or test RPA shall apply for authorization from the KCAA.
3.2 The authorization shall be subject to necessary security clearance by relevant security agencies and approval by the Ministry of Defense.
5
4.0 REGISTRATION, RE-REGISTRATION AND DEREGISTRATION OF RPAS
4.1 Registration of RPAS
4.1.1 A person intending to register a RPAS in Kenya shall apply to the Authority for approval by submitting a duly completed prescribed application form KCAA/ASSR/RPA-001. Note: Applicants who already submitted form KCAA/ASSR/RPA-001 for issuance of Import Permit need not re-submit the same form for registrations.
4.1.2 Application for RPAS registration is accepted only for RPAS that has been accepted to be imported into Kenya; however where an applicant seeks to import and thereafter register the RPAS one form shall suffice.
4.1.3 It is required on application for RPA registration to submit to the Authority the full specification of the RPAS including:
4.1.3.1 The full specification of the RPA including the type, model, serial number;
4.1.3.2 Copy of government issued ID;
4.1.3.3 A certified copy of the Certificate of incorporation if owned by a company;
4.1.3.4 Colour photograph of RPA (front and side, on ground occupying most of the image size);
4.1.3.5 Copy of liability Insurance related to RPAS operations; and
4.1.3.6 Safety documents containing at least emergency procedures in case of:
(a) Control failure (failure of individual actuators); (b) Engine failure (loss of engine(s) power); (c) Accumulator issues (low voltage); and (d) Command and control data link failure (description of a
“fail safe” system function).
4.1.3.7 A de-registration certificate from the country of origin (in the case of a previously registered RPAS).
4.1.3.8 For RPAS with a type certificate from an accepted airworthiness code the RPA shall abide with the conventional aircraft registration process as prescribed by the Authority.
4.1.3.9 The authority shall process the registration within 30 days.
6
4.1.3.10 Notwithstanding the provisions of 4.1.3.1 to 4.1.3.6 above, the Authority may grant upon application a temporary permit to person(s) intending to operate RPAS not registered in Kenya;
(a) For a period of thirty days renewable once; (b) Such application shall be submitted online and processed by
the authority within 14 days. 4.1.3.11 Any person intending to import/re-export a RPAS shall declare during the visa application and or at point of entry and should apply online for a temporary permit.
4.1.3.12 All registered RPAS may be subjected to security and/or safety inspection at any time by the authority without prior notification.
4.2 Re-registration of RPAS
4.2.1 Change of registration or ownership particulars will be effected in conformity with the Civil Aviation Regulations and the following shall apply:-
4.2.1.1 Re-Registration of a RPAS with same Nationality and Registration Marks will be issued with a new Certificate of Registration and a new entry shall be made on the RPAS Register.
4.2.1.2 Before the Re-registration process starts, the original C of R must be returned to the Authority with the relevant information completed on the reverse side.
4.2.1.3 The process for Re-registration is the same as for Registration.
4.3 De-registration
4.3.1 RPAS de-registration shall be carried out in accordance with the Civil Aviation Regulations. An RPAS may be de-registered under the following conditions:
4.3.1.1 Destroyed; or 4.3.1.2 Permanently removed from service; or 4.3.1.3 Export to another contracting state; or 4.3.1.4 In the interest of aviation safety; or 4.3.1.5 In the interest of National Security.
4.3.2 The registered owner shall return the original Certificate of Registration with the relevant section duly completed and signed.
4.3.3 The Authority will verify the signature of the owner or the legal
6.1.1.1 Authorisation for RPAS operation under recreation and
7
representative. It shall be necessary to submit legal documents of consent and authorization.
4.3.4 If an Export Certificate of Airworthiness is to be issued the requirements of the Civil Aviation (Airworthiness) Regulations shall be complied with.
5.0 SECURITY PROCEDURES
A person who has imported RPAS shall provide KCAA with the procedures/ processes that are utilized to manage physical and technical security of the RPAS as follows:
5.1 Physical Security to include:
5.1.1 Physical procedural security for the secure and safe operation of the RPAS;
5.1.2 Restricting access to RPAS assets to authorized persons; and
5.1.3 Secure storage of RPAS assets in a manner that prevents and detects tampering and protects the integrity of vital components.
5.2 Technical Security to include:
5.2.1 Reduction of the susceptibility of the C2 link to unintentional or malicious interference on both a software and hardware level; and
5.2.2 Policies, restricting RPAS operations in areas of high radio frequency contamination (e.g. near radar sites, etc.).
5.3 Standard Operating Procedures
5.3.1 Take-off and landing procedure; 5.3.2 Loss of control data link; and 5.3.3 Abort procedure following critical system failure.
6.0 REQUEST FOR AUTHORIZATION TO OPERATE AFTER REGISTRATION
6.1 Recreation and Sports RPAS
6.1.1 General Information
(g) Details of relevant personnel or agents of the club, their
8
sports shall be granted under clubs.
6.1.1.2 The Authority issues a RPAS operating certificates to clubs that have been duly registered in Kenya in accordance with the laws governing the registration of such clubs. Only clubs that are duly registered will be eligible for consideration by the Authority. 6.1.1.3 It is the responsibility of the clubs to ensure that RPAS operated within the club and the members meet all the requirements for operation of RPAS as set out in the Civil Aviation (Remotely Piloted Aircraft Systems) Regulations.
6.1.1.4 The Authority may suspend, vary or cancel the certificate at any for cause, including failure on the part of the club, its officials/ employees, member and/or agents to comply with any of the provisions of the Civil Aviation Act or any regulations made there under, conditions of the certificate or any of the directives and or instructions of the Authority.
6.1.1.5 The certificate is not transferable and shall be valid only for the period of time specified therein.
6.1.2 Application and Processing of RPAS Club Certificate 6.1.2.1 It is the responsibility of club owners/officials or their agents to seek certification from the Authority. A duly completed application form KCAA/ASSR/RPA-002 shall be submitted to the Authority at least thirty (30) days before the intended date of commencement of operations.
6.1.2.2 The following documents shall be submitted together with the application:
(a) Copy of the club’s registration certificate;
(b) Copy of the club’s operational manual;
(c) Copy of the club’s training programme;
(d) A current list of the club’s members;
(e) A current list of RPAS registered to be operated by the club; (f)
Consent from of the property owner or person in charge of
the area of operation where the club is to be based;
6.1.5.2 It is the responsibility of the club management to ensure
9
competencies and qualifications and the allocated tasks;
(h)Club operations procedures.
(i) The operations manual required in 6.1.2.2 above should contain information as contained in Advisory Circular CAA –AC-RPAS-002.
6.1.3 Documents Evaluation 6.1.3.1 Once the application and documents listed in (b) are received, the Authority will conduct an evaluation to verify their acceptability.
6.1.3.2 The Authority shall accept and notify the relevant club(s) (its officials, management or agent) of the acceptance of their documents and procedure for the next step towards certification (demonstration).
6.1.3.3 Where documents presented do not meet the acceptability requirements they will be returned to the club with a written explanation.
6.1.3.4 Certification process will not proceed until all required documents are received and assessed to be acceptable and the relevant parties duly informed.
6.1.4 Demonstration of the Club’s Competencies
6.1.4.1 Upon acceptance of required documents the Authority shall issue a formal notification to the club and informing them of the outcome of the document evaluation process.
6.1.4.2 The Authority shall in consultation with the club determine and agree on an acceptable date for inspection of the club and an observation of the clubs intended operations.
6.1.4.3 The observations indicated in 6.1.4.2 above shall include demonstration of clubs ability in accordance with periodic circulars.
6.1.5 Emergencies/Contingencies
6.1.5.1 For the purpose of establishing safe RPAS operations clubs operating RPA for sports and recreational purposes are required to develop and submit to the Authority, for acceptance, emergency and contingency procedures for operations in unusual situations.
10
that all such procedure referred to above are made available to all its members and form part of their training requirements.
6.1.5.3 The Authority may at its discretion test the effectiveness of such procedures.
6.1.6 Issue of a Recreation and Sports Certificate to the Club
6.1.6.1 The Authority shall only issue a certificate to such clubs that will have met all the requirement set forth in the Civil Aviation (Remotely Piloted Aircraft Systems) Regulations.
6.1.6.2 The certificate shall be signed by the Director General or an officer of the Authority duly designated to sign the certificate.
6.1.6.3 The Authority may impose such operating restrictions to the certificate as it may deem fit in order to preserve the safety of air navigation.
6.1.7 Validity and Renewal of Certificate
6.1.7.1 A certificate of recognition shall be valid for a period of twelve months from the date of issue.
6.1.7.2 The club shall be responsible for initiating renewal of the certificate at least sixty day before its expiry. Where no such renewal request has been initiated the certificate shall lapse at the end of its validity period.
6.1.7.3 The Authority shall conduct regular surveillance on the activity of the club to monitor its continued compliance with the regulations.
6.1.7.4 Renewal of club certificate will be based on an annual audit of the club conducted after application for renewal and at least thirty days before expiry of the current certificate.
6.1.7.5 Where club fails to initiate renewal of certificate and it lapses the Authority shall notify the club on the date of its lapse.
6.1.7.6 Renewal requests initiated after the lapse of the certificate shall be processed as new applications.
6.1.8 Revision of Manuals and Technical Literature
6.1.8.1 The club shall be responsible for revision of all documentations
11
(including manuals and technical documentations) related to the operations of the club;
6.1.8.2 The club shall promptly notify the Authority of any changes in such documentation referred in 6.1.2.2 above. Failure to notify of such revisions may be subject to enforcement action.
6.1.9 Site Survey 6.1.9.1 It is the responsibility of the club operator to conduct an assessment of the suitability of the site prior to conducting operations to ensure such operations can be conducted safely.
6.1.9.2 Typical elements of an assessment could include, but are not limited to:
(a) Defining the boundaries of the area where the actual operation will be carried out;
(b) Altitudes to be used (c) Limitations and/or restrictions of local by-laws; (d) Location and height of obstacles (e.g. wires, masts,
buildings, communication masts, wind turbines, etc.); (e) Built-up areas, major roadways and recreational activity
sites; (f) Security provisions to limit public access; and (g) Predominant weather conditions for the site.
6.1.10 Accident and Incident Reporting The RPAS club operator shall report specified accidents and incidents to the Authority as soon as possible after the occurrence and shall not operate the RPAS following the occurrences until such time as the Authority Regional Office approves its further operation.
6.2 Private RPAS
6.2.1 RPAS private operator will be authorized to operate within the confines of their private property in accordance with the conditions specified in the authorization.
6.2.2 Any private operator intending to operate outside the confines of their private property shall make an application for authorisation to the authority within ten days prior to the intended date of flight.
12
6.3 Commercial RPAS
6.3.1 The request for authorization for an RPAS operation shall be made to the Authority not less than ten days before the date of the intended flight. The person seeking authorization to operate RPAS shall apply to the Authority by filing the Authorization Application form.
6.3.2 Unless otherwise specified by the Authority, the request for authorization shall include the following:
6.3.2.1. Name and contact information of the operator;
6.3.2.2 RPAS characteristics (type of RPAS, maximum certificated take off mass, number of engines, wing span);
6.3.2.3 RPAS identification to be used in radio telephony, if applicable;
6.3.2.4 Copy of the remote pilot’s certificate (if applicable);
6.3.2.5 Copy of the RPAS radio station license (if applicable);
6.3.2.6 Description of the intended operation to include the following;
(a) Type of operation or purpose; (b) Flight rules; (c) Visual Line of Sight (VLOS) operation if applicable; (d) Duration/frequency of flight; (e) Date of intended flight(s); (f) Point of departure; (g) Destination; (h)Route to be followed; (i) Cruising speed(s); (j) Cruising level(s);
(k)Takeoff and landing requirements.
6.3.2.7 RPAS performance characteristics, including:
(a) Operating speeds;
(b) Typical and maximum climb rates; (c) Typical and maximum descent rates; (d) Typical and maximum turn rates; (e) Other relevant performance data (e.g. limitations regarding
wind, precipitation), and Maximum aircraft endurance, communication, navigation and surveillance capabilities.
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6.3.2.8 Aeronautical safety communications frequencies and equipment, including:
(a) ATC communication, including any alternate means of communication;
(b) Command and Control (C2) links including performance parameters and designated operational coverage;
(c) Communication between remote pilot and RPA observer, if applicable;
(d) Navigation equipment; and Surveillance equipment (e.g. SSR transponder, ADS-B out);
(e) Detect and avoid capabilities.
6.3.2.9 Emergency procedures including: (a) Communication failure with ATC;
(b) C2failureandRemotepilot/RPAobservercommunication failure, if applicable;
(c) Number and location of remote pilot stations as well as handover procedures between remote stations, if applicable;
(d) Document attesting noise certification that is consistent with the regulatory requirements if applicable;
(e) Payload information/description, and
(f) Proof of insurance cover.
6.3.2.10 After authorization has been obtained, air traffic services notification and coordination shall be completed in accordance with the regulation.
6.3.2.11 Changes to the authorization shall be submitted for consideration to the authority and when approved all affected authorities will be notified by the operator.
6.3.2.12 In the event of a flight cancellation, the operator or the remote pilot shall notify all the appropriate authorities as soon as possible.
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7.0 QUALIFICATIONS
7.1 RPAS Operator Qualifications
In anticipation of wider operations of RPASs, the word ‘crew’ is used to mean flight crew, that is, the RPAS Commander (RPAS – c) or RPAS instructor (RPAS-i) and the RPAS Pilot (RPAS - p), each of whom is a crew member.
7.2 RPAS Commander
7.2.1 Every flight of a RPAS must be under the command of a RPAS – c. The RPAS - c is a qualified person (minimum qualification – hold a valid RPAS Private Pilot’s License (RPPL) who is overall in charge of, and responsible for a particular RPAS flight or flights. The RPAS-c must meet the training, qualifications, proficiency and currency requirements stated in the approved Flight Operations Manual of the operating organization or club. The RPAS –c must be a qualified RPAS- p.
7.2.2 The RPAS Commander can: 7.2.2.1 Be in direct control of the RPAS by remote controls; or
7.2.2.2 Co-located with the RPAS-p; or
7.2.2.3 Monitoring the state and progress of the RPAS at the flight deck location in the Ground Control Station (GCS).
7.2.3 The RPAS – c Responsibility The RPAS – c is tasked with overall responsibility for the operation and safety of the RPAS in flight and must be fully trained and qualified to assume these responsibilities. The RPAS – c therefore assumes the same operational and safety responsibilities as those of the captain or pilot-in-command of a piloted aircraft performing a similar mission in similar airspace. For all flights, the RPAS – c must be licensed (minimum - RPPL) and appropriately rated according to airspace qualification and meteorological conditions/flight rules.
7.3 RPAS Pilot
7.3.1 The RPAS-p is a qualified person (minimum qualification of a valid RPAS Private Pilot’s License (RPPL) in Kenya) or its equivalent, posses theoretical aeronautical knowledge equivalent to private pilot’s License, Kenya, who is actively exercising remote control of the non-autonomous RPAS flight, or monitoring an autonomous RPAS flight. The RPAS-p may or may not be the RPAS - c.
7.3.2 The RPAS-p must meet the training, qualifications, proficiency and
15
currency requirements stated in the approved RPAS Operations Manual
of the operating organization/club in which they belong.
7.3.3 The KCAA will have the mandate of authorizing the formation and approval of RPAS clubs while ensuring their conformity in issuance of appropriate qualifications to their members, in accordance with published procedures.
7.4 RPAS Instructor
7.4.1 The RPAS-i is a qualified person (minimum qualification –a valid RPAS Private Pilot’s License (PPL) Kenya), theoretical aeronautical knowledge equivalent to private pilot’s License, Kenya or its equivalent, holder of RPAS Instructor License issued by the Authority, who is actively exercising remote control of the non-autonomous RPAS flight, or monitoring an autonomous RPAS flight. The RPAS-i may or may not be the RPAS – c.
7.4.2 Where RPAS-i is with a trainee RPAS- i shall be deemed to be the RPAS-c. The RPAS-i must meet the type training, qualifications, proficiency and currency requirements stated in the approved RPAS Operations Manual of the operating organization/club in which they belong.
7.5 The RPAS Operations Manual
The RPAS Operations Manual of the RPAS Operating Organization or club must specify the required qualifications and levels of training and proficiency for flight crew members, that is, for the RPAS Commander, RPAS-p and RPAS-i. The following aspects shall be addressed:
7.5.1 Aeronautical knowledge; 7.5.2 Knowledge of critical systems of the relevant RPAS; 7.5.3 RPAS pilot qualifications; 7.5.4 Communications procedure; 7.5.5 RPAS training levels; 7.5.6 Flight proficiency and currency with the relevant RPAS; and 7.5.7 Meteorology.
7.6 Rules Guiding RPAS Operations
The following rules, together with those rules specified in Civil Aviation (Rules of the Air) regulations shall be considered before authorization is issued to operate RPAS;
16
7.6.1. No person shall operate a remotely piloted aircraft system
(RPAS) except with authorization in writing from the Authority and in accordance with such conditions as may be specified in the authorization in the interest of national security and aviation safety.
7.6.2 A remotely piloted aircraft system shall be operated in such a manner as to minimize hazards to persons, property or other aircraft and in accordance with any conditions specified by the Authority.
7.6.3 A remotely piloted aircraft system engaged in international air navigation shall not be operated without appropriate authorization from the Authority.
7.6.4 A remotely piloted aircraft system shall not be operated into another State without authorization from that State.
7.6.5 A remotely piloted aircraft shall not be operated over high seas without prior coordination with the appropriate ATS authority.
7.6.6 The RPAS shall meet the performance and equipment carriage requirements for the specific airspace in which the flight is to operate.
7.6.7 A person shall not wilfully operate a RPAS, negligently or recklessly;– in manner that endangers other aircraft, persons or property.
7.6.8 RPAS in a prohibited area or a restricted area, the particulars of which have been duly published in the Kenya Aeronautical Information Publication, except in accordance with the conditions of the restrictions or by permission granted by the Authority.;
7.6.9 RPAS operations is prohibited in or around Strategic Installations, Radar Sites, high tension cables and communication masts, Prisons, Police Stations, Courts of Law, scenes of crime, except in accordance with the conditions of the restrictions or by permission granted by the Authority.;
7.6.10 Any person conducting operations using RPAS fitted with cameras shall operate them in a responsible way to respect the privacy of others.
7.6.11 No person shall use a RPAS to do any of the following: (a) Conduct surveillance of; (b) A person without the person’s consent; (c) Private real property without the consent of the owner; (d) Photograph or film an individual, without the individual’s
17
consent, for the purpose of publishing or otherwise
publicly disseminating the photograph or film. This requirement shall not apply to newsgathering, or events or places to which the general public is invited.
7.6.12 An operator of RPAS shall ensure it gives way to and remains clear of all manned aircraft on the ground and in flight.
7.6.13 For RPAS to be operated in controlled airspace authorization is required from the air traffic control unit responsible for the airspace.
7.6.14 Flight plans shall be submitted in accordance with air traffic service requirements.
7.6.15 Not all aircraft within the same geographic area will necessarily be in communication with the same ATSU or operating under the same rules. It is important that those manning RPAS operations are familiar with the relevant rules and procedures applicable within any airspace through which the aircraft will be flown.
7.6.16 RPAS operation is expected to be transparent to ATS providers. The pilot will be required to respond to ATS guidance or requests for information, and comply with any ATC instruction, in the same way and within the same timeframe that the pilot of a manned aircraft would. These instructions may take a variety of forms, for example, to follow another aircraft or to confirm that another aircraft is in sight.
7.6.17 Safe operation of RPAS is as important as that of manned aircraft, and third-party injury and damage to property can be just as severe when caused by either type of aircraft. Proper investigation of each accident, serious incident or other occurrence is absolutely necessary in order to identify causal factors and to prevent repetition. Similarly, the sharing of safety related information is critical in reducing the number of occurrences. The limited operational experience with RPAS in civil applications makes such investigation particularly relevant.
7.7 Flight Plan Procedure
7.7.1 Flights in controlled airspace shall file flight plans as prescribed for in the Aeronautical Information Publication (AIP).
7.7.2 Flights in uncontrolled air space shall file flight plans as follows:
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7.7.2.1 Within 5KMs out of launch area to notify the nearest ATC.
7.7.2.2 Beyond 5KM out of launch area as stipulated in para 7.7.1 above
7.7.3 RPAS operating below 400ft shall notify the nearest Air Traffic Control.
7.7.4 The authorization and coordination referred to in 7.7.1 and 7.7.2 shall be obtained prior to take off if there is reasonable expectation, when planning the operation, that the aircraft may enter the airspace concerned.
Conclusion and
Recommendations
20
Conclusion
The Multi Agency Committee reviewed the draft Policy, Regulations and Proce-
dures to address the concerns by the security agencies. The review included con-
sideration and reference to various documentation including the International Civil
Aviation Manual on Remotely Piloted Aircraft Systems (RPAS) and legislation from
other jurisdictions including USA, UK, Australia, South Africa and Rwan- da
amongst others. The Committee also referenced the documents to the existing
regulations and procedures for manned flights in relation to controlled airspace to
mitigate against any hazards.
The primary purpose of this review focused on the capturing and enhancement of
National Security Interests in the policy, procedures and regulations. Therefore all
persons, institutions or entities intending to import, manufacture, assemble, test,
operate or procure RPAS are required to apply for authorization from the Kenya Civil
Aviation Authority. These authorizations shall be subjected to necessary security
clearance by relevant security agencies and approval of the Ministry of Defence.
In order to achieve the desired level of control, any earlier granted authorizations may
be revoked, suspended or cancelled in the interests of National Security. In addition,
due to the dynamic nature of the technology and changing security trends the
registered RPAS may be subjected to security inspection by the Author- ity without
prior notice.
In order to cater for the applications made by foreigners who wish to utilize their
RPAS in the country, consideration has been put in place for the granting of a tem-
porary permit.
Timelines have been proposed to facilitate the processing of various applications. This
framework provides for the development of Regulations necessary for aviation
safety, security, efficiency and regularity.
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Recommendations
The Multi Agency Committee recommends:
1. The adoption of the Policy, Regulations and Procedures and the fast
tracking of the promulgation of the Regulations.
2. Fast tracking of the legislative process to promulgate the Regulations.
3. Authorization and or approval of the implementation of the Policy and
Procedures in the interim to enable the KCAA regulate the use of RPAS in
the Country.
4. That all relevant stakeholders including but not limited to KDF, NIS, NPS,
KCAA, KRA, KWS and KAA be directed to establish offices and capacity to
perform functions related to oversight of RPAS operations.
5. That KCAA fast track the automation of the application and approval
processes for RPAS.
6. Establishment of a Standing Multi-Agency Committee to continually
review the Policy, Regulations and Procedures with a secretariat to
coordinate the day to day administrative requirements for the regulation of
RPAS operations with the Authority.
ANNEXES
1 of 3
Annex 1: Application for RPAS Importation/Registration
KENYA CIVIL AVIATION AUTHORITY
KCAA/ASSR/RPA-001
APPLICATION FOR RPA
IMPORTATION/REGISTRATION
May, 2016
Import Permit Registration
Applicant information
1. Name / Company Name 2. Nationality/ State of
Registration 3. Date of birth (DD/
MM/YYYY)/company
identification number
4. Address:
5. Telephone number: 6. E-mail address:
7. Previous RPA Owned and
Registration Number(s) (Number)
Owner (if different from Applicant)
8. Name / Company Name 9. Nationality/ State of
Registration 10. Date of birth
(DD/MM/
YYYY)/company
identification
number
11. Address:
12. Telephone number: 13. E-mail address:
14. Previous RPA Owned and
Registration Number(s) (Number)
RPA Specifications
15. Aircraft type (rotorcraft/fixed wing) 16. Type and Model: 17. Purpose:
18. MTOM(kg): 19. Wing span (m) :
or
Rotor diameter(m):
20. Length (m):
Height (m):
21. Propulsion type
Jet Propeller
Combustion Electric
22. Engine type:
Number : 23. Displacement(cm3)
Power (W):
Thrust (N):
2 of 3
24. Speed governor:
Type:
Max current carrying capacity (A):
25. Propulsion
Accumulator:
Type:
Capacity(Ah):
Number of cells
(pcs):
26. Propeller:
Manufacturer:
Diameter(mm):
27. Payload weight (Kg): 28. Payload Information (cameras, sensors,
mounting)
Estimated RPA performance
29. Max endurance (min): 30. Max speed (Km/h): 31. Required distances:
Takeoff(m):
Landing(m):
32. Max range (Km): 33. Max altitude (ft):
Remote control
34. Transmitter/receiver (s) manufacturer: 35. Transmitter /
receiver(s) type: 36. Frequency band:
(MHz)
Telemetry
37. Manufacturer: 38. Frequency band:
(MHz) 39. Scanned
Parameters:
Operations
40. Flight rules:
VFR
IFR
41. Type of operation:
VLOS
BVLOS
42. Purpose:
Recreation
and sport
Private
commercial
43. RPA detect and avoid capabilities:
44. Attachments:
· Colour photograph of RPA( front and side, on the ground, occupying most of the image size)
· Circuit diagram of onboard wiring with description of individual parts
· Safety documentation containing at least emergency procedures in case of:
- Control failure
- Engine failure
- Accumulator issues
- Command and control data link failure
· Copy of a liability insurance document related to RPAS operation
· Type certificate (if applicable)
45. Declaration
I hereby declare that I am aware of the full accountability for the RPA technical condition and that
I will operate the RPA and maintain its airworthiness in accordance with the Civil Aviation
(RPAS) Regulations, entirely at my own responsibility and
The information provided in this form is accurate and true to the best of my knowledge.
Name: Date: (DD/MM/YYYY) Signature:
Fill in according to the RPA type and equipment
3 of 3
CAA USE ONLY
Security
Clearance/
Permit
YES
NO
Date issued:
Reference Number:
Registration
Accepted: Yes No Date issued:
Registration Number issued: Applicable Charges
Official Signature: Date:
1 of 1
Annex 2: Proposed Regulatory Charges for Remotely Piloted Aircraft Systems (RPAS)
The following charges are proposed to be levied by the Kenya Civil Aviation Authority
as regulatory charges with respect to Remotely Piloted Aircraft Systems (RPAS) in
light of implementation of Civil Aviation (Remotely Piloted Aircraft Systems)
Regulations.
NO.
SERVICE
CHARGES
Sports and
Recreational
Private
Commercial
1 Issue Import Permit USD. 200 USD. 200 USD. 200
2 Registration of RPAS USD. 200 USD. 300 USD. 500
3 Change of Registration
Particulars
USD. 200
USD. 200
USD. 200
4 Issue of Temporary Permit USD. 1,500 USD. 1,500 USD. 1,500
5 Granting of Authorisations USD. 200 USD. 200 USD. 200
6 Issue of RPAS Operating
Certificate (ROC)
USD. 1000
7 Renewal of RPAS Operating
Certificate (ROC)
USD. 600
8 Issue of RPAS Club Certificate USD. 700
9 Renewal of RPAS Club
Certificate
USD. 400
10 RPAS Pilot Licensing Fee USD. 200 USD. 400 USD. 400
11 RPAS Pilot Licensing Fee
Renewal
USD. 200
USD. 200
USD. 200
12 Search of RPAS Details USD. 200 USD. 200 USD. 200
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Inclusion of RPAS Training
in Training Organisation
Capability of ATO
USD. 1,000
USD. 1,000
USD. 1,000
14 Approval of Modifications USD. 2,000 USD. 2,000 USD. 2,000
15 Validations of Foreign Licence USD. 200 USD. 200 USD. 200
