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Wakilii

Civil Aviation (Aeronautical Radio Navigation Aids) Regulations

Statutory Instrument 72 of 2022 Current version · as at 12 August 2022
Enacted2022
Commenced12 August 2022
Last amended
Point-in-time consolidation · as at 12 August 2022. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

A full descriptive summary for this Act has not been recorded yet.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

101 parts · 1331 sections · 10 Schedules

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Civil Aviation (Aeronautical Radio Navigation Aids) Regulations

Commenced on 12 August 2022

[This is the version of this document at 12 August 2022.]

Part II

3. Composition of Tribunal

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Composition of Tribunal”.

“Composition of Tribunal”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Composition of Tribunal”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
4. Appointment of member of Tribunal

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Appointment of member of Tribunal”.

“Appointment of member of Tribunal”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Appointment of member of Tribunal”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
5. Qualifications for appointment

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Qualifications for appointment”.

“Qualifications for appointment”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Qualifications for appointment”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
6. Tenure of office of member of Tribunal

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Tenure of office of member of Tribunal”.

“Tenure of office of member of Tribunal”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Tenure of office of member of Tribunal”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
7. Conditions of appointment

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Conditions of appointment”.

“Conditions of appointment”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Conditions of appointment”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
8. Functions of Tribunal

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Functions of Tribunal”.

“Functions of Tribunal”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Functions of Tribunal”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
9. Oath of office

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Oath of office”.

“Oath of office”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Oath of office”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
10. Termination of appointment

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Termination of appointment”.

“Termination of appointment”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Termination of appointment”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
11. Disclosure of interest

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Disclosure of interest”.

“Disclosure of interest”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Disclosure of interest”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
12. Official seal

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Official seal”.

“Official seal”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Official seal”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
13. Quorum of Tribunal

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Quorum of Tribunal”.

“Quorum of Tribunal”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Quorum of Tribunal”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
14. Remuneration

Regulation

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Remuneration”.

“Regulation”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Remuneration”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
15. Jurisdiction of Tribunal

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Jurisdictional rule

This section establishes the jurisdictional rule for “Jurisdiction of Tribunal”.

“Jurisdiction of Tribunal”
Primary legislation Source quotation matched
Practical effect

A litigant should establish this jurisdictional basis before asking the court to determine the merits.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
16. Financial year

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Financial year”.

“Financial year”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Financial year”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
17. Annual report

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Annual report”.

“Annual report”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Annual report”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part V

69. Service of notices

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Procedural rule

This section establishes the governing procedure for “Service of notices”.

“Service of notices”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
70. Fees

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Fees”.

“Fees”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Fees”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
71. Vacation period

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Vacation period”.

“Vacation period”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Vacation period”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
72. Tribunal business in vacation

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Tribunal business in vacation”.

“Tribunal business in vacation”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Tribunal business in vacation”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
73. Computation of time

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Limitation rule

This section establishes the statutory limit for “Computation of time”.

“Computation of time”
Primary legislation Source quotation matched
Practical effect

Check the relevant dates and any stated exception before commencing or resisting proceedings.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
74. Recusal

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Recusal”.

“Recusal”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Recusal”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
75. Application of Civil Procedure Regulations

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Scope rule

This section defines when and how “Application of Civil Procedure Regulations” applies.

“Application of Civil Procedure Regulations”
Primary legislation Source quotation matched
Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
76. Communications to Tribunal

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Communications to Tribunal”.

“Communications to Tribunal”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Communications to Tribunal”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
77. Information technology

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Information technology”.

“Information technology”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Information technology”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
78. Remuneration and taxation of costs

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Remuneration and taxation of costs”.

“Remuneration and taxation of costs”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Remuneration and taxation of costs”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
79. Revocation of S.I. No. 68 of

SCHEDULES

SCHEDULE 1-CURRENCY POINT

SCHEDULE 2-OATHS

SCHEDULE 3-FORMS

SCHEDULE 4-FEES

S T A T U T O R Y I N S T R U M E N T S

2022 No. 105.

The Civil Aviation (Appeals Tribunal) (Practice and Procedure) Regulations, 2022 (Under sections 43 and 44 of the Civil Aviation Authority Act, Cap. 354)

IN EXERCISE of the powers conferred upon the Minister responsible for civil aviation by sections 43(2) and 44 of the Civil Aviation Authority Act, and on the recommendation of the Board of Uganda Civil Aviation Authority, these Regulations are made, this 12th day of August, 2022.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Revocation of S.I. No. 68 of”.

“SCHEDULES”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part II

3. Composition of Tribunal

The Tribunal shall consist of a Chairperson, Deputy Chairperson and three other members, at least two of whom shall be women.

4. Appointment of member of Tribunal
(1)

The Chairperson and Deputy Chairperson shall be appointed by the Minister, on the advice of the Judicial Service Commission, and with the approval of Parliament. (2) The other three members of the Tribunal shall be appointed by the Minister, on the advice of the Public Service Commission and with the approval of Parliament.

5. Qualifications for appointment
(1)

A person shall not be eligible for appointment as a member of the Tribunal unless that person- (a) is a citizen of Uganda; (b) is a person of high moral character and proven integrity; and (c) has knowledge and experience in aviation matters of at least ten years, in case of the person referred to in regulation 4(2).

(2)

In addition to the requirements under subregulation (1) (a) and (b), a person is not qualified to be appointed Chairperson or Deputy Chairperson unless he or she is qualified to be appointed as a judge of the High Court.

6. Tenure of office of member of Tribunal
(1)

The Chairperson and the members of the Tribunal shall hold office for a term of three years and shall be eligible for reappointment for one more term only.

(2)

A member of the Tribunal may be appointed on part time basis.

7. Conditions of appointment

Subject to these Regulations, the Chairperson or a member of the Tribunal shall hold office on such terms and conditions as are stated in his or her letter of appointment.

8. Functions of Tribunal

The functions of the Tribunal are- (a) to receive and examine matters arising from decisions of the authority relating to licensing under the Act; and (b) to determine any appeal from the decisions of the authority relating to licensing under the Act.

9. Oath of office

A person appointed as Chairperson or member of the Tribunal shall, before assuming the duties of his or her office, take and subscribe the Oath of allegiance and the Judicial Oath specified in Schedule 2 to these Regulations.

10. Termination of appointment
(1)

The Chairperson or a member of the Tribunal may resign his or her office upon giving notice of one month in writing to the Minister. (2) The Chairperson or member may be removed from office by the Minister for- (a) inability to perform the functions of his or her office arising from infirmity of body or mind; (b) misbehaviour or professional misconduct; (c) incompetence; (d) abuse of office; (e) corruption;

(f)

being declared bankrupt; or

(g)

being convicted of an offence and sentenced to imprisonment for six months or more by a court of competence jurisdiction in Uganda or outside Uganda.

(3)

The Minister shall remove the Chairperson or a member of the Tribunal if the question of his or her removal has been referred to a committee appointed under subregulation (4) and the committee has recommended to the Minister that the member ought to be removed from office on any ground described in subregulation (2).

(4)

The question whether the Chairperson or other member of the Tribunal should be removed, shall be referred to a committee appointed by the Minister consisting of three persons who are or who have held office as judges or who are advocates of not less than ten years' standing.

(5)

The committee appointed under subregulation (4) shall inquire into the matter and report to the Minister, recommending whether or not the Chairperson or the member of the Tribunal ought to be removed from office under these Regulations.

(6)

Where the question of the removal of the Chairperson or a member of the Tribunal is referred to a committee under this regulation, the Minister shall suspend the Chairperson or member from performing the functions of his or her office.

(7)

The Minister shall nominate one member of the Tribunal to act as Chairperson where the Chairperson is suspended under subregulation (6).

(8)

A suspension under subregulation (6) shall cease to have effect where the Minister, upon recommendation of the committee not to remove the member from office, lifts the suspension, by written notification to the Tribunal.

11. Disclosure of interest
(1)

A member of the Tribunal who has an interest, pecuniary or otherwise in a matter before the Tribunal that may conflict with the proper performance of his or her functions, shall disclose the nature of his or her interest to the parties to the proceedings at the beginning of the proceedings. (2) A member who makes a disclosure under subregulation (1) shall not take part in any decision of the Tribunal with respect to that matter. (3) A member of the Tribunal who fails to disclose any interest in a matter before the Tribunal and participates in the proceedings of the Tribunal commits an offence and is liable, on conviction, to a fine not exceeding one hundred fifty currency points or imprisonment not exceeding three years or both.

12. Official seal
(1)

The Tribunal shall have a seal which shall be judicially noticed. (2) The form of the seal of the Tribunal shall be determined by the Tribunal. (3) The seal of the Tribunal shall be affixed by or with the authority of the Tribunal to such documents as are required, by direction of the Chairperson, to be sealed by the Tribunal.

13. Quorum of Tribunal The quorum of

the Tribunal shall be three members

14. Remuneration

The Chairperson and a member of the Tribunal shall be paid such remuneration as may be determined by the Minister in consultation with the Minister responsible for finance

15. Jurisdiction of Tribunal

The Tribunal shall have jurisdiction to hear and determine all matters relating to appeals from decisions of the authority relating to licensing under the Act

16. Financial year The financial year of

the Tribunal shall be the period of twelve months commencing on the 1st day of July and ending on the 30th day of June of the following year

17. Annual report

The Chairperson shall submit to the Minister, as soon as practicable but not later than four months after the end of each financial year, a report detailing the activities of the Tribunal during the year to which the report relates, including the audited accounts of the Tribunal

Part III

18. Arrangement of business
(1)

Subject to these Regulations, the Chairperson is responsible for ensuring the orderly and expeditious discharge of the business of the Tribunal.

(2)

Without limiting the general effect of subregulation (1), the Chairperson shall give directions as to- (a) the arrangement of the business of the Tribunal; (b) the places at which the Tribunal may sit; (c) the procedure of the Tribunal generally; and (d) the procedure of the Tribunal when constituted.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Arrangement of business”.

“(1) Subject to these Regulations, the Chairperson is responsible for ensuring the orderly and expeditious discharge of the business of the Tribunal.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) Subject to these Regulations, the Chairperson is responsible for ensuring the orderly and expeditious discharge of the business of the Tribunal.
  2. (2) Without limiting the general effect of subregulation (1), the Chairperson shall give directions as to- (a) the arrangement of the business of the Tribunal; (b) the places at which the Tribunal may sit; (c) the procedure of the Tribunal generally; and (d) the procedure of the Tribunal when constituted.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
19. Business of Tribunal
(1)

The business of the Tribunal shall, unless otherwise directed by the Chairperson, be conducted between the hours of 8.00 a.m and 5.00 p.m on official working days.

(2)

Notwithstanding subregulation (1), the Tribunal may sit on a day which is not an official working day and any decision made shall not be altered or reversed only by reason that the decision was made on a day which is not an official working day. (3) All proceedings of the Tribunal shall be open to the public unless otherwise decided by the Tribunal.

(4)

The Tribunal may sit in Kampala or outside Kampala as may be determined by the Chairperson.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Business of Tribunal”.

“(1) The business of the Tribunal shall, unless otherwise directed by the Chairperson, be conducted between the hours of 8.00 a.m and 5.00 p.m on official working days.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) The business of the Tribunal shall, unless otherwise directed by the Chairperson, be conducted between the hours of 8.00 a.m and 5.00 p.m on official working days.
  2. (2) Notwithstanding subregulation (1), the Tribunal may sit on a day which is not an official working day and any decision made shall not be altered or reversed only by reason that the decision was made on a day which is not an official working day. (3) All proceedings of the Tribunal shall be open to the public unless otherwise decided by the Tribunal.
  3. (4) The Tribunal may sit in Kampala or outside Kampala as may be determined by the Chairperson.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
20. Proceedings of Tribunal
(1)

The proceedings of the Tribunal and the matters to be disposed of by the Tribunal shall be determined by the Chairperson and shall be notified as the Chairperson may direct.

(2)

The Deputy Chairperson shall perform the functions in subregulation (1) where the Chairperson is absent.

(3)

Nothing in these Regulations precludes the Tribunal from disposing of any business that has not been notified.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Proceedings of Tribunal”.

“(1) The proceedings of the Tribunal and the matters to be disposed of by the Tribunal shall be determined by the Chairperson and shall be notified as the Chairperson may direct.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) The proceedings of the Tribunal and the matters to be disposed of by the Tribunal shall be determined by the Chairperson and shall be notified as the Chairperson may direct.
  2. (2) The Deputy Chairperson shall perform the functions in subregulation (1) where the Chairperson is absent.
  3. (3) Nothing in these Regulations precludes the Tribunal from disposing of any business that has not been notified.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
21. Registry of Tribunal
(1)

The Tribunal shall have a registry headed by the Registrar.

(2)

All matters referred to the Tribunal under the Act shall be filed in the registry.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Registry of Tribunal”.

“(1) The Tribunal shall have a registry headed by the Registrar.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) The Tribunal shall have a registry headed by the Registrar.
  2. (2) All matters referred to the Tribunal under the Act shall be filed in the registry.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
22. Appointment of Registrar
(1)

There shall be a Registrar of the Tribunal, who shall be a person qualified to be a Registrar of the High Court and who shall be appointed by the Minister in consultation with the Judicial Service Commission. (2) The Registrar shall be responsible for the day-to-day administration of the affairs of the Tribunal including keeping of public records of the proceedings of the Tribunal and processing of the documents of the Tribunal.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Appointment of Registrar”.

“(1) There shall be a Registrar of the Tribunal, who shall be a person qualified to be a Registrar of the High Court and who shall be appointed by the Minister in consultation with the Judicial Service Commission. (2) The Registrar shall be responsible for the day-to-day administration of the affairs of the Tribunal including keeping of public records of the proceedings of the Tribunal and processing of the documents of the Tribunal.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (1) There shall be a Registrar of the Tribunal, who shall be a person qualified to be a Registrar of the High Court and who shall be appointed by the Minister in consultation with the Judicial Service Commission. (2) The Registrar shall be responsible for the day-to-day administration of the affairs of the Tribunal including keeping of public records of the proceedings of the Tribunal and processing of the documents of the Tribunal.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
23. Functions of Registrar
(1)

The Registrar shall be responsible for the day-to-day administration of the affairs of the Tribunal and shall perform the following functions- (a) receive and register appeals made to the Tribunal under section 44 of the Act;

(b)

schedule matters received under paragraph (a) for hearing by the Tribunal; (c) issue and serve notices and summons issued by the Tribunal; (d) communicate the decision of the Tribunal to the parties; (e) keep all documents, books, things or records of the proceedings of the Tribunal; (f) handle taxation of costs; (g) prepare and maintain a record of proceedings; and (h) perform any other function as the Tribunal may determine in accordance with the Act and these Regulations.

(2)

The Chairperson may give the Registrar directions on the exercise of his or her power.

(3)

The Registrar shall be the custodian of the seal of the Tribunal.

(4)

The Registrar shall, in the performance of his or her functions under these Regulations, be answerable to the Chairperson of the Tribunal.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Functions of Registrar”.

“(1) The Registrar shall be responsible for the day-to-day administration of the affairs of the Tribunal and shall perform the following functions- (a) receive and register appeals made to the Tribunal under section 44 of the Act;”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) The Registrar shall be responsible for the day-to-day administration of the affairs of the Tribunal and shall perform the following functions- (a) receive and register appeals made to the Tribunal under section 44 of the Act;
  2. (b) schedule matters received under paragraph (a) for hearing by the Tribunal; (c) issue and serve notices and summons issued by the Tribunal; (d) communicate the decision of the Tribunal to the parties; (e) keep all documents, books, things or records of the proceedings of the Tribunal; (f) handle taxation of costs; (g) prepare and maintain a record of proceedings; and (h) perform any other function as the Tribunal may determine in accordance with the Act and these Regulations.
  3. (2) The Chairperson may give the Registrar directions on the exercise of his or her power.
  4. (3) The Registrar shall be the custodian of the seal of the Tribunal.
  5. (4) The Registrar shall, in the performance of his or her functions under these Regulations, be answerable to the Chairperson of the Tribunal.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
24. Maintenance of register
(1)

The Registrar shall maintain a register of every matter filed with the Tribunal.

(2)

The Registrar shall, for each matter referred to under subregulation (1), maintain-

(a)

the serial number of the matter;

(b)

the date on which the matter was filed;

(c)

the name and address of the parties;

(d)

the brief description of the matter;

(e)

a list of documents or material evidence adduced by the parties;

(f)

a brief description of the findings that gave rise to the matter before the Tribunal, where applicable;

(g)

the date of the hearing of the matter;

(h)

the names of witnesses, if any; (i) where applicable, any interlocutory orders made by the Tribunal and the date on which they were made; (j) the decisions of the Tribunal and the date on which the decisions were made; (k) particulars of execution of a decision of the Tribunal; (l) a record of proceedings; (m) any Notice of Appeal to the High Court; and (n) the date of any request for the proceedings of the Tribunal.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Maintenance of register”.

“(1) The Registrar shall maintain a register of every matter filed with the Tribunal.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

10
  1. (1) The Registrar shall maintain a register of every matter filed with the Tribunal.
  2. (2) The Registrar shall, for each matter referred to under subregulation (1), maintain-
  3. (a) the serial number of the matter;
  4. (b) the date on which the matter was filed;
  5. (c) the name and address of the parties;
  6. (d) the brief description of the matter;
  7. (e) a list of documents or material evidence adduced by the parties;
  8. (f) a brief description of the findings that gave rise to the matter before the Tribunal, where applicable;

2 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
25. Appointment of other officers and staff
(1)

There shall be other officers and staff of the Tribunal as may be necessary for the effective performance of the functions of the Tribunal.

(2)

The officers and staff of the Tribunal shall be appointed by the Public Service Commission.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Appointment of other officers and staff”.

“(1) There shall be other officers and staff of the Tribunal as may be necessary for the effective performance of the functions of the Tribunal.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) There shall be other officers and staff of the Tribunal as may be necessary for the effective performance of the functions of the Tribunal.
  2. (2) The officers and staff of the Tribunal shall be appointed by the Public Service Commission.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part IV

26. Procedure
(1)

Subject to these Regulations, the Tribunal may determine its own procedure.

(2)

A proceeding before the Tribunal shall be conducted with as little formality and technicality as possible, and the Tribunal shall not be bound by the rules of evidence, but may inform itself on any matter in such manner as it thinks appropriate.

(3)

The proceedings of the Tribunal shall be conducted in accordance with such rules of practice and procedure as the Tribunal may specify, and the Tribunal may apply the rules of practice and procedure of any court subject to such modifications as the Tribunal may direct.

(4)

The Tribunal shall have such assistance in carrying out its lawful summons, processes, orders, rules, decrees or commands as is available to a court in Uganda.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Procedural rule

This section establishes the governing procedure for “Procedure”.

“(1) Subject to these Regulations, the Tribunal may determine its own procedure.”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) Subject to these Regulations, the Tribunal may determine its own procedure.
  2. (2) A proceeding before the Tribunal shall be conducted with as little formality and technicality as possible, and the Tribunal shall not be bound by the rules of evidence, but may inform itself on any matter in such manner as it thinks appropriate.
  3. (3) The proceedings of the Tribunal shall be conducted in accordance with such rules of practice and procedure as the Tribunal may specify, and the Tribunal may apply the rules of practice and procedure of any court subject to such modifications as the Tribunal may direct.
  4. (4) The Tribunal shall have such assistance in carrying out its lawful summons, processes, orders, rules, decrees or commands as is available to a court in Uganda.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
27. Representation before Tribunal

A party may appear in person or may be represented by an advocate in any proceedings before the Tribunal

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Representation before Tribunal”.

“A party may appear in person or may be represented by an advocate in any proceedings before the Tribunal”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A party may appear in person or may be represented by an advocate in any proceedings before the Tribunal
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
28. Appeal under section 44 of Act
(1)

A person aggrieved by the decision of the authority under section 44 of the Act relating to licensing may file a Notice of Appeal with the Tribunal within seven days from the date of receipt of the decision.

(2)

The Notice of Appeal referred to in subregulation (1) shall be in Form 1 specified in Schedule 3 to these Regulations.

(3)

The Notice of Appeal shall state-

(a)

the names of the parties to the appeal;

(b)

the date and a brief description of the decision appealed against; and

(c)

the addresses of the parties to the intended appeal to allow the Registrar to effect proper service.

(4)

A Notice of Appeal shall be signed by the appellant or his or her representative.

(5)

The appellant shall serve the Notice of Appeal on the respondent within five days from the date of filing the notice.

(6)

Proof of service of the Notice of Appeal on the respondent or his or her advocate shall be entered on the record by the Registrar.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Procedural rule

This section establishes the governing procedure for “Appeal under section 44 of Act”.

“(1) A person aggrieved by the decision of the authority under section 44 of the Act relating to licensing may file a Notice of Appeal with the Tribunal within seven days from the date of receipt of the decision.”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

9
  1. (1) A person aggrieved by the decision of the authority under section 44 of the Act relating to licensing may file a Notice of Appeal with the Tribunal within seven days from the date of receipt of the decision.
  2. (2) The Notice of Appeal referred to in subregulation (1) shall be in Form 1 specified in Schedule 3 to these Regulations.
  3. (3) The Notice of Appeal shall state-
  4. (a) the names of the parties to the appeal;
  5. (b) the date and a brief description of the decision appealed against; and
  6. (c) the addresses of the parties to the intended appeal to allow the Registrar to effect proper service.
  7. (4) A Notice of Appeal shall be signed by the appellant or his or her representative.
  8. (5) The appellant shall serve the Notice of Appeal on the respondent within five days from the date of filing the notice.

1 further item remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
29. Memorandum of appeal
(1)

An appeal shall be filed in the Tribunal by submitting nine copies of a memorandum of appeal to the Registrar within fourteen days after filing the notice of appeal under regulation 28.

(2)

The memorandum of appeal referred to in subregulation (1) shall be in Form 2 specified in Schedule 3 to these Regulations.

(3)

The memorandum of appeal shall contain- (a) a brief statement of facts; (b) a copy of the decision being appealed against; (c) the decision or part of the decision that the appellant is dissatisfied with; (d) the brief summary of evidence to support the appeal; (e) copies of legal authorities the appellant intends to rely on at the hearing; (f) any other supporting documents; and (g) the prayers or reliefs sought by the appellant.

(4)

The Registrar shall assign a number to every appeal filed under subregulation (1) and every document filed together with the memorandum or subsequently filed shall bear a serial number.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Procedural rule

This section establishes the governing procedure for “Memorandum of appeal”.

“(1) An appeal shall be filed in the Tribunal by submitting nine copies of a memorandum of appeal to the Registrar within fourteen days after filing the notice of appeal under regulation 28.”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) An appeal shall be filed in the Tribunal by submitting nine copies of a memorandum of appeal to the Registrar within fourteen days after filing the notice of appeal under regulation 28.
  2. (2) The memorandum of appeal referred to in subregulation (1) shall be in Form 2 specified in Schedule 3 to these Regulations.
  3. (3) The memorandum of appeal shall contain- (a) a brief statement of facts; (b) a copy of the decision being appealed against; (c) the decision or part of the decision that the appellant is dissatisfied with; (d) the brief summary of evidence to support the appeal; (e) copies of legal authorities the appellant intends to rely on at the hearing; (f) any other supporting documents; and (g) the prayers or reliefs sought by the appellant.
  4. (4) The Registrar shall assign a number to every appeal filed under subregulation (1) and every document filed together with the memorandum or subsequently filed shall bear a serial number.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
30. Procedure on receipt of memorandum of appeal
(1)

The Registrar shall, upon receipt of a memorandum of appeal under regulation 29- (a) acknowledge receipt of the memorandum of appeal using an acknowledgement form set out in Form 2 specified in Schedule 3 to these Regulations; (b) date, stamp and sign the nine copies of the memorandum of appeal; (c) retain seven copies for use by the Tribunal; and (d) return two copies to the appellant one of which shall be served on the respondent. (2) The Registrar shall issue summons to the respondent to file a response to the memorandum of appeal and may give other directions on appearance before the Tribunal. (3) The summons shall be as specified in Form 3 specified in Schedule 3 to these Regulations.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Procedural rule

This section establishes the governing procedure for “Procedure on receipt of memorandum of appeal”.

“(1) The Registrar shall, upon receipt of a memorandum of appeal under regulation 29- (a) acknowledge receipt of the memorandum of appeal using an acknowledgement form set out in Form 2 specified in Schedule 3 to these Regulations; (b) date, stamp and sign the nine copies of the memorandum of appeal; (c) retain seven copies for use by the Tribunal; and (d) return two copies to the appellant one of which shall be served on the respondent. (2) The Registrar shall issue summons to the respondent to file a response to…”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (1) The Registrar shall, upon receipt of a memorandum of appeal under regulation 29- (a) acknowledge receipt of the memorandum of appeal using an acknowledgement form set out in Form 2 specified in Schedule 3 to these Regulations; (b) date, stamp and sign the nine copies of the memorandum of appeal; (c) retain seven copies for use by the Tribunal; and (d) return two copies to the appellant one of which shall be served on the respondent. (2) The Registrar shall issue summons to the respondent to file a response to the memorandum of appeal and may give other directions on appearance before the Tribunal. (3) The summons shall be as specified in Form 3 specified in Schedule 3 to these Regulations.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
31. Service of memorandum of appeal on respondent

The appellant shall serve a copy of the memorandum of appeal on the respondent within fourteen days from the date of filing of the memorandum of appeal with the Tribunal

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Procedural rule

This section establishes the governing procedure for “Service of memorandum of appeal on respondent”.

“The appellant shall serve a copy of the memorandum of appeal on the respondent within fourteen days from the date of filing of the memorandum of appeal with the Tribunal”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The appellant shall serve a copy of the memorandum of appeal on the respondent within fourteen days from the date of filing of the memorandum of appeal with the Tribunal
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
32. Proof of service
(1)

The appellant shall provide an acknowledgement of service in Form 4 specified in Schedule 3 to these Regulations signed by the respondent or a representative of the respondent which shall be returned to the Registrar with an affidavit of service as proof of service. (2) Proof of service shall be entered in the register by the Registrar.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Procedural rule

This section establishes the governing procedure for “Proof of service”.

“(1) The appellant shall provide an acknowledgement of service in Form 4 specified in Schedule 3 to these Regulations signed by the respondent or a representative of the respondent which shall be returned to the Registrar with an affidavit of service as proof of service. (2) Proof of service shall be entered in the register by the Registrar.”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (1) The appellant shall provide an acknowledgement of service in Form 4 specified in Schedule 3 to these Regulations signed by the respondent or a representative of the respondent which shall be returned to the Registrar with an affidavit of service as proof of service. (2) Proof of service shall be entered in the register by the Registrar.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
33. Reply by respondent
(1)

A respondent shall, within fourteen days of receipt of the memorandum of appeal, file with the Registrar, nine copies of each of the following-

(a)

a statement in reply responding to the grounds of appeal in the memorandum of appeal; (b) a summary of evidence and the defence; (c) the relevant documents in the possession of the respondent or under the control of the respondent; and (d) the name of the appointed representative of the respondent, if any.

(2)

A respondent shall pile the documents referred to in subregulation (1) using Form 5 specified in Schedule 3 to these Regulations.

(3)

Where a respondent files a counterclaim or cross appeal, the appellant may file a reply to the counterclaim or cross appeal within fourteen days of receipt of the counterclaim or cross appeal.

(4)

No other reply or rejoinder shall, subsequent to subregulation (3), be filed without leave of the Tribunal, the application for which shall be filed within fifteen days from the date of the last service. (5) The Tribunal may by notice, require the respondent to submit additional information within a time specified in the notice. (6) The notice referred to in subregulation (5) is set out in Form 6 specified in Schedule 3 to these Regulations.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Reply by respondent”.

“(1) A respondent shall, within fourteen days of receipt of the memorandum of appeal, file with the Registrar, nine copies of each of the following-”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) A respondent shall, within fourteen days of receipt of the memorandum of appeal, file with the Registrar, nine copies of each of the following-
  2. (a) a statement in reply responding to the grounds of appeal in the memorandum of appeal; (b) a summary of evidence and the defence; (c) the relevant documents in the possession of the respondent or under the control of the respondent; and (d) the name of the appointed representative of the respondent, if any.
  3. (2) A respondent shall pile the documents referred to in subregulation (1) using Form 5 specified in Schedule 3 to these Regulations.
  4. (3) Where a respondent files a counterclaim or cross appeal, the appellant may file a reply to the counterclaim or cross appeal within fourteen days of receipt of the counterclaim or cross appeal.
  5. (4) No other reply or rejoinder shall, subsequent to subregulation (3), be filed without leave of the Tribunal, the application for which shall be filed within fifteen days from the date of the last service. (5) The Tribunal may by notice, require the respondent to submit additional information within a time specified in the notice. (6) The notice referred to in subregulation (5) is set out in Form 6 specified in Schedule 3 to these Regulations.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
34. Failure by respondent to reply

The Tribunal may, where satisfied that the respondent was effectively served, proceed to consider and determine the matter where the respondent fails to file a reply within the period specified in regulation

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Failure by respondent to reply”.

“The Tribunal may, where satisfied that the respondent was effectively served, proceed to consider and determine the matter where the respondent fails to file a reply within the period specified in regulation”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The Tribunal may, where satisfied that the respondent was effectively served, proceed to consider and determine the matter where the respondent fails to file a reply within the period specified in regulation
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
33. 35. Amendment of pleadings
(1)

The Tribunal may, at any stage of the proceedings, allow either party to alter or amend his or her pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties. (2) An appellant may, without leave, amend his or her memorandum of appeal once at any time within fourteen days from the date of issue of the summons to the respondent or, where a reply is filed, then within fourteen days from the filing of the reply or the last of such replies.

(3)

A respondent who has set up any counterclaim or set off may without leave amend the counterclaim or set off at any time within fourteen days of filing of the counterclaim or set off, or, where the appellant files a reply to the counterclaim or set off, then within fourteen days from the filing of the reply.

(4)

Where an appellant has amended his or her pleading under subregulations (2) or (3), the respondent may within fourteen days from the date of service upon or delivery to him or her of the duplicate of the amended document, apply to the Tribunal to disallow the amendment or any part of it; and the Tribunal may, if satisfied that the justice of the case requires it, disallow the amendment or any part of it or allow it subject to such terms as to costs or otherwise as may be just. (5) Whenever any pleading is amended, the amended document shall be filed within the time allowed for amending the pleading and where the filing occurs before the date specified in the summons for the appearance of or the entering of appearance by the respondent, then a duplicate of the amended document shall be served upon the opposite party in the manner provided for the service of a summons under these Regulations, but where the amended document is filed after that date, a duplicate of the amended document shall be delivered to the opposite party by the party filing.

(6)

For the avoidance of doubt, where any party has amended his or her pleading under subregulations (2) or (3), the opposite party shall plead to the amended pleading or amend his or her pleading within the time he or she then has to plead, or within fifteen days of the service or delivery of the amendment, whichever shall last expire; and in case the opposite party has pleaded before the service or delivery of the amendment, and does not plead again or amend within the time specified in these Regulations, he or she shall be deemed to rely on his or her original pleading in answer to that amendment.

36. Withdrawal of proceedings
(1)

An appellant may, at any time after instituting his or her matter with the Tribunal and before the matter is fixed for hearing, apply to the Tribunal to withdraw the appeal using Form 7 specified in Schedule 3 to these Regulations.

(2)

Upon filing an application to withdraw the appeal under subregulation (1), the costs may be taxed, but the withdrawal shall not be a defence to any subsequent action.

(3)

The appellant shall, within seven days after lodging the application to withdraw, serve a copy of the application on the respondent. (4) Where all the parties to the matter consent to the withdrawal of the matter, the appellant may lodge in the registry the document signifying the consent of the parties and the proceedings shall terminate.

(5)

Where all the parties to the matter do not consent to the withdrawal of the matter, the Tribunal shall determine the application and if sufficient cause is shown, may dismiss the application or appeal with costs.

Powers of Tribunal

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Withdrawal of proceedings”.

“(1) An appellant may, at any time after instituting his or her matter with the Tribunal and before the matter is fixed for hearing, apply to the Tribunal to withdraw the appeal using Form 7 specified in Schedule 3 to these Regulations.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) An appellant may, at any time after instituting his or her matter with the Tribunal and before the matter is fixed for hearing, apply to the Tribunal to withdraw the appeal using Form 7 specified in Schedule 3 to these Regulations.
  2. (2) Upon filing an application to withdraw the appeal under subregulation (1), the costs may be taxed, but the withdrawal shall not be a defence to any subsequent action.
  3. (3) The appellant shall, within seven days after lodging the application to withdraw, serve a copy of the application on the respondent. (4) Where all the parties to the matter consent to the withdrawal of the matter, the appellant may lodge in the registry the document signifying the consent of the parties and the proceedings shall terminate.
  4. (5) Where all the parties to the matter do not consent to the withdrawal of the matter, the Tribunal shall determine the application and if sufficient cause is shown, may dismiss the application or appeal with costs.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
37. Powers of Tribunal
(1)

For the purposes of proceedings before the Tribunal, the Tribunal- (a) shall take evidence on oath;

(b)

may proceed in the absence of a party who has had reasonable notice of the proceedings; (c) may adjourn the hearing of the proceedings from time to time for sufficient cause; and (d) may make any other order which the Tribunal deems appropriate to give effect to its orders.

(2)

For the purposes of the hearing of a proceeding before the Tribunal, the Tribunal shall have powers of the High Court to summon a person to appear before it- (a) to give evidence; or (b) to produce books, documents or things in possession, custody or control of the person named in the summons.

(3)

Where the Tribunal considers it desirable for the purposes of avoiding expenses or delay, or for any other justifiable reason, it may receive evidence by affidavit and administer interrogatories and require the persons to whom interrogatories are administered to make a full and true reply to the interrogatories.

(4)

The Tribunal may issue a commission or request to examine a witness abroad.

(5)

The Tribunal may make an order as to costs against any party, and the order shall be enforceable in the same manner as an order of the High Court.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Powers of Tribunal”.

“(1) For the purposes of proceedings before the Tribunal, the Tribunal- (a) shall take evidence on oath;”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. (1) For the purposes of proceedings before the Tribunal, the Tribunal- (a) shall take evidence on oath;
  2. (b) may proceed in the absence of a party who has had reasonable notice of the proceedings; (c) may adjourn the hearing of the proceedings from time to time for sufficient cause; and (d) may make any other order which the Tribunal deems appropriate to give effect to its orders.
  3. (2) For the purposes of the hearing of a proceeding before the Tribunal, the Tribunal shall have powers of the High Court to summon a person to appear before it- (a) to give evidence; or (b) to produce books, documents or things in possession, custody or control of the person named in the summons.
  4. (3) Where the Tribunal considers it desirable for the purposes of avoiding expenses or delay, or for any other justifiable reason, it may receive evidence by affidavit and administer interrogatories and require the persons to whom interrogatories are administered to make a full and true reply to the interrogatories.
  5. (4) The Tribunal may issue a commission or request to examine a witness abroad.
  6. (5) The Tribunal may make an order as to costs against any party, and the order shall be enforceable in the same manner as an order of the High Court.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
38. Power to extend time

The Tribunal may, for sufficient reason, extend the time limited by these Regulations for the doing of any act authorised or required by these Regulations, whether before or after the expiration of that time and whether before or after the doing of the act and any reference in these Regulations to any such time shall be construed as a reference to the time as extended

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Power to extend time”.

“The Tribunal may, for sufficient reason, extend the time limited by these Regulations for the doing of any act authorised or required by these Regulations, whether before or after the expiration of that time and whether before or after the doing of the act and any reference in these Regulations to any such time shall be construed as a reference to the time as extended”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The Tribunal may, for sufficient reason, extend the time limited by these Regulations for the doing of any act authorised or required by these Regulations, whether before or after the expiration of that time and whether before or after the doing of the act and any reference in these Regulations to any such time shall be construed as a reference to the time as extended
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
39. Power to make inquiries, require information or documents

Where the Tribunal considers it necessary or desirable for the purpose of carrying out its functions and exercising its powers under the Act and these Regulations, it may, by notice in writing served on any person, require that person (a) to furnish to the Tribunal, in writing signed by that person, or in the case of a body corporate, by a director, a competent employee or agent of the body corporate, within the time and in the manner specified in the notice, any information or class of information specified in the notice; (b) to produce to the Tribunal or to a person specified in the notice acting on behalf of the Tribunal in accordance with the notice, any document or class of documents specified in the notice; or (c) to appear before the Tribunal at a time and place specified in the notice to give evidence, either orally or in writing, and produce any document or class of documents specified in the notice.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Power to make inquiries, require information or documents”.

“Where the Tribunal considers it necessary or desirable for the purpose of carrying out its functions and exercising its powers under the Act and these Regulations, it may, by notice in writing served on any person, require that person (a) to furnish to the Tribunal, in writing signed by that person, or in the case of a body corporate, by a director, a competent employee or agent of the body corporate, within the time and in the manner specified in the notice, any information or class of information specified in…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Where the Tribunal considers it necessary or desirable for the purpose of carrying out its functions and exercising its powers under the Act and these Regulations, it may, by notice in writing served on any person, require that person (a) to furnish to the Tribunal, in writing signed by that person, or in the case of a body corporate, by a director, a competent employee or agent of the body corporate, within the time and in the manner specified in the notice, any information or class of information specified in the notice; (b) to produce to the Tribunal or to a person specified in the notice acting on behalf of the Tribunal in accordance with the notice, any document or class of documents specified in the notice; or (c) to appear before the Tribunal at a time and place specified in the notice to give evidence, either orally or in writing, and produce any document or class of documents specified in the notice.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
40. Power to summon witnesses and administer oaths
(1)

The Tribunal shall, as regards the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders and other matters necessary for or the proper exercise of its jurisdiction, have all the powers, rights and privileges vested in the High Court.

(2)

Without limiting the general effect of subregulation (1), the Tribunal, may-

(a)

issue summons to any person requiring him or her to appear at a time and place mentioned in the summons to testify to any matters within his or her knowledge relevant to the matter before the Tribunal and to bring and produce any document, book or paper in his or her possession or control relevant to the matter;

(b)

administer oaths and examine any person upon oath, affirmation or otherwise; (c) during a hearing, receive such additional information as it may consider credible or necessary for dealing with the subject matter before it; (d) compel the production of documents; (e) confine, for any specific periods recalcitrant witnesses; and (f) cite any person for contempt.

(3)

A person given summons under subregulation (2) (a) shall attend at the time and place specified in the notice and continue to attend as required by the Tribunal until excused from further attendance.

(4)

The Tribunal shall issue summons to witnesses using Form 8 specified in Schedule 3 to these Regulations.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Jurisdictional rule

This section establishes the jurisdictional rule for “Power to summon witnesses and administer oaths”.

“(1) The Tribunal shall, as regards the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders and other matters necessary for or the proper exercise of its jurisdiction, have all the powers, rights and privileges vested in the High Court.”
Primary legislation Source quotation matched
Practical effect

A litigant should establish this jurisdictional basis before asking the court to determine the merits.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. (1) The Tribunal shall, as regards the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders and other matters necessary for or the proper exercise of its jurisdiction, have all the powers, rights and privileges vested in the High Court.
  2. (2) Without limiting the general effect of subregulation (1), the Tribunal, may-
  3. (a) issue summons to any person requiring him or her to appear at a time and place mentioned in the summons to testify to any matters within his or her knowledge relevant to the matter before the Tribunal and to bring and produce any document, book or paper in his or her possession or control relevant to the matter;
  4. (b) administer oaths and examine any person upon oath, affirmation or otherwise; (c) during a hearing, receive such additional information as it may consider credible or necessary for dealing with the subject matter before it; (d) compel the production of documents; (e) confine, for any specific periods recalcitrant witnesses; and (f) cite any person for contempt.
  5. (3) A person given summons under subregulation (2) (a) shall attend at the time and place specified in the notice and continue to attend as required by the Tribunal until excused from further attendance.
  6. (4) The Tribunal shall issue summons to witnesses using Form 8 specified in Schedule 3 to these Regulations.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
41. Mode of service of summons
(1)

Service of the summons shall be made by delivering or tendering a duplicate of the summons signed by the Registrar or such officer as the Chairperson appoints for this purpose, and sealed with the seal of the Tribunal.

(2)

Every witness summons or other notice requiring service shall, where practicable, be served personally on the person named in the summons or notice by delivering or tendering a duplicate of the summons or notice to the person and where required the original witness summons or notice shall be produced. (3) Where personal service is not practicable, service may be effected on a representative, in which case service on the representative shall be sufficient. (4) A person upon whom a summons or notice is served or his or her employee or agent shall sign or put his or her signature or mark in acknowledgement of receipt of the summons or notice upon the original summons or notice, which shall thereafter be returned to the Tribunal.

(5)

The acknowledgement of service of summons is specified in Form 4 specified in Schedule 3 to these Regulations.

(6)

Where a person refuses to acknowledge receipt of summons or notice under subregulation (4), the person who has effected service of summons or notice shall record in writing the refusal on the notice or summons.

(7)

Where the Tribunal is satisfied that for any reason the summons cannot be served in accordance with subregulations (2) and (3), the Tribunal shall order the summons to be served by affixing a copy of it in some conspicuous place at the Tribunal, and also upon some conspicuous part of the house, if any, in which the respondent is known to have last resided or carried on business or personally worked for gain, or in such other manner as the Tribunal thinks fit.

(8)

Substituted service under an order of the Tribunal shall be as effectual as if it had been made on the respondent personally.

(9)

Where the Tribunal makes an order for substituted service, it shall fix such time for the appearance of the respondent before the Tribunal as the case may require.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Procedural rule

This section establishes the governing procedure for “Mode of service of summons”.

“(1) Service of the summons shall be made by delivering or tendering a duplicate of the summons signed by the Registrar or such officer as the Chairperson appoints for this purpose, and sealed with the seal of the Tribunal.”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (1) Service of the summons shall be made by delivering or tendering a duplicate of the summons signed by the Registrar or such officer as the Chairperson appoints for this purpose, and sealed with the seal of the Tribunal.
  2. (2) Every witness summons or other notice requiring service shall, where practicable, be served personally on the person named in the summons or notice by delivering or tendering a duplicate of the summons or notice to the person and where required the original witness summons or notice shall be produced. (3) Where personal service is not practicable, service may be effected on a representative, in which case service on the representative shall be sufficient. (4) A person upon whom a summons or notice is served or his or her employee or agent shall sign or put his or her signature or mark in acknowledgement of receipt of the summons or notice upon the original summons or notice, which shall thereafter be returned to the Tribunal.
  3. (5) The acknowledgement of service of summons is specified in Form 4 specified in Schedule 3 to these Regulations.
  4. (6) Where a person refuses to acknowledge receipt of summons or notice under subregulation (4), the person who has effected service of summons or notice shall record in writing the refusal on the notice or summons.
  5. (7) Where the Tribunal is satisfied that for any reason the summons cannot be served in accordance with subregulations (2) and (3), the Tribunal shall order the summons to be served by affixing a copy of it in some conspicuous place at the Tribunal, and also upon some conspicuous part of the house, if any, in which the respondent is known to have last resided or carried on business or personally worked for gain, or in such other manner as the Tribunal thinks fit.
  6. (8) Substituted service under an order of the Tribunal shall be as effectual as if it had been made on the respondent personally.
  7. (9) Where the Tribunal makes an order for substituted service, it shall fix such time for the appearance of the respondent before the Tribunal as the case may require.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
42. Warrant of arrest
(1)

Where, without sufficient cause, a witness does not appear in obedience to a summons, the Tribunal may, on proof that proper service was effected on the witness, issue a warrant of arrest for the witness to be brought before the Tribunal on the date, time and place specified in the warrant.

(2)

The warrant of arrest is specified in Form 9 specified in Schedule 3 to these Regulations.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Warrant of arrest”.

“(1) Where, without sufficient cause, a witness does not appear in obedience to a summons, the Tribunal may, on proof that proper service was effected on the witness, issue a warrant of arrest for the witness to be brought before the Tribunal on the date, time and place specified in the warrant.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) Where, without sufficient cause, a witness does not appear in obedience to a summons, the Tribunal may, on proof that proper service was effected on the witness, issue a warrant of arrest for the witness to be brought before the Tribunal on the date, time and place specified in the warrant.
  2. (2) The warrant of arrest is specified in Form 9 specified in Schedule 3 to these Regulations.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
43. Power to proceed despite non-appearance of party
(1)

Where, on the date fixed for the hearing, the applicant or appellant appears, but the respondent or his or her representative does not appear, the Tribunal may- (a) if satisfied that the hearing notice or summons notifying the respondent of the place and time of the hearing was duly served upon the respondent, proceed to receive the evidence and submissions; (b) if satisfied that the applicant or appellant has established his or her claim, in whole or in part, make a decision in favour of the applicant or appellant accordingly; or (c) if the Tribunal is satisfied that the summons or hearing notice was served on the respondent, but not in sufficient time to enable him or her to appear and answer on the day fixed, or that the respondent was for other sufficient cause unable to appear in person or cause appearance to be made on his or her behalf, the Tribunal shall postpone the hearing of the matter to a future day to be fixed by the Tribunal and shall direct notice of that day to be given to the respondent. (2) Where, on the date fixed for the hearing, the respondent appears, but the applicant or appellant does not appear, the Tribunal may make an order that the matter be dismissed, unless the respondent admits the claim, or part of it, in which case the Tribunal shall pass a decree against the respondent upon the admission and where part only of the claim has been admitted, may dismiss the matter so far as it relates to the remainder.

(3)

The Tribunal may dismiss the appeal where, on the day fixed for the hearing, both parties do not appear.

(4)

Where an appeal is dismissed under subregulation (3), the Tribunal may reinstate the appeal if the appellant shows sufficient cause for non-appearance within twenty one days from the date of dismissal.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Power to proceed despite non-appearance of party”.

“(1) Where, on the date fixed for the hearing, the applicant or appellant appears, but the respondent or his or her representative does not appear, the Tribunal may- (a) if satisfied that the hearing notice or summons notifying the respondent of the place and time of the hearing was duly served upon the respondent, proceed to receive the evidence and submissions; (b) if satisfied that the applicant or appellant has established his or her claim, in whole or in part, make a decision in favour of the applicant or…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) Where, on the date fixed for the hearing, the applicant or appellant appears, but the respondent or his or her representative does not appear, the Tribunal may- (a) if satisfied that the hearing notice or summons notifying the respondent of the place and time of the hearing was duly served upon the respondent, proceed to receive the evidence and submissions; (b) if satisfied that the applicant or appellant has established his or her claim, in whole or in part, make a decision in favour of the applicant or appellant accordingly; or (c) if the Tribunal is satisfied that the summons or hearing notice was served on the respondent, but not in sufficient time to enable him or her to appear and answer on the day fixed, or that the respondent was for other sufficient cause unable to appear in person or cause appearance to be made on his or her behalf, the Tribunal shall postpone the hearing of the matter to a future day to be fixed by the Tribunal and shall direct notice of that day to be given to the respondent. (2) Where, on the date fixed for the hearing, the respondent appears, but the applicant or appellant does not appear, the Tribunal may make an order that the matter be dismissed, unless the respondent admits the claim, or part of it, in which case the Tribunal shall pass a decree against the respondent upon the admission and where part only of the claim has been admitted, may dismiss the matter so far as it relates to the remainder.
  2. (3) The Tribunal may dismiss the appeal where, on the day fixed for the hearing, both parties do not appear.
  3. (4) Where an appeal is dismissed under subregulation (3), the Tribunal may reinstate the appeal if the appellant shows sufficient cause for non-appearance within twenty one days from the date of dismissal.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
44. Proceedings to be open to the public
(1)

Subject to subregulation (2), all proceedings before the Tribunal shall be open to the public.

(2)

The Tribunal shall direct that proceedings or part of the proceedings be held in camera where the Tribunal is satisfied that the evidence is likely to prejudice national security.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Proceedings to be open to the public”.

“(1) Subject to subregulation (2), all proceedings before the Tribunal shall be open to the public.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) Subject to subregulation (2), all proceedings before the Tribunal shall be open to the public.
  2. (2) The Tribunal shall direct that proceedings or part of the proceedings be held in camera where the Tribunal is satisfied that the evidence is likely to prejudice national security.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
45. Power to restrict publication of evidence or reports
(1)

The Tribunal may order that all or part of the evidence of a person be heard in camera and may prohibit or restrict the publication of any evidence if the Tribunal considers that the reasons for making such an order outweigh the public interest in a public hearing and the publication of that evidence.

(2)

The Tribunal may direct that any evidence given before it, or the contents of any document produced before it, or any information that might enable a person who has appeared before the Tribunal to be identified, shall not be published except as the Tribunal directs.

Procedure at Hearing

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Power to restrict publication of evidence or reports”.

“(1) The Tribunal may order that all or part of the evidence of a person be heard in camera and may prohibit or restrict the publication of any evidence if the Tribunal considers that the reasons for making such an order outweigh the public interest in a public hearing and the publication of that evidence.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) The Tribunal may order that all or part of the evidence of a person be heard in camera and may prohibit or restrict the publication of any evidence if the Tribunal considers that the reasons for making such an order outweigh the public interest in a public hearing and the publication of that evidence.
  2. (2) The Tribunal may direct that any evidence given before it, or the contents of any document produced before it, or any information that might enable a person who has appeared before the Tribunal to be identified, shall not be published except as the Tribunal directs.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
46. Hearing of matters
(1)

The Tribunal may appoint a hearing date to dispose of a matter. (2) The Tribunal shall cause to be served a hearing notice on the parties using Form 10 specified in Schedule 3 to these Regulations. (3) A party with sufficient cause may apply to the Tribunal for redaction of confidential information from the public record. (4) A party with sufficient cause may apply for proceedings to be held in camera where the interests of justice dictate.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Hearing of matters”.

“(1) The Tribunal may appoint a hearing date to dispose of a matter. (2) The Tribunal shall cause to be served a hearing notice on the parties using Form 10 specified in Schedule 3 to these Regulations. (3) A party with sufficient cause may apply to the Tribunal for redaction of confidential information from the public record. (4) A party with sufficient cause may apply for proceedings to be held in camera where the interests of justice dictate.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (1) The Tribunal may appoint a hearing date to dispose of a matter. (2) The Tribunal shall cause to be served a hearing notice on the parties using Form 10 specified in Schedule 3 to these Regulations. (3) A party with sufficient cause may apply to the Tribunal for redaction of confidential information from the public record. (4) A party with sufficient cause may apply for proceedings to be held in camera where the interests of justice dictate.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
47. Scheduling conference
(1)

The Tribunal shall hold a scheduling conference to determine points of agreement and disagreement, the possibility of mediation or any other form of settlement.

(2)

Where the parties reach an agreement under subregulation (1), the Tribunal shall immediately enter a consent judgement.

(3)

For the purposes of the scheduling conference under subregulation (1), the parties shall appear before an appointed member of the Tribunal or the Registrar within seven working days after the filing of the reply by the respondent with the Tribunal under regulation 33, to agree on the following matters- (a) the facts; (b) the issues for determination by the Tribunal; (c) the authorities in support of the appeal or reply, if any; or (d) any interlocutory application.

(4)

The parties shall, at the conferencing session, agree on a trial bundle to be filed with the Tribunal on the next working day following the conferencing session.

(5)

The agreed trial bundle shall include- (a) the agreed facts; (b) the issues for consideration by the Tribunal; (c) the authorities to be relied on by the parties, if any; and (d) the skeleton arguments in support of each party's case.

(6)

At the conferencing session, the parties may consider alternative dispute resolution and where desired by the parties, the Judicature (Mediation) Regulations, 2013, shall apply.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Scheduling conference”.

“(1) The Tribunal shall hold a scheduling conference to determine points of agreement and disagreement, the possibility of mediation or any other form of settlement.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. (1) The Tribunal shall hold a scheduling conference to determine points of agreement and disagreement, the possibility of mediation or any other form of settlement.
  2. (2) Where the parties reach an agreement under subregulation (1), the Tribunal shall immediately enter a consent judgement.
  3. (3) For the purposes of the scheduling conference under subregulation (1), the parties shall appear before an appointed member of the Tribunal or the Registrar within seven working days after the filing of the reply by the respondent with the Tribunal under regulation 33, to agree on the following matters- (a) the facts; (b) the issues for determination by the Tribunal; (c) the authorities in support of the appeal or reply, if any; or (d) any interlocutory application.
  4. (4) The parties shall, at the conferencing session, agree on a trial bundle to be filed with the Tribunal on the next working day following the conferencing session.
  5. (5) The agreed trial bundle shall include- (a) the agreed facts; (b) the issues for consideration by the Tribunal; (c) the authorities to be relied on by the parties, if any; and (d) the skeleton arguments in support of each party's case.
  6. (6) At the conferencing session, the parties may consider alternative dispute resolution and where desired by the parties, the Judicature (Mediation) Regulations, 2013, shall apply.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
48. Consolidation of appeals

Where two or more appeals are pending before the Tribunal in which the same or similar questions of law or fact are involved, the Tribunal may, either upon the application of one of the parties or on its own motion and upon such terms as the Tribunal may deem fit (a) order a consolidation of the appeals; and

(b)

direct that further proceedings in any of the appeals be stayed until further notice.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Consolidation of appeals”.

“Where two or more appeals are pending before the Tribunal in which the same or similar questions of law or fact are involved, the Tribunal may, either upon the application of one of the parties or on its own motion and upon such terms as the Tribunal may deem fit (a) order a consolidation of the appeals; and”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (b) direct that further proceedings in any of the appeals be stayed until further notice.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
49. Adjournments
(1)

The Tribunal may, where sufficient cause is shown, at any stage of the matter, grant time to the parties and may adjourn the hearing of an appeal.

(2)

The Tribunal shall, in every adjournment under subregulation (1), fix a day for the further hearing of the appeal, or may adjourn the hearing generally and may make such order as the Tribunal thinks fit with respect to the costs occasioned by that adjournment; except that- (a) where the hearing of evidence has begun, the hearing of the appeal shall be continued from day to day until all the witnesses in attendance have been examined, unless the Tribunal finds the adjournment of the hearing beyond the following day to be necessary for reasons to be recorded; and (b) where the hearing of the appeal has been adjourned generally, either party may apply to the Tribunal to restore the case to the cause list.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Adjournments”.

“(1) The Tribunal may, where sufficient cause is shown, at any stage of the matter, grant time to the parties and may adjourn the hearing of an appeal.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) The Tribunal may, where sufficient cause is shown, at any stage of the matter, grant time to the parties and may adjourn the hearing of an appeal.
  2. (2) The Tribunal shall, in every adjournment under subregulation (1), fix a day for the further hearing of the appeal, or may adjourn the hearing generally and may make such order as the Tribunal thinks fit with respect to the costs occasioned by that adjournment; except that- (a) where the hearing of evidence has begun, the hearing of the appeal shall be continued from day to day until all the witnesses in attendance have been examined, unless the Tribunal finds the adjournment of the hearing beyond the following day to be necessary for reasons to be recorded; and (b) where the hearing of the appeal has been adjourned generally, either party may apply to the Tribunal to restore the case to the cause list.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
50. Interlocutory applications
(1)

The Tribunal may make interim orders to preserve, pending determination of the matters in issue, the existing state of affairs between the parties to the proceedings or the rights of the parties to the proceedings.

(2)

An interim order may be made by the Tribunal on the application of a party to the proceedings and may be made at any time after an application has been made to the Tribunal.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Interlocutory applications”.

“(1) The Tribunal may make interim orders to preserve, pending determination of the matters in issue, the existing state of affairs between the parties to the proceedings or the rights of the parties to the proceedings.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) The Tribunal may make interim orders to preserve, pending determination of the matters in issue, the existing state of affairs between the parties to the proceedings or the rights of the parties to the proceedings.
  2. (2) An interim order may be made by the Tribunal on the application of a party to the proceedings and may be made at any time after an application has been made to the Tribunal.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
51. Order of addresses
(1)

The Tribunal shall at the first hearing of an appeal, hear the appellant and his or her witnesses and the respondent or the advocate of the respondent shall be given the opportunity to cross-examine the appellant and each of his or her witnesses if any. (2) At the close of the evidence of the appellant or that of his or her witnesses, the evidence of the respondent shall be heard, followed by that of his or her witnesses; and the appellant or his or her representative shall be given the opportunity to cross-examine the respondent and his or her witnesses; after which the parties shall make their submissions.

(3)

The Tribunal may, at any time, put questions to either party or to any witness and may, at the discretion of the Tribunal, call such additional evidence as is necessary for further clarification of the issues raised at the hearing of the appeal.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Order of addresses”.

“(1) The Tribunal shall at the first hearing of an appeal, hear the appellant and his or her witnesses and the respondent or the advocate of the respondent shall be given the opportunity to cross-examine the appellant and each of his or her witnesses if any. (2) At the close of the evidence of the appellant or that of his or her witnesses, the evidence of the respondent shall be heard, followed by that of his or her witnesses; and the appellant or his or her representative shall be given the opportunity to…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) The Tribunal shall at the first hearing of an appeal, hear the appellant and his or her witnesses and the respondent or the advocate of the respondent shall be given the opportunity to cross-examine the appellant and each of his or her witnesses if any. (2) At the close of the evidence of the appellant or that of his or her witnesses, the evidence of the respondent shall be heard, followed by that of his or her witnesses; and the appellant or his or her representative shall be given the opportunity to cross-examine the respondent and his or her witnesses; after which the parties shall make their submissions.
  2. (3) The Tribunal may, at any time, put questions to either party or to any witness and may, at the discretion of the Tribunal, call such additional evidence as is necessary for further clarification of the issues raised at the hearing of the appeal.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
52. Recording of evidence
(1)

The evidence of the parties and that of each witness shall be recorded in a format agreed upon by the members of the Tribunal hearing the appeal and when completed shall be signed by the members of the Tribunal at that proceeding. (2) Notwithstanding subregulation (1), the evidence given at the hearing of the appeal may be recorded in shorthand or by mechanical means; and if the parties to the proceeding agree, the transcript of anything recorded shall, if certified by the members of the Tribunal at that proceeding to be correct, be deemed to be a true record of the evidence for the purposes of the proceeding.

(3)

The Tribunal may, on its own initiative, seek clarification and make further inquiries and receive evidence additional to that tendered by the parties to the proceedings.

(4)

The evidence and information received or obtained by the Tribunal under subregulation (3) shall be made available to each party to the proceedings.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Recording of evidence”.

“(1) The evidence of the parties and that of each witness shall be recorded in a format agreed upon by the members of the Tribunal hearing the appeal and when completed shall be signed by the members of the Tribunal at that proceeding. (2) Notwithstanding subregulation (1), the evidence given at the hearing of the appeal may be recorded in shorthand or by mechanical means; and if the parties to the proceeding agree, the transcript of anything recorded shall, if certified by the members of the Tribunal at that…”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Recording of evidence”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) The evidence of the parties and that of each witness shall be recorded in a format agreed upon by the members of the Tribunal hearing the appeal and when completed shall be signed by the members of the Tribunal at that proceeding. (2) Notwithstanding subregulation (1), the evidence given at the hearing of the appeal may be recorded in shorthand or by mechanical means; and if the parties to the proceeding agree, the transcript of anything recorded shall, if certified by the members of the Tribunal at that proceeding to be correct, be deemed to be a true record of the evidence for the purposes of the proceeding.
  2. (3) The Tribunal may, on its own initiative, seek clarification and make further inquiries and receive evidence additional to that tendered by the parties to the proceedings.
  3. (4) The evidence and information received or obtained by the Tribunal under subregulation (3) shall be made available to each party to the proceedings.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
53. Burden and standard of proof
(1)

The appellant shall have the burden of proving his or her case. (2) Where any party asserts any fact or claim, the party shall prove that fact or claim. (3) An issue before the Tribunal shall be proved on the balance of probabilities.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Burden and standard of proof”.

“(1) The appellant shall have the burden of proving his or her case. (2) Where any party asserts any fact or claim, the party shall prove that fact or claim. (3) An issue before the Tribunal shall be proved on the balance of probabilities.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (1) The appellant shall have the burden of proving his or her case. (2) Where any party asserts any fact or claim, the party shall prove that fact or claim. (3) An issue before the Tribunal shall be proved on the balance of probabilities.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
54. Admissibility of evidence
(1)

The Tribunal is not bound by the rules of evidence and may inform itself on any matter as it considers necessary. (2) The Tribunal may, admit evidence received under regulation 52(3) after availing the evidence to the parties to the proceedings.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Admissibility of evidence”.

“(1) The Tribunal is not bound by the rules of evidence and may inform itself on any matter as it considers necessary. (2) The Tribunal may, admit evidence received under regulation 52(3) after availing the evidence to the parties to the proceedings.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (1) The Tribunal is not bound by the rules of evidence and may inform itself on any matter as it considers necessary. (2) The Tribunal may, admit evidence received under regulation 52(3) after availing the evidence to the parties to the proceedings.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
55. Evidence by affidavits and interrogatories
(1)

Where the Tribunal requires evidence to be received by means of affidavit and interrogatories, the interrogatories and answers to interrogatories shall be by such means and in such form as the Tribunal may direct.

(2)

In any proceedings where the evidence of a witness who resides outside Uganda is necessary, the Tribunal shall have the power to issue a commission or letter of request to examine that witness abroad.

(3)

The Tribunal may, at the instance of either party, order the attendance for cross-examination of the deponent.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Evidence by affidavits and interrogatories”.

“(1) Where the Tribunal requires evidence to be received by means of affidavit and interrogatories, the interrogatories and answers to interrogatories shall be by such means and in such form as the Tribunal may direct.”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Evidence by affidavits and interrogatories”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) Where the Tribunal requires evidence to be received by means of affidavit and interrogatories, the interrogatories and answers to interrogatories shall be by such means and in such form as the Tribunal may direct.
  2. (2) In any proceedings where the evidence of a witness who resides outside Uganda is necessary, the Tribunal shall have the power to issue a commission or letter of request to examine that witness abroad.
  3. (3) The Tribunal may, at the instance of either party, order the attendance for cross-examination of the deponent.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
56. Failure to produce evidence

Where any party to the proceedings to whom time has been granted fails to produce his or her evidence, or to cause the attendance of a witnesses, or to perform any other act necessary to further the progress of the matter, for which time has been allowed, the Tribunal may, proceed to decide the matter on points of law

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Failure to produce evidence”.

“Where any party to the proceedings to whom time has been granted fails to produce his or her evidence, or to cause the attendance of a witnesses, or to perform any other act necessary to further the progress of the matter, for which time has been allowed, the Tribunal may, proceed to decide the matter on points of law”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Where any party to the proceedings to whom time has been granted fails to produce his or her evidence, or to cause the attendance of a witnesses, or to perform any other act necessary to further the progress of the matter, for which time has been allowed, the Tribunal may, proceed to decide the matter on points of law
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
57. Procedure where no application is made to restore matter

adjourned generally Where the hearing of an appeal has been adjourned generally, the Tribunal may, if no application is made within six months of the last adjournment, give notice to the parties to show cause why the appeal should not be dismissed, and if cause is not shown to the satisfaction of the Tribunal, the appeal shall be dismissed.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Scope rule

This section defines when and how “Procedure where no application is made to restore matter” applies.

“adjourned generally Where the hearing of an appeal has been adjourned generally, the Tribunal may, if no application is made within six months of the last adjournment, give notice to the parties to show cause why the appeal should not be dismissed, and if cause is not shown to the satisfaction of the Tribunal, the appeal shall be dismissed.”
Primary legislation Source quotation matched
Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. adjourned generally Where the hearing of an appeal has been adjourned generally, the Tribunal may, if no application is made within six months of the last adjournment, give notice to the parties to show cause why the appeal should not be dismissed, and if cause is not shown to the satisfaction of the Tribunal, the appeal shall be dismissed.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
58. Dismissal of appeal for want of prosecution
(1)

Where the appellant does not, within thirty days from the delivery of any reply, or, where a cross appeal is pleaded, the respondent may either set down the appeal for hearing or apply to the Tribunal to dismiss the appeal for want of prosecution.

(2)

The Tribunal may on hearing of the application under sub regulation (1), order that the appeal be dismissed and may make such other order, on such terms as the Tribunal may deem just.

(3)

Tribunal may dismiss an appeal- (a) upon the death of a party; or (b) where no step is taken for a period of six months by either party with a view to proceeding with the matter.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Procedural rule

This section establishes the governing procedure for “Dismissal of appeal for want of prosecution”.

“(1) Where the appellant does not, within thirty days from the delivery of any reply, or, where a cross appeal is pleaded, the respondent may either set down the appeal for hearing or apply to the Tribunal to dismiss the appeal for want of prosecution.”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) Where the appellant does not, within thirty days from the delivery of any reply, or, where a cross appeal is pleaded, the respondent may either set down the appeal for hearing or apply to the Tribunal to dismiss the appeal for want of prosecution.
  2. (2) The Tribunal may on hearing of the application under sub regulation (1), order that the appeal be dismissed and may make such other order, on such terms as the Tribunal may deem just.
  3. (3) Tribunal may dismiss an appeal- (a) upon the death of a party; or (b) where no step is taken for a period of six months by either party with a view to proceeding with the matter.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
59. Striking out pleadings
(1)

The Tribunal may, upon application by a party, order any appeal to be struck out on the ground that it discloses no reasonable cause of action or answer and, in any such case, or in case of an appeal or reply being shown by the pleadings to be frivolous or vexatious, may order the appeal to be stayed or dismissed or judgment to be entered accordingly, as may be just.

(2)

All orders made in pursuance of this regulation shall be appealable as of right to the High Court.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Striking out pleadings”.

“(1) The Tribunal may, upon application by a party, order any appeal to be struck out on the ground that it discloses no reasonable cause of action or answer and, in any such case, or in case of an appeal or reply being shown by the pleadings to be frivolous or vexatious, may order the appeal to be stayed or dismissed or judgment to be entered accordingly, as may be just.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) The Tribunal may, upon application by a party, order any appeal to be struck out on the ground that it discloses no reasonable cause of action or answer and, in any such case, or in case of an appeal or reply being shown by the pleadings to be frivolous or vexatious, may order the appeal to be stayed or dismissed or judgment to be entered accordingly, as may be just.
  2. (2) All orders made in pursuance of this regulation shall be appealable as of right to the High Court.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
60. Setting aside default judgment
(1)

A party against whom a decision has been made under regulations 57 and 59 may apply in writing to the Tribunal to set aside the decision.

(2)

The Tribunal shall not set aside a decision, unless it is satisfied that the party has given sufficient cause.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Setting aside default judgment”.

“(1) A party against whom a decision has been made under regulations 57 and 59 may apply in writing to the Tribunal to set aside the decision.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) A party against whom a decision has been made under regulations 57 and 59 may apply in writing to the Tribunal to set aside the decision.
  2. (2) The Tribunal shall not set aside a decision, unless it is satisfied that the party has given sufficient cause.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
61. Submissions

Subject to the guidance of the Tribunal, the parties shall make oral or written submissions after the hearing of evidence

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Submissions”.

“Subject to the guidance of the Tribunal, the parties shall make oral or written submissions after the hearing of evidence”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Subject to the guidance of the Tribunal, the parties shall make oral or written submissions after the hearing of evidence
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
62. Language of Tribunal
(1)

The language of the Tribunal shall be English.

(2)

Translation of the proceedings may be provided by the Tribunal, where necessary.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Language of Tribunal”.

“(1) The language of the Tribunal shall be English.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) The language of the Tribunal shall be English.
  2. (2) Translation of the proceedings may be provided by the Tribunal, where necessary.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
63. Decision of Tribunal
(1)

After concluding the hearing of the evidence and submissions of the parties, the Tribunal shall, as soon as is practicable, make a decision either at once or on some future day, of which due notice shall be given to the parties or their representatives.

(2)

The Tribunal shall cause a copy of the decision, duly signed and certified by the members of the Tribunal which heard the appeal, to be served on each party to the proceeding.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Decision of Tribunal”.

“(1) After concluding the hearing of the evidence and submissions of the parties, the Tribunal shall, as soon as is practicable, make a decision either at once or on some future day, of which due notice shall be given to the parties or their representatives.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) After concluding the hearing of the evidence and submissions of the parties, the Tribunal shall, as soon as is practicable, make a decision either at once or on some future day, of which due notice shall be given to the parties or their representatives.
  2. (2) The Tribunal shall cause a copy of the decision, duly signed and certified by the members of the Tribunal which heard the appeal, to be served on each party to the proceeding.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
64. Decisions of Tribunal to be of majority and in writing
(1)

Decisions of the Tribunal shall be in writing and shall be made by the majority of the members and signed by all members of the Tribunal participating in the matter.

(2)

The decision of the Tribunal shall state-

(a)

the nature of the appeal;

(b)

a summary of all the relevant evidence produced before the Tribunal and the reasons for accepting or rejecting the evidence; (c) the reasons for the decision; (d) the relief or remedy, if any, to which the appellant or respondent is entitled; and (e) an order as to costs.

(3)

The Tribunal may dispose of an appeal by- (a) allowing the appeal in whole or in part; (b) dismissing the appeal; or (c) striking out the appeal where the appellant fails to take an essential step to prosecute the appeal.

(4)

The dissenting member shall, where a dissent is recorded, write a dissenting decision.

(5)

The Tribunal may, in addition to the ruling, award costs to the successful party.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Decisions of Tribunal to be of majority and in writing”.

“(1) Decisions of the Tribunal shall be in writing and shall be made by the majority of the members and signed by all members of the Tribunal participating in the matter.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (1) Decisions of the Tribunal shall be in writing and shall be made by the majority of the members and signed by all members of the Tribunal participating in the matter.
  2. (2) The decision of the Tribunal shall state-
  3. (a) the nature of the appeal;
  4. (b) a summary of all the relevant evidence produced before the Tribunal and the reasons for accepting or rejecting the evidence; (c) the reasons for the decision; (d) the relief or remedy, if any, to which the appellant or respondent is entitled; and (e) an order as to costs.
  5. (3) The Tribunal may dispose of an appeal by- (a) allowing the appeal in whole or in part; (b) dismissing the appeal; or (c) striking out the appeal where the appellant fails to take an essential step to prosecute the appeal.
  6. (4) The dissenting member shall, where a dissent is recorded, write a dissenting decision.
  7. (5) The Tribunal may, in addition to the ruling, award costs to the successful party.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
65. Correction of accidental errors in decisions

The Tribunal may, at any time, by certificate signed by the Chairperson, correct any error arising from an accidental slip or omission in a decision of the Tribunal

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Correction of accidental errors in decisions”.

“The Tribunal may, at any time, by certificate signed by the Chairperson, correct any error arising from an accidental slip or omission in a decision of the Tribunal”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The Tribunal may, at any time, by certificate signed by the Chairperson, correct any error arising from an accidental slip or omission in a decision of the Tribunal
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
66. Right to appeal, right to record of proceedings
(1)

A party aggrieved by the decision of the Tribunal may, within thirty days after being notified of the decision in regulation 64 appeal that decision to the High Court in accordance with the Civil Procedure Rules.

(2)

The High Court shall hear and determine the appeal and shall make such orders as it thinks appropriate by reason of its decision, including an order affirming or setting aside the decision of the Tribunal or an order remitting the case to the Tribunal for reconsideration.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Procedural rule

This section establishes the governing procedure for “Right to appeal, right to record of proceedings”.

“(1) A party aggrieved by the decision of the Tribunal may, within thirty days after being notified of the decision in regulation 64 appeal that decision to the High Court in accordance with the Civil Procedure Rules.”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) A party aggrieved by the decision of the Tribunal may, within thirty days after being notified of the decision in regulation 64 appeal that decision to the High Court in accordance with the Civil Procedure Rules.
  2. (2) The High Court shall hear and determine the appeal and shall make such orders as it thinks appropriate by reason of its decision, including an order affirming or setting aside the decision of the Tribunal or an order remitting the case to the Tribunal for reconsideration.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
67. Execution, enforcement and costs
(1)

A decision of the Tribunal shall be enforced in the same manner as a judgment or order of the High Court.

(2)

An application for execution of an order of the Tribunal shall be made before the Registrar.

(3)

Applications for stay of execution of the orders of the Tribunal shall be made to the Tribunal.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Execution, enforcement and costs”.

“(1) A decision of the Tribunal shall be enforced in the same manner as a judgment or order of the High Court.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) A decision of the Tribunal shall be enforced in the same manner as a judgment or order of the High Court.
  2. (2) An application for execution of an order of the Tribunal shall be made before the Registrar.
  3. (3) Applications for stay of execution of the orders of the Tribunal shall be made to the Tribunal.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
68. Contempt of Tribunal A person who
(a)

insults a member in, or in relation to, the exercise of his or her powers or functions as a member of the Tribunal; (b) interrupts proceedings of the Tribunal; (c) creates disturbance or takes part in creating a disturbance in or near a place where the Tribunal is sitting; or (d) does any other act or thing that would, if the Tribunal were a court of record, constitute contempt of court, commits an offence and is liable, on conviction, to a fine not exceeding twenty-five currency points or imprisonment not exceeding six months or both.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Contempt of Tribunal A person who”.

“(a) insults a member in, or in relation to, the exercise of his or her powers or functions as a member of the Tribunal; (b) interrupts proceedings of the Tribunal; (c) creates disturbance or takes part in creating a disturbance in or near a place where the Tribunal is sitting; or (d) does any other act or thing that would, if the Tribunal were a court of record, constitute contempt of court, commits an offence and is liable, on conviction, to a fine not exceeding twenty-five currency points or imprisonment not…”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (a) insults a member in, or in relation to, the exercise of his or her powers or functions as a member of the Tribunal; (b) interrupts proceedings of the Tribunal; (c) creates disturbance or takes part in creating a disturbance in or near a place where the Tribunal is sitting; or (d) does any other act or thing that would, if the Tribunal were a court of record, constitute contempt of court, commits an offence and is liable, on conviction, to a fine not exceeding twenty-five currency points or imprisonment not exceeding six months or both.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part V

69. Service of notices
(1)

The parties shall file with the Registrar, proof of service for all notices, summons and replies.

(2)

Every notice under these Regulations shall be served in the same manner as service under the Civil Procedure Rules.

70. Fees

An appeal under these Regulations shall be accompanied by the fees prescribed in Schedule 4 to these Regulations

71. Vacation period

The Tribunal shall be on vacation from 15th July to 15th August and from 22nd December to 7th January, every year

72. Tribunal business in vacation
(1)

The Tribunal shall not conduct hearings during the vacation, unless the matter is shown to be urgent or in public interest.

(2)

The registry shall remain open during vacation.

73. Computation of time In computing time for purposes of

these Regulations, the following regulations shall apply (a) in determining the time for the performance of any action or any proceeding under these Regulations, Saturday, Sunday and any other day appointed as a public holiday shall not be reckoned in the computation of time specified in these Regulations;

(b)

where the time for doing any act expires on a Saturday or Sunday or other day on which the offices are closed, and by reason thereof the act or proceeding shall, so far as regards the time of doing or taking the act or proceeding be held to be duly done or taken if done or taken on the day on which the offices shall next be open;

(c)

the vacation period shall not be reckoned in the computation of time unless the Tribunal otherwise directs; and

(d)

a period of days from the happening of an event or the doing of any act or thing shall be taken to be exclusive of the day on which the event happens or that act, or thing is done.

74. Recusal
(1)

A member of the Tribunal may, recuse himself or herself- (a) in a case involving persons with whom the member has a personal, family or professional relationship; (b) in a case in which a member has previously been called upon in another capacity, including as advisor, representative, expert or witness on behalf of a party; or (c) if there exist other circumstances such as to make a members' participation inappropriate.

(2)

In the event of a challenge by either of the parties on any of the ground referred to in subregulation (1), which should be made at the commencement of the proceedings, a member may recuse himself or herself from hearing the matter.

(3)

Where a member declines to recuse himself or herself, the reasons for declining shall be noted on the record and the matter shall proceed for hearing.

(4)

Where a party is dissatisfied with the decision of a member not to recuse himself or herself, the party shall state the reasons and the hearing shall proceed.

(5)

A person aggrieved by the failure to grant an application for recusal may appeal to the High Court after the matter has been determined by the Tribunal.

75. Application of Civil Procedure Rules
(1)

In any matter relating to the proceedings of the Tribunal for which these Regulations do not provide, the Civil Procedure Rules, applicable in the High Court shall apply, with necessary modifications. (2) The Tribunal shall conduct its proceedings with as little formality and technicality as possible, and shall observe the rules of fair hearing.

76. Communications to Tribunal All communications to

the Tribunal relating to matters pending before the Tribunal shall be made through the Registrar or such other officer as the Tribunal may authorise

77. Information technology Nothing in

these Regulations shall limit the power of the Tribunal to direct or order the use of any form of information communication technology in its procedures

78. Remuneration and taxation of costs
(1)

The Registrar shall be the taxing officer of the Tribunal.

(2)

Where the respondent is represented by an advocate, the scale of costs applicable to costs shall be those prescribed in the Advocates (Remuneration and Taxation of Costs) Regulations.

(3)

A person dissatisfied with the decision of the Registrar may have recourse to the Tribunal.

79. Revocation of S.I. No. 68 of

2001 The Civil Aviation (Air Services Appeals Tribunal) Regulations, 2001 are revoked SCHEDULES

SCHEDULE 1 Regulation 2

CURRENCY POINT

A currency point is equivalent to twenty thousand shillings only.

SCHEDULE 2

Regulation 9 Oaths

Oath of Allegiance.

I,……………………….., swear in the name of the Almighty God/solemnly affirm that I will be faithful and bear true allegiance to the Republic of Uganda and that I will preserve, protect and defend the Constitution. [So help me God]

Judicial Oath.

I, ………………….………, swear in the name of the Almighty God/solemnly affirm that I will well and truly exercise the judicial functions entrusted to me and will do right to all manner of people in accordance with the Constitution of the Republic of Uganda as by law established and in accordance with the laws and usage of the Republic of Uganda without fear or favour, affection or ill will. [So help me God]

SCHEDULE 3

FORMS

FORM 1-NOTICE OF APPEAL

Regulation 28(2)

IN THE CIVIL AVIATION APPEALS TRIBUNAL AT___________

APPEAL No._______________________

IN THE MATTER OF

_______________________________________ (APPELLANT)

AND

_____________________________________(RESPONDENT)

NOTICE OF APPEAL

Take notice that _________________ being dissatisfied with the decision of the authority given at _________on the__________day of __________________, 20 ____, intends to appeal to the Tribunal against the whole of the decision/such part of the decision as decided that___________ _________________________

The address of service of the appellant is ___________________________.

It is intended to serve copies of this notice on the respondent ___________.

Dated this ______ day of __________________, 20 __________

__________________________________ Appellant/Advocate of the Appellant

To: The Registrar of the Tribunal at _______________________________

Lodged in the Tribunal at ____ this _____ day of__________, 20 ___

____________________________________ REGISTRAR (signature and seal of Tribunal)

FORM 2

MEMORANDUM OF APPEAL Regulations 29(2) and 30(1)(a)

IN THE CIVIL AVIATION APPEALS TRIBUNAL AT________________

APPEAL No.__________________ OF_____________________

IN THE MATTER OF __________________________________ (APPELLANT)

AND ___________________________________ (RESPONDENT)

MEMORANDUM OF APPEAL

1. Particulars of appellant
(a)

Name _____________________________________________ (b) Postal address ______________________________________ (c) Physical address of appellant: Plot ______________________________________________ Street _____________________________________________ Town/City _________________________________________ (d) Telephone No.______________________________________ Fax No. ___________________________________________

E-mail ____________________________________________

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Particulars of appellant”.

“(a) Name _____________________________________________ (b) Postal address ______________________________________ (c) Physical address of appellant: Plot ______________________________________________ Street _____________________________________________ Town/City _________________________________________ (d) Telephone No.______________________________________ Fax No. ___________________________________________”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Particulars of appellant”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (a) Name _____________________________________________ (b) Postal address ______________________________________ (c) Physical address of appellant: Plot ______________________________________________ Street _____________________________________________ Town/City _________________________________________ (d) Telephone No.______________________________________ Fax No. ___________________________________________
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
2. Particulars of the decision appealed against

Date of receipt of decision: _________________________________ _______________________________________________________

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Particulars of the decision appealed against”.

“Date of receipt of decision: _________________________________ _______________________________________________________”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Particulars of the decision appealed against”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
3. Statement of facts and reasons in support of the appeal

(If space provided is not adequate, attach as many additional pages as needed for the statement.)

_______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________

4. Issues on which decision is sought

_______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________

5. List of books, documents or things to be produced before

the Tribunal if any (Give brief description of each) _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________

6. Names of witnesses, if any, and their addresses

_______________________________________________________

Dated this ______ day of _______________________, 20 ____

_____________________________________ Signature of appellant/advocate of appellant

Acknowledgement (For Official Use Only)

7. Received by Registrar/Officer in charge

Date of filing appeal ______________________________________ Signature _______________________________________________

Official stamp of Tribunal __________________________________

FORM 3

SUMMONS TO FILE REPLY

Regulations 30(3) and 32

IN THE CIVIL AVIATION APPEALS TRIBUNAL AT________________

APPEAL No. __________________________OF ____________________ IN THE MATTER OF _______________________________________ (APPELLANT) AND

_______________________________________(RESPONDENT)

SUMMONS TO FILE REPLY

(Under regulations 30(3) and 32 of the Civil Aviation (Appeals Tribunal) (Practice and Procedure) Regulations, 2022)

TO………………………………of …………………(address).

WHEREAS the appellant has filed an appeal against you with the Tribunal with respect to ……………………………(briefly describe the matter).

You are required to file a response with the Tribunal within fourteen (14) days of receipt of the memorandum of appeal.

Should you fail to enter your response on or before the date mentioned, the appellant may proceed with the appeal and a decision may be given in your absence.

GIVEN under my hand and the seal of the Tribunal, this …… day of…………………year………

……………………………………… REGISTRAR

FORM 4

Regulations 32 and 41(5)

ACKNOWLEDGEMENT OF SERVICE OF SUMMONS

Full name of respondent/the advocate of the respondent:…………………

Address:……….…………………………………………………….…

Date and time………………………………………………………………

Signature:……………………………………………………………………

FORM 5 - REPLY Regulation 33(2)

IN THE CIVIL AVIATION APPEALS TRIBUNAL AT________________

APPEAL No. ___________________ OF __________________________

IN THE MATTER OF _______________________________________ (APPELLANT)

AND _______________________________________(RESPONDENT)

REPLY (Under regulation 33(2) of the Civil Aviation (Appeals Tribunal) (Practice and Procedure) Regulations, 2022)

1. Particulars of appellant and

address Particulars of respondent and

2. address Grounds of appeal

The text of this section isn't in the consolidation we hold — see the original PDF above.

3. (List the grounds of appeal)

The text of this section isn't in the consolidation we hold — see the original PDF above.

4. Statement in reply

The text of this section isn't in the consolidation we hold — see the original PDF above.

5. Other relevant documents (i) _______________________
(ii)

_______________________

(iii)

______________________

(iv)

______________________

(v)

_______________________

Dated this……………… day of……………………………………………..

Signed ………………………………….. (Respondent or advocate of the respondent)

Contact: _____________________________________________________

Lodged on this _____________ day of________________ 20 ______

____________________________________ REGISTRAR Official stamp of Tribunal

FORM 6

NOTICE TO SUBMIT ADDITIONAL DOCUMENTS OR ITEMS

Regulation 33(6)

IN THE CIVIL AVIATION APPEALS TRIBUNAL AT …………………

APPEAL No. …………….OF ………………………………………

IN THE MATTER OF

……………………………………………. (APPELLANT)

AND

……………………………………………. (RESPONDENT)

NOTICE TO SUBMIT ADDITIONAL DOCUMENTS OR ITEMS (Under regulation 33(6) of the Civil Aviation (Appeals Tribunal) (Practice and Procedure) Regulations, 2022)

Take notice that you are required to produce and lodge with the Tribunal on or before the _________________ day of________________, _________________________, the following documents or items.

(Give brief description of the documents)

1. __________________________________________________

The text of this section isn't in the consolidation we hold — see the original PDF above.

2. __________________________________________________

The text of this section isn't in the consolidation we hold — see the original PDF above.

3. __________________________________________________

The text of this section isn't in the consolidation we hold — see the original PDF above.

4. __________________________________________________

GIVEN under my hand and the seal of the Tribunal this ……….day of…………20………

…………………………… REGISTRAR

FORM 7

APPLICATION TO WITHDRAW PROCEEDINGS

Regulation 36 (1)

IN THE CIVIL AVIATION APPEALS TRIBUNAL AT …………………

APPEAL No. ………………………… OF …………………………………

IN THE MATTER OF

………………………………………………………. (APPELLANT)

AND

……………………………………………………. (RESPONDENT)

APPLICATION TO WITHDRAW PROCEEDINGS (Under regulation 36(1) of the Civil Aviation (Appeals Tribunal) (Practice and Procedure) Regulations, 2022) Following a review of the above matter, the appellant hereby applies to withdraw the appeal for the following reasons:

____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ _____________________________________________________________

Signed this …………………….day of……………………

__________________________________ Appellant

Acknowledgement (For Official Use Only)

Received by Registrar/Officer in charge

Date of filing of application to withdraw ____________________________

Signature ____________________________________________________

Official stamp of Tribunal _____________________

FORM 8

WITNESS SUMMONS Regulation 40(4)

IN THE CIVIL AVIATION APPEALS TRIBUNAL AT …………………

APPEAL NO….…………….OF ……………………………………

IN THE MATTER OF

……………………………………………. (APPELLANT) AND ……………………………………………. (RESPONDENT)

WITNESS SUMMONS (Under regulation 40(4) of the Civil Aviation (Appeals Tribunal) (Practice and Procedure) Regulations, 2022)

TO: ______________________

Whereas your attendance is required as a witness on behalf of ____________

During the hearing of the above matter, you are, by these summons, required to appear before the Tribunal on the………….day…………of……….. year…………..at……….O'clock in the forenoon/afternoon and to bring with you or submit any relevant documents.

Should you fail to appear before the Tribunal on the date and time mentioned, you may be held in contempt of the Tribunal and a warrant of arrest may issue against you.

GIVEN under my hand and the seal of the Tribunal this……day of……………….,……

………………………………………………. REGISTRAR

ACKNOWLEDGEMENT OF SERVICE OF SUMMONS:

Full name of witness: ___________________________________________

Address: _____________________________________________________

Date and time: ________________________________________________

Signature: ____________________________________________________

FORM 9

WARRANT OF ARREST Regulation 42(2)

IN THE CIVIL AVIATION APPEALS TRIBUNAL AT ______________

APPEAL NO. ……………………… OF ………………………………

IN THE MATTER OF

____________________________________________ APPELLANT

AND

__________________________________________ RESPONDENT

WARRANT OF ARREST (Under regulation 42(2) of the Civil Aviation (Appeals Tribunal) (Practice and Procedure) Regulations, 2022) To …………………………………………………………………………

…………………………………………………………………………

Whereas ____________________(name of witness) has been duly served with a summons (certified copy attached) but has failed to attend, you are by this warrant ordered to arrest and bring_____________________ before the Tribunal. You are further ordered to return this warrant on or before the ______ day of____________, ____, with an endorsement certifying the day and manner in which this warrant is executed.

Given under my hand and the seal of the Tribunal this ______ day of_____.

________________________ REGISTRAR

FORM 10

HEARING NOTICE Regulation 46(2)

IN THE CIVIL AVIATION APPEALS TRIBUNAL AT …………………

APPEAL NO. ……………………… OF ………………………………

IN THE MATTER OF

……………………………………………………. (APPELLANT)

AND

…………………………………………………. (RESPONDENT)

HEARING NOTICE (Under regulation 46(2) of the Civil Aviation (Appeals Tribunal) (Practice and Procedure) Regulations, 2022)

TO ………………………………

TAKE NOTICE that the matter contained in the appeal will be heard by the Tribunal on the…………day of ,………………….at ……………………O'clock in the forenoon/afternoon.

You are accordingly required to appear before the Tribunal and bring your witnesses with you.

If no appearance is made by you or by any person authorised by you to act on your behalf, the matter may be heard and decided in your absence.

GIVEN under my hand and the seal of the Tribunal this …… day of…………

…………………………… REGISTRAR

SCHEDULE 4 - FEES Regulation 70

Item Fees (Ug Shillings) Notice of appeal 4800 Memorandum of appeal 6000 Extraction of decree or order 10,000 Record of proceedings 1500 per page

Cross Reference Advocates (Remuneration and Taxation of Costs) Regulations S.I. No.267- 4 Civil Procedure Rules, S.I. No.71-1 Judicature (Mediation) Regulations, 2013, S.I. No. 10 of 2013

GEN. EDWARD KATUMBA WAMALA (MP) Minister of Works and Transport

STATUTORY INSTRUMENTS SUPPLEMENT No. 34 12th August, 2022

STATUTORY INSTRUMENTS SUPPLEMENT to The Uganda Gazette No. 50, Volume CXV, dated 12th June, 2022 Printed by UPPC, Entebbe, by Order of the Government.

S T A T U T O R Y I N S T R U M E N T S

2022 No. 82.

THE CIVIL AVIATION (FATIGUE MANAGEMENT) REGULATIONS, 2022

ARRANGEMENT OF REGULATIONS

Regulation

Part III

16. Duty periods

The text of this section isn't in the consolidation we hold — see the original PDF above.

17. Cumulative duty hours

The text of this section isn't in the consolidation we hold — see the original PDF above.

18. Flight time and duty period

The text of this section isn't in the consolidation we hold — see the original PDF above.

19. Post-flight duties

The text of this section isn't in the consolidation we hold — see the original PDF above.

20. Annual working time

The text of this section isn't in the consolidation we hold — see the original PDF above.

21. Positioning

The text of this section isn't in the consolidation we hold — see the original PDF above.

22. Day duties

The text of this section isn't in the consolidation we hold — see the original PDF above.

23. Night duties

The text of this section isn't in the consolidation we hold — see the original PDF above.

24. Flight duty period extensions with or without in-flight rest

The text of this section isn't in the consolidation we hold — see the original PDF above.

25. Split-duty assignments during flight

The text of this section isn't in the consolidation we hold — see the original PDF above.

26. Other split-duty assignments

The text of this section isn't in the consolidation we hold — see the original PDF above.

27. Augmented flight crew assignments

The text of this section isn't in the consolidation we hold — see the original PDF above.

28. Mixed flying types of operation

The text of this section isn't in the consolidation we hold — see the original PDF above.

29. On-call duty

The text of this section isn't in the consolidation we hold — see the original PDF above.

30. Time zone difference

The text of this section isn't in the consolidation we hold — see the original PDF above.

31. Rest and duty limitations for persons performing maintenance

functions in an Approved Maintenance Organisation

Part V

38. Rest period

Regulation

39. Duty and rest periods for flight operations officers

The text of this section isn't in the consolidation we hold — see the original PDF above.

40. Minimum rest period for 7 and 10 consecutive days

The text of this section isn't in the consolidation we hold — see the original PDF above.

41. Records of flight time and duty period

The text of this section isn't in the consolidation we hold — see the original PDF above.

42. Duties of operators to prevent excessive

fatigue of crew members

43. Minimum rest period for flight crew and cabin crew

The text of this section isn't in the consolidation we hold — see the original PDF above.

44. Time elapsed since reporting

The text of this section isn't in the consolidation we hold — see the original PDF above.

45. Pattern of work

The text of this section isn't in the consolidation we hold — see the original PDF above.

46. Nutrition

The text of this section isn't in the consolidation we hold — see the original PDF above.

Part II

4. Compliance with laws, regulations and procedures

The operator or the pilot-in-command of an aircraft registered in Uganda shall-

(a)

comply with the laws, regulations and procedures of any other state in which operations are conducted; (b) be familiar with the laws, regulations and procedures, pertinent to the performance of his or her duties, prescribed for the areas to be traversed, the aerodromes to be used and the air navigation facilities; and

(c)

ensure that the members of the flight crew are familiar with the laws, regulations and procedures as are pertinent to the performance of their respective duties in the operation of the aircraft.

5. Knowledge or suspicion of crew fatigue
(1)

A person shall not act as a crew member of an aircraft in commercial air transport if he or she knows or suspects that he or she is suffering from such fatigue as may endanger the safety of the flight.

(2)

A person shall not cause or permit a crew member of an aircraft to fly in commercial air transport if that person knows or suspects that the crew member is suffering from such fatigue as may endanger the safety of the flight.

6. Fitness for duty
(1)

Each crew member shall report for flight duty period when rested and prepared to perform his or her assigned duties.

(2)

An operator shall not assign flight duty to a crew member who has reported with fatigue, which is likely to impair the safe performance of his or her assigned duties.

(3)

A crew member shall not accept flight duty if the crew member has reported with fatigue which is likely to impair the safe performance of his or her assigned duties.

(4)

An operator shall not permit a crew member to continue a flight duty if the crew member has reported himself or herself fatigued.

(5)

Each flight crew member shall affirmatively state that he or she is fit for duty prior to commencing flight.

7. Prescriptive fatigue management approach
(1)

An operator and an Air Navigation Service Provider shall adopt the prescriptive fatigue management approach prescribed under these Regulations.

(2)

Subject to subregulation (1), the implementation of prescriptive fatigue management system does not relieve the operator of the responsibility to manage fatigue related risks under the safety management system.

(3)

The authority may, in exceptional circumstances, approve variations to the requirements in these Regulations on the basis of a risk assessment provided by the operator or Air Navigation Service Provider, as may be applicable.

(4)

The authority shall grant the approval referred to in subregulation (3), where the proposed variations provide a level of safety equivalent to or better than that achieved through the prescriptive fatigue management approach.

8. Fatigue management programme
(1)

The operator shall establish a prescriptive fatigue management programme which shall ensure that all the personnel of the operator involved in the operation, Air Navigation Services Provider and the maintenance of aircraft do not carry out their duties when fatigued.

(2)

The prescriptive fatigue management programme shall be approved by the authority.

(3)

The prescriptive fatigue management programme shall address flight and duty times and be included in the operations manual or fatigue management manual.

9. Mirroring of flight and cabin crew schedules

An operator may elect to apply similar flight duty and rest requirements to the flight crew members and the cabin crew members and in this case, the operator shall not seek two separate approvals from the Authority.

10. Record keeping
(1)

The operator shall maintain the records for tracking flight times, duty times and rest periods.

(2)

The records maintained under subregulation (1) shall be kept up to date and made available before a person begins his or her duty or first flight of the day.

(3)

The operator, Air Navigation Service Provider and Approved Maintenance Organisation shall maintain the records for tracking flight times, duty times and rest periods for at least twenty four months unless a longer period has been prescribed for the purpose of investigation.

(4)

All the relevant information shall be readily available before a person begins their duty or their first flight of the day to ensure their compliance with these Regulations.

(5)

The records shall be maintained within the provisions for these Regulations and the Civil Aviation (Safety Management) Regulations, 2022.

11. Maximum number of flight time hours and duty aloft
(1)

An operator shall not schedule any flight crew member for flight time in commercial air transport, where the total flight time of that flight crew member for any consecutive twenty four hour period shall exceed- (a) ten hours where the operation is conducted with a 2-pilot flight crew; (b) thirteen hours where the operation is conducted with a 3-pilot flight crew; or (c) seventeen hours where the operation is conducted with a 4-pilot flight crew.

(2)

An operator shall not schedule any flight crew member for an assignment in commercial air transport as a required crew member for more than- (a) ten flights during a duty period of ten consecutive hours; or (b) 7 flights during a duty period of eighteen consecutive hours.

(3)

An operator shall not schedule any flight crew member for flight time where the total flight time of the crew member shall exceed- (a) thirty four hours in any period of 7 consecutive days; (b) one hundred and ten hours in any period of twenty eight consecutive days; or (c) one thousand hours in any period of twelve consecutive calendar months. (4) An operator shall not schedule any flight crew member for a flight in commercial air transport, where the total flight time of that flight crew member or where the total flights or duty aloft of that flight crew member, in commercial flying, shall exceed the limitations prescribed by the authority.

(5)

For the avoidance of doubt, a flight crew member shall not accept any assignment that is scheduled contrary to the requirements of subregulation (1), (2), (3) or (4).

(6)

Duty aloft shall be considered as all time spent on an aircraft by an assigned flight crew member or relief flight crew member, whether resting or performing task.

(7)

A flight crew member shall be considered to be on continuous duty aloft unless the flight crew member receives a rest period of 8 consecutive hours on the ground.

(8)

An operator shall provide adequate sleeping quarters, including a berth on the aircraft whenever a flight crew member is scheduled to be aloft for more than twelve hours during any period of twenty four consecutive hours.

12. Exceeding flight time in unforeseen circumstances
(1)

Where, after takeoff, unforeseen operational circumstances arise that are beyond the control of the operator, a flight crew member may exceed the maximum and cumulative flight time specified in regulation 11(2) and (3) to the extent necessary to safely land the aircraft at the next destination airport or alternate airport.

(2)

An operator shall report to the authority within ten days, any flight time that exceeded the maximum flight time limits prescribed under regulation 11 and Table 1 of Schedule 1 to these Regulations.

(3)

The report referred to in subregulation (2) shall contain a description of the extended flight time limitation and the circumstances that caused the need for the extension.

13. General responsibilities
(1)

An operator, Air Navigation Services Provider and an Approved Maintenance Organisation shall-

(a)

publish, in advance, duty rosters that sufficiently provide the crew members opportunity to plan for adequate rest;

(b)

ensure that duty periods are planned in a way that enables crew members to remain sufficiently free from fatigue so that they can operate to a satisfactory level of safety under all circumstances; (c) specify reporting times that allow sufficient time for ground duties; (d) take into account the relationship between the frequency and pattern of duty periods and rest periods and give consideration to the cumulative effects of undertaking long duty hours combined with minimum rest periods; (e) allocate duty patterns which avoid practices that cause a serious disruption of an established sleep or work pattern, such as alternating day and night duties; (f) provide rest periods of sufficient time to enable crew members to overcome the effects of the previous duties and to be rested by the start of the following duty period; (g) plan recurrent extended recovery rest periods and notify crew members, sufficiently, in advance; and (h) plan duties in a manner that the duties may be completed within the allowable duty period, taking into account the time necessary for pre-flight duties, the sector of a flight and turnaround time.

(2)

An operator, Air Navigation Services Provider and an Approved Maintenance Organisation shall ensure that the crew members make optimum use of the opportunities and facilities provided for rest and that the crew members plan and use their rest periods properly.

(3)

For the purposes of this regulation, "crew member" means flight crew, cabin crew, maintenance personnel and air traffic controllers.

14. Flight scheduling
(1)

An operator shall consider the following during scheduling of a flight-

(a)

that the flight has to be completed within the maximum permitted flight duty period;

(b)

the time needed for pre-flight duties, taxiing, the flight and the turnaround times;

(c)

work patterns which avoid undesirable practices such as alternating the day and night duties, alternating eastward- westward or westward-eastward time zone transitions, positioning crew members so that a serious disruption of the established sleep or work pattern occurs;

(d)

that there are sufficient rest periods after long flights which cross several time zones;

(e)

the preparation of duty rosters, sufficiently, in advance with planning of recurrent extended recovery rest periods; and (f ) the requirement for notification of the crew members well in advance to enable the crew members to plan adequate pre-duty rest.

(2)

All the time spent on an aircraft as an assigned flight crew member or as a relief flight crew member, whether resting or performing tasks, shall be included in the determination of the flight duty period.

(3)

Where an operator requires a flight crew member to engage in transportation for positioning, for more than 4 hours, one half of that time shall be included in the calculation of the flight duty period, unless a flight crew member is given ten hours of rest on the ground before being assigned to flight duty.

(4)

For the purposes of subregulation (3), all the time spent in transportation for positioning is duty time and is not rest period.

(5)

For the purposes of determining the maximum flight duty period, transportation for positioning is not considered a flight segment.

(6)

An operator shall not schedule a crew member for an assignment involving the extension of the flight duty period for the cabin crew for up to a maximum of 18 hours, unless-

(a)

not more than 2 landings are carried out within the flight duty period;

(b)

rest facilities are available on board for resting cabin crew members; and

(c)

each cabin crew member is relieved of all tasks during a part of the flight.

(7)

For the avoidance of doubt, a crew member shall not accept an assignment which is contrary to the requirements of subregulation (6).

15. Flight duty roster
(1)

An operator shall publish duty rosters at least fourteen days before the date of the duty to which the duty roster relates.

(2)

An operator shall establish performance indicators for the duty roster which shall be used to monitor the effectiveness of the roster.

(3)

An operator shall demonstrate how operationally effective the duty roster is, by studying the performance of the crew on the duty roster for a specified period, within the planned duration of that period.

(4)

When scheduling night duties of more than ten hours for a member of the flight crew who is adapted to being awake during day time hours at the local time where he or she is acclimatised, the operator shall ensure that before the night duty, the crew member scheduled for night duty obtains sufficient sleep.

(5)

To optimise alertness on a long night duty, an operator shall consider the likelihood of the crew member obtaining sleep as close as possible to the start of the flight duty period, when scheduling rest periods before long night duties, by providing sufficient time to the crew member to adapt to being awake during the night.

(6)

Subject to subregulation (5) scheduling duty periods which lead to extended wakefulness before reporting for such duties shall be avoided.

(7)

For the purposes of this regulation, the fatigue risk management principles that shall be applied to the scheduling of long night duties may include- (a) avoidance of long night duties after extended recovery rest periods; (b) progressive delay of the scheduled end time of the flight duty periods preceding long night duties; (c) starting blocks of night duties with shorter flight duty periods; and (d) avoidance of the sequence of early starts and long night duties.

(8)

The fatigue risk management principles may be applied to the scheduling of long night duties using- (a) the operational experience of the operator or of the aviation industry or data collected on similar operations; (b) evidence-based scheduling practices; or (c) bio-mathematical models.

(9)

For purposes of this regulation, in-flight rest shall be taken during the cruise phase of the flight and in-flight rest periods shall be allocated in a way that optimizes the alertness of the flight crew members who are at the control during landing.

Part III

16. Duty periods
(1)

A crew member shall be considered to be on duty if he or she is performing any tasks on behalf of the operator.

(2)

Tasks performed during an emergency or an adverse situation which is beyond the control of an operator shall not be considered in the calculation of duty period and a crew member shall be considered to be in compliance with prescribed duty limitations, if he or she exceeds the duty limitations while performing tasks during an emergency or adverse situation which is beyond the control of the operator.

17. Cumulative duty hours
(1)

An operator shall not schedule any crew member for duty where the duty period exceeds- (a) one thousand eight hundred hours in any twelve consecutive months; (b) one hundred and ninenty hours in any twenty eight consecutive days; and (c) fifty five hours in any 7 consecutive days.

(2)

For the avoidance of doubt, a crew member shall not accept any assignment that is scheduled contrary to the requirements of subregulation (1).

(3)

For the purposes of subregulation (1), the duration of a break during a split-duty assignment shall be calculated in the following manner-

(a)

where the break is less than 8 hours, the full period of the break shall be accountable; and (b) where the break is 8 hours or more, fifty percent of the period of the break shall be accountable.

18. Flight time and duty period
(1)

An operator shall not schedule any crew member for an assignment for flight duty periods that exceed the limitations specified in subregulation (3). (2) For the avoidance of doubt, a crew member shall not accept any assignment that is scheduled contrary to the requirements of subregulation (1). (3) The total duty periods to which a crew member may be assigned shall not exceed- (a) sixty duty hours in any 7 consecutive days; (b) one hundred and ten duty hours in any fourteen consecutive days; and (c) one hundred and ninenty duty hours in any twenty eight consecutive days, spread as evenly as practicable throughout that period.

(4)

The total flight time of the sector of a flight on which an individual crew member is assigned as an operating crew member shall not exceed- (a) thirty four hours of flight in any 7 days; (b) one hundred hours of flight in any twenty eight consecutive days; (c) nine hundred hours of flight in any calendar year; and (d) one thousand hours of flight in any twelve consecutive calendar months.

(5)

For the purposes of this regulation, a crew member is considered to be on duty when he or she is performing any tasks on behalf of the operator.

(6)

All the time spent on an aircraft as an assigned or relief crew member, whether the crew member is resting or performing tasks, shall be included in the calculation of the flight duty period.

(7)

Where an operator requires a flight crew member to engage in positioning transportation of a period of more than 4 hours, one half of that time shall be included in the calculation of the flight duty period, unless a flight crew member is given ten hours of rest on the ground before being assigned to flight duty- (a) all the time spent in positioning transportation is duty time and is not rest period; and (b) for purposes of determining the maximum flight duty period, deadhead transportation is not considered a flight segment.

(8)

An operator shall not schedule any cabin crew member for an assignment involving the extension of the flight duty period for cabin crew for up to a maximum of eighteen hours unless- (a) not more than 2 landings are carried out within a flight duty period; (b) rest facilities are available on board for resting cabin crew members; and (c) each cabin crew member is relieved of all tasks during a part of the flight.

(9)

For the avoidance of doubt, a crew member shall not accept any assignment that is scheduled contrary to the requirements of subregulation (8).

19. Post-flight duties
(1)

An operator shall specify post-flight duty times taking into account the type of operation, the size and type of aircraft and the conditions of the airport.

(2)

Post-flight duty shall count as duty period and the operator shall specify in the operations manual the minimum time period for post-flight duties.

20. Annual working time

A crew member shall not accumulate a total annual working time of more than two thousand hours during the period of twelve months

21. Positioning

Where an operator positions a crew member, the following shall apply (a) positioning after reporting but prior to operating shall be counted as flight duty period but shall not count as a sector of the flight; and (b) all time spent on positioning shall count as duty period.

22. Day duties
(1)

An operator shall- (a) define the reporting times appropriate to each individual operation as specified under regulation 26 (2) (c); and (b) after consultation with the crew members concerned, establish procedures specifying how the pilot in command shall, in case of special circumstances which may lead to severe fatigue by reducing the actual flight duty period and increasing the rest period in order to eliminate any detrimental effect on flight safety.

(2)

The start time of the flight duty period in Table 2 of Schedule 1 to these Regulations and Table 2 of regulation 30, refers to the 'reference time' and to the local time of the point of departure, where this point of departure is within a 2-hour wide time zone band around the local time where a crew member is acclimatised. (3) The basic maximum daily flight duty period without extensions for acclimatised crew members shall be in accordance with Table 3 of Schedule 1 to these Regulations.

(4)

The maximum daily flight duty period when crew members are in an unknown state of acclimatisation shall be in accordance with Table 3 in Schedule 1 of these Regulations.

(5)

The maximum daily flight duty period when crew members are in an unknown state of acclimatisation and the operator has implemented a FRMS, shall be in accordance with Table 4 of Schedule 1 of these Regulations.

23. Night duties

Night duties shall comply with the following conditions- (a) for purposes of determining the maximum flight duty period for consecutive night duties, the number of sectors of a flight shall be limited to 4 sectors of flight per night duty; and

(b)

the operator shall apply appropriate fatigue risk management to manage the fatiguing effect of night duties of more than 10 hours in relation to the surrounding duties and rest periods.

24. Flight duty period extensions with or without in-flight rest
(1)

For the purposes of extension of flight duty periods, an operator shall provide for in-flight rest facilities as follows- (a) a class 1 rest facility, which shall-

(i)

include a bunk or other surface that allows for a flat or near flat sleeping position and reclines to at least 80° back angle to the vertical; and

(ii)

be located separately from both the flight crew compartment and the passenger cabin in an area that allows the crew member to control the lights and provides isolation from noise and disturbance;

(b)

a class 2 rest facility which shall-

(i)

include a seat in an aircraft cabin that reclines at least 45° back angle to the vertical, with at least a pitch of 55 inches (137.5 cm) and a width of at least 20 inches (50 cm) and which shall provide leg and foot support;

(ii)

be separated from passengers by at least a curtain to provide darkness and some sound mitigation; and

(iii)

be reasonably free from disturbance by passengers or crew members; or

(c)

a class 3 rest facility which shall -

(i)

include a seat in an aircraft cabin or flight crew compartment that reclines at least 40° from the vertical, which provides leg and foot support;

(ii)

be separated from passengers by at least a curtain to provide darkness and some sound mitigation; and

(iii)

not be adjacent to any seat occupied by passengers.

(2)

The extension of flight duty period with in-flight rest under this regulation shall be based on the following-

(a)

the flight duty period shall be limited to 3 sectors of a flight;

(b)

a period of at least ninety consecutive minutes shall be provided for in-flight rest for each crew member; and

(c)

a period of at least 2 consecutive hours shall be provided for in-flight rest for each of the flight crew members at control during landing.

(3)

The maximum daily flight duty period under this regulation may be extended due to in-flight rest for flight crew as provided in this subregulation- (a) where there is one additional flight crew member the maximum daily flight duty period may be extended- (i) up to fourteen hours with class 3 rest facilities; (ii) up to fifteen hours with class 2 rest facilities; or (iii) up to sixteen hours with class 1 rest facilities; (b) where there are two additional flight crew members the maximum daily flight duty period may be extended- (i) up to fifteen hours with class 3 rest facilities; (ii) up to sixteen hours with class 2 rest facilities; or (iii) up to seventeen hours with class 1 rest facilities.

(4)

The minimum in-flight rest for each cabin crew member shall be provided as specified under Table 9 of Schedule 1 to these Regulations.

(5)

The limits specified in subregulation (2) may be increased by 1 hour for flight duty periods that include a minimum of one sector of a flight of more than 9 hours of continuous flight time and a maximum of 2 sectors of a flight.

(6)

All the time spent in a rest facility shall be counted as flight duty period.

(7)

The minimum rest at destination shall be- (a) at least as long as the preceding duty period; or (b) fourteen hours, whichever is greater.

(8)

A crew member shall not start a positioning sector of a flight as part of the operating crew on the same flight.

(9)

An operator may delay the reporting time in the event of unforeseen circumstances, where procedures for delayed reporting are established in the operations manual and the operator maintains records of delayed reporting.

(10)

The extension of flight duty period without in-flight rest under this regulation shall be limited to the values specified in Table 5 in Schedule 1 to these Regulations.

25. Split-duty assignments during flight
(1)

An operator may increase the allowable planned flight duty period through the application of the split-duty policies specified in Table 4 of Schedule 1 to these Regulations and subject to the following conditions- (a) the flight duty period shall not consist of more than 2 periods of duty; (b) there shall be a single break of sufficient length; (c) the concerned crew member shall be notified in advance; (d) adequate facilities shall be provided for the crew members; and (e) suitable accommodation shall be provided, where the break- (i) is 6 hours or more; or (ii) covers 3 hours or more of during the time period between two thousand two hundred hours to 0600 hours, local time, at the place where the break occurs.

(2)

Subject to the conditions set out in subregulation (1), an operator shall not schedule any crew member for an assignment that involves a split-duty assignment, unless-

(a)

parts of the flight duty period before and after the break do not exceed ten hours; and

(b)

the total flight duty period does not exceed eighteen hours.

(3)

For the avoidance of doubt, a flight crew member shall not accept any assignment that is scheduled contrary to the requirements of subregulation (2).

(4)

Where the total travelling time, in both directions, between the place of duty and the place where the suitable accommodation is situated, exceeds one hour, any travelling time in excess of one-hour of the total shall be deducted from the break for the purpose of calculating the increased flight duty period.

(5)

Augmented flight crew or cabin crew shall not be used to determine split-duty assignments for purposes of calculating the extension of the allowable flight duty period.

26. Other split-duty assignments
(1)

The conditions for extending the basic maximum daily flight duty period due to a break on the ground shall include the following elements as applicable to the type of operation-

(a)

in determining the flight time, the operator shall specify the following elements as applicable to the type of operation-

(i)

the minimum duration of a break on the ground;

(ii)

the possibility to extend the flight duty period taking into account the duration of the break on the ground; and

(iii)

the facilities provided to the crew member to rest and other relevant factors;

(b)

the break on the ground shall be taken in full as flight duty period; and (c) split duty shall not follow a reduced rest.

(2)

The extension of the basic maximum daily flight duty period due to a break on the ground shall be based on the following conditions- (a) the break on the ground within the flight duty period shall have a minimum duration of 3 consecutive hours; (b) the break on the ground shall exclude the time allowed for post and preflight duties and travelling and the minimum total time for post and pre-flight duties and travelling shall be thirty minutes; (c) the maximum flight duty period may be increased by up to fifty percent of the break on the ground; (d) suitable accommodation shall be provided either for a break of 6 hours or more or for a break that encroaches the WOCL; and (e) in all other cases where paragraph (d) does not apply, accommodation shall be provided, and in this case, any time of the actual break which exceeds 6 hours or any time of the break that encroaches the WOCL shall not count for the extension of the flight duty period.

(3)

Split duty shall not be combined with in-flight rest.

(4)

An operator shall specify in the operations manual the actual times required for subregulation (2) (b).

27. Augmented flight crew assignments
(1)

An operator shall not schedule any crew member for an assignment involving the use of an augmented flight crew which increases the length of a flight duty period for more than-

(a)

eighteen hours, where every flight crew member may leave his or her post for at least fifty percent of the total flight time of all flights within the flight duty period; or

(b)

sixteen hours, where every flight crew member may leave his or her post for at least twenty five percent of the total flight time of all flights within the flight duty period.

(2)

An operator shall not schedule any crew member for an assignment that involves the use of an augmented flight crew to increase the length of a flight duty period unless the crew is scheduled to carry out no more than- (a) 2 landings within a flight duty period; or (b) 3 landings, if the following conditions are met- (i) the flight time for one sector of the flight is 3 hours or less; and (ii) the rest period immediately following the flight duty period is increased by 6 hours.

(3)

An operator shall not schedule any crew member for an assignment that involves the use of an augmented flight crew to increase the length of a flight duty period unless there are adequate rest facilities, approved by the authority, available on board the aircraft, for all the flight crew members.

(4)

For the avoidance of doubt, a flight crew member shall not accept any assignment that is scheduled contrary to the requirements of this regulation.

28. Mixed flying types of operation

An operator shall not schedule any flight crew member for mixed flying types of operation, such as flight simulator and conversion or recurrent training flights prior to commercial air transport flights unless authorised by the authority

29. On-call duty

When assigning the scheduled on-call duty to crew members, an operator shall (a) apply the on-call duty period limitation for flight crew members set out in Table 5 of Schedule 1 to these Regulations; (b) provide suitable rest facilities where- (i) a member of the flight crew is requested for call duty at a distance base; and (ii) on-call duty is to be carried out at the aerodrome;

(c)

maintain records of the scheduled on-call duty for the crew members and make them available before a person begins their duty or their first flight of the day;

(d)

include in the total duty time prescribed in this Part, the following- (i) fifty percent of the on-call duty time, excluding the first 4 hours of on-call duty done at home; and (ii) if being notified for the duty, fifty percent of the notification time is calculated if the notice period is less than ten hours; (e) ensure that a flight crew member who has completed on- duty call time without doing the duty, has a rest period of at least ten hours before commencing duty or the next on- call duty.

30. Time zone difference
(1)

For the purpose of this regulation, "rotation" shall refer to a series of duties, including at least one flight duty, and a rest period out of home base and rotation shall start at the home base and end on return to the home base for a rest period where the operator is no longer responsible for the accommodation of the crew member.

(2)

The operator shall monitor rotations and combinations of rotations in terms of the effect of the rotations on the fatigue of the crew members and shall adapt the duty rosters as may be necessary.

(3)

The differences in time zones shall be compensated by additional rest at the home base and where the rotation involves a time difference of 4 hours or more, the minimum rest shall be as specified in Table 2 of this subregulation- Table 2

(4)

An operator shall, in case of an eastward-westward or a westward-eastward transition, provide the crew members with at least 3 local nights of rest at the home base between alternating rotations.

(5)

A combination of rotations shall be monitored using fatigue management system of the operator.

31. Rest and duty limitations for persons performing maintenance

functions in Approved Maintenance Organisation (1) An Approved Maintenance Organisation shall not- (a) assign an aircraft maintenance functions to a person unless the assignee has had a minimum rest period of 8 hours prior to the beginning of duty; or (b) schedule a person to perform maintenance functions on an aircraft for more than twelve consecutive hours of duty.

(2)

A person shall not-

(a)

perform maintenance functions on an aircraft unless that person has had a minimum rest period of 8 hours prior to beginning the duty; or

(b)

perform maintenance functions on an aircraft for more than twelve consecutive hours of duty.

(3)

An Approved Maintenance Organisation shall relieve the person performing maintenance functions for a period of 7 consecutive days, from all duties for a period of twenty four consecutive hours.

(4)

Where an aircraft maintenance engineer or the employer of aircraft maintenance engineer knows or suspects that the aircraft maintenance engineer is suffering from or, having regard to the circumstances of the period of duty to be undertaken, is likely to suffer from fatigue which may endanger the safety of any aircraft to which an engineer may be assigned to perform duties-

(a)

the aircraft maintenance engineer shall not accept to perform such duties; and

(b)

the employer shall not permit the aircraft maintenance engineer to perform the duties.

(5)

An operator shall apply appropriate fatigue risk management to actively manage the fatigue effect of night duties of more than ten hours in relation to the surrounding duties and rest periods.

(6)

The total duty hours which may be assigned to an aircraft maintenance engineer shall not exceed sixty duty hours in any 7 consecutive days.

Part IV

32. Fatigue management in air traffic control service
(1)

An Air Traffic Service Provider shall establish procedures for the purpose of managing fatigue in the provision of air traffic services.

(2)

The Air Traffic Service Provider shall subject to subregulation (1), base the procedures upon scientific principles, knowledge and operational experience, with the aim of ensuring that air traffic controllers perform at an adequate level of alertness.

(3)

For purposes of managing fatigue-related safety risks, the Air Traffic Service Provider shall establish one of the following-

(a)

air traffic controller schedules commensurate with the services provided in compliance with prescriptive limitations specified in these Regulations;

(b)

a FRMS, in compliance with these Regulations; and

(c)

a FRMS, which shall be in compliance with these Regulations, with regard to the defined part of its air traffic control services and with regard to the prescriptive limitation.

(4)

The Air Traffic Service Provider shall- (a) provide evidence that the prescribed limitations are not exceeded and that the non-duty period requirements are met; (b) familiarize air traffic control personnel with the principles of fatigue management and policies with regard to fatigue management;

(c)

apply for variations from the prescriptive limitation regulations to address any additional risks associated with sudden, unforeseen operational circumstances; and (d) subject to paragraph (c), demonstrate that any associated risk is being managed to a level of safety equivalent to, or better than that achieved under the provisions on prescriptive fatigue management. (5) In the course of provision of air traffic control services, an Air Navigation Services Provider shall ensure that the following are established- (a) a duty roster system that addresses duty period time and adopted rest period shall be established; and (b) the duty roster system shall specify- (i) the maximum consecutive working days of duty; (ii) the maximum hours per duty period; (iii) the maximum time for providing air traffic control service without breaks; (iv) the ratio of duty periods to breaks when providing air traffic control service; (v) the minimum rest periods; (vi) the maximum consecutive duty periods that encroach on the night time, where applicable, depending upon the operating hours of the air traffic control unit concerned; (vii) the minimum rest period after a duty period encroaching the night time; and (viii) minimum number of rest periods within a roster cycle, and how these shall be implemented and monitored.

(6)

An air traffic controller shall not perform any safety relevant tasks when he or she knows that he or she is fatigued or feels unfit to the extent that safety may be adversely affected.

(7)

Subject to subregulation (6), where an air traffic controller or the employer of the air traffic controller knows or suspects that the air traffic controller is suffering from or, having regard to the circumstances of the period of duty to be undertaken is likely to suffer from fatigue in a way that may endanger the safety of any aircraft to which an air traffic control service may be provided- (a) the air traffic controller shall not accept to act as an air traffic controller; and (b) the employer of the air traffic controller shall not allow the air traffic controller to act as such.

33. Maximum working hours for air traffic

controllers Except in an emergency, an air traffic controller shall not serve or be required to serve (a) for more than ten hours in any duty period; (b) for more than ten hours during a period of twenty four consecutive hours, unless the air traffic controller has had a rest period of at least 8 hours at the end of or before the end of, ten hours of duty; (c) for more than 3 consecutive work days; (d) for more than fifty hours within 7 days; or (e) for time-in-position of 4 consecutive hours, depending on traffic level.

34. Minimum rest periods for air traffic

controllers An Air Traffic Services Provider shall ensure that (a) the duration of non-duty periods for an air traffic controller between duty periods is not less than fifty four hours

between the end of one consecutive period of duty and another period of duty; (b) the number of non-duty days for air traffic controllers within a period of twenty eight days is not less than 8 days; (c) in determining the minimum rest period, consideration is made of time for travelling and handover; and (d) no operational duty exceeds a period of 4 continuous hours without periods of breaks, totalling not less than thirty minutes, being taken during the period or at the end of the period and that during the periods of break an air traffic controller does not exercise the privileges of his or her licence.

35. Unscheduled duties for air traffic controllers For unscheduled duties to be performed by an air traffic controller, the Air Traffic Service Provider shall

when assigning such duties, establish a process that ensures that the air traffic controller is not awake for extended periods of time

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Procedural rule

This section establishes the governing procedure for “Unscheduled duties for air traffic controllers For unscheduled duties to be performed by an air traffic controller, the Air Traffic Service Provider shall”.

“when assigning such duties, establish a process that ensures that the air traffic controller is not awake for extended periods of time”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
36. Variations to scheduling limits for air traffic controllers
(1)

An Air Traffic Service Provider shall, subject to regulation 32 (4)(c), provide for approval by the authority, any variations to the scheduling limits.

(2)

The variations to the scheduling limits shall include- (a) the reason for the need for the variation; (b) the extent of the deviation; (c) the date and time of enactment of the deviation; and (d) a safety case, outlining mitigations to support the deviation.

(3)

The process for variation shall be as specified in the applicable technical guidance material issued by the authority.

37. Fatigue Risk Management System (FRMS)
(1)

Where an Air Traffic Service Provider implements a FRMS to manage the fatigue-related safety risks in accordance with this Part of the Regulations, the Air Traffic Service Provider shall establish a process to integrate the functions of the FRMS with the other safety management functions of the Air Traffic Service Provider.

(2)

The FRMS established by the Air Traffic Service Provider shall provide a level of safety acceptable to the authority.

(3)

The FRMS established by the Air Traffic Service Provider shall be approved by the authority in accordance with the process specified in the applicable technical guidance material issued by the authority.

Part V

38. Rest period
(1)

A crew member shall not- (a) perform any duty unless he or she has had at least the minimum rest period applicable to the duty, as prescribed by these Regulations; or (b) accept an assignment during any specified rest period.

(2)

An operator may reduce the rest period of a crew member, and where the operator reduces the rest period, the reduction shall be within the limitations prescribed in Tables 6 and 7 of Schedule 1 to these Regulations.

(3)

A person shall not fly in an aircraft, to which these Regulations apply, as a crew member unless immediately before the duty period, the person has had a sufficient rest period as prescribed in Table 10 of Schedule 1 to these Regulations.

(4)

Where a rest period is taken by a person at a place which is not within fifty miles of the ordinary place of residence of that person, it shall be deemed to be a sufficient rest period if the rest period includes a period of eight hours falling between two thousand two hundred hours and 0800 hours local time as set out in Table 8 of Schedule 1 to these Regulations.

(5)

Where the time spent in local transportation is in excess of thirty minutes, that time shall not be considered a part of the rest period of a crew member. (6) The time spent in transportation which is not local in character and which is required by the operator to position crew members to or from flights shall not be not considered part of the rest period of a crew member. (7) The time spent in transportation on an aircraft at the insistence of the operator to or from the home station of a crew member shall not be considered part of a rest period.

39. Duty and rest periods for flight operations officers
(1)

An operator shall not schedule a flight operations officer for more than ten consecutive hours of duty within a twenty four consecutive hour period, unless the flight operations officer is given an intervening rest period of at least 8 hours at, or before, the end of the ten hours duty.

(2)

An operator shall establish the daily duty period for a flight operations officer so that it includes a time that allows the flight operations officer to become familiar with existing and anticipated weather conditions along the route before he or she dispatches an aircraft.

40. Minimum rest periods for seven and

ten consecutive days An operator shall relieve the flight crew member, flight operations officer and cabin crew member from all duties for (a) thirty six consecutive hours, during any period of 7 consecutive days; and

(b)

sixty consecutive hours, during any period of ten consecutive days.

41. Records of flight time and duty period
(1)

An operator of an aircraft to which these Regulations apply shall not cause or permit any person to fly as a crew member unless the operator has an accurate and up-to-date record maintained by the operator or by another operator, in respect of that person and in respect of the twenty eight days immediately preceding the flight.

(2)

The record referred to in subregulation (1) shall indicate-

(a)

the time of the beginning and the time of the end of each flight made by that person as a crew member in the course of any of the duty periods;

(b)

the time of the beginning and the time of the end of each duty period of that person in the course of which the person made a flight as a crew member;

(c)

the time of the beginning and the time of the end of each duty period of that person, ending within a period of seventy two hours immediately preceding the beginning of any duty period of that person in the course of which he or she made a flight in any aircraft as a crew member; and

(d)

brief particulars of the nature of the work or other duties carried out by that person during each of the duty periods of the crew member, the record of which is required to be kept under these Regulations.

(3)

For the purposes of subregulation (2) (d), an operator of an aircraft shall preserve the records referred to in the subregulation for a period of at least 6 months after the end of the flight duty period or rest period to which the records relate.

42. Duties of operators to prevent excessive fatigue of crew

members An operator of an aircraft to which these Regulations apply shall ensure, in respect of each person flying as a crew member of that aircraft, that-

(a)

the periods during which that person is required or permitted by the operator to carry out any other work or duties are limited in length and frequency;

(b)

for a flight crew member, that is afforded such period for rest, that his or her work and duties are not likely to cause the person such fatigue that may endanger the safety of the aircraft;

(c)

for another crew member, that is afforded such period for rest, such that the efficiency of the crew member to adequately perform duties related to possible evacuation or control of passengers or to the provision of assistance in the event of an emergency situation, is not impaired.

43. Minimum rest period for flight crew and cabin crew
(1)

An operator shall ensure that the minimum rest period of the flight and cabin crew is not less than- (a) 9 hours, for flight crew members; and

(b)

8 hours, for cabin crew members.

(2)

For the purposes of subregulation (1), an operator shall ensure that, before the start of a flight duty period, a crew member has completed a rest period-

(a)

at least, the same length of time as the preceding duty period; or

(b)

of eleven hours, whichever is the longer period.

(3)

The minimum rest period following a flight duty period in which split-duty may be applied shall be at least as long as the total flight duty period, including the break.

(4)

For the purpose of subregulation (3), where suitable accommodations is provided, the duration of any break shall not be included in the calculation of the rest period and the operator may reduce the rest period by three hours to eleven hours, as may be applicable, subject to the following conditions- (i) the previous rest period must have been completed in accordance with subregulation (3); (ii) the amount by which the rest period is reduced shall be added to the next rest period and shall not be reduced; and (iii) the amount of time by which the rest period is reduced shall be deducted from the subsequent allowable flight duty period.

44. Time elapsed since reporting The time since reporting for a rotation involving at least a 4-hour time difference to the reference time, elapses and stops counting

when the crew member returns to his or her home base for a rest period during which the operator is no longer responsible for the accommodation of the crew member

45. Pattern of work
(1)

An operator who organises work in a specific pattern shall take into account the health and safety of the crew members to ensure that the pattern- (a) provides the crew members with adequate rest breaks; and (b) offers the crew members work within the scope of their duties.

(2)

An operator shall maintain information relating to the working patterns of the crew members, for a period of not less than twenty four months.

(3)

An operator shall, upon request provide such information as the Authority may specify relating to the working patterns of the crew members.

46. Nutrition
(1)

An operator shall ensure that during the flight duty period, especially for a flight duty period that exceeds 6 hours, there is a meal and drink for the crew members, in order to avoid any detriment to the performance of the crew members.

(2)

For the purposes of subregulation (1), an operator shall specify in the operations manual, the nutrition of the crew member during flight duty period, including- (a) the minimum duration for the meal, in particular where the flight duty period encompasses the regular meal windows; and (b) the time frame during which regular meals are to be consumed in order not to alter the human needs for nutrition without affecting the body rhythms of the crew member.

Part VI

47. Approval of FRMS
(1)

An operator and an Air Navigation Service Provider may, in lieu of any or all of the prescriptive fatigue management requirements prescribed under these Regulations, adopt a FRMS prescribed under this Part, for the purposes of managing fatigue related safety risks.

(2)

The authority shall, approve the FRMS adopted by an operator or an Air Navigation Service Provider, as the case may be, under subregulation (1).

(3)

The authority shall for the purposes of approving the FRMS under this regulation, determine that the FRMS of an operator or Air

Navigation Services Provider, as the case may be, provides a level of safety equivalent to, or better than, the prescriptive fatigue management requirements prescribed under these Regulations.

(4)

The FRMS shall include a process that ensures a level of safety equivalent to, or better than, the prescriptive fatigue management approach prescribed under these Regulations.

(5)

Where an operator or an Air Navigation Service Provider, as the case may be, adopts fatigue risk management approaches in accordance with the requirements of this Part, for all of its operations or parts of its operations, the authority may approve, variations to these Regulations on the basis of a risk assessment provided by the operator or an Air Navigation Services Provider, as the case may be.

(6)

For the purposes of subregulation (5), the proposed variations shall provide a level of safety equivalent to or better than that achieved using the fatigue management approach.

(7)

For purposes of subregulation (4), an operator or Air Navigation Services Provider, as the case may be, shall-

(a)

establish maximum values for flight times, flight duty periods, and minimum values for rest periods based upon scientific principles and knowledge and subject to safety assurance processes;

(b)

cater for a decrease in the maximum values and an increase in minimum values, in the event that the data indicates that the values are too high or too low, respectively; and

(c)

provide a justification for the changes, based on accumulated FRMS experience and fatigue- related data.

(8)

A FRMS shall be eligible for approval, where, as a minimum, the FRMS meets the requirements specified in Schedule 2 to these Regulations and-

(a)

incorporates scientific principles and knowledge; (b) has mechanisms to identify fatigue-related safety hazards and the resulting risks on an ongoing basis; (c) has mechanisms to ensure that remedial actions, necessary to effectively mitigate the risks associated with the hazards, are implemented promptly; (d) has mechanisms for continuous monitoring and regular assessment of the mitigation of fatigue related risks; and (e) provides for performance evaluation and continuous improvement to the overall performance of the FRMS.

(9)

An operator and the Air Navigation Services Provider shall establish a FRMS policy as provided for in Schedule 2 to these Regulations.

48. Implementation of FRMS

An operator and an Air Navigation Services Provider that adopts the FRMS prescribed under this Part shall- (a) comply with requirements of this Part;

(b)

establish processes to integrate the FRMS functions with its other safety management functions; and

(c)

submit to the authority for approval, a FRMS manual containing the processes to be adopted to provide a level of safety acceptable to the authority as required under regulation 50.

49. Integration of FRMS and SMS An

operator and an Air Navigation Services Provider that has established a FRMS shall ensure that the system is integrated with the Safety Management System of the operator or Air Navigation Services Provider, as the case may be

50. FRMS manual An operator and an

Air Navigation Services Provider shall maintain fatigue risk management documentation that shall (a) describe the fatigue risk management policy and objectives of the operator or Air Navigation Services Provider, as the case may be; (b) describe the fatigue risk management processes and procedures of the operator or Air Navigation Services Provider, as the case may be; (c) describe the accountabilities, responsibilities and authorities for these processes and procedures of the operator or Air Navigation Services Provider, as the case may be; (d) describe the mechanisms for on-going involvement of management, flight and cabin crew members, and all other involved personnel of the operator or Air Navigation Services Provider, as the case may be; (e) describe the fatigue risk management training programmes, training requirements and attendance records of the operator or Air Navigation Services Provider, as the case may be; (f) record the scheduled and actual flight times, duty periods and rest periods with deviations and reasons for deviations; and (g) record the fatigue risk management outputs including findings from collected data, recommendations, and actions taken.

51. Identification of fatigue hazards
(1)

An operator or an Air Navigation Services Provider shall establish records of the process for the identification of fatigue hazards.

(2)

The process for the identification of fatigue hazards shall be- (a) predictive, for which purpose the process shall identify fatigue hazards by examining crew scheduling, taking into account factors known to affect sleep and fatigue and their effects on performance and the crew scheduling to be examined shall include- (i) the operational experience of the operator or of the industry and data collected on similar types of operations; (ii) evidence-based scheduling practices; and (iii) bio-mathematical models.

(b)

proactive, for which purpose the process shall identify fatigue hazards within the current flight operations, including- (i) self-reporting of fatigue risks; (ii) crew fatigue surveys; (iii) relevant flight and cabin crew performance data; (iv) available safety databases and scientific studies; and (v) analysis of planned versus actual time worked.

(c)

reactive, for which purpose the process shall identify the contribution of fatigue hazards to reports and events associated with potential negative safety consequences in order to determine the impact of fatigue and how it may have been minimised, and the reports and events shall include-

(i)

fatigue reports; (ii) confidential reports; (iii) audit reports; (iv) incidents; and (v) flight data analysis events.

52. Risk assessment
(1)

An operator and an Air Navigation Services Provider shall- (a) develop risk assessment procedures that determine the probability and potential severity of fatigue related events and shall implement these procedures; and (b) identify when the associated risks require mitigation.

(2)

The risk assessment procedures referred to in subregualtion (1) shall include a review of identified hazards and linkage of the identified hazards to- (a) the operational processes; (b) their probability; (c) the possible consequences; and (d) the effectiveness of existing safety barriers and controls.

53. Risk mitigation

An operator shall develop and implement risk mitigation procedures which shall be used to (a) select the appropriate mitigation strategies; (b) implement the mitigation strategies; and (c) monitor the effectiveness of strategies implementation.

54. FRM safety assurance processes
(1)

An operator and an Air Navigation Services Provider shall maintain FRM safety assurance processes to provide for continuous performance monitoring, analysis of trends, and measurement to validate the effectiveness of the fatigue safety risk controls.

(2)

For the purposes of subregulation (1), an operator and an Air Navigation Services Provider may source information from the following- (a) hazard investigations and reporting; (b) audits and surveys; and (c) reviews and fatigue studies.

(3)

The process for management of change shall include- (a) identification of changes in the operational environment that may affect fatigue risk management; (b) identification of changes within the organisation that may affect fatigue risk management; and (c) consideration of available tools which may be used to maintain or improve fatigue risk management performance prior to implementing changes. (4) The safety assurance processes shall provide for the continuous improvement of fatigue risk management and this shall include- (a) the elimination or modification of risk controls that have had unintended consequences or that are no longer needed due to changes in the operational or organisational environment; (b) routine evaluations of facilities, equipment, documentation and procedures; and (c) the determination of the need to introduce new processes and procedures to mitigate emerging fatigue-related risks.

55. FRM promotion process
(1)

An operator, an Air Navigation Services Provider and an Approved Maintenance Organisation shall conduct fatigue risk management promotion process to support the development of FRMS, the continuous improvement of its overall performance, and attainment of optimum safety levels. (2) An operator, an Air Navigation Services Provider and an Approved Maintenance Organisation shall, as part of the fatigue risk management promotion process implement- (a) training programmes to ensure competency commensurate with the roles and responsibilities of management, flight and cabin crew, and all other concerned personnel under the fatigue risk management; and (b) an effective fatigue risk management communication plan that- (i) explains fatigue risk management policies, procedures and responsibilities to all relevant stakeholders; and (ii) describes communication channels used to gather and disseminate fatigue risk management related information.

56. Rationale for variation
(1)

An operator, an Air Navigation Services Provider and an Approved Maintenance Organisation may apply in writing to the authority requesting for variation of fatigue risk management in case of- (a) unexpected circumstances beyond the control of the service provider; and (b) expected but exceptional circumstances. (2) The authority may upon satisfactory assessment of circumstances, grant the applicant, variations on the prescribed limits to meet operational needs and risks.

(3)

For the purposes of subregulation (1) (a), the authority may- (a) approve variations extending beyond prescribed limits to enable such on-the-day extensions; (b) determine outer limits and the circumstances in which variations may be used to grant flexibility; and (c) permit the applicant flexibility to manage on-the-day disruptions by requiring the applicant to develop on-the- day response protocol.

(4)

The operator shall retain records of work and non-work periods including planned and actual work and non-work periods, with significant deviations from prescribed limits and minima.

57. Analysis and audit on flexibility records
(1)

The authority shall- (a) conduct analysis of work and non-work records, including the use of any flexibility provisions by the operator for purposes of monitoring compliance; and (b) conduct further analysis of the records referred to in paragraph (a), coupled with fatigue reports, to identify fatigue risk associated with operators rostering practices.

(2)

The authority shall retain the records for audit purposes for a period of time as may determined by the applicable laws.

Part VII

58. Application for exemptions
(1)

A person may apply to the authority for an exemption from any provision of these Regulations.

(2)

A request for exemption shall be made in accordance with the requirements of these Regulations.

(3)

An application for exemption shall be submitted and processed in a manner prescribed in the applicable technical guidance material. (3) A request for an exemption shall contain- (a) the name of the applicant; (b) the physical address and mailing address of the applicant; (c) the telephone number of the applicant; (d) where available, the fax number of the applicant; and (e) where available the email address of the applicant.

(4)

The application shall be accompanied by a fee prescribed by the authority in the applicable aeronautical information circulars for technical evaluation.

59. Exemptions
(1)

The authority may, upon consideration of the circumstances of a particular person issue an exemption providing relief from specified provisions of these Regulations, provided that- (a) the authority finds that the circumstances presented warrant the exemption; and (b) a level of safety shall be maintained at a standard equal to the standard provided by the Regulations from which the exemption is sought.

(2)

The exemption issued under subregulation (1) may, at any time, be terminated or amended by the authority.

(3)

A person who is granted an exemption shall notify the management and the personnel who are to perform the function which is subject to the exemption.

60. Possession of the approval or authorisation

A person who is issued an approval or authorisation by the authority shall have physical possession of the approval or authorisation or shall have the approval or authorisation displayed at the work station when exercising the privileges of that approval or authorisation .

61. Inspection of approval or authorisation

A person who is issued an approval or authorisation shall upon request by the authority or any person authorised by the authority, present the approval or authorisation for inspection

62. Replacement of approval or authorisation documents

An operator may apply to the authority in a form and manner determined by the authority in the applicable technical guidance material for replacement of documents issued under these Regulations, when such documents are lost or destroyed

63. Suspension and revocation of approval or authorisation
(1)

The authority may, where it considers it to be in public interest, suspend provisionally, pending further investigation, any approval or authorisation issued under these Regulations.

(2)

The authority may, upon the completion of an investigation which has shown sufficient ground to the satisfaction of the authority and where the authority considers it to be in public interest, revoke, suspend, or vary any approval or authorisation issued or granted under these Regulations.

(3)

The authority may, where it considers it to be in public interest, prevent any person or aircraft from flying. (4) A holder or any person having possession or custody of any approval or authorisation which has been revoked, suspended or varied under these Regulations shall surrender the approval or authorisation to the authority within fourteen days from the date of revocation, suspension or variation. (5) The breach of any condition subject to which any approval or authorisation has been granted or issued under these Regulations shall render the approval or authorisation invalid during the continuance of the breach.

64. Use and retention of approval or authorisation and records
(1)

A person shall not-

(a)

use any approval or authorisation , exemption or such other document issued or required under these Regulations which has been forged, altered, revoked, or suspended, or to which that person is not entitled;

(b)

forge or alter any approval or authorisation , exemption or any such other document issued or required by, or under these Regulations; (c) lend any approval, authorisation or exemption or any such other document issued or required under these Regulations to any other person; or

(d)

make any false representation for the purpose of procuring for himself or herself or any other person, the grant, issue, renewal or variation of approval, authorisation , exemption or any such other document.

(2)

During the period for which it is required under these Regulations to be preserved, a person shall not- (a) mutilate, alter, render illegible or destroy any records, or any entry made in a record which is required to be made by or under these Regulations to be maintained; or (b) knowingly make, or procure or assist in the making of, any false entry in any record, or willfully omit to make a material entry in any such record.

(3)

All records required to be maintained by or under these Regulations shall be recorded in permanent and indelible ink.

(4)

A person shall not purport to issue any approval, authorisation or any document for the purposes of these Regulations unless that person is authorised to do so under these Regulations.

(5)

A person shall not issue any approval, authorisation, exemption or any other document of the kind referred to in these Regulations unless he or she has satisfied himself or herself that all the statements in the approval, authorisation or other document are correct, and that the applicant is qualified to hold that approval, authorisation or other document.

65. Reports of violation
(1)

A person who knows of a violation of the Act, these Regulations, or any technical decisions, decrees, orders, circulars or directives made under the Act shall report it to the authority.

(2)

The authority shall determine the nature and type of any additional investigation or enforcement action that shall be taken.

66. Enforcement of directives
(1)

A person who fails to comply with any technical decisions, decrees, orders, circulars or directives given by the authority or by any authorised person shall be deemed for the purposes of these Regulations to have contravened that provision.

(2)

The authority shall take enforcement action on any person regulated under these Regulations, that fails to comply with any provisions of these Regulations.

(3)

The inspectors of the authority holding valid delegations shall take necessary actions to preserve safety where an undesirable condition has been detected.

(4)

The action referred to in subregulation (2) may include-

(a)

in the case of a body corporate, imposition of operating restrictions until such a time when the existing undesirable condition has been resolved; or

(b)

in case of an individual, require that the individual does not exercise the privileges of the approval or authorisation until such a time that the undesirable condition has been resolved.

(5)

In carrying out enforcement actions under this regulation, the inspectors shall act with due care and in good faith, in the interest of preserving safety.

67. Aeronautical user fees
(1)

The authority shall notify applicants of the fees to be charged in connection with the issue, validation, renewal, extension or variation of any approval or authorisation or any other document, including the issue of a copies of these, or the undergoing of any examination, test, inspection or investigation or the grant of any permission or approval, required by, or for the purpose of these Regulations by publishing orders, notices or proclamations.

(2)

Upon an application being made in connection with which a fee is chargeable in accordance with subregulation (1), the applicant shall be required, before the application is entertained, to pay the fee chargeable.

(3)

Where, payment of fees has been made and the application is withdrawn by the applicant or otherwise ceases to have effect or is rejected, the authority shall not refund the fees.

68. Extra- territorial application of Regulations
(1)

Except where the context otherwise requires, the provisions of these Regulations shall- (a) in so far as they apply, whether by express reference or otherwise, to crew operating aircraft registered in Uganda, apply to such crew wherever they may be; (b) in so far as they apply, whether by express reference or otherwise, to crew when they are operating within Uganda;

(c)

in so far as they prohibit, require or regulate, whether by express reference or otherwise, the doing of anything by any person in, or by any of the crew of, any aircraft registered in Uganda, shall apply to such persons and crew, wherever they may be; and (d) in so far as they prohibit, require or regulate, whether by express reference or otherwise, the doing of anything in relation to any aircraft registered in Uganda by other persons shall, where such persons are citizens of Uganda, apply to them wherever they may be.

69. Contravention of Regulations

A person who contravenes any provision of these Regulations may have his or her approval, authorisation, exemption or other document revoked or suspended

70. Penalties
(1)

A person who contravenes any provision of these Regulations or an order, notice or proclamation made under these Regulations commits an offence. (2) Where a member of the crew, an operator, an Air Navigation Services Provider or an Approved Maintenance Organisation is not the person who contravenes the provision of these Regulations, without prejudice to the liability of any other person under these Regulations, a member of the crew, an operator, an Air Navigation Services Provider or an Approved Maintenance Organisation shall be deemed for the purposes of this regulation to have contravened that provision unless the member of the crew, an operator, an Air Navigation Services Provider or an Approved Maintenance Organisation proves that the contravention occurred without their consent or connivance and that due diligence was exercised to prevent the contravention of the provisions. (3) Where it is proved that an act or omission by any person is a contravention of a provision of these Regulations or an order, notice or proclamation made under these Regulations due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention of the provision of these Regulations.

(4)

Where a person is charged with contravening a provision under these Regulations, or an order, notice or proclamation made under these Regulations by reason of him or her having been a member of the flight crew on flight for the purpose of commercial air transport operations, a member of flight crew shall be treated, without prejudice to the liability of any other person under these Regulations, as not having been for that purpose in contravention of the provision, where he or she proves that he or she neither knew nor had reason to know that the flight was for that purpose. (5) A person who contravenes any provision of these Regulations or order, notice or proclamation made under these Regulations not being a provision referred to in subregulation (8) commits an offence and is liable, on conviction, to a fine and in the case of a continuing contravention, each day of the contravention shall constitute a separate offence.

(6)

The authority and any person specifically authorised by name or any police officer not below the rank of inspector specifically authorised by name by the Minister, may compound offences under Part A of Schedule 3 to these Regulations by assessing the contravention.

(7)

A person convicted of compound offences referred to in subregulation (6) shall pay to the authority a fine not exceeding one hundred currency points.

(8)

A person who contravenes any provision specified in Part B of Schedule 3 to these Regulations commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points or to imprisonment for a term not exceeding four years or both.

(9)

A person who contravenes any provision specified as an "A" provision in Schedule 3 to these Regulations commits an offence and is liable, on conviction to a fine not exceeding fifty currency points for each offence or each flight or to imprisonment for a term not exceeding two years or both.

(10)

A person who contravenes any provisions of these Regulations not being a provision referred to in Schedule 3 to these Regulations, commits an offence and is liable, on conviction to a fine not exceeding one hundred currency points and in the case of a second or subsequent conviction for the same offence to a fine not exceeding two hundred currency points. (11) Where any person is aggrieved by any decision made under these Regulations he or she may, within twenty-one days of such decision being made, appeal against the decision to High Court and the Criminal Procedure Code Act, shall apply mutatis mutandis, to every such appeal as if it were an appeal against a sentence passed by a High Court in the exercise of its original jurisdiction.

71. Revocation of S.I. No. 37 of 2020, savings and transitional
(1)

The Civil Aviation (Fatigue Risk Management) Regulations, 2020 are revoked.

(2)

An authorisation, instruction, exemption or approval granted by the authority under the regulations revoked by subregulation (1) and which is in force immediately before the commencement of these Regulations, shall have effect and shall continue in force as if granted under these Regulations, until it expires or is cancelled by the authority.

(3)

Notwithstanding the continuance of any authorisation, instruction, exemption or approval under subregulation (2), a person who, at the commencement of these Regulations is carrying out any act, duty or operation affected by these Regulations shall, within six months from the commencement of these Regulations, or within such longer period as the Minister may, by notice in the Gazette prescribe, comply with the requirements of these Regulations.

(4)

(4) Notwithstanding regulation 69, a person granted a authorisation, instruction, exemption or approval continued under subregulation (2) who does not comply with the requirements of these Regulations within the time prescribed under subregulation (3), shall have authorisation, instruction, exemption or approval cancelled by the authority.

SCHEDULES

SCHEDULE 1 DUTY PERIODS AND FLIGHT TIME LIMITATIONS

TABLE 1-ALLOWABLE FLIGHT DUTY PERIOD - TWO OR MORE PILOTS regulation 12 (2)

(a)

The maximum allowable flight duty period may be extended for two or more pilots operations as provided in the following table:

Number of landings as operating crew member Reporting time 1-4 5 >= 6 0700-1759 0930 0830 0800 1800-2159 0830 0800 0800 2200-0459 0800 0830 0800 0500-0659 0830 0800 0800

(b)

For flights operated by two or more pilots and conducted wholly under VFR, the allowable flight duty periods must be derived from the first column (column addressing 1-4 landings) in this case however there is no limit to the number of landings. (c) Where the number of landings exceeds an average of 4 per hour, a break of at least 30 minutes must be taken within any period of 3 consecutive hours.

TABLE 2- MAXIMUM UNINTERRUPTED FLIGHT TIME regulation 22 (2) The maximum uninterrupted flight time for a member of a crew shall be- Local Time of Start Maximum Uninterrupted Flight Time 0700- 1359 11 hours 1400- 1759 10 hours 1800-0459 9 hours 0500-0659 10 hours

TABLE 3-ALLOWABLE FLIGHT DUTY PERIODS - MULTI- PILOT regulation 23 (3) and (4)

The maximum allowable flight duty period may be extended during multipilot operations as provided in the following table: Number of landings as operating crew membe r Reporting time 1-2 3 4 5 >= 6 0700-1759 1300 1230 1200 1100 1030 1800-2159 1230 1200 1130 1030 1000 2200-0459 1200 1130 1100 0930 0900 0500-0659 1230 1200 1130 1030 1000

TABLE 4 - ACCEPTABLE SPLIT-DUTY EXTENSION regulation 22 (5) and 25 (1)

Consecutive hours break Increase in flight duty period

0- 2hours 59minutes NIL

3 - 6 hours 59 minutes 1/2 length of break

2/3 length of break or 1 1/2 length of break if at least 7 - 10 hours 59 minutes 8 hours of the break fall between 2000-0800 local time where the break occurs

TABLE 5 - ON-CALL DUTY LIMITATION

regulation 24 (10) and 29 (a)

Notification Time Maximum On-Call Duty Period 0 - 5 hours 59 minutes 12 Hours From 6 hours and more 18 Hours

TABLE 6 - THE ACCEPTABLE METHODS FOR REDUCING FLIGHT CREW REST PERIODS regulation 24 (4) and 38 (2)

Conditions required for flight crew member rest reduction. Flight Deck Duty Normal Rest Authorised Next Rest Period if Period Period Reduced Rest Reduction Taken (Hours) (Hours) Period (Hours) Less than 8 9 8 10 8-9 10 8 11 9 or more 11 9 12

TABLE 7-THE ACCEPTABLE METHODS FOR REDUCING CABIN CREW REST PERIODS regulation 38 (2) Conditions required for cabin crew member rest reduction Next Rest Scheduled Extra Cabin Authorised Period if Duty Period Crew Members Normal Rest Reduced Rest Reduction (Hours) Required Period (Hours) Period (Hours) Taken 14 or Less 0 9 8 10 14-16 1 12 10 14 16-18 2 12 10 14 18-20 3 12 10 14

TABLE 8: MAXIMUM DAILY FLIGHT DUTY PERIOD WITH EXTENSION regulation 38 (4) 1-2 sectors 3 sectors of 4 sectors of 5 sectors of Starting time of of a flight (in a flight (in a flight (in a flight (in flight duty period hours) hours) hours) hours)

0600-0614 not allowed not allowed not allowed not allowed 0615-0629 13:15 12:45 12:15 11:45 0630-0644 13:30 13:00 12:30 12:00 0645-0659 13:45 13:15 12:45 12:15 0700-1329 14:00 13:30 13:00 12:30

1330-1359 13:45 13:15 12:45 not allowed 1400-1429 13:30 13:00 12:30 not allowed 1430-1459 13:15 12:45 12:15 not allowed 1500-1529 13:00 12:30 12:00 not allowed 1530-1559 12:45 not allowed not allowed not allowed 1600-1629 12:30 not allowed not allowed not allowed 1630-1659 12:15 not allowed not allowed not allowed 1700-1729 12:00 not allowed not allowed not allowed 1730-1759 11:45 not allowed not allowed not allowed 1800-1829 11:30 not allowed not allowed not allowed 1830-1859 11:15 not allowed not allowed not allowed 1900-0359 not allowed not allowed not allowed not allowed 0400-0414 not allowed not allowed not allowed not allowed 0415-0429 not allowed not allowed not allowed not allowed 0430-0444 not allowed not allowed not allowed not allowed 0445-0459 not allowed not allowed not allowed not allowed 0500-0514 not allowed not allowed not allowed not allowed 1-2 sectors 3 sectors of 4 sectors of 5 sectors of Starting time of of a flight (in a flight (in a flight (in a flight (in flight duty period hours) hours) hours) hours) 0515-0529 not allowed not allowed not allowed not allowed 0530-0544 not allowed not allowed not allowed not allowed 0545-0559 not allowed not allowed not allowed not allowed

TABLE 9: MINIMUM IN-FLIGHT REST (IN HOURS) Regulation 24 (4) Maximum Minimum in-flight rest (in hours) extended flight duty period Class 1 Class 2 Class 3 up to 14:30 hrs 1:30 1:30 1:30 1432-1500 1:45 2:00 2:20 1501-1530 2:00 2:20 2:40 1531-1600 2:15 2:40 3:00 1601-1630 2:35 3:00 not allowed 1631-1700 3:00 3:25 not allowed 1701-1730 3:25 not allowed not allowed 1731-1800 3:50 not allowed not allowed

TABLE 10: MINIMUM REST PERIODS FOR CREW MEMBERS Regulation 38 (3) Length of immediately preceding duty Minimum length of sufficient period rest period Not exceeding 10 hours 11 hours Exceeding 10 but not exceeding 11 hours 12 hours Exceeding 11 but not exceeding 12 hours 13 hours Exceeding 12 but not exceeding 13 hours 14 hours Exceeding 13 but not exceeding 14 hours 15 hours Exceeding 14 but not exceeding 15 hours 16 hours Exceeding 15 but not exceeding 16 hours 17 hours Exceeding 16 but not exceeding 17 hours 19 hours Exceeding 17 but not exceeding 18 hours 21 hours Exceeding 18 but not exceeding 19 hours 23 hours Exceeding 19 but not exceeding 20 hours 25 hours Exceeding 20 but not exceeding 21 hours 27 hours Exceeding 21 but not exceeding 22 hours 29 hours Exceeding 22 but not exceeding 23 hours 31 hours Exceeding 23 hours 33 hours

TABLE 11 - MINIMUM REST PERIOD: DISTANCE NOT WITHIN 50 MILES OF PLACE OF RESIDENCE Regulation 38 (2) Length of immediately preceding duty Minimum length of sufficient period rest period Exceeding 10 but not exceeding 11 hours 10 hours Exceeding 11 but not exceeding 12 hours 12 hours Exceeding 12 but not exceeding 14 hours 13 hours Exceeding 14 but not exceeding 17 hours 15 hours Exceeding 17 but not exceeding 20 hours 16 hours Exceeding 20 but not exceeding 23 hours 17 hours Exceeding 23 hours 18 hours

SCHEDULE 2

FATIGUE RISK MANAGEMENT SYSTEM Regulation 47(8) and (9)

A FRMS established in accordance with Part VI of the Regulations, shall contain, at a minimum -

1. FRMS POLICY AND DOCUMENTATION

1.1 FRMS POLICY 1.1.1 An operator shall define its FRMS policy, with all elements of the FRMS clearly identified. 1.1.2 The policy shall require that the scope of FRMS operations be clearly defined in the operations manual and MANSOPs.

1.1.3 The policy shall- (a) reflect the shared responsibility of management, flight and cabin crews, maintenance personnel, air traffic controllers, flight dispatchers and other involved personnel; (b) clearly state the safety objectives of the FRMS; (c) be signed by the accountable executive of the organisation ; (d) be communicated, with visible endorsement, to all the relevant areas and levels of the organisation ; (e) declare management commitment to effective safety reporting; (f) declare management commitment to the provision of adequate resources for the FRMS;

(g)

declare management commitment to continuous improvement of the FRMS; (h) require that clear lines of accountability for management, flight and cabin crews, and all other involved personnel are identified; and (i) require periodic reviews to ensure it remains relevant and appropriate.

1.2 FRMS DOCUMENTATION An operator shall develop and keep current FRMS documentation that describes and records-

(a)

FRMS policy and objectives;

(b)

FRMS processes and procedures;

(c)

accountabilities, responsibilities and authorities for these processes and procedures;

(d)

mechanisms for ongoing involvement of management, flight and cabin crew members, and all other involved personnel;

(e)

FRMS training programmes, training requirements and attendance records;

(f)

scheduled and actual flight times, duty periods and rest periods with significant deviations and reasons for deviations noted; and

(g)

FRMS outputs including findings from collected data, recommendations, and actions taken.

2. FATIGUE RISK MANAGEMENT PROCESSES

2.1 IDENTIFICATION OF HAZARDS

An operator shall develop and maintain three fundamental and documented processes for fatigue hazard identification:

2.1.1 Predictive The predictive process shall identify fatigue hazards by examining crew scheduling and taking into account factors known to affect sleep and fatigue and their effects on performance. Methods of examination may include but are not limited to: (a) operator or industry operational experience and data collected on similar types of operations; (b) evidence-based scheduling practices; and (c) bio- mathematical models.

2.1.2 Proactive The proactive process shall identify fatigue hazards within current flight operations. Methods of examination may include but are not limited to: self-reporting of fatigue risks; (a) crew fatigue surveys; (b) relevant flight and cabin crew performance data; (c) available safety databases and scientific studies; and (e) analysis of planned versus actual time worked.

2.1.3 Reactive The reactive process shall identify the contribution of fatigue hazards to reports and events associated with potential negative safety consequences in order to determine how the impact of fatigue could have been minimized. At a minimum, the process may be triggered by any of the following:

(d)

fatigue reports;

(e)

confidential reports;

(f)

audit reports;

(g)

incidents; and

(h)

flight data analysis events.

2.2 Risk assessment

2.2.1 An operator shall develop and implement risk assessment procedures that determine the probability and potential severity of fatigue-related events and identify when the associated risks require mitigation.

2.2.2 The risk assessment procedures shall review identified hazards and link them to: (a) operational processes; (b) their probability; (c) possible consequences; and (d) the effectiveness of existing safety barriers and controls.

2.3 Risk mitigation An operator shall develop and implement risk mitigation procedures that: (a) select the appropriate mitigation strategies; (b) implement the mitigation strategies; and (c) monitor the strategies' implementation and effectiveness.

3. FRMS SAFETY ASSURANCE PROCESSES

The operator shall develop and maintain FRMS safety assurance processes to-

(a)

provide for continuous FRMS performance monitoring, analysis of trends, and measurement to validate the effectiveness of the fatigue safety risk controls. The sources of data may include, but are not limited to: (i) hazard reporting and investigations; (ii) audits and surveys; and

(iii)

reviews and fatigue studies;

(b)

provide a formal process for the management of change which shall include but is not limited to:

(i)

identification of changes in the operational environment that may affect FRMS;

(ii)

identification of changes within the organisation that may affect FRMS; and

(iii)

consideration of available tools which could be used to maintain or improve FRMS performance prior to implementing changes; and

(c)

provide for the continuous improvement of the FRMS. This shall include-

(i)

the elimination and/or modification of risk controls that have had unintended consequences or that are no longer

(ii)

needed due to changes in the operational or organisation al environment;

(iii)

routine evaluations of facilities, equipment, documentation and procedures; and

(iv)

the determination of the need to introduce new processes and procedures to mitigate emerging fatigue-related risks.

4. FRMS PROMOTION PROCESSES

FRMS promotion processes support the ongoing development of the FRMS, the continuous improvement of its overall performance, and attainment of optimum safety levels. The following shall be established and implemented by the operator as part of its FRMS- (a) training programmes to ensure competency commensurate with the roles and responsibilities of management, flight and cabin crew, and all other involved personnel under the planned FRMS; and (b) an effective FRMS communication plan that- (i) explains FRMS policies, procedures and responsibilities to all relevant stakeholders; and (ii) describes communication channels used to gather and disseminate FRMS related information.

SCHEDULE 3 Regulation 70 (6), (8), (9) and (10)

OFFENCES AND PENALTIES

REG. TITLE PART

4 Compliance with laws, regulations and procedures B 5 Knowledge or suspicion of crew fatigue A 6 Fitness for duty A 10 Record keeping A 11 Maximum number of flight time hours and duty aloft A 12 Exceeding flight time in unforeseen circumstances A 13 Duty periods B 14 Cumulative duty hours A 15 Flight time and duty period B 16 Post-Flight Duties A 17 Positioning A 18 Day Duties A 19 Night Duties A 20 Flight Duty Period Extensions - with or without in-flight rest A 21 Split-duty assignments A 22 Split-Duty A 23 Augmented flight crew assignments A 24 Mixed flying types of operation A 25 On-call duty A 26 Time zone difference A 27 Fatigue Management in Air Traffic Control Service B 28 Maximum working hours for air traffic controllers B 29 Minimum Rest Periods for Air Traffic Controllers A 30 Unscheduled duties for Air Traffic Controllers A 31 Variations to Air Traffic Controllers Scheduling Limits A 32 Fatigue Risk Management System B 33 Rest period B 34 Duty and rest periods for flight Operations officers A

35 Minimum rest period each seven or ten consecutive day period B 36 Records of flight time and duty period B 37 Duties of operators to Prevent excessive fatigue of crew members B 38 Minimum rest period for flight and cabin crew B Approval of fatigue risk management system (Fatigue Risk Man- 39 B agement System (FRMS) FATIGUE RISK MANAGEMENT SYSTEM (FRMS) imple- 40 B mentation Integration of FATIGUE RISK MANAGEMENT SYSTEM 41 A (FRMS) and SMS 42 FATIGUE RISK MANAGEMENT SYSTEM (FRMS) Manual A 43 Identification of Hazards A 44 Risk Assessment A 45 Risk Mitigation A

46 FRM Safety Assurance Processes A 47 FRM Promotion Process A 55 Reports of violation A

Cross References

Criminal Procedure Code Act, Cap. 116

Civil Aviation (Safety Management) Regulations, 2022 S.I. No. 91 of 2022.

GEN. EDWARD KATUMBA-WAMALA (MP) Minister of Works and Transport

STATUTORY INSTRUMENTS SUPPLEMENT No. 34 12th August, 2022

STATUTORY INSTRUMENTS SUPPLEMENT to The Uganda Gazette No. 50, Volume CXV, dated 12th June, 2022 Printed by UPPC, Entebbe, by Order of the Government.

S T A T U T O R Y I N S T R U M E N T S

2022 No. 79.

THE CIVIL AVIATION (APPROVED TRAINING ORGANISATIONS) REGULATIONS, 2022

ARRANGEMENT OF REGULATIONS

Regulation

Part IV

26. Training courses for licences and ratings

for aircraft maintenance engineers, air traffic controllers, flight operations officers and cabin crew members

27. Key management personnel required for ATO

The text of this section isn't in the consolidation we hold — see the original PDF above.

28. ATO instructional personnel

The text of this section isn't in the consolidation we hold — see the original PDF above.

29. Training programme and approval

The text of this section isn't in the consolidation we hold — see the original PDF above.

30. General requirements for training equipment

The text of this section isn't in the consolidation we hold — see the original PDF above.

31. Specific training facilities, equipment and material

for aircraft maintenance engineer courses

32. Specific training facilities, equipment and material

for air traffic controllers or flight radiotelephony operator

Regulation

33. Specific training facilities, equipment and material

for flight operations officers

34. Specific training facilities, equipment and material

for cabin crew members

Part V

35. Authorisation to conduct aviation complementary courses

The text of this section isn't in the consolidation we hold — see the original PDF above.

Part II

4. General requirements for ATO certification
(1)

A person, other than- (a) an air operator certificate or approved maintenance organisation certificate holder conducting training of his or her own personnel under the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022 and the Civil Aviation (Approved Maintenance Organisations) Regulations, 2022 respectively; and (b) an operator with an approved training programme in its operations manual under the Civil Aviation (Operation of Aircraft-Commercial Air Transport Aeroplanes) Regulations, 2022, Civil Aviation (Operation of Aircraft) (General Aviation) (Aeroplanes) Regulations, 2022 and Civil Aviation (Operation of Aircraft) (Commercial Air Transport and General Aviation) (Helicopters) Regulations, 2022 shall not- (i) operate a training organisation without, an Approved Training Organisation certificate and training specifications issued under these Regulations; or (ii) operate an Approved Training Organisation without or in violation of, an approved Training Organisation certificate and training specifications issued under these Regulations.

(2)

The authority shall approve ATO that provides the following- (a) any training activity that leads to the issuance of a licence, rating, authorisation or approval; (b) provision of training services necessary for an operator to meet the requirements of the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022; and the Civil Aviation (Approved Maintenance Organisations) Regulations, 2022; (c) special curricula training designated to meet- (i) qualifications-based training requirements, including those deemed acceptable through the approval of an alternative compliance mechanism; (ii) competency based training and assessment requirements; and (iii) training requirements deemed acceptable through approval of an alternative compliance mechanism.

(3)

The approval of an Approved Training Organisation by the authority shall be dependent upon the applicant demonstrating compliance with the requirements of these Regulations and relevant provisions of the Civil Aviation (Safety Management) Regulations, 2022.

(4)

A training organisation that is exposed to safety risks related to aircraft operations during the provision of its services shall establish a safety management system.

(5)

A person shall not conduct training, testing or checking in synthetic flight trainers without, or in violation of, an ATO certificate and training specifications required under these Regulations. (6) The authority shall issue to a training organisation that meets the requirements of these Regulations an ATO certificate and training specifications for providing courses for flight crew licences and ratings and for courses for personnel other than flight crew members, as approved by the authority. (7) A holder of an ATO certificate shall, at all times, display the certificate in a place within the training organisation that is normally accessible to the public and that is not obscured. (8) An applicant shall be eligible for grant of an ATO certificate upon successful completion of the five phase certification process as specified by the authority.

5. Application for certificate to operate as Approved Training

Organisation (1) A person who applies for an ATO certificate and training specifications shall submit the application to the authority in not less than ninety days before the beginning of any proposed training.

(2)

The application for issue of an ATO certificate shall be submitted to the authority together with the following documents for evaluation and approval- (a) a statement showing that the minimum qualification requirements for each management position are met in accordance with the provisions of Schedule 3 to these Regulations; (b) a description of the minimum qualifications and ratings for each instructor; (c) the proposed training specifications requested by the applicant; (d) a description of the training equipment that the applicant proposes to use, such as the aircraft, the synthetic flight trainers including any special equipment used for each phase of training; (e) a listing of the aerodromes or sites at which training flights originate, where applicable, and a description of the applicant's training facilities, equipment and qualifications of personnel to be used; (f) a training and procedures manual; (g) a description of quality control measures proposed; (h) a description of the safety management system proposed where applicable; and (i) a statement of compliance showing how the applicant meets all applicable requirements in these Regulations and other civil aviation regulations.

(3)

The applicant for an ATO certificate shall ensure that the facilities and equipment described in the application are- (a) available for inspection and evaluation prior to approval; and (b) in place and operational at the location of the training organisation prior to the issue of a certificate under these Regulations. (4) The applicant shall, prior to being issued an ATO certificate and training specifications, demonstrate to the authority the appropriateness of the facilities and equipment to be used in the training program sought.

(5)

The authority shall after inspection, issue to an applicant who meets the requirements of these Regulations- (a) an ATO certificate containing- (i) the name and location of the ATO; (ii) the date of issue and period of validity of the certificate; (iii) the authorised locations of operations; and (iv) the training courses, as applicable;

(b)

training specifications containing - (i) the type of training authorised; (ii) the rating, category, class and type of aircraft or parts of the aircraft, that shall be used for training, testing and checking; (iii) for each synthetic flight trainer that may be used for training, testing and checking, the make, model and series of aircraft being simulated, its qualification level and the identification number assigned by the authority;

(iv)

for any other simulator trainer that may be used for training, testing and checking, its qualification level and the identification number assigned by the authority; (v) any aircraft, or part of the aircraft, approved for training, as appropriate; and (vi) any other item the authority may require or allow.

(6)

A training organisation located outside Uganda which meets the requirements of these Regulations may apply to the authority to provide training that may qualify the person trained to be issued with a licence by the authority.

6. Inspection of Approved Training Organisation
(1)

The authority may, at any time, inspect an ATO certificate holder's or applicant's facilities, records, personnel and equipment, to determine the ATO's ongoing compliance with these Regulations.

(2)

The authority shall conduct inspections at least once a year. (3) After the inspection specified in subregulation (1) and (2), an ATO certificate holder shall be notified, in writing, of any deficiencies found during the inspection.

(4)

An inspection carried out under this regulation shall be for purposes of determining the-

(a)

adequacy and the qualifications of the staff of the training organisation;

(b)

validity of the instructors' licences, ratings and logbooks;

(c)

propriety training aircraft, associated documents and maintenance records; (d) level of qualification of the synthetic flight trainers is maintained;

(e)

adequacy of facilities including library, class rooms, training equipment to the courses being conducted and the number of students; (f) adequacy and propriety of documents related to the courses, updating system, training and operations manuals and assessment forms;

(g)

manner of flight instruction including pre-flight briefing and actual flight debriefing for the Approved Training Organisation for flight crew training; (h) manner of management and control of examinations; (i) instruction program for personnel other than the flight crew; and (j) quality assurance system.

7. Validity of certificate

An ATO certificate shall be valid for twelve 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 terminates the certificate; or

(c)

the ATO surrenders the certificate to the authority.

8. Renewal of ATO certificate
(1)

The holder of an ATO certificate may apply to the authority for renewal of the certificate at least sixty days before the expiry date in order to ensure continuity of the training, provided the ATO meets the requirements of these Regulations.

(2)

The authority shall inspect an ATO that applies for renewal to ensure that the ATO meets the requirements of these Regulations.

(3)

An applicant for the renewal of an ATO certificate who fails to comply with subregulation (1) shall apply for an ATO certificate application under regulation 5.

9. Application for amendment of ATO certificate and training

specifications (1) An applicant who requires an amendment of an ATO certificate and training specifications, shall apply to the authority at least forty-five days before the beginning of any proposed training which was not approved before.

(2)

The authority may amend an ATO certificate or the training specifications- (a) on the initiative of the authority; or; (b) upon application by the certificate holder.

(3)

An application for amendment of ATO certificate or training specifications shall contain the following information- (a) statement showing that in accordance with the provisions of Schedule 2 to these Regulations- (i) each approved management position meets the minimum qualification requirements in relation to the amendment being sought; or (ii) the ATO has proposed action to ensure that the minimum qualification requirements are met; (b) a description of the minimum qualifications and ratings for each instructor; (c) the proposed amendments to the training specifications requested by the applicant; (d) a description of the training equipment and where applicable facilities appropriate for the delivery of training for the new courses including a listing of the aerodromes or sites at which training flights originate;

(e)

qualifications of personnel to be used under the proposed amendment; (f) revised ATO documents including training program, manuals, curricula, course outlines, courseware and procedures to support the items required in regulations 21, 26 and 28; (g) where applicable a description of any additional quality control measures proposed; (h) where applicable a method of demonstration of the applicant's qualification and ability to provide training for a licence or rating in fewer than the minimum hours prescribed in the Civil Aviation (Personnel Licencing) Regulations, 2022 where the applicant proposes to do so; and (i) an updated statement of compliance showing how the applicant has met all applicable requirements in these Regulations and other regulations made under the Act in relation to the amendment.

10. Evaluation and checking

Where the authority has authorised a holder of an ATO certificate to conduct the testing required for the issue of a licence or rating, the testing shall be conducted by personnel authorised by the authority

11. Responsibilities of ATO Certificate holder A

holder of an ATO certificate shall (a) ensure that the facilities and working environment of the ATO are appropriate for the tasks to be performed;

(b)

ensure that it has the necessary technical data, equipment, training devices and material to conduct the courses for which it is approved;

(c)

not make a substantial change in facilities, equipment or material that have been approved for a particular training program, unless that change is approved by the authority in advance;

(d)

maintain the records required by these Regulations in facilities adequate for that purpose; and

(e)

describe the method used for the completion and retention of the training records.

12. ATO Quality system
(1)

An applicant for or holder of an ATO certificate shall establish and maintain a quality system approved by the authority which includes-

(a)

an independent audit procedure to monitor training standards;

(b)

the integrity of knowledge examinations and practical assessments; and

(c)

compliance with and adequacy of procedures.

(2)

The management of the quality system must include feedback of the independent audit findings to the ATO senior management personnel and ultimately to the Accountable Manager to ensure corrective action as appropriate.

(3)

The quality system shall meet the requirements prescribed in Schedule 2 to these Regulations.

13. Location of principal business office An applicant for, or the holder of an ATO certificate shall establish and maintain a principal business office that is physically located at the address shown

on the certificate

14. Satellite ATO
(1)

A holder of an ATO certificate may conduct training in accordance with a training program approved by the authority at a satellite ATO where-

(a)

the facilities, equipment, personnel and course content of the satellite ATO meet the applicable approval requirements of these Regulations; (b) the instructors at the satellite ATO are under the direct supervision of management personnel of the principal ATO; and (c) the training specifications of the holder of an ATO certificate reflect the name and address of the satellite ATO and the approved training courses offered at the satellite ATO.

(2)

The authority shall issue training specifications which specify the operations required and authorised at each satellite ATO.

(3)

An ATO may, subject to the approval of the authority, subcontract certain activities to any other organisations.

(4)

The ultimate responsibility for the training provided by the satellite ATO remains with the principal ATO.

(5)

The principal ATO and the satellite ATO shall execute a written agreement defining the safety and quality related to the services to be provided. (6) The satellite ATO's safety related activities relevant to the agreement under subregulation (5) shall be included in the safety and quality assurance programme of the ATO.

15. Changes requiring notice to the authority
(1)

A holder of an ATO shall notify the authority within thirty days of any of the following changes-

(a)

the Accountable Executive; (b) the Head of Quality; (c) the Head of Safety; (d) the instructional personnel; and (e) the housing, training facilities and equipment, procedures, training programs and work scope that could affect the approval. (2) The authority may prescribe the conditions under which the ATO shall operate during the period in which changes specified in subregulation (1) occur unless the authority determines that the approval be suspended.

16. Training Manual and Procedures Manual
(1)

An applicant for an ATO certificate shall prepare a Training Manual and Procedures Manual and shall submit it to the authority for approval. (2) A holder of an ATO certificate shall maintain a Training Manual and Procedures Manual approved by the authority for the use and guidance of the personnel concerned.

(3)

The Training Manual and Procedures Manual referred to in subregulation (1) and (2) may be issued in separate parts or combined and shall contain information and instructions to enable personnel to perform their duties and to give guidance to students on how to comply with course requirements, as listed in the Training and Procedures Manual set out in Schedule 3 to these Regulations. (4) The holder of an ATO certificate shall ensure that the Training Manual and Procedures Manual is amended as necessary to keep the information in the Manual up-to-date.

(5)

The copies of all amendments to the Training Manual and Procedures Manual shall be furnished promptly to all organisations or persons to whom the manual has been issued after being approved by the authority.

17. Safety management system An applicant for, or a holder of an approved training organisation certificate who is exposed to safety risks related to aircraft operations during the provision of their services shall establish and implement a

safety management system in accordance with the Civil Aviation (Safety Management) Regulations,

Part III

18. Flight crew training courses

The authority may approve an applicant for, or a holder of an ATO certificate to conduct any of the following flight crew courses of instruction as provided in the training specifications provided the applicant meets the requirements of these Regulations and the Civil Aviation (Personnel Licensing) Regulations, (a) private pilot licence course; (b) commercial pilot licence course; (c) instrument rating course; (d) remote pilot licence course; (f) remote pilot instructor course; (g) instructor course for UAS flight simulation; (h) airline transport pilot licence course; (i) multi-crew pilot licence course; (j) flight engineer licence course; (k) flight navigator licence course; (l) flight instructor course; (m) instructor course for additional type or class ratings; (n) ground instructor course; and (o) instructor course for synthetic flight training.

19. Key management personnel required for ATO
(1)

An ATO certificate holder or applicant shall demonstrate to the authority that an adequate number of qualified, competent staff are employed as follows- (a) an Accountable Executive; (b) Head of Quality; (c) Head of Training; (d) Head of Safety; (e) a Chief Flight Instructor, as applicable; and (f) a Chief Ground Instructor as applicable.

(2)

The responsibilities and qualifications of the management personnel employed in an ATO shall be as specified in Schedule 2 to these Regulations.

(3)

The authority may approve key management positions, other than those listed in subregulation (1), where the ATO demonstrates that it can conduct the training effectively under the direction of fewer or different categories of key management personnel due to the- (a) kind of training conducted; (b) number of students; and (c) locations of training.

(4)

An ATO shall describe the duties and qualification of the key management personnel referred to in subregulation (1) designated as responsible for planning, performing and supervising the training as specified in Schedule 2 to these Regulations.

(5)

The competence of training personnel shall be in accordance with procedures prescribed by the authority in Schedule 2 to these Regulations. (6) A person serving in a required key management position in an ATO shall not serve in a key management position in any other ATO unless exempted by the authority.

20. ATO instructional personnel
(1)

An applicant for or a holder of an ATO certificate shall have an adequate number of ground and flight instructors and any other instructors relevant to the courses provided as specified in Schedule 4 to these Regulations.

(2)

An instructor for flight training shall hold an instructor rating or authorisation in accordance with the Civil Aviation (Personnel Licensing) Regulations, 2022.

(3)

All instructional personnel shall receive initial and continuation training appropriate to their assigned tasks and responsibilities.

(4)

The training program for instructional personnel established by the ATO shall include training in knowledge and skills related to human performance.

(5)

The ATO shall provide a description of key personnel indicating how the ATO ensures that they have good interpersonal and communication skills, integrity, impartiality in carrying out tasks, tactful, good understanding of human nature and possess the ability to get along with other people.

21. Training program and approval
(1)

The holder of an ATO certificate shall submit a proposed training program to the authority for approval.

(2)

The holder of an ATO certificate shall have in place a proposed training program for each type of course intended to be offered and which shall include- (a) a breakdown of flying and theoretical knowledge instruction in either a week-by-week or phased presentation; (b) a list of standard exercises and a curriculum summary, in particular synthetic flight training and theoretical knowledge instructions, phased in such a manner that students apply to flying exercises the knowledge gained on the ground; (c) minimum aircraft and flight training equipment requirements for each proposed program; (d) minimum instructor qualifications for each proposed program; and (e) a program for initial training and recurrent training of each instructor employed to instruct in a proposed program.

(3)

The proposed training shall provide a level of competency at least equal to that provided by the minimum experience requirements for personnel not receiving such training.

(4)

The content and sequence of the proposed training program shall be approved by the authority. (5) Where the authority approves the proposed training program, the approved training program shall be conducted within an approved training organisation facility.

22. Aircraft for training purposes
(1)

A holder of an ATO certificate shall provide an adequate fleet of training aircraft in accordance with the approval of the authority.

(2)

A training aircraft provided under subregulation (1), shall be fitted with dual primary flight controls for use by the instructor and the student, and shall not have swing-over flight controls.

(3)

The training aircraft fleet provided in subregulation (1) shall be- (a) an aeroplane suitable for demonstrating stalls and spin avoidance;

(b)

a helicopter suitable for auto-rotation demonstration; or

(c)

unmanned aircraft equipped with means to ensure interaction between the Unmanned Aircraft (UA) and the UAS in accordance with the Civil Aviation (Unmanned Aircraft Systems) Regulations, 2022.

(4)

Notwithstanding the requirements of subregulation (3), the aircraft shall be equipped to simulate instrument meteorological conditions, instrument flight training and testing.

23. Flight simulator training device
(1)

An approved training organisation providing synthetic flight training shall- (a) satisfy the authority that equipped flight trainers are provided having regard to the number of students and organisation of courses; and (b) show that each FSTD used for training, testing and checking is qualified and approved by the authority for- (i) each manoeuvre and procedure for the make, model and series of aircraft, set of aircraft or aircraft type simulated, as applicable; and (ii) each training program or training course used to satisfy any requirements of these Regulations.

(2)

Each qualified and approved FSTD used by an ATO shall-

(a)

be maintained to ensure the reliability of the performances, functions, and all other characteristics that were required for its qualification;

(b)

be modified to conform with any modification to the aircraft or UAS being simulated if the modification results in changes to performance, function, or other characteristics required for qualification;

(c)

be given a functional pre-flight check each day before being used; and (d) have a discrepancy log in which the instructor or evaluator, at the end of each training session, enters each discrepancy.

24. Aerodrome and sites
(1)

An applicant or a holder of an ATO certificate for flight training shall demonstrate continuous use of each airport and sites for helicopters or remotely piloted aircraft, whichever is applicable, at which training flights originate and that the airport has an adequate runway and other necessary equipment.

(2)

The base aerodrome, and any alternative base aerodrome at which flight crew training is being conducted shall have at least one runway or take-off area that allows training aircraft to make a normal take-off or landing at the maximum certificated take-off mass or maximum certificated landing mass under the following conditions- (a) under calm wind of not more than 5 knots conditions; (b) at temperatures in the operating area equal to the mean high temperature for the hottest month of the year; (c) if applicable, with the power plant operation and landing gear and flap operation recommended by the manufacturer; and (d) in the case of a take-off- (i) clearing all obstacles in the take-off flight path by at least 15 m (50 ft); and (ii) with a smooth transition from lift-off to the best rate of climb speed without exceptional piloting skills or techniques.

(3)

Each aerodrome shall- (a) have wind direction indicator that is visible at ground level from the ends of each runway;

(b)

have adequate runway electrical lighting if used for night training; (c) have a traffic direction indicator when- (i) the airport does not have an operating control tower; and (ii) the traffic and wind advisories are not available.

(4)

Except as specified in subsection (5), each aerodrome used for night training flights shall have permanent runway lights.

(5)

An aerodrome or seaplane base used for night training flights in seaplanes may be approved by the authority to use adequate, non-permanent lighting or shoreline lighting.

(6)

Sites shall be available for- (a) confined area operation training; (b) simulated engine off autorotation; and (c) sloping ground operation.

25. Facilities and equipment for flight crew training
(1)

An applicant for, or a holder of an ATO certificate shall, have facilities appropriate for the maximum number of students expected to be trained at any time.

(2)

The minimum facilities shall be- (a) for flight training-

(i)

an operation room;

(ii)

a flight planning room;

(iii)

adequate briefing rooms;

(iv)

an office for the instructors;

(b)

for knowledge instructions- (i) classroom accommodation; (ii) suitable demonstration equipment; (iii) a radio telephony training and testing facility; (iv) a library; and (v) an office for instructors.

(3)

Subject to subregulation (2), a base site at which remote pilot flight training is to be conducted shall have sufficiently wideopen space which is in full compliance with the aerodrome provisions of the Civil Aviation (Unmanned Aircraft Systems) Regulations, 2022 and the following facilities- (a) a clear and level location for remotely piloted aircraft for take-off and landing; (b) free from fine dust and dirt to avoid the remotely piloted aircraft from getting its motors, camera lenses and sensors contaminated; (c) obstacle free environment; and (d) adequate electrical lighting where night training is required.

(4)

A holder of an ATO certificate shall not make a substantial change in facilities, equipment or material that have been approved for a particular training program unless that change is approved by the authority in advance.

(5)

The ATO's facilities and equipment shall- (a) not be shared with or used by another ATO unless authorised by the authority; and (b) be adequate to maintain the files and records required to operate business of the ATO.

Part IV

26. Training courses for licences and ratings for aircraft

maintenance engineers, air traffic controllers, flight operations officers and cabin crew members The authority shall approve the following courses of instruction to an applicant or a holder of an ATO certificate, provided the applicant meets the requirements of these Regulations and the Civil Aviation (Personnel Licensing) Regulations, 2022- (a) aircraft maintenance engineer's courses; (b) air traffic controller's courses; (c) flight operation officer or dispatcher course; (d) flight radiotelephony operator course; and (e) cabin crew member course.

27. Key management personnel required for ATO
(1)

An applicant or a holder of an ATO certificate shall satisfy the authority that an adequate number of qualified, competent personnel are employed in key management positions as- (a) an Accountable Executive; (b) a Head of Quality; (c) Head of Training; (d) Head of Safety, where applicable, in accordance with the Civil Aviation (Safety Management) Regulations, 2022; and (e) a Chief Instructor, where applicable.

(2)

The ATO shall provide a description of key personnel indicating how the ATO ensures that they have good interpersonal and communication skills, integrity, impartiality in carrying out tasks, tactful, good understanding of human nature and possess the ability to get along with other people.

(3)

The personnel specified in this regulation shall submit his or her credentials to the authority and shall show that he or she has relevant qualifications and satisfactory experience related to approved training, as appropriate, in accordance with Schedule 4 to these Regulations.

(4)

The authority may approve positions, other than positions listed in subregulation (1), where the ATO demonstrates that it can conduct the training effectively with the high training standard under the direction of fewer or different categories of management key personnel due to the- (a) kind of training conducted; (b) number of students; and (c) locations of training.

28. ATO instructional personnel
(1)

An applicant for, or a holder of an ATO certificate shall have an adequate number of instructors relevant to the courses provided as specified in the Schedule 4 to these Regulations.

(2)

All instructional personnel shall receive initial and continuation training appropriate to their assigned tasks and responsibilities.

(3)

The training program for instructional personnel established by the ATO shall include training in knowledge and skills related to human performance.

29. Training program and approval
(1)

An applicant for, an ATO certificate, shall submit a training program and any subsequent amendments to it to the authority for approval.

(2)

The training program referred to in subregulation (1) shall- (a) contain details as specified in Schedule 3 to these Regulations; and (b) address the applicable requirements in the Civil Aviation (Personnel Licensing) Regulations, 2022.

(3)

Where the authority finds that the training programme does not meet the applicable requirements, it shall require the holder to revise the training program.

30. General requirements for training equipment
(1)

An applicant for, or a holder of an ATO certificate shall not use any simulator training device or other equipment to perform any training task unless such simulator is approved by the authority for the training task or tasks conducted or to be conducted by an ATO.

(2)

The authority shall, in approving the simulator referred to in subregulation (1), take into consideration the following- (a) the training tasks proposed to be conducted utilising the device; (b) the related credits sought; and (c) the capability of the device to achieve the desired training.

(3)

Each device or equipment that is intended for training, testing or checking trainees in an approved training programme and for which credit is being sought shall be made available for inspection to the authority for determination of its suitability, prior to initial use. (4) A holder of an ATO certificate shall not make any change in training equipment that have been approved for a particular training program, unless that change is approved in advance by the authority.

(5)

In addition to the requirements of subregulation (1) and (3), the ATO shall at least demonstrate to the authority the following- (a) a routine maintenance programme to ensure that the training devices or equipment continue to function properly and, where applicable, continue to accurately replicate any environment, component, system or equipment for which training, checking or testing credits are being sought; and (b) a record-keeping process for each training device to be established and maintained, which accurately records the device's use and lists any discrepancies with respect to its functionality or intended performance characteristics that may impact training.

(6)

The applicant shall ensure that the instructional tools and devices or equipment, referred to in this regulation are in satisfactory working condition for instructional and practice purposes.

31. Specific training facilities, equipment and material for

aircraft maintenance engineer courses (1) An applicant for, or a holder of an approved training organisation certificate who intends to conduct or conducts aircraft maintenance engineer courses shall have suitable facilities, equipment and material appropriate for the maximum number of students expected to be taught at any time as follows- (a) an enclosed adequately equipped classroom; (b) a well-equipped library; (c) suitable facility arranged to ensure proper separation from the working space, parts tools, materials and similar articles; (d) a suitable area for application of finishing materials including paint spraying; (e) a suitable area equipped with wash tank and de-greasing equipment with air pressure or other adequate cleaning equipment;

(f)

suitable facility for running engines; (g) suitable area with adequate equipment including benches, tables and test equipment, to dis-assemble, service and inspect- (i) ignition systems, electrical equipment and appliances; and (ii) carburettors and fuel systems and hydraulic and vacuum systems for aircraft engines and their appliances; (h) suitable space with adequate equipment, including tables, benches, stands and jacks for and rigging aircraft and UAS; (i) suitable space with adequate equipment for dis-assembling, inspecting, assembling, trouble shooting and timing engines; (j) adequate office facilities; and (k) secure storage facilities for examination materials and training records.

(2)

An applicant for, or holder of an ATO certificate for maintenance engineer courses shall have and maintain the adequate instructional equipment as is appropriate to the rating sought as follows- (a) various types of aeronautical products (including propellers) of a quantity and type suitable to complete the practical projects required by the approved training programme; (b) at least one aircraft of a type acceptable to the authority; and (c) aeronautical products to be used for instruction and from which students will gain practical working experience, sufficiently diversified as to show the different methods of construction, assembly, inspection, and operation when installed in an aircraft for use.

(3)

A holder of an ATO certificate shall not make any change in facilities, equipment or material that have been approved for a particular training program, unless that change is approved by the authority in advance.

(4)

An applicant for, or holder of, an ATO certificate to conduct aircraft maintenance engineer courses shall ensure that the tools, equipment, materials, and instructional equipment required by paragraph (1) and (2) be in satisfactory working condition for instructional and practice purposes.

(5)

Competency based approved training for aircraft maintenance engineers' licence shall be conducted within an Approved Training Organisation.

32. Specific training facilities, equipment and material for air

traffic controllers or flight radiotelephony operator (1) An applicant for, or holder of, an approved training organisation certificate to train air traffic controllers or flight radiotelephony operators shall have facilities, equipment and material appropriate for the maximum number of students expected to be taught at any time and the ratings sought, as follows-

(a)

an enclosed adequately equipped classroom;

(b)

well-equipped library;

(c)

well-designed simulators appropriate for the rating sought;

(d)

adequate office accommodation for instructors;

(e)

control desk or console where applicable;

(f)

training for rating being sought; and

(g)

secure storage facilities for training materials, examination materials and training records.

(2)

An applicant for, or a holder of, an ATO certificate for air traffic control or flight radiotelephony operator courses shall maintain instructional equipment as is appropriate to the rating sought.

(3)

A holder of an ATO certificate to train air traffic controllers or flight radiotelephony operators shall not make any change in facilities, equipment or materials that have been approved for a particular training unless that change is approved in advance by the authority.

(4)

An applicant for, or holder of an ATO certificate to train air traffic controllers or flight radiotelephony operators shall ensure that the equipment and materials required by subregulation (1) and (2) are in satisfactory working condition for instructional and practice purposes.

33. Specific training facilities, equipment and material

for flight operations officers (1) An applicant for, or holder of an approved training organisation certificate to train flight operations officers shall have facilities, appropriate for the maximum number of students expected to be taught at any time, as follows- (a) adequate enclosed classroom; (b) flight operations facilities, including- (i) an operations room; (ii) a flight planning room; (iii) an office for the instructors; (c) suitable radio telephony training and testing facility; (d) a library; and (e) secure storage facilities for training materials, examination materials and training records.

(2)

An applicant for, or a holder of an ATO certificate for flight operations officers course shall have and maintain instructional equipment appropriate for the training sought.

(3)

A holder of an ATO certificate shall not make a substantial change in facilities, equipment or material that have been approved for a particular training program, unless that change is approved by the authority in advance.

(4)

An applicant for, or holder of, an ATO certificate to train flight operations officers shall ensure that the equipment and materials, required by subregulations (1) and (2) are in satisfactory working condition for instructional and practice purposes.

34. Specific training facilities, equipment and materials for

cabin crew members (1) An applicant for, or holder of an approved training organisation certificate for cabin crew member training shall have facilities, equipment and materials appropriate for the maximum number of students expected to be taught at any time, as follows- (a) classroom facilities dependent on- (i) number of trainees in a class; (ii) trainee and instructor work station size; (iii) class configuration; (iv) size of aisles; (v) use of media (in particular projected media); and (vi) hands-on exercises (if applicable); (b) the trainee work stations; (c) the area required for hands-on exercises; (d) the instructor work stations;

(e)

the storage area or location for additional training; and (f) well-equipped library.

(2)

The applicant shall have and maintain training equipment appropriate to the level of cabin crew training being sought that include- (a) safety and emergency equipment; (b) cabin training devices or equipment; (c) emergency exit trainers; (d) training devices used for fire fighting; and (e) training devices used for water survival.

Part V

35. Authorisation to conduct aviation complementary courses
(1)

An ATO certificate holder may not conduct training in any of the following aviation complementary courses without prior authorisation from the authority- (a) aviation security course; (b) aircraft ground handling; (c) aircraft accident investigation; (d) crew resource management; (e) safety management systems; (f) dangerous goods; (g) teaching and instructional techniques course; (h) quality management; (i) extended diversion time operation or EDTO;

(j)

refresher courses;

(k)

category II and III Ops;

(l)

loss of control in flight;

(m)

upset prevention and recovery;

(n)

class rating course;

(o)

type rating course; and

(p)

human factors.

(2)

An ATO certificate holder who wishes to conduct any aviation complimentary course shall apply to the authority in a form and manner specified.

(3)

An ATO certificate holder who seeks an authorisation to conduct any aviation complimentary course shall apply in writing to the authority.

(4)

The complimentary course referred to in subregulation (3), shall follow the following criteria-

(a)

a curriculum for the course sought;

(b)

a training program that meets industry best practices;

(c)

qualified and competent instructors appropriate to the course being sought; and

(d)

adequate facilities and equipment appropriate to the course requirement.

(5)

The authority may authorise an ATO which meets the requirements in subregulation (4) to conduct the applicable aviation complimentary courses.

Part VI

36. Advertising
(1)

A training organisation shall not advertise as an ATO certificated under these Regulations unless the authority has issued an ATO certificate and training specifications to that training organisation.

(2)

A training organisation shall not make any statement relating to its ATO certification and training specifications that is false or designed to mislead any person contemplating enrolment in that ATO.

(3)

Whenever the advertising of an ATO indicates that it is certified under these Regulations, the advertisement shall clearly state the ATO certificate number.

(4)

An ATO whose certificate has been surrendered, suspended, revoked, or terminated shall promptly-

(a)

remove all indications, including signs, wherever located, that the ATO was certified by the authority; and

(b)

notify all advertising agents, and advertising media employed by the ATO to cease all advertising indicating that the ATO is certified by the authority.

37. Application for exemption
(1)

A person may apply to the authority for exemption from any of the provisions of these Regulations.

(2)

A request for exemption shall be made in accordance with the requirements of these Regulations and an application for such exemption shall be submitted and processed.

(3)

A request for an exemption must contain the following details of the applicant-

(a)

name; (b) physical address and mailing address; (c) telephone number; (d) fax number where available; and (e) email address where available.

(4)

The application shall be accompanied by the fee prescribed by the authority in the applicable aeronautical information circulars for technical evaluation.

38. Exemption
(1)

The authority may, upon consideration of the circumstances of a particular ATO, issue an exemption providing relief from specified provisions of these Regulations provided that- (a) the authority finds that the circumstances presented warrant the exemption; and (b) a level of safety shall be maintained equal to that provided by the Regulations from which the exemption is sought.

(2)

The exemption referred to in subregulation (1) may be terminated or amended at any time by the authority.

(3)

A person or ATO who receives an exemption shall have a means of notifying their management and appropriate personnel performing functions subject to the exemption.

39. Possession of ATO certificate, approval, exemption or

authorisation A holder of an ATO certificate, approval, exemption or authorisation issued by the authority shall have that licence, certificate, approval, exemption or authorisation in his or her possession or at the work site when exercising the privileges of the certificate, approval, exemption or authorisation.

40. Drug and alcohol testing and reporting
(1)

A person who performs any functions for an ATO requiring the approval of the authority may be tested for drug or alcohol usage and the alcohol content in blood should not exceed 0.02 gms per litre of blood, whereas alcohol content in breath should not exceed 90 micrograms of alcohol per litre of breath.

(2)

Where the authority or any person authorised by the authority wishes to test a person referred to in subregulation (1) for the percentage by weight of alcohol in the blood or for the presence of narcotic drugs, marijuana, or depressant or stimulant drugs or substances in the body, and that person- (a) refuses to submit to the test; or (b) having submitted to the test, refuses to authorise the release of the test results; the authority may suspend or revoke the certificate of the approved training organisation that employs that person.

(3)

In determining whether to suspend or revoke the certificate of the ATO, the authority shall consider all relevant factors, including- (a) whether the ATO had knowledge of the drug or alcohol use; (b) whether the ATO encouraged the person to refuse the drug or alcohol test; (c) whether the ATO dismissed the person who failed or refused the drug tests; or (d) the position that person held in the ATO.

(4)

Subject to subregulation (2), the authority shall require the ATO to show cause why that person should not be dismissed from employment of the ATO.

(5)

A person who is convicted under the relevant law in force, whether in or outside Uganda, for any offence relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances, shall be dismissed from employment of the ATO.

(6)

The authority may suspend or revoke the certificate or approval of an ATO that refuses to dismiss, from its employment, a person convicted under subregulation (5).

41. Inspection of ATO certificates, approvals, exemptions and

authorisations A person who holds an ATO certificate, approval, exemption or authorisation required by these Regulations shall present it for inspection upon request from the authority or any other person authorised by the authority.

42. Change of name
(1)

A holder of an ATO certificate may apply for change of the name on the certificate.

(2)

The holder shall include with the application made under subregulation (1)- (a) the current certificate; and (b) a court order, or other legal document verifying the name change.

(3)

The authority may change the certificate and issue a replacement.

(4)

The authority shall return to the holder the original document specified in subregulation 2(b) and retain copies thereof and return the replaced certificate with the appropriate endorsement.

43. Change of address
(1)

A holder of an ATO certificate, approval, exemption or authorisation issued under these Regulations shall notify the authority of the change in the physical and mailing address and shall do so in the case of- (a) physical address, at least 14 days in advance; and (b) mailing address upon the change.

(2)

A person who fails to notify the authority of the change of physical address within the time frame specified in subregulation (1) shall not exercise the privileges of the ATO certificate, approval, exemption or authorisation.

44. Replacement of documents

A person may apply to the authority in the form and manner prescribed by the authority in the applicable technical guidance materials for replacement of documents issued under these Regulations where such documents are lost or destroyed

45. Suspension, variation or revocation of ATO certificate

approval, exemption or authorisation (1) The authority may, where it considers it to be in the public interest, suspend pending further investigation, any ATO certificate, approval, exemption, authorisation or such other document issued, granted or having effect under these Regulations.

(2)

The authority may, upon the completion of an investigation which has shown sufficient ground to its satisfaction and where it considers it to be in the public interest, revoke, suspend, or vary any ATO certificate, approval, exemption, authorisation, or such other document issued or granted under these Regulations.

(3)

The authority may, where it considers it to be in the public interest, prevent any person or aircraft from flying.

(4)

A holder or any person having the possession or custody of an ATO certificate, approval, exemption, authorisation or such other documents which has been revoked, suspended or varied under these Regulations shall surrender it to the authority within 14 days from the date of revocation, suspension or variation.

(5)

The breach of any condition subject to which an ATO certificate, approval, exemption, authorisation or any other document granted or issued under these Regulations shall render the document invalid during the continuance of the breach.

46. Use and retention of ATO certificate,

approval, authorisation exemption and records (1) A person shall not- (a) use any ATO certificate, approval, exemption, authorisation or such other document issued or required by or under these Regulations which has been forged, altered, revoked, or suspended, or to which he or she is not entitled; (b) forge or alter any ATO certificate, approval, exemption, authorisation or such other document issued or required by or under these Regulations; (c) lend any ATO certificate, approval, exemption, authorisation or such other document issued or required by or under these Regulations to any other person; or (d) make any false representation for the purpose of procuring for himself or herself or any other person the grant, issue, renewal or variation of any such ATO certificate, approval, exemption or authorisation or any other document.

(2)

During the period for which it is required under these Regulations to be preserved, a person shall not mutilate, alter, render illegible or destroy any records, or any entry made therein, required by or under these Regulations to be maintained, or knowingly make, or procure or assist in the making of, any false entry in any such record, or wilfully omit to make a material entry in such record.

(3)

All records required to be maintained by or under these Regulations shall be recorded in a permanent and indelible ink.

(4)

A person shall not purport to issue any ATO certificate, approval, exemption or authorisation for the purpose of these Regulations unless he or she is competent, qualified and authorised to do so by the authority.

(5)

A person shall not issue any ATO certificate, approval, exemption or authorisation of the kind referred to in subregulation (4) unless he or she has satisfied himself or herself that all statements in the ATO certificate, approval, exemption or authorisation are correct, and that the applicant is qualified to hold that ATO certificate, approval, exemption or authorisation.

47. Record keeping
(1)

A holder of an ATO certificate shall have a system to maintain and retain the following records for a minimum period of ten years from the date of completion of training- (a) details of training given to individual students; (b) detailed and regular progress reports from instructors including assessments, regular progress tests and examinations; and (c) trainee information, including, names, course, certificates held and where applicable, expiry dates of medical certificates and ratings.

(2)

An ATO shall maintain a system for recording the qualifications and training of instructional and examining staff as appropriate.

(3)

The records of qualifications and training of instructors and examiners shall be retained for a minimum period of ten years after the instructor or examiner ceases to perform any function for the training organisation.

(4)

An ATO shall submit training records and reports as required by the authority.

(5)

The format of the student training records shall be specified in the training manual specified in Schedule 4 to these Regulations.

48. Reports of violation
(1)

Any person who knows of a violation of the Act, any rule, regulation or order issued under the Act, shall report the violation to the authority.

(2)

Subject to subregulation (1), the authority shall determine the nature and extent of investigation or enforcement action to be taken.

49. Enforcement of directives

A person who fails to comply with any directives given to him or her by the authority or by any authorised person under these Regulations shall be deemed to have contravened that provision

50. Aeronautical user fees
(1)

The authority shall publish in the Aeronautical Information Circular the fees to be charged in connection with the issue, renewal, extension or variation of any ATO certificate, approval, exemption, authorisation or such other document, including the issue of a copy the document, or the undergoing of any inspection or investigation or the grant of any permission required by, or for the purpose of these Regulations any orders, notices or proclamations made under these regulations.

(2)

Any application for which a fee is required to be paid shall not be processed unless the applicant pays the fee chargeable under subregulation (1).

(3)

Where, after payment has been made, the application is withdrawn by the applicant or otherwise ceases to have effect or is rejected, the authority shall not refund the payment made.

51. Application of Regulations to Government and visiting

forces (1) These Regulations apply to aircraft, not being military aircraft, belonging to or exclusively employed in the service of the Government, and for the purposes of such application, the department or other authority for the time being responsible for management of the aircraft shall be deemed to be the operator of the aircraft, and in the case of an aircraft belonging to the Government, to be the owner of the interest of the Government in the aircraft. (2) Except as otherwise expressly provided, the marine, military and air force authorities and members of any visiting force and property held or used for the purpose of such a force shall be exempt from the provision of these Regulations to the same extent as if the visiting force formed part of the military force of Uganda.

52. Extra-territorial application of Regulations Except

where the context otherwise requires, the provisions of these Regulations (a) in so far as they apply, whether by express reference or otherwise, to aircraft registered in Uganda shall apply to such aircraft wherever they may be; (b) in so far as they apply, whether by express reference or otherwise, to other aircraft, shall apply to such aircraft when they are within Uganda; (c) in so far as they prohibit, require or regulate, whether by express reference or otherwise, the doing of anything by any person in, or by any of the crew of, any aircraft registered in Uganda, shall apply to such persons and crew, wherever they may be; and (d) in so far as they prohibit, require or regulate, whether by express reference or otherwise, the doing of anything in relation to any aircraft registered in Uganda by other persons shall, where such persons are citizens of Uganda, apply to them wherever they may be.

53. Contravention of Regulations

A person who contravenes any provision of these Regulations may have his or her ATO certificate, approval, authorisation, exemption or such other document revoked or suspended

54. Offences and penalties
(1)

Where any provision of these Regulations, orders, notices or proclamations made under these Regulations is contravened in relation to a training aircraft, the ATO or flying instructor who contravened that provision shall, without prejudice to the liability of any other person under these Regulations for that contravention, be deemed for the purposes of the following provisions of this regulation to have contravened that provision unless he or she proves that the contravention occurred without his or her consent or connivance and that he or she exercised all due diligence to prevent the contravention.

(2)

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

(3)

Where a person is charged with contravening a provision of these Regulations, orders, notices or proclamations made under the Regulations by reason of his or her having been an instructor in charge of a flight for the purpose of training, the flight shall be treated, without prejudice to the liability of any other person under these Regulations, as not having been for that purpose where he or she proves that he or she neither knew nor had reason to know that the flight was for that purpose.

(4)

A person who contravenes any provision of these Regulations, orders, notices or proclamations made under these Regulations, not being a provision referred to in subregulation (3) is liable, on conviction, to a fine, and in the case of a continuing contravention, each day of the contravention shall constitute a separate offence.

(5)

Where an aircraft is involved in a contravention and the contravention is by the owner or ATO responsible for the aircraft, the aircraft shall be subject to a lien for the penalty.

(6)

Any aircraft subject to a lien for the purpose of subregulation (5), may be seized by and placed in the custody of the authority.

(7)

Subject to subregulation (6) the authority shall not seize an aircraft without advice of the Attorney General.

(8)

The aircraft shall be released from the custody of the authority upon- (a) payment of the penalty or the amount agreed upon in compromise; (b) deposit of a bond in such amount as the authority may prescribe in the applicable aeronautical information circular, conditioned upon payment of the penalty or the amount agreed upon in compromise; and (c) receiving an order of the court to that effect.

(9)

The authority and any person specifically authorised by name or any police officer not below the rank of inspector specifically authorised by name by the Minister, may compound offences under Part A of Schedule 5 to these Regulations by assessing the contravention and requiring the person reasonably suspected of having committed the offence to pay to the authority a sum not exceeding one hundred currency points.

(10)

Where a person contravenes any provision specified in Part B of Schedule 5 to these Regulations, is liable, on conviction, to a fine not exceeding one hundred currency points or to imprisonment for a term not exceeding four years, or both.

(11)

A person who contravenes any provision specified as an "A" provision in Schedule 5 to these Regulations commits an offence and is liable, on conviction, to a fine not exceeding fifty currency points for each offence or each flight or to imprisonment for a term not exceeding two years or both.

(12)

A person who contravenes any provision specified as a "B" provision in Schedule 5 to these Regulations commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points for each offence or each flight or to imprisonment for a term not exceeding four years or both.

(13)

A person who contravenes any provision of these Regulations not being a provision referred to in Schedule 5 to these Regulations, commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points and in the case of a second or subsequent conviction for the same offence to a fine not exceeding two hundred currency points.

(14)

Where any person is aggrieved by any order made under these Regulations, he or she may, within twenty-one days of such order being made, appeal against the order to a higher court and the relevant provisions of the Criminal Procedure Act, shall apply mutatis mutandis, to every such appeal as if it were an appeal against a sentence passed by a High Court in the exercise of its original jurisdiction.

55. Revocation of S.I. No. 24 of 2020, savings and transitional
(1)

The Civil Aviation (Approved Training Organisations) Regulations, 2020, are revoked.

(2)

A certificate, authorisation, approval or exemption granted under the Regulations revoked by subregulation (1) and which is in force immediately before the commencement of these Regulations, shall have effect and shall continue in force as if granted under these Regulations, until it expires or is cancelled by the authority.

(3)

Notwithstanding the continuance of a certificate, authorisation, exemption or approval granted under subregulation (2), a person who, at the commencement of these Regulations is carrying out any act, duty or operation affected by these Regulations shall, within six months from the commencement of these Regulations, or within such longer period as the Minister may, by notice in the Gazette prescribe, comply with the requirements of these Regulations.

(4)

Notwithstanding regulation 53, a person granted certificate, authorisation, exemption or other approval, continued under subregulation (2) who does not comply with the requirements of these Regulations within the time prescribed under subregulation (3), shall have the certificate, authorisation, exemption or approval cancelled by the authority.

SCHEDULES

SCHEDULE 1

CURRENCY POINT Regulation 3

A currency point is equivalent to twenty thousand shillings.

SCHEDULE 2

APPROVED TRAINING ORGANISATIONS RESPONSIBILITIES AND QUALIFICATIONS

Regulations 5(2), 9(3), 19(4) and (5)

1.1.1 PART A: GENERAL-FOR ALL APPROVED TRAINING ORGANISATIONS

1. Accountable Manager

The Accountable Manager is the Chief Executive and corporate authority for ensuring that all training commitments are financed and carried out to the standard required by the Authority and any additional requirements defined by the aviation training organisation; and may delegate in writing to another person within the organisation, the day-to-day management but not the overall approval management responsibility.

The Accountable Manager shall possess the following qualifications-

(a)

a background in the management of training organisations; (b) knowledge of these Regulations and regulations and other materials published by the authority that are applicable to the courses taught by the Approved Training Organisation; and (c) a thorough understanding of the organisation and training program of the Approved Training Organisation.

2. Head of Quality

Responsibilities: The Head of Quality shall-

(a)

have the primary role to verify, by monitoring activities in the field of training, that the standards required by the authority, and any additional requirements as established by the ATO are being carried out properly; (b) be responsible for ensuring that the Quality Assurance Programme is properly implemented, maintained and continuously reviewed and improved;

(c)

have direct access to all parts of the ATO; and

(d)

in the case of small ATO's, the posts of the Head of Safety and the Head of Quality may be combined, the quality audits shall be conducted by independent personnel.

The Head of Quality shall report directly to the Accountable executive.

Qualifications: The Head of Quality shall- (a) be a technically qualified person in at least one field of the training to be conducted; (b) have at least two years' experience in the training to be conducted; and (c) have successfully completed a training in quality management recognised by the authority.

3. Head of Safety [where applicable in

accordance with the Civil Aviation (Safety Management) Regulations, 2022]:

Responsibilities: (1) The scope of the Head of Safety duties shall include safety planning, safety programme implementation and the operation of the ATO SMS.

(2)

The Head of Safety shall report directly to the Accountable Manager.

Qualifications: The head of safety shall- (a) have undergone safety management system Course or equivalent course recognised by the authority; (b) hold an aviation licence or have proven knowledge and experience in the aviation environment; and (d) possess sound knowledge of safety management principles and practices; and

4. Head of Training

Responsibility: The Head of Training shall have overall responsibility for ensuring satisfactory integration of flying training, synthetic flight training and theoretical knowledge instruction, and for supervising the progress of individual students

Qualifications: The Head of Training shall have- (a) hold or have held a licence in at least one of the specific areas of training conducted by the ATO; (b) at least three years' experience in training in one of the specific areas of training conducted by the ATO; and (c) management training and experience.

PART B - FLIGHT CREW TRAINING

1. Chief Flight Instructor

Responsibility: (a) the Chief Flight Instructor shall be responsible for the supervision of flight and synthetic flight instructors and for the standardisation of all flight instruction and synthetic flight instruction; and (b) in the case of small ATOs the Head of Training roles may be combined with CFI.

Qualification: The Chief Flight Instructor shall- (a) hold the highest professional pilot licence related to the flying training courses conducted in the ATO; (b) hold the rating(s) related to the flying training courses conducted by the ATO; and (c) hold a flight instructor rating or in the case of UAS training an UAS instructor rating for at least one of the types of aircraft used for training by the ATO;

2. Flight and Synthetic Flight Instructors qualifications

A Flight instructor shall hold-

(a)

a professional pilot licence and ratings related to the flying training courses conducted by the ATO; (b) a flight instructor rating, or in the case of UAS training an UAS instructor rating on the types of aircraft used for training by the ATO; and (c) an instrument rating instructor endorsement where he or she is to conduct instrument rating training.

A Synthetic flight instructor shall- (i) hold or have held a professional pilot licence; and (ii) possess an authorisation from the Authority for the synthetic training as provided in the applicable Civil Aviation (Personnel Licensing) Regulations, 2022

3. Chief Ground Instructor

Responsibility The Chief Ground Instructor shall be responsible for the supervision of ground instructors and for the standardisation of all ground instruction;

Qualification In addition to fulfilling all the requirements for ground instructor licence as provided in the Civil Aviation (Personnel Licensing) Regulations 2022, the chief ground instructor shall have the level of knowledge commensurate with the level of training in the ATO training specifications.

4. Ground instructor

A ground instructor shall have the following qualifications-

(a)

fulfil all the requirements for ground instructor's licence as provided in Civil the Aviation (Personnel Licensing) Regulations, 2022 commensurate with the level of training to be conducted; or

(b)

be a subject matter expert or hold an academic qualification relevant to the support subjects of instruction as prescribed in the applicable technical guidance materials; and

(c)

subject to paragraph (b)-

(i)

have received training in teaching and instructional techniques as provided by the Civil Aviation (Personnel Licensing) Regulations, 2022; or

(ii)

hold at least a certificate in a teaching discipline.

5. Flight engineer instructor

A Flight Engineer Instructor shall have the following qualifications- (a) hold a flight engineer licence and ratings related to the training courses to be conducted; (b) hold an instructor's endorsement in his licence from the Authority on the course to be conducted; and (c) hold an authorisation in accordance with the Civil Aviation (Personnel Licensing) Regulations, 2022 if he is to conduct training in synthetic flight trainer.

Part C

1. Chief Aircraft Maintenance Engineering Instructor

Responsibility The Chief Aircraft Maintenance Engineering Instructor shall be responsible for the supervision of instructors and for the standardisation of all engineering instructions.

Qualification The Chief Aircraft Maintenance Engineer Instructor shall- (a) hold or have held an AMEL with ratings related to the courses to be conducted by the ATO; (b) have: (i) received training in the teaching and instructional techniques provided in the Civil Aviation (Personnel Licensing) Regulations, 2022; or (ii) at least a certificate in a teaching discipline;

(c)

have at least two years' experience in a training supervisory role; or (d) provide evidence of management training and experience in training supervision.

2. Aircraft Maintenance Engineering Instructor qualification

An Aircraft Maintenance Engineering Instructor shall- (a) hold- (i) or have held an AMEL with ratings related to the courses to be conducted by the ATO; or (ii) an academic qualification relevant to the subjects of instruction as prescribed in the applicable technical guidance materials; and (b) have- (i) received training in teaching and instructional techniques as provided by the Civil Aviation (Personnel Licensing) Regulations, 2022; or (ii) hold at least a certificate in a teaching discipline.

Part D

1. Air Traffic Control Chief Instructor

Responsibility: The Air Traffic Control Chief Instructor shall be responsible for the supervision of the instructors and for the standardisation of all theoretical and simulator instructions.

Qualification: The air traffic control chief instructor shall- (a) hold all the air traffic control ratings related to the ATC courses conducted; and (b) have at least two years' experience in a training supervisory role; (c) have- (i) received training in teaching and instructional techniques as provided by the Civil Aviation (Personnel Licensing) Regulations, 2022; or

(ii)

at least a certificate in a teaching discipline.

2. Air Traffic Control Instructor qualification

An Air Traffic Control Instructor shall- (a) hold- (i) an air traffic control licence with ratings related to the ATC courses to be conducted by the ATO; or (ii) an academic qualification relevant to the support subjects of instruction such as mathematics, geography as prescribed in the applicable technical guidance materials; and

(b)

have- (i) received training in teaching and instructional techniques as provided by the Civil Aviation (Personnel Licensing) Regulations, 2022; or (ii) at least a certificate in a teaching discipline.

PART E-FLIGHT OPERATIONS OFFICER (FOO) TRAINING

1. Flight Operations Officer Chief Instructor

Responsibility The Flight Operations Officer Instructor shall be responsible for the supervision of the instructors and for the standardisation of all theoretical and practical instructions

Qualification: The Chief Flight Operations Officer instructor shall:

(a)

hold or have held- (i) a Flight Operations Officer's Licence with at least two years' experience in training; or (ii) an Airline Transport Pilot Licence with at least two years' experience in training; and

(b)

provide evidence of management training and experience in training supervision.

2. Flight Operations Officer Instructor

The Flight Operations Instructor shall-

(a)

hold or have held- (i) a flight operation officers' licence; or (ii) an airline transport pilot licence; or (iii) hold an academic qualification relevant to the support subjects of instruction as prescribed in the applicable technical guidance materials; and (b) have- (iii) received training in teaching and instructional techniques as provided by the Civil Aviation (Personnel Licensing) Regulations, 2022; or (iv) hold at least a certificate in a teaching discipline.

SCHEDULE 3

APPROVED TRAINING ORGANISATION QUALITY SYSTEM

Regulation 12(3), 29(2)(a)

1. Establishment of quality assurance system

An Approved Training Organisation shall establish a quality assurance system acceptable to the authority which ensures that training and instructional practices comply with these Regulations.

2. Interpretation

"quality" means the totality of features and characteristics of a product or service that bear on its ability to satisfy stated or implied needs;

"quality assurance'' means all those planned and systematic actions necessary to provide adequate confidence that all training activities satisfy given requirements, including the ones specified by the ATO in relevant manuals;

"quality manual" means the document containing the relevant information pertaining to the ATO's quality system and quality assurance programme;

"quality audit" means a systematic and independent examination to determine whether quality activities and related results comply with planned arrangements and whether these arrangements are implemented effectively and are suitable to achieve objectives;

"small ATO" means an ATO with capacity to train a maximum of 50 students.

3. Elements of a quality system

The quality system of an ATO for training for licences and ratings shall address the following elements-

(a)

determination of the organisation's training policy and training and flight safety standards;

(b)

determination and establishment of assignment of responsibility, resources, organisation and operational processes, which will make allowance for policy and training and flight safety standards; (c) follow up system to ensure that policy, training and flight safety standards are complied with;

(d)

registration and documentation of deviations from policy, training and flight safety standards together with necessary analysis, evaluations and correction of such deviations;

(e)

evaluation of experiences and trends concerning policy, training and flight safety standards;

(f)

a strategic review of policies and procedures which measures the ATO's current assumptions, objectives and plans by applying a relevance test matched to evolving trends in the industry or changes occurring within the ATO; and

(g)

an employee training plan that instils and promotes best practices in quality management efforts.

4. Requirements for quality system
(1)

Purpose of Quality System The implementation and employment of a quality system will enable the ATO to monitor compliance with the relevant parts of the Procedures Manual and the Training Manual, and any other standards as established by the ATO or the Authority, to ensure safe and efficient training.

(2)

Quality Policy and Strategy

(a)

The ATO shall describe how it formulates, deploys, and reviews its policies and strategies and turns them into plans and actions. A formal written Quality Policy Statement shall be established as a commitment by the Accountable Manager as to what the Quality System is intended to achieve. The Quality Policy shall reflect the achievement and continued compliance with relevant parts of the Procedures Manual and the Training Manual together with any additional standards specified by the ATO or the Authority.

(b)

The Accountable Manager will have overall responsibility for the Quality System including the frequency, format and structure of the internal management evaluation activities.

(3)

Quality System (a) The Quality System of the ATO shall ensure compliance with and the adequacy of training activities conducted.

(b)

The ATO will specify the basic structure of the Quality System applicable to all training activities conducted.

(c)

The Quality System will be structured according to the size of the ATO and the complexity of the training to be monitored.

(4)

Scope A quality System will address the following- (a) leadership; (b) policy and strategy; (c) processes; (d) the relevant provisions of Civil Aviation (Personnel Licensing) Regulations, 2022 and these Regulations; (e) additional standards and training procedures as stated by the ATO; (f) the organisational structure of the ATO; (g) responsibility for the development, establishment and management of the Quality System; (h) documentation, including manuals, reports and records; (i) quality Assurance Programme; (j) the required financial, material and human resources; (k) training requirements; and (l) customer satisfaction.

(5)

Feedback System The quality system will include a feedback system to ensure that corrective actions are both identified and promptly addressed. The feedback system also specifies who is required to rectify discrepancies and non-compliance in each particular case, and the procedure to be followed if corrective action is not completed within an appropriate timescale.

(6)

Documentation (a) Relevant documentation includes the relevant part(s) of the Training and Procedures Manual, which may be included in a separate Quality Manual. (b) In addition, the relevant document also includes the following- (i) description of the ATO; (ii) quality policy and strategy; (iii) glossary; (iv) organisational risk profile; (v) risk management plan; (vi) coherence matrix; (vii) procedures and reporting system for corrective and preventive actions; (viii) specified training standards; (ix) assignment of duties and responsibilities in relation to the QA or QS; and (x) training procedures related to the QS to ensure regulatory compliance.

(7)

Quality Assurance Programme (a) The Quality Assurance Programme includes all planned and systematic actions necessary to provide confidence that all training are conducted in accordance with all applicable requirements, standards and procedures.

(b)

The Quality Assurance Programme describes- (i) the schedule of the monitoring process;

(ii)

the audit procedures; (iii) the reporting procedures; (iv) the follow-up and corrective action procedures; (v) the recording System; (vi) the training syllabus; and (vii) the document control.

(c)

The Quality Assurance Programme of the ATO shall identify the persons within the ATO who have the experience, responsibility and authority to- (i) perform quality inspections and audits as part of ongoing quality assurance; (ii) identify and record any concerns or findings, and the evidence necessary to substantiate such concerns or findings; (iii) initiate or recommend solutions to concerns or findings through designated reporting channels; (iv) verify the implementation of solutions within specific timescales; and (v) report directly to the Quality Manager.

(8)

Quality Inspections-

(a)

The primary purpose of a quality inspection is to observe a particular event, action or document etc., in order to verify whether established training procedures and requirements are followed during the accomplishment of that event and whether the required standard is achieved.

(b)

Typical subject areas for quality inspections are- (i) all training courses covered under these Regulations; (ii) maintenance, if applicable;

(iii)

technical standards; and (iv) training standards.

(9)

Audits- (a) An audit is a systematic, and independent comparison of the way in which a training is being conducted against the way in which the published training procedures say it should be conducted. (b) Audits include the following quality procedures and processes- (i) An explanation of the scope of the audit; (ii) Planning and preparation; (iii) Gathering and recording evidence; (iv) Analysis of the evidence;

(c)

The various techniques that make up an effective audit are- (i) interviews or discussions with personnel; (ii) a review of published documents; (iii) the examination of an ade4quate sample of records; (iv) the witnessing of the activities which make up the training; and (v) the preservation of documents and the recording of observations.

(10)

Auditors (a) The ATO must decide, depending on the complexity of the training, whether to make use of a dedicated audit team or a single auditor. In any event, the auditor or audit team shall have relevant training and/or operational experience.

(b)

The responsibilities of the auditors will be clearly defined in the relevant documentation.

(11)

Auditor's independence (a) Auditors shall not have any day-to-day involvement in the area of the operation or maintenance activity which is to be audited. (b) An ATO may, in addition to using the services of full-time dedicated personnel belonging to a separate quality department, undertake the monitoring of specific areas or activities by the use of part-time auditors. (c) An ATO whose structure and size does not justify the establishment of full-time auditors may undertake the audit function by the use of part-time personnel from within its own organisation or from an external source under the terms of an agreement acceptable to the authority. (d) In all cases the ATO will develop suitable procedures to ensure that persons directly responsible for the activities to be audited are not selected as part of the auditing team. (e) Where external auditors are used, it is essential that any external specialist is familiar with the type of training conducted by the ATO. (12) Audit Scope ATOs are required to monitor compliance with the Training and Procedures Manuals they have designed to ensure safe and efficient training. In doing so they should as a minimum, and where appropriate, monitor- (a) organisation; (b) plans and objectives; (c) training procedures; (d) flight Safety; (e) manuals, logs and records; (f) flight and duty time limitations; (g) rest requirements and scheduling; (h) aircraft maintenance and operations interface; (i) maintenance programmes and continued airworthiness; and (j) maintenance accomplishment.

(13)

Audit Scheduling (a) A Quality Assurance Programme will include a defined audit schedule and a periodic review cycle. (b) The schedule may be flexible, and allow unscheduled audits when negative trends are identified. (c) Follow-up audits will be scheduled when necessary to verify that corrective action was carried out and that it was effective. (d) An ATO will establish a schedule of audits to be completed during a specific calendar period. (e) All aspects of the training are to be reviewed within a period of 12 months in accordance with the programme unless an extension to the audit period is accepted as explained below. (f) An ATO may increase the frequency of their audits at their discretion but should not decrease the frequency without the acceptance of the authority. (g) It is considered unlikely that a period of greater than 24 months would be acceptable for any audit topic. (h) When an ATO defines the audit schedule, significant changes to the management, organisation, training, or technologies must be considered, as well as changes to the regulatory requirements.

(14)

Monitoring and corrective action (a) The primary aim of monitoring within the Quality System is to investigate and judge its effectiveness, thereby ensuring that defined policies and training standards are complied with continuously. (b) Monitoring activity is based upon quality inspections, audits, corrective action and follow-up. (c) The ATO shall establish and publish a quality procedure to monitor regulatory compliance on a continuing basis. (d) The objective of this monitoring activity is eliminating the causes of unsatisfactory performance.

(e)

Any non-compliance identified shall be communicated to the manager responsible for taking corrective action or, if appropriate, the Accountable Manager. (f) The non-compliance shall be documented to support further investigation, to determine the cause, and to enable the development of recommendations of appropriate corrective actions. (g) The Quality Assurance Programme shall include procedures to ensure that corrective and preventive actions are developed in response to findings. (h) These quality procedures will allow for the monitoring of corrective actions to verify their effectiveness and that they have been completed. (i) Organisational responsibility and accountability for the implementation of corrective action resides with the department finding was identified. (j) The Accountable Manager will have the ultimate responsibility for ensuring, through the Quality Manager(s), that corrective action has re-established compliance with the standard required by the Authority and any additional requirements established by the ATO. (15) Corrective action (a) Subsequent to the quality inspection or audit, the ATO will determine- (i) the seriousness of any findings and any need for immediate corrective action; (ii) the origin of the finding; (iii) what corrective actions are required to ensure that the non-compliance does not recur; (iv) a schedule for corrective action; (v) the identification of individuals or departments responsible for implementing corrective action; and (vi) allocation of resources by the Accountable Manager, where appropriate.

(b)

The Quality Manager will- (i) verify that corrective action is taken by the manager responsible in response to any finding of non-compliance; (ii) verify that corrective action includes the elements outlined in paragraph (14); (iii) monitor the implementation and completion of corrective action; (iv) provide management with an independent assessment of corrective action, implementation and completion; and (v) evaluate the effectiveness of corrective action through the follow-up process.

(16)

Management Evaluation (a) A management evaluation is a comprehensive, systematic documented review by the management of the quality system, training policies, and procedures. (b) A management evaluation considers the results of quality inspections, audits and any other relevant indicators, as well as the overall effectiveness of the management organisation in achieving stated objectives. (c) A management evaluation also identifies and corrects trends, and prevents, where possible, future non-conformities. (d) Conclusions and recommendations made as a result of an evaluation should be submitted in writing to the responsible manager for action. (e) The responsible manager is an individual who has the authority to resolve issues and take action. (f) The Accountable Manager will decide upon the frequency, format, and structure of internal management evaluation activities.

(17)

Recording (a) Accurate, complete and readily accessible records documenting the result of the Quality Assurance Programme shall be maintained by the ATO.

(b)

Records are essential to enabling an ATO to analyse and determine the root causes of non-conformity, so that areas of non-compliance can be identified and subsequently addressed.

(c)

The following records shall be retained for a period of 5 years- (i) audit schedules; (ii) quality inspection and audit reports; (iii) responses to findings; (iv) corrective action reports; (v) follow-up and closure reports; and (vi) management evaluation reports.

(18)

Quality Assurance Responsibility for Satellite ATOs The ATO will ensure that the satellite ATO has the necessary authorisations or approvals, and commands the necessary resources and competence to undertake the tasks. If the ATO requires the satellite ATO to conduct activity which exceeds the satellite ATO's authorisation or approval, the ATO is responsible for ensuring that the satellite ATO's quality assurance takes account of such additional requirements.

(19)

Quality System Training (a) Correct and thorough training is essential to optimise quality in every organisation. (b) In order to achieve significant outcomes of such training the ATO will ensure that its staff understands the objectives as laid down in the Quality Manual. (c) Those responsible for managing the Quality System are to receive training covering- (i) an introduction to the concept of quality system; (ii) quality management; (iii) concept of quality assurance; (iv) quality manuals;

(v)

audit techniques; (vi) reporting and recording; and (vii) the way in which the Quality System will function in the ATO.

(c)

Time must be provided to train every individual involved in quality management and for briefing the remainder of the employees.

(d)

The allocation of time and resources is to be governed by the size and complexity of the operation concerned.

(e)

Sources of Training Quality management courses are available from the various national or international institutions, and an ATO may consider whether to rely on such institutions in training those personnel likely to be involved in the management of Quality Systems. Organisations with sufficient, appropriately-qualified staff may consider whether to carry out in-house training.

(20)

Quality Systems for small ATO (a) The requirement to establish and document a Quality System, and to employ a Quality Manager applies to all ATOs. (b) Complex quality systems may be inappropriate for small ATOs and the clerical effort required to draw up manuals and quality procedures for a complex system may stretch their resources. (c) An ATO will tailor its quality system to suit the size and complexity of its training and allocate resources accordingly. (d) Small ATOs may develop a Quality Assurance Programme that employs a checklist. (e) The checklist must have a supporting schedule that requires completion of all checklist items within a specified timescale, together with a statement acknowledging completion of a periodic review by top management. An occasional independent overview of the checklist contents and achievement of the Quality Assurance should be undertaken.

(f)

The small ATO may decide to use internal or external auditors or a combination of the two. In these circumstances, external specialists and or qualified organisations may perform the quality audits on behalf of the Quality Manager. (g) If the independent quality audit function is conducted by external auditors, the audit schedule will be described in the relevant documentation. (h) Whatever arrangements are made, the main ATO retains the ultimate responsibility for the quality system and especially the completion and follow-up of corrective actions.

SCHEDULE 4

APPROVED TRAINING ORGANISATION TRAINING MANUAL AND PROCEDURES MANUAL CONTENTS Regulations 16(3), 27(3) , 28(1), 47(5)

PART A-TRAINING MANUAL

An Approved Training Organisation shall provide a Training Manual and Procedures Manual, or may combine the manuals for use and guidance of personnel concerned that shall contain at least the content in this Schedule.

1. General

The Training Manual for approved training courses shall include the following- (a) preamble relating to the use and applicability of the manual; (b) table of contents;

(c)

amendment, revision and distribution of the manual- (i) procedures for amendment; (ii) record of amendments page; (iii) distribution list; and (iii) list of effective pages. (d) glossary of definitions and significant terms, including a list of acronyms and abbreviations;

(e)

. description of the structure and layout of the manual, including- (i) the various parts and sections, as well as their contents and use; and (ii) the numbering system for headings and paragraphs; (f) description of the scope of training authorised under the ATO's terms of approval;

(g)

description of the procedure for key personnel engagement indicating how the ATO ensures that the personnel have good interpersonal and communication skills, integrity, impartiality in carrying out tasks, tactful, good understanding of human nature and ability to get along with other people; (h) organisation chart of the ATO's management organisation; and (i) corporate commitment statement.

2. Pilot Training

The Training Manual for use at an ATO conducting approved training courses for pilots shall include the following-

(a)

the training plan-

(i)

Aim of the course: A statement of what the student is expected to do as a result of the training, the level of performance, and the training constraints to be observed;

(ii)

Pre-entry requirements: Minimum age, educational requirements including language, and medical requirements;

(iii)

Credits for previous experience: To be obtained from the authority before training begins;

(iv)

Training Curricula: The single engine flying curriculum, the multi-engine flying curriculum, the synthetic flight training curriculum and the theoretical knowledge training curriculum;

(v)

The time scale and scale in weeks: For each curriculum: arrangements of the course and the integration of curricula time;

(vi)

Training program: The general arrangements of daily and weekly programs for flying, ground and synthetic flight training; bad weather constraints; program constraints in terms of maximum student training times (flying, theoretical knowledge, synthetic) e.g. per day or week or month; restrictions in respect of duty periods for students; duration of dual and solo flights at various stages; maximum flying hours in any day or night; maximum number of training flights in any day or night and minimum rest period between duty period for students;

(vii)

Training records: Rules for security of records and documents; attendance records; the form of training records to be kept; persons responsible for checking records and students' log books; the nature and frequency of records' checks; standardisation of entries in training records and rules concerning log book entries;

(viii)

Safety training: Individual responsibilities; essential exercises; frequency of emergency drills; frequency of dual checks at various stages and requirement before first solo day or night or navigation;

(ix)

Checks and tests: (aa) flying: Progress checks and skill tests; (bb) knowledge: Progress tests and knowledge tests; (cc) authorisation for test; (dd) rules concerning refresher training before retest; (ee) test reports and records; (ff) procedures for test paper preparation, type of question and assessment, standard required for 'Pass'; (gg) procedure for question analysis and review and for raising replacement papers; and (hh) test resit procedures.

(x)

Training effectiveness indicating- Individual responsibilities; General Assessment; liaison between departments; Identification of unsatisfactory progress individual students; actions to correct unsatisfactory progress; procedure for changing instructors; maximum number of instructor changes per student; internal feedback system for detecting training deficiencies; procedure for suspending a student from training; discipline and reporting and documentation;

(xi)

standards and level of performance at various stages: (aa) Individual responsibilities. (bb) Standardisation - Standardisation requirements and procedures. (cc) Application of test criteria.

(b)

Briefing and air exercises: (i) Air exercise: A detailed statement of the content specification of all the air exercises to be taught, arranged in the sequence to be flown with main and sub-titles;

(ii)

Air exercise reference list: An abbreviated list of the exercises referred to in subparagraph (i) giving only main and sub-titles for quick reference, and preferably in flip-card form to facilitate daily use by instructors;

(iii)

Course structure - Phase of training: A statement of how the course will be divided into phases, indication of how the air exercises referred to in subparagraph (ii) will be divided between the phases and how they will be arranged to ensure that they are completed in the most suitable learning sequence and that essential emergency exercises are repeated at the correct frequency. Also, the curriculum hours for each phase and for groups of exercises within each phase shall be stated and when progress tests are to be conducted, etc;

(iv)

Course structure integration of curricula: The manner in which theoretical knowledge, synthetic flight training and flying training will be integrated so that as the flying training exercises are carried out students will be able to apply the knowledge gained from the associated theoretical knowledge instruction and synthetic flight training; (v) Student progress: The requirement for student progress including a brief but specific statement of what a student is expected to be able to do and the standard of proficiency the student must achieve before progressing from one phase of air exercise training to the next. Include minimum experience requirements in terms of hours, satisfactory exercise completion, as necessary before significant exercises, such as night flying;

(vi)

Instructional methods: The requirements, particularly in respect of pre and post-flying briefing, adherence to curricula and training specifications and authorisation of solo flights;

(vii)

Progress tests: The instructions given to examining staff in respect of the conduct and document of all progress tests;

(viii)

Glossary of terms: Definition of significant terms as necessary;

(ix)

Appendices: Samples of ATO working documents including: (aa) training progress report forms; (bb) test progress report forms; (cc) skill test report forms; (dd) certificates of training; (ee) competence, etc. as required, issued by an ATO; and (ff) any other templates applicable to the ATO operations

(c)

Synthetic flight training: structure generally as specified in paragraph(b); and

(d)

Knowledge instruction: structure generally as specified in paragraph (b) with a training specification and objectives for each subject. Individual lesson plans to include mention of the specific training aids available for use.

3. Training Other than Pilot Training

The Training Manual for use by an ATO conducting approved training courses other than pilots training shall include the following- (a) the course plan indicating- (i) the objectives and learning outcomes; (ii) pre-entry requirements as follows- (aa) minimum age, (bb) educational requirements including language, and (cc) medical requirements as applicable for training sought. (iii) a list showing each subject and the topics covered in the subject; (iv) a description of the examination or assessment methods and the examination or assessment criteria; (v) a description of- (aa) methods in which training is conducted (for example: lecture, computer-based training, simulators or practical training); and (bb) available equipment and data necessary for training; (vi) a description of the facilities including classroom, laboratory and workshop necessary to deliver the training; (vii) a list showing the prerequisites, if any, for each subject; (viii) credit for previous knowledge, experience or other qualifications, proof of which should be obtained from the Authority before the training commences; (ix) a statement showing the number of hours of training that are necessary for each topic and for the whole course; (x) the minimum and maximum student attendance requirements for each subject and description of the way in which students' attendance is checked and recorded;

(xi)

for each subject, a copy of- (aa) the course notes that are to be given to student; and (bb) any examination paper or examinations question bank that is to be used; (xii) a list showing the units of competency that must be completed for each course; (b) training indicating- (i) organisation of courses and course schedules; (ii) preparation of course material; (iii) preparation of classroom equipment; (iv) preparation of workshops, simulation media and equipment; (v) method of conducting knowledge and practical training; (vi) retention of records of training conducted; (vii) rules for security of records and documents; attendance records; the form of training records to be kept; persons responsible for checking records and students' log books; the nature and frequency of records' checks; and standardisation of entries in training records; (viii) use of locations other than location for which the ATO is approved; and (ix) conduct of basic practical training;

(c)

examinations indicating- (i) organisation and conduct of examinations; (ii) security of examination materials; (iii) preparation of examination rooms; (iv) marking and record of examinations; (v) storage and retention of examination records; (vi) examination or assessment at satellite locations; (vii) preparation, control and issue of training course records;

(viii)

storage of course material and equipment; and (ix) prevention, Investigation and reporting of examination or assessment misconduct. (d) certification of- (i) course transcript; and (ii) certificates.

PART B-PROCEDURES MANUAL

The Procedures Manual for approved training courses shall include the following:

1. General
(a)

a list and description of all volumes in the procedure manual; (b) a list of effective pages and revision pages; (c) corporate commitment statement; (d) a list of management staff; (e) responsibilities and qualifications of management staff; (f) organisation chart; (g) description of selection procedure for ATO key personnel showing how the ATO that they have good interpersonal and communication skills, integrity, impartiality in carrying out tasks, tactful, good understanding of human nature and possess the ability to get along with other people; (h) description of facilities, equipment and data; (i) type of approved training courses and the capability lists; (j) amendment of Procedures Manual and Training Manual; (k) number of instructors; and (l) notification procedure to authority.

2. Pilot Training
(a)

a list and description of all volumes in the Procedures Manual; (b) administration (function and management); (c) schedules of responsibilities for all management and administrative staff; (d) student discipline and disciplinary action; (d) approval/authorisation of flights; (f) preparation of flying programme (restriction of numbers of aircraft in poor weather); (g) control of training aircraft; (h) responsibilities of pilot-in-command; (i) carriage of passengers; (j) aircraft documentation; (k) retention of documents; (l) flight crew qualification records; (m) renewal of licences and medical certificates; (n) flying duty period and flight time limitations for flying instructors; (o) flying duty period and flight time limitations for students; (p) rest periods for flying instructors; (q) rest periods for students; (r) pilots' log books; (s) flight planning; and (t) safety covering general: equipment, radio listening watch, hazards, accidents and incidents (including reports) and safety pilots.

3. Technical
(a)

aircraft descriptive notes; (b) aircraft handling, including checklists, limitations, aircraft maintenance and technical logs, in accordance with relevant requirements, etc.;

(c)

emergency procedures; (d) radio and radio navigation aids; (e) minimum equipment list or MEL; and (f) configuration deviation list CDL.

4. Route
(a)

performance legislation, take-off, route, landing, etc.; (b) flight planning (fuel, oil, minimum safe altitude, navigation equipment, etc.); (c) loading (load sheets, mass, balance, limitations); (d) weather minima (flying instructors); (e) weather minima (students: at various stages of training); and (f) training routes or areas. (g) Staff training- (i) appointments of persons responsible for standards or competence of flying staff; (ii) initial training; (iii) refresher training; (iv) standardisation training; (v) proficiency checks; (vi) upgrading training; and (vii) staff standards evaluation;

(e)

Quality Management System (i) the procedure for quality control of training; (ii) the procedures used to audit examination and competency assessment system; (iii) the procedures used to analyse the results of any examination or assessment;

(iv)

the procedures used to rectify deficiencies identified by analysis in subparagraph (iii); (v) the procedure used for conducting periodic reviews including information on review timetable; (vi) the procedure for maintenance of instructors' skills and qualifications; (vii) the procedure used for recording instructors' qualification; (viii) the procedures to assess compliance and adequacy of the procedures.

5. Training other than Pilot Training
(a)

Training and Examination Procedures indicating- (i) courses organisation procedures; (ii) the procedures used to develop or acquire documents for training and examinations; (iii) the procedures used to prepare and use of equipment for theory and basic practical training; (iv) the procedures for conducting knowledge and practical training; (v) training record storage and retention procedures; (vi) procedures for conducting examinations and practical skill assessments; (vii) procedures for marking of examinations and recording the results; (viii) procedures for storage of examination records; (ix) the procedures for storage of course material and equipment used for instruction; (x) procedures to prevent, investigate and report to authority any examination or assessment misconduc;.

(b)

Quality Management System indicating- (i) the procedure for quality control of training;

(ii)

the procedures used to audit examination and competency assessment system; (iii) the procedures used to analyse the results of any examination or assessment; (iv) the procedures used to rectify deficiencies identified by analysis in subparagraph (iii); (v) the procedure used for conducting periodic reviews including information on review timetable; (vi) the procedure for maintenance of instructors' skills and qualifications; (vii) the procedure used for recording instructors' qualification; (viii) the procedures to assess compliance and adequacy of the procedures;

(c)

Appendices of- (i) samples of documents and forms used; and (ii) syllabus of each training course;

(d)

staff training- (i) identification of persons or positions responsible for the maintenance of the standards and performance criteria of the training, and for ensuring the competency of personnel; (ii) details of the procedures to validate the qualifications and determine the competency of instructional personnel; (iii) details of the initial and recurrent training programmes for all personnel, including awareness training with respect to their responsibilities within the ATO's system governance processes; and (iv) procedures for proficiency checks and upgrade training.

SCHEDULE 5

OFFENCES AND PENALTIES

Regulations 53 and 54

Regulation Regulation Title Penalties Number 4 General Requirements for an ATO Certificate B

8 Validity of the ATO Certificate

11 ATO Certificate holder responsibilities B

12 ATO Quality system A

15, 42, 43 Changes requiring notice to the Authority A

16 Training manual and procedures manual A

17 Safety Management System A

19,27 Key management Personnel required for ATO B

21,29 Training program and approval B

22 Aircraft for training purposes B

23 Flight simulator training device B

24 Aerodromes and Sites B

25, 30, 31, Training facilities, equipment and material B 32, 33, 34 Authorisation to conduct Aviation complementary 35 B courses

36 Advertising B

38 Exemption B

40 Drugs and Alcohol testing B

Suspension or variation of ATO certificate, approval 45 B authorisation, exemption and records.

Use and retention of ATO certificate, approval 46 B authorisation, exemption and records.

53 Contravention of these Regulations B

Cross references Civil Aviation (Air Operator Certification and Administration) Regulations, 2022, S.I. No. 73 of 2022 Civil Aviation (Approved Maintenance Organisations) Regulations, 2022, S.I. No. 78 of 2022 Civil Aviation (Operation of Aircraft-Commercial Air Transport Aeroplanes) Regulations, 2022, S.I. No. 84 of 2022 Civil Aviation (Operation of Aircraft) (Commercial Air Transport and General Aviation) (Helicopters) Regulations, 2022, S.I. No. 85 of 2022 Civil Aviation (Operation of Aircraft) (General Aviation) (Aeroplanes) Regulations, 2022, S.I. No. 86 of 2022 Civil Aviation (Personnel Licensing) Regulations, 2022, S.I. No. 89 of 2022 Civil Aviation (Safety Management) Regulations, 2022, S.I. No. 91 of 2022 Civil Aviation (Unmanned Aircraft Systems) Regulations, 2022, S.I. No. 96 2022

GEN. EDWARD KATUMBA-WAMALA (MP) Minister of Works and Transport.

STATUTORY INSTRUMENTS SUPPLEMENT No. 34 12th August, 2022

STATUTORY INSTRUMENTS SUPPLEMENT to The Uganda Gazette No. 50, Volume CXV, dated 12th June, 2022 Printed by UPPC, Entebbe, by Order of the Government.

S T A T U T O R Y I N S T R U M E N T S

2022 No. 84.

CIVIL AVIATION (OPERATION OF AIRCRAFT - COMMERCIAL AIR TRANSPORT AEROPLANES) REGULATIONS, 2022

ARRANGEMENT OF REGULATIONS

Regulation

Part VI

176. Qualifications of Flight Operations Officer or

Flight Dispatcher

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Qualifications of Flight Operations Officer or”.

“Flight Dispatcher”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Qualifications of Flight Operations Officer or”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
177. Initial training for flight operations officer

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Initial training for flight operations officer”.

“Initial training for flight operations officer”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Initial training for flight operations officer”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
178. Competence checks for flight operations officer

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Competence checks for flight operations officer”.

“Competence checks for flight operations officer”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Competence checks for flight operations officer”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
179. Line observations for flight operations officer

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Line observations for flight operations officer”.

“Line observations for flight operations officer”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Line observations for flight operations officer”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
180. Company procedures indoctrination

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Company procedures indoctrination”.

“Company procedures indoctrination”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Company procedures indoctrination”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
181. Recurrent training for flight operations officer

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Recurrent training for flight operations officer”.

“Recurrent training for flight operations officer”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Recurrent training for flight operations officer”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part VII

182. Flight manual, Pilot Operating Hand book or Owner's Manual

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Flight manual, Pilot Operating Hand book or Owner's Manual”.

“Flight manual, Pilot Operating Hand book or Owner's Manual”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Flight manual, Pilot Operating Hand book or Owner's Manual”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
183. Operator's maintenance control manual

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Operator's maintenance control manual”.

“Operator's maintenance control manual”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Operator's maintenance control manual”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
184. Maintenance programme

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Maintenance programme”.

“Maintenance programme”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Maintenance programme”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
185. Journey log book

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Journey log book”.

“Journey log book”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Journey log book”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
186. Records of emergency and survival equipment carried

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Records of emergency and survival equipment carried”.

“Records of emergency and survival equipment carried”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Records of emergency and survival equipment carried”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
187. Portable electronic devices

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Portable electronic devices”.

“Portable electronic devices”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Portable electronic devices”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
188. Flight recorder records

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Flight recorder records”.

“Flight recorder records”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Flight recorder records”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part III

25. Operating considerations and facilities
(1)

An operator shall ensure that a flight does not commence unless it has been ascertained by every reasonable means available that the ground or water facilities available and directly required on the flight, for the safe operation of the aeroplane and the protection of the passengers, are adequate for the type of operation under which the flight is to be conducted and are adequately operated for this purpose.

(2)

An operator shall ensure that a flight does not commence or continue as planned unless it has been ascertained by every reasonable means available that the airspace containing the intended route from aerodrome of departure to aerodrome of arrival, including the intended take-off, destination and en-route alternate aerodromes, can be safely used for the planned operation.

(3)

When intending to operate over or near conflict zones, a risk assessment shall be conducted and appropriate risk mitigation measures taken to ensure a safe flight.

(4)

An operator shall ensure that any inadequacy of facilities observed in the course of operations is reported to the authority responsible for them without undue delay.

(5)

Subject to their published conditions of use, aerodromes and their facilities shall be kept continuously available for flight operations during their published hours of operations, irrespective of weather conditions.

(6)

An operator shall, as part of the operator's safety management system, assess the level of Rescue and Firefighting Service (RFFS) protection available at any aerodrome intended to be specified in the operational flight plan in order to ensure that an acceptable level of protection is available for the aeroplane intended to be used.

(7)

Information related to the level of RFFS protection that is deemed acceptable by the operator shall be contained in the operations manual.

26. Air operator certificate
(1)

An operator shall not engage in commercial air transport operations unless in possession of a valid air operator certificate issued by the authority in accordance with the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022.

(2)

An air operator certificate shall authorise the operator to conduct commercial air transport operations in accordance with the operations specifications.

(3)

The issue of an air operator certificate by the authority shall depend upon the operator demonstrating an adequate organisation, method of control, supervision of flight operations, training programme, ground handling and maintenance arrangements consistent with the nature and extent of the operations specified.

(4)

An operator shall develop policies and procedures for third parties that perform work on the operator's behalf.

(5)

The continued validity of an air operator certificate shall depend upon the operator maintaining the requirements in subregulation (3), under the supervision of the authority.

(6)

The air operator certificate and the associated operation specifications shall be as prescribed in the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022. (7) The certification and the continued surveillance of the operator shall be carried out by the authority in accordance with the- (a) Civil Aviation (Air Operator Certification and Administration) Regulations, 2022; (b) Civil Aviation (Safety Management) Regulations, 2022; and (c) through the system and procedures specified in the applicable guidance materials to ensure the required standards of operations established in these Regulations are maintained.

27. Surveillance of operations by foreign operator
(1)

The authority shall, recognise an air operator certificate issued by another Contracting State as valid, where the requirements under which the certificate was issued are at least equal to the applicable standards specified in the applicable ICAO Annexes.

(2)

Foreign operators carrying out operations in Uganda territory shall be subject to surveillance by the authority as specified in the Civil Aviation (Commercial Air Transport Operations by Foreign Air Operator within Uganda) Regulations, 2022.

(3)

A foreign operator conducting aircraft operations in Uganda shall comply with the requirements of these Regulations and any other applicable regulations to meet and maintain the requirements established by the authority in which the operations are conducted.

28. Operations manual
(1)

An operator shall provide, for the use and guidance of operations personnel concerned, an approved operation manual as prescribed in the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022.

(2)

An operator shall amend or revise as is necessary the operations manual to ensure that the information contained therein is kept up to date and amendments or revisions shall be issued to all personnel that are required to use the manual.

(3)

An operator shall provide a copy of the operations manual together with all amendments or revisions, for review, acceptance or approval by the authority as appropriate.

(4)

An operator shall incorporate in the operations manual such mandatory material as the authority may require.

29. General operating instructions
(1)

An operator shall ensure that all operations personnel are properly instructed in their particular duties and responsibilities and the relationship of such duties to the operation as a whole. (2) An aeroplane shall not be taxied on the movement area of an aerodrome unless the person at the controls- (a) has been duly authorised by the operator or a designated agent;

(b)

is fully competent to taxi the aeroplane; (c) is qualified to use the radiotelephone; (d) has received instruction from a competent person in respect of aerodrome layout, routes, signs, marking, lights, air traffic control or ATC signals and instructions, phraseology and procedures; and (e) is able to conform to the operational standards required for safe aeroplane movement at the aerodrome.

(3)

An operator shall- (a) issue operating instructions; (b) provide information on aeroplane climb performance with all engines operating to enable the PIC to determine the climb gradient that can be achieved during the departure phase for the existing take-off conditions and intended take-off technique; and (c) include information under paragraph (b) in the operations manual.

30. In-flight simulation of emergency situations An

operator shall ensure that when passengers or cargo are being carried, no emergency or abnormal situations shall be simulated

31. Checklists
(1)

An operator shall- (a) provide normal, abnormal and emergency procedures checklists that shall be used by flight crew prior to, during and after all phases of operations; and (b) in an emergency, ensure compliance with the operating procedures contained in the aircraft operating manual and the aeroplane flight manual or other documents associated with the certificate of airworthiness and otherwise in the operations manual.

(2)

An operator shall observe human factors principles in the design and utilisation of the checklists referred to in subregulation (1).

32. Altimeter settings

A person operating an aircraft registered in Uganda shall set the aircraft altimeters to maintain the cruising altitude for flight level reference in accordance with the procedure notified by (a) the state where the aircraft may be; or (b) the aeronautical information publication of the State of the operator.

33. Operation of radio in aircraft
(1)

The radio station in an aircraft shall not be operated, whether or not the aircraft is in flight, except in accordance with the conditions of the licence issued in respect of that station under the law of the State of registry, and by a person duly licensed or otherwise permitted to operate the radio station under that law.

(2)

Subject to subregulations (3) and (4) whenever an aircraft is in flight in such circumstances that it is required under these Regulations to be equipped with radio communications apparatus, a continuous radio watch shall be maintained by a member of a flight crew listening to the signals transmitted upon the frequency notified, or designated by a message received from an appropriate aeronautical radio station, for use by that aircraft.

(3)

The radio watch may be discontinued or continued on another frequency to the extent that a message as aforesaid so permits.

(4)

The watch may be kept by a device installed in the aircraft where the appropriate aeronautical radio station has been informed to that effect and has raised no objection and that station is notified, or in the case of a station situated in a state other than Uganda, otherwise designated as transmitting a signal suitable for that purpose.

(5)

Whenever an aircraft is in flight in such circumstances that it is required under these Regulations to be equipped with radio or radio navigation equipment a member of the flight crew shall operate that equipment in such a manner as he or she may be instructed by the appropriate air traffic control unit or as may be notified in relation to any airspace in which the aircraft is flying.

(6)

The radio station in an aircraft shall not be operated so as to cause interference, that impairs the efficiency of aeronautical telecommunications or navigational services, and in particular emissions shall not be made except as follows- (a) emission of the class and frequency for the time being in use, in accordance with general international aeronautical practice, in the airspace in which the aircraft is flying; (b) distress, urgency and safety messages and signals, in accordance with general international aeronautical practice; (c) messages and signals relating to the flight of the aircraft, in accordance with general international aeronautical practice; and (d) such public correspondence messages as may be permitted by or under the aircraft radio station licence referred in subregulation (1). (7) A pilot or flight engineer shall not make use of a hand-held microphone, whether for the purpose of radio communication or of intercommunication within the aircraft, whilst the aircraft is flying in controlled airspace below flight level 150 or is taking off or landing, any aircraft registered in Uganda which is engaged on a flight for the purpose of commercial air transport operations.

(8)

An aircraft which is equipped with a radio station having a defect such as to impair the safety of the aircraft shall not undertake any flight until- (a) the aircraft has been rendered safe; or

(b)

where the defect occurs during flight, shall land as soon as possible unless the radio station can be and is speedily rendered safe for flight.

34. Minimum flight altitudes
(1)

An operator shall be permitted to establish minimum flight altitudes for those routes flown for which minimum flight altitudes have been established by the State flown over or the State of operator, provided that they shall not be less than those established by that State.

(2)

An operator shall specify the method by which it is intended to determine minimum flight altitudes for operations conducted over routes for which minimum flight altitudes have not been established by the State flown over or the State of operator, and shall include this method in the operations manual.

(3)

The minimum flight altitudes determined under subregulation (2) shall not be lower than the minimum flight altitudes prescribed in the Civil Aviation (Rules of the Air) Regulations, 2020.

(4)

The method for establishing the minimum flight altitudes shall be approved by the authority.

(5)

The authority shall approve minimum flight altitudes method after consideration of the probable effects of the following factors on the safety of the operation- (a) the accuracy and reliability with which the position of the aeroplane can be determined; (b) the inaccuracies in the indications of the altimeters used; (c) the characteristics of the terrain, including sudden changes in the elevation; (d) the probability of encountering unfavorable meteorological conditions, including severe turbulence and descending air currents;

(e)

possible inaccuracies in aeronautical charts; and (f) airspace restrictions.

35. Aerodrome operating minima
(1)

The authority shall require that the operator establish aerodrome operating minima for each aerodrome to be used in operations and shall approve the method of determination of such minima.

(2)

The aerodrome operating minima referred to in subregulation (1) shall, not be lower than any that may be established for such aerodromes by the State of the aerodrome, except when specifically approved by that State.

(3)

The authority shall authorise operational credit or credits for operations with advanced aeroplanes equipped with automatic landing systems, a HUD or equivalent displays, EVS, SVS or CVS.

(4)

Where the operational credit relates to low visibility operations, the State of the operator shall issue a specific approval.

(5)

The authorisations under subregulation (3) shall not affect the classification of the instrument approach procedure.

(6)

Subject to subregulation (4), "operational credit" includes- (a) for the purposes of an approach ban, a minimum below the aerodrome operating minima;

(b)

reducing or satisfying the visibility requirements; or

(c)

requiring fewer ground facilities as compensated for by airborne capabilities.

(7)

When issuing a specific for the operational credit, the authority shall ensure that-

(a)

the aeroplane meets the appropriate airworthiness certification requirements; (b) the information necessary to support effective crew tasks for the operation is appropriately available to both pilots where the number of flight crew members specified in the operational manual is more than one; (c) the operator has carried out a safety risk assessment of the operations supported by the equipment; (d) the operator has established and documented normal and abnormal procedures and MEL; (e) the operator has established a training programme for the flight crew members and relevant personnel involved in the flight operation; (f) the operator has established a system for data collection, evaluation and trend monitoring for low visibility operations, for which there is an operational credit; and (g) the operator has instituted appropriate procedures in respect of continuing airworthiness (maintenance and repair) practices and programmes.

(8)

An operator shall in establishing the aerodrome operating minima which applies to any particular operation take full account of the following- (a) the type, performance and handling characteristics of the aeroplane and any conditions or limitations stated in the flight manual; (b) the composition of the flight crew, their competence and experience; (c) the dimensions and characteristics of the runways which may be selected for use;

(d)

the adequacy and performance of the available visual and non-visual ground aids; (e) the equipment available on the aeroplane for the purpose of navigation, acquisition of visual references and control of the flight path during the approach, landing and the missed approach; (f) the obstacles in the approach and missed approach areas and the obstacle clearance altitude or height for the instrument approach procedures; (g) the means used to determine and report meteorological conditions; (h) the obstacles in the climb-out areas and necessary clearance margins; (i) the conditions prescribed in the operations specifications; and (j) any minima that may be promulgated by the State of the aerodrome.

(9)

Instrument approach operations shall be classified based on the designed lowest operating minima below which an approach operation shall only be continued with the required visual reference as follows- (a) Type A- a minimum descent height or decision height at or above 75 m or 250 ft; and (b) Type B- a decision height below 75 m or 250 ft which are categorised as follows- (i) Category I or CAT I- a decision height not lower than 60 m (200 ft) and with either a visibility not less than 800 m or a runway visual range not less than 550 m;

(ii)

Category II or CAT II- a decision height lower than 60 m or 200 ft but not lower than 30 m or 100 ft and a runway visual range not less than 300 m; and (iii) Category III or CAT III- a decision height lower than 30 m or 100 ft or no decision height and a runway visual range less than 300 m or no runway visual range limitations.

(10)

The authority shall issue a specific approval for instrument approach operations in low visibility which shall only be conducted when RVR information is provided.

(11)

Where there is take-off in low visibility, the authority shall issue a specific approval for the minimum take-off RVR.

(12)

For instrument approach operations, aerodrome operating minima below 800 m visibility shall not be authorised unless RVR information is provided. (13) The operating minima for 2D instrument approach operations using instrument approach procedures shall be determined by establishing a Minimum Descent Altitude (MDA) or Minimum Descent Height (MDH), minimum visibility and, where necessary, cloud conditions. (14) The operating minima for 3D instrument approach operations using instrument approach procedures shall be determined by establishing a Decision Altitude (DA) or Decision Height (DH) and the minimum visibility or RVR.

36. General operating rules Category II and Category III

Operations (1) A person shall not operate an aircraft in a category II or III operations unless- (a) the PIC and co-pilot of the aircraft hold the appropriate authorisations and ratings prescribed in the Civil Aviation (Personnel Licensing) Regulations, 2022;

(b)

the beach flight crew member has adequate knowledge of, and familiarity with, the aircraft and the procedures to be used; and (c) the instrument panel in front of the pilot who is controlling the aircraft has the appropriate instrumentation for the type of flight control guidance system that is being used.

(2)

A person shall not, unless with the authorisation of the authority, operate an aircraft in Category II or Category III operations unless each ground component required for that operation and the related airborne equipment is installed and operating.

(3)

Where the approach procedure being used provides for and requires the use of a decision height or decision altitude, the authorised Decision Height (DH) or Decision Altitude (DA) is the highest of the following- (a) the Decision Height (DH) or Decision Altitude (DA) prescribed in the approach procedure; (b) the Decision Height (DH) or Decision Altitude (DA) prescribed for the pilot in command; or (c) the Decision Height (DH) or Decision Altitude(DA) for which the aircraft is equipped.

(4)

A pilot operating an aircraft in a Category II or Category III approach that provides and requires use of a decision height or decision altitude shall not, unless with the authorisation of the authority, continue the approach below the authorised decision height unless-

(a)

the aircraft is in a position from which a descent to a landing on the intended runway can be made at a normal rate of descent using normal manoeuvres, and where that descent rate shall allow touchdown to occur within the touchdown zone of the runway of intended landing;

(b)

at least one of the following visual references for the intended runway is distinctly visible and identifiable to the pilot- (i) the approach light system, except that the pilot shall not descend below 100 ft above the touchdown zone elevation using the approach lights as a reference unless the red terminating bars or the red side row bars are also distinctly visible and identifiable; (ii) the threshold or the threshold markings; (iii) the threshold lights; (iv) the touchdown zone or touchdown zone markings; and (v) the touchdown zone lights.

(5)

A pilot operating an aircraft shall immediately execute an appropriate missed approach procedure whenever, prior to touchdown, where the requirements of subregulation (4) are not met.

(6)

A person operating an aircraft using a Category III approach without Decision Height (DH) shall not land that aircraft except in accordance with the operations specifications issued by the authority.

(7)

Subregulations (1) to (6) do not apply to operations conducted by Air Operator Certificate (AOC) holders issued with a certificate under the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022.

(8)

A person shall not operate an aircraft in a Category II or Category III operations conducted by an AOC holder unless the operation is conducted in accordance with that AOC holder's specific operations specifications.

37. Category II and Category III operations manual
(1)

Except as provided in subregulation (3), a person shall not operate an aircraft in a Category II or a Category III operation unless- (a) there is available in the aircraft a current and approved Category II or Category III manual, as appropriate, for that aircraft; (b) the operation is conducted in accordance with the procedures, instructions, and limitations in the appropriate manual; and (c) the instruments and equipment listed in the manual that are required for a particular Category II or Category III operation have been inspected and maintained in accordance with the approved maintenance programme.

(2)

An operator shall keep a current copy of each approved manual at its principal base of operations and shall make each manual available for inspection upon request by the authority.

(3)

Subregulations (1) and (2) do not apply to operations conducted by an Air Operator Certificate holder issued under the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022.

(4)

An applicant for approval of a Category II or III operations manual or an amendment to an approved Category II operations manual shall submit the proposed manual or amendment to the authority.

(5)

Where the application made under these Regulations is a request for an evaluation programme, the application shall include the following- (a) the location of the aircraft and the place where the demonstrations are to be conducted; and (b) the date the demonstrations are to commence at least ten days after filing the application.

(6)

A Category II or III operations manual shall contain- (a) the registration number, make, and model of the aircraft to which it applies; (b) a maintenance programme; and (c) the procedures and instructions related to- (i) recognition of decision height or decision altitude; (ii) use of runway visual range information; (iii) approach monitoring; (iv) the decision region, which is the region between the middle marker and the decision height or decision altitude; (v) the maximum permissible deviations of the basic instrument landing system indicator within the decision region; (vi) a missed approach procedure; (vii) use of airborne low approach equipment; (viii) minimum altitude for the use of the autopilot; (ix) instrument and equipment failure warning systems; (x) instrument failure; and (xi) other procedures, instructions, and limitations as the Authority may deem necessary.

38. Threshold crossing height for 3D instrument approach

operations An operator shall establish operational procedures designed to ensure that an aeroplane being used to conduct 3D instrument approach operations crosses the threshold by a safe margin, with the aeroplane in the landing configuration and attitude.

39. Fuel and oil records
(1)

An operator shall maintain fuel records to enable the authority to ascertain that, for each flight, the requirements of regulations 76 and 77 have been complied with.

(2)

The operator shall maintain oil records to enable the authority to ascertain that trends for oil consumption are such that an aeroplane has sufficient oil to complete each flight.

(3)

Fuel and oil records shall be retained by the operator for a period of three months.

40. Crew for Pilot - In- Command (PIC)
(1)

An operator shall designate one pilot for each flight to act as PIC.

(2)

For each flight of an aeroplane above 15,000 m or 49,000 ft, an operator shall maintain records to determine the total cosmic radiation dose received by each crew member over a period of twelve consecutive months can be determined.

41. Pre-flight action A PIC of an

aircraft registered in Uganda shall satisfy himself or herself before the flight is commenced that (a) the flight can safely be made, taking into account the latest information available as to the route and aerodromes to be used, the weather reports and forecasts available, and any alternative cause of action which can be adopted in case the flight cannot be completed as planned; (b) the equipment, including radio apparatus required by these Regulations to be carried is carried and is in a fit condition for use; (c) that the aircraft is in every way fit for the intended flight, and that, where a certificate of release to service is required by the Civil Aviation (Airworthiness of Aircraft)

Regulations, 2022 is in force and shall not cease to be in force during the intended flight; and (d) that the load carried by the aircraft is of such weight, and is so distributed and secured, that it shall safely be carried on the intended flight.

42. Loading of aircraft
(1)

An AOC holder shall not cause or permit an aircraft to be loaded for a flight for the purpose of commercial air transport except under the supervision of a person who the AOC holder has caused to be furnished with written instructions as to the distribution and securing of the load so as to ensure that- (a) the load shall safely be carried on the flight; and (b) any condition subject to which the certificate of airworthiness in force in respect of the aircraft was issued or rendered valid, being conditions relating to the loading of the aircraft are complied with.

(2)

The instructions referred to under subregulation (1), shall- (a) indicate the mass of the aircraft prepared for service, that is, the aggregate of the basic mass and the mass of such additional items in or on the aircraft as the operator may include; (b) indicate the additional items included in the mass of the aircraft prepared for service; and (c) show the position of the centre of gravity of the aircraft at that mass.

(3)

Subregulation (2), shall not apply in relation to a flight, where- (a) the authorised maximum take-off mass of an aircraft does not exceed 1,150 kilograms; or

(b)

the authorised maximum take-off mass of an aircraft does not exceed 2,730 kilograms; and (c) the flight is not intended to exceed sixty minutes in duration and is either a flight- (i) solely for training persons to perform duties in an aircraft; or (ii) intended to begin and end at the same aerodrome.

(4)

An operator of an aircraft shall not cause or permit the aircraft to be loaded in contravention of the instructions specified in subregulation (1).

(5)

A person supervising the loading of the aircraft shall before the commencement of a flight- (a) prepare and sign a load sheet in duplicate conforming to the requirements specified in subregulation (9); and (b) submit the load sheet for examination by the PIC of the aircraft who shall, upon being satisfied that the aircraft is loaded in the manner required by subregulation (1), sign his or her name thereon.

(6)

Subregulation (5) shall not apply where the operator is the PIC of the aircraft.

(7)

The requirements of subregulation (5) shall not apply where- (a) the load, the distribution and securing thereof upon the next intended flight are to be unchanged from the previous flight and the PIC of the aircraft makes and signs an endorsement to that effect upon the load sheet for the previous flight, indicating the date of the endorsement, the place of departure upon the next intended flight and the next intended destination; or

(b)

as set out in subregulation (3) and (2) does not apply in relation to the flight.

(8)

A pilot operating an aircraft shall ensure that one copy of the load sheet- (a) is carried in the aircraft when so required by these Regulations, until the flights to which the load sheet relates have been completed; and (b) the instruction referred to in this regulation shall be preserved by the operator until the expiration of a period of 6 months thereafter, and shall not be carried in the aircraft.

(9)

A load sheet required under subregulation (5) shall contain- (a) the nationality and registration marks of the aircraft to which the load sheet relates; (b) particulars of the flight to which the load sheet relates; (c) the total mass of the aircraft as loaded for the flight; (d) the mass of the several items from which the total mass of the aircraft loaded, has been calculated including in particular the mass of the aircraft prepared for service and the respective total mass of the passengers, crew, baggage and cargo intended to be carried on the flight; (e) the manner in which the load is distributed and the resulting position of the centre of gravity of the aircraft which shall be given approximately to the extent that the relevant certificate of airworthiness so permits; and (f) at the foot or end of the load sheet, a certificate signed by the person referred to under subegulation (1), as responsible for the loading of the aircraft, stating that the aircraft has been loaded in accordance with the written instructions furnished to him or her by the operator of the aircraft.

(10)

For the purpose of calculating the total mass of the aircraft, the respective total mass of the passengers and crew entered in the load sheet shall be computed from the actual mass of each person, and for that purpose each person shall be separately weighed unless subregulations (11), (12) and (13) applies.

(11)

When determining the actual mass by weighing, an operator shall ensure that passengers' personal belongings and hand baggage are included and such weighing shall be conducted immediately prior to boarding and at an adjacent location.

(12)

An operator shall compute the mass of passengers and checked baggage using the standard mass values specified in Tables 1 and 2 except where the number of passenger seats available is less than ten.

(13)

The standard mass values include hand baggage and the mass of any infant below two years of age carried by an adult on one passenger seat and infants occupying separate passenger seats shall be considered as children for the purpose of this regulation.

(14)

In cases where the number of passenger seats available is less than ten, passenger mass shall be established for each individual passenger and these procedures shall be included in the operations manual.

(15)

On flights where no hand baggage is carried in the cabin or where hand baggage is accounted for separately- (a) 6 kilograms may be deducted from the male and female masses in Table 1 below; and (b) articles such as an overcoat, an umbrella, a small handbag or purse, reading material or a small camera are not considered as hand baggage for the purpose of this regulation;

TABLE 1 Regulation 42(15)(a)

TABLE 1 -COMPUTATION OF MASS OF PASSENGERS

(16)

Where the total number of passenger seats available on the aircraft is twenty or more the standard mass values given in Table 2 are applicable for each piece of checked baggage and for aircraft with less than twenty passenger seats the actual mass of checked baggage, determined by weighing , shall be used.

TABLE 2 Regulation 42(16)

TABLE 2 BAGGAGE STANDARD MASS

(17)

Where subregulations (10), (11) and (13) are applied, the load sheet shall bear a notation to that effect.

(18)

Where sub-regulations (11), (12) and (14) may apply, the PIC shall, where the standard masses described in subregulation (11) appear to be inapplicable or doing so is in the interests of safety of the aircraft, require any or all of the passengers, crew and cargo to actually be weighed for the purpose of the entry to be made in the load sheet.

43. Stowage of baggage and cargo
(1)

An operator shall establish procedures to ensure that only hand baggage is taken into the passenger cabin as can be adequately and securely stowed.

(2)

An operator shall establish procedures to ensure that all baggage and cargo on board, which might cause injury or damage, or obstruct aisles and exits when displaced, is placed in storages designed to prevent its movement.

(3)

The procedure referred to in subregulation (2) shall provide that- (a) each item carried in the cabin shall be stowed only in a location that is capable of restraining it; (b) mass limitations placarded on or adjacent to stowages shall not be exceeded; (c) under a seat, stowages shall not be used unless the seat is equipped with a restraint bar and the baggage is of such size that it may adequately be restrained by this equipment; (d) items shall not be stowed in toilets or against bulkheads that are incapable of restraining articles against movement forwards, sideways or upwards and unless the bulkheads carry a placard specifying the greatest mass that may be placed there; (e) baggage and cargo placed in lockers shall not be of such size that they prevent latched doors from being closed securely; (f) baggage and cargo shall not be placed where it can impede access to emergency equipment; and (g) checks shall be made before take-off, before landing and whenever the fasten seat belts signs are illuminated or it is otherwise so ordered to ensure that baggage is stowed where it cannot impede evacuation from the aircraft or cause injury by falling or other movement, as may be appropriate to the phase of flight.

44. Passengers
(1)

An operator shall ensure that passengers are made familiar with the location and use of- (a) seat belts; (b) emergency exits; (c) life jackets, where the carriage of life jackets is prescribed; (d) oxygen dispensing equipment, where the provision of oxygen for the use of passengers is prescribed; and (e) other emergency equipment provided for individual use, including passenger emergency briefing cards.

(2)

An operator shall inform the passengers of the location and general manner of use of the principal emergency equipment carried for collective use.

(3)

An operator shall ensure that in an emergency during flight, passengers are instructed in such emergency action as may be appropriate to the circumstances.

(4)

An operator shall ensure that, during take-off and landing and whenever considered necessary by reason of turbulence or any emergency occurring during flight, all passengers on board an aeroplane shall be secured in their seats by means of the seat belts or harnesses provided.

45. Required passenger briefings
(1)

A pilot shall not commence a take-off unless the passengers are briefed prior to take-off in accordance with the AOC holder's operations manual procedures on- (a) smoking limitations and prohibitions; (b) emergency exit location and use; (c) use of safety belts;

(d)

emergency floatation means location and use; (e) location and the general manner of use of the principal emergency equipment for collective use; (f) fire extinguisher location and operation; (g) placement of seat backs; (h) when flight is above 12,000 ft above mean sea level, the normal and emergency use of oxygen; and (i) the passenger briefing card.

(2)

The PIC shall, immediately before or after turning the seat belt sign off, ensure that the passengers are briefed to keep their seat belts fastened while seated, even when the seat belt sign is off.

(3)

The PIC shall, before take-off, ensure that persons of reduced mobility are personally briefed on the- (a) route to the most appropriate exit; and (b) time to begin moving to the exit in the event of an emergency.

(4)

The PIC operating a commercial air transport operations flight shall ensure that the briefing specified in this regulation contains all the objects approved for the specific operations conducted as included in the relevant operations manual.

(5)

An operator shall ensure that during take-off and landing and whenever, by reason of turbulence or any emergency occurring during flight the precaution is considered necessary, all passengers on board an aeroplane are secured in their seats by means of seat belts or harnesses provided.

46. Carriage of persons with reduced mobility A PIC shall ensure that

a person with reduced mobility does not occupy a seat that (a) impedes the crew in their duties;

(b)

obstructs access to emergency equipment; or (c) impedes the emergency evacuation of the aircraft.

47. Exit row seating
(1)

A PIC shall ensure that a passenger does not sit in an emergency exit row where the PIC determines that it is likely that in case of an emergency, the passenger would be unable to understand and perform the functions necessary to open an exit and to exit rapidly.

(2)

A PIC shall ensure that a person is not seated in a passenger exit seat where it is likely that the person would be unable to perform one or more of the applicable functions listed below- (a) lacks sufficient mobility, strength or dexterity in both arms and hands, and both legs to- (i) reach upward, sideways and downward to the location of emergency exit and exit-slide operating mechanisms; (ii) grasp and push, pull, turn, or otherwise manipulate those mechanisms; (iii) push, shove, pull, or otherwise open emergency exits; (iv) lift out, hold, deposit on nearby seats or manoeuvre over the seatbacks to the next row objects the size and weight of over-wing window exit doors; (v) remove obstructions of size and weight similar over- wing exit doors; (vi) reach the emergency exit expeditiously; (vii) maintain balance while removing obstructions; (viii) exit expeditiously; (ix) stabilise an escape slide after deployment; and

(x)

assist others in getting off an escape slide.

(b)

is less than fifteen years of age or lacks the capacity to perform one or more of the applicable functions listed in this regulation without assistance; (c) lacks the ability to read and understand instructions required by this regulation and related to emergency evacuation provided by the AOC holder in printed or graphic form or the ability to understand oral crew commands; (d) lacks sufficient visual capacity to perform one or more of the functions specified in paragraph (a) up to (c) without the assistance of visual aids beyond contact lenses or eyeglasses; (e) lacks sufficient aural capacity to hear and understand instructions given by cabin crew members, without assistance beyond a hearing aid; (f) lacks the ability to adequately impart information orally to other passengers; (g) has a condition or responsibilities, such as caring for small children, that might prevent the person from performing one or more of the functions listed in this regulation; or (h) has a condition that might cause the person harm where he or she performs one or more of the functions listed in this regulation.

(3)

Cabin crew members shall determine the suitability of a person permitted to occupy an exit seat.

(4)

Where a cabin crew member determines that a passenger assigned to an exit seat would be unable to perform the emergency exit functions, or a passenger requests a non-exit seat, the cabin crew member shall expeditiously relocate the passenger to a non-exit seat.

(5)

In the event of full booking in the non-exit seats, and where necessary to accommodate a passenger being relocated from an exit seat, the cabin crew member shall move a passenger who is willing and able to assume the evacuation functions, to an exit seat. (6) An AOC holder shall ensure that a ticket agent- (a) assigns seats consistent with the passenger selection criteria and the emergency exit functions, to the maximum extent feasible, prior to boarding; (b) makes available for inspection by the public at all passenger loading gates and ticket counters at each aerodrome where it conducts passenger operations, written procedures established for making determinations in regard to exit row seating.

(7)

A cabin crew member shall include in the passenger briefings- (a) a request for a passenger to identify himself or herself to allow reseating where the passenger- (i) cannot meet the selection criteria; (ii) has a non-discernible condition that shall prevent them from performing the evacuation functions; (iii) may suffer bodily harm as a result of performing one or more of those functions; or (iv) does not wish to perform emergency exit functions; and (b) a reference to the passenger information cards and the functions to be performed in an emergency.

(8)

A passenger shall comply with instructions given by a crew member or other authorised employee of the AOC holder implementing exit seating restrictions. (9) A PIC shall not allow taxi or pushback of an aircraft unless at least one required crew member has verified that all exit rows and escape paths are unobstructed and that no exit seat is occupied by a person the crew member determines is likely to be unable to perform the applicable evacuation functions.

(10)

An AOC holder, in order to comply with this regulation, shall- (a) establish procedures that address the requirements of this regulation; and (b) submit their procedures for preliminary review and approval to the authority.

(11)

The procedures required by this regulation shall not become effective unless they are approved by the authority.

(12)

The approval by the authority referred to under subregulation (11), shall be based on the safety aspects of the procedures of the AOC holder.

48. Passenger seat belts
(1)

A passenger occupying a seat or berth shall fasten his or her safety belt and keep it fastened while the sign is lighted or, in an aircraft not equipped with such a sign, whenever instructed by a PIC.

(2)

A passenger safety belt shall not be used by more than one occupant during take- off and landing.

(3)

At each unoccupied seat, the safety belt and shoulder harness, where installed, shall be secured not to interfere with a crew member in the performance of his or her duties or with the rapid egress of occupants in an emergency.

(4)

A person who is below two years of age may be held by an adult who is occupying a seat or berth.

(5)

A berth, such as a multiple lounge or divan seat, may be occupied by two persons provided it is equipped with an approved safety belt for each person and is used during en route flight only.

49. Passenger seat backs
(1)

A PIC shall not allow the take-off or landing of an aircraft unless each passenger seat back is in the upright position.

(2)

Exceptions to the requirement referred to under subregulation (1) shall only be made in accordance with procedures in the air operator certificate holder's operations manual provided the seat back does not obstruct any access of a passenger to the aisle or to any emergency exit.

50. Stowage of food, beverage and passenger service A PIC shall not allow the movement of an aircraft

on the surface, takeoff or landing (a) where any food, beverage or tableware furnished by the air operator certificate holder is located at any passenger seat; and (b) unless each food and beverage tray and seat back tray table is in the stowed position.

51. Securing of items in mass in

passenger compartment A PIC shall not allow (a) the take-off or landing of an aircraft unless each item of mass in the passenger cabin is properly secured to prevent it from becoming a hazard during taxi, take-off and landing and during turbulent weather conditions; or (b) an aircraft to move on ground, take-off or land unless each passenger serving cart is secured in its stowed position.

52. Unacceptable conduct

A person on board an aircraft shall not (a) interfere with a crew member in the performance of his or her duties;

(b)

refuse to fasten his or her seat belt and keep it fastened while the seat belt sign is lighted; (c) willfully, recklessly or negligently act or omit to act- (i) to endanger an aircraft or persons and property therein; and (ii) to cause or permit an aeroplane to endanger any person or property; (d) secrete himself or herself nor secrete cargo on board an aircraft; (e) smoke while the no-smoking sign is lighted; (f) smoke in any aircraft lavatory; (g) tamper with, disable or destroy any smoke detector installed in any aircraft lavatory; or (h) willfully, recklessly or negligently imperil the safety of an aircraft or any person on board, whether by interference with any crew member, or by tampering with the aircraft or its equipment, or by disorderly conduct by any other means.

53. Alcohol or drugs
(1)

An officer in charge shall not permit any person who appears to be intoxicated or who demonstrates, by manner or physical indications, that that person is intoxicated to- (a) board an aircraft; or (b) while on board the aircraft be served alcohol.

(2)

A person shall not- (a) board an aircraft while intoxicated or under the influence of drugs; or (b) while on board the aircraft, be intoxicated or under the influence of drugs.

54. Carriage of munitions of war
(1)

A civil passenger aircraft shall not carry munitions of war.

(2)

A person shall not take or cause to be taken on board an aircraft, or deliver or cause to be delivered for carriage thereon, any goods which that person knows or has reason to believe or suspect to be munitions of war.

(3)

Without prejudice to subregulations (1) and (2), a person shall not carry or have in his or her charge any weapon on board an aircraft registered in Uganda, provided that a weapon, not being munitions of war, may be carried as passenger's baggage where it is stowed in the part of the aircraft inaccessible to passengers and, in the case of a firearm, it is not loaded.

(4)

For the purposes of this regulation, "munitions of war" means such weapons, ammunitions, articles, materials or devices as are intended or adapted for the use in war fare.

(5)

Nothing in this regulation shall apply to weapons or ammunition taken or carried on board an aircraft where the weapons or ammunition may, under the law of the State in which the aircraft is registered, be lawfully taken or carried on board for the purpose of ensuring the safety of the aircraft or of the persons on board.

55. Prohibition against carriage of weapons

A person shall not, while on board an aircraft being operated in commercial air transport operation, carry a deadly or dangerous weapon, whether concealed or unconcealed

56. Least - risk bomb location and stowage of weapons
(1)

Specialised means of attenuating and directing the blast shall be provided for use at the least-risk bomb location by the State of Design.

(2)

Where an operator accepts the carriage of weapons removed from passengers, the weapons shall be stowed in a place which is inaccessible to any other person during flight time.

57. Passenger compliance with instructions A passenger on a commercial air transport operation flight shall comply with instructions given by a crew member in compliance with

these Regulations

58. Denial of transportation An Air Operator

Certificate holder may deny transportation to a passenger who (a) refuses to comply with the instructions regarding exit seating restrictions in these Regulations; or (b) has a handicap that can be physically accommodated only through causing an obstruction to the safe evacuation of other passengers from the aircraft as provided for in these Regulations.

59. Passenger information signs A PIC of an aircraft shall turn on required

passenger information signs during any movement on ground, for each take-off and each landing, and where otherwise considered to be necessary

60. Carrying requirements for carriage of persons without compliance with passenger A PIC or an operator shall not allow

a person to be carried without compliance to the passenger carrying requirements unless there is an approved seat with an approved seat belt for that person, and (a) the seat is located where the occupant does not in any position interfere with a flight crew member performing his or her duties; (b) there is unobstructed access from the approved seat to the flight deck or a regular or emergency exit; (c) there is a means for notifying that person where smoking is prohibited and when seat belts are to be fastened; and (d) that person has been orally briefed by a crew member on the use of emergency equipment and exits.

61. Evacuation capability A PIC or other person assigned by the AOC holder shall ensure that, when passengers are on board the aircraft prior to movement

on the surface, at least one floor-level exit provides for egress of passengers through normal or emergency means

62. Flight Preparation
(1)

A flight shall not be commenced until flight preparation forms have been completed certifying that the PIC is satisfied that- (a) the aeroplane is airworthy and the appropriate certificates of airworthiness and certificate of registration are on board the aeroplane; (b) the instruments and equipment prescribed in the Civil Aviation (Aircraft Instruments and Equipment) Regulations, 2022 for the particular type of operation to be undertaken, are installed and are sufficient for the flight; (c) a maintenance release as prescribed in the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022 has been issued in respect of the aeroplane; (d) the mass of the aeroplane and center of gravity location are such that the flight can be conducted safely, taking into account the flight conditions expected; (e) any load carried is properly distributed and safely secured; (f) a check has been completed indicating that the operating limitations in Part IV of these Regulations can be complied with for the flight to be undertaken; and (g) the requirements in regulation 64 have been complied with.

(2)

The operator shall keep completed flight preparation forms for a period of three months.

63. Operational flight planning
(1)

An operational flight plan shall be completed for every intended flight.

(2)

The operational flight plan shall be approved and signed by the PIC and, where applicable, signed by the flight operations officer or flight dispatcher, and a copy shall be filed with the operator or a designated agent, or, if these procedures are not possible, it shall be left with the aerodrome authority or on record in a suitable place at the point of departure. (3) The operations manual shall describe the content and use of the operational flight plan.

64. En-route limitations for all engines operating
(1)

A PIC shall not commence a flight in a reciprocating engine powered aeroplane used in commercial air transport operation at a weight that does not allow a rate of climb of at least 6.9 Vso with all engines operating, at an altitude of at least 300 m or 1,000 ft above all terrain and obstructions within ten miles of each side of the intended track. (2) For the purpose of this regulation "6.9 Vso" means the number of feet per minute obtained by multiplying the aircraft's minimum steady flight speed by 6.9.

65. En-route limitations for one engine inoperative
(1)

A PIC shall ensure that the one engine inoperative enroute net flight path data shown in the aeroplane flight manual, appropriate to the meteorological conditions expected for the flight, complies with either subregulation (2) or (3) at all points along the route. (2) The net flight path shall have a positive gradient at 1,500 ft above the aerodrome where the landing is assumed to be made after engine failure, in meteorological conditions requiring the operation of ice protection systems, the effect of their use on the net flight path shall be taken into account. (3) The gradient of the net flight path shall be positive at least

1,000 ft above all terrain and obstructions along the route within 9.3 km or 5 nm on either side of the intended track.

(4)

The net flight path shall permit the aeroplane to continue flight from the cruise altitude to an aerodrome where landing can be made in accordance with regulation 126 as appropriate, the net flight path clearing vertically, by at least 2,000 ft, all terrain and obstructions along the route within 9.3 km or 5 nm on either side of the intended track in accordance with the following- (a) the engine is assumed to fail at the most critical point along the route; (b) account is taken of the effects of winds on the flight path; (c) fuel jettisoning is permitted to an extent consistent with reaching the aerodrome with the required fuel reserves, when a safe procedure is used; and (d) the aerodrome where the aeroplane is assumed to land after engine failure shall meet the following criteria- (i) the performance requirements at the expected landing mass are met; and (ii) weather reports or forecasts or any combination thereof, and field condition reports indicate that a safe landing can be accomplished at the estimated time of landing.

(5)

A PIC shall increase the width margins of subregulation (4) to 18.5 km or 10 nm where the navigational accuracy does not meet the 95% containment level.

66. En - route limitation for three or more engines with two

engines inoperative (1) A PIC may not take-off an aeroplane used in a commercial air transport operation having three or more engines at such a weight where there is no suitable landing aerodrome within ninety minutes at any point along the intended route, with all engines operating at

cruising power, unless that aircraft can, in the event of simultaneous power failure of two critical engines at the most critical point along that route, continue to a suitable landing aerodrome while complying with the requirements of subregulations (2), (3),(4), (5) and (6).

(2)

The two engines inoperative en-route net flight path data shall permit the aeroplane to continue the flight, in the expected meteorological conditions, from the point where two engines are assumed to fail simultaneously, to an aerodrome at which it is possible to land and come to a complete stop when using the prescribed procedure for a landing with two engines inoperative.

(3)

The net flight path referred to in subregulation (2) shall clear vertically, by at least 2,000 ft all terrain and obstacles along the route within 9.3 km or 5 nm on either side of the intended track.

(4)

A PIC shall increase the width margin given above to 18.5 km or 10 nm, where altitudes in meteorological conditions requiring ice protection systems to be operable, the effect of their use on the net flight path data shall be taken into account, and when the navigational accuracy does not meet the 95% containment level.

(5)

Subject to this regulation, the two engines are assumed to fail at the most critical point of that portion of the route where the aeroplane is more than ninety minutes, at the all engines long range cruising speed at standard temperature in still air, away from an aerodrome at which the performance requirements applicable at the expected landing mass are met.

(6)

Subject to this regulation, the net flight path shall have a positive gradient at 1,500 ft above the aerodrome where the landing is assumed to be made after the failure of two engines.

(7)

Fuel jettisoning in an aeroplane referred to in this regulation is permitted to an extent consistent with reaching the aerodrome with the required fuel reserves, where a safe procedure is used. (8) The expected mass of the aeroplane at the point where the two engines are assumed to fail shall not be less than that which would include sufficient fuel to proceed to an aerodrome where the landing is assumed to be made, and to arrive there at least 1,500 ft directly over the landing area and thereafter to fly level for fifteen minutes. (9) For the purposes of this regulations "fuel jettisoning" means the intentional, controlled, dumping of fuel from an aircraft whilst in flight.

67. Take-off alternate aerodrome
(1)

A take-off alternate aerodrome shall be selected and specified in the operational flight plan where either the meteorological conditions at the aerodrome of departure are below the operator's established aerodrome landing minima for that operation or where it would not be possible to return to the aerodrome of departure for other reasons. (2) A take-off alternate aerodrome shall be located within the following flight time from the aerodrome of departure- (a) for aeroplanes with two engines, one hour of flight time at a one-engine-inoperative cruising speed, determined from the aircraft operating manual, calculated in International Standard Atmosphere or ISA and still-air conditions using the actual take-off mass; (b) for aeroplanes with three or more engines, two hours of flight time at an all engines operating cruising speed, determined from the aircraft operating manual, calculated in ISA and still-air conditions using the actual take-off mass; or (c) for aeroplanes engaged in extended diversion time operations or EDTO where an alternate aerodrome meeting the distance criteria under paragraphs (a) or (b) is not available, the first available alternate aerodrome located within the distance of the operator's specified maximum diversion time considering the actual take-off mass.

(3)

For an aerodrome to be selected as a take-off alternate, the available information shall indicate that, at the estimated time of use, the conditions shall be at or above the operator's established aerodrome operating minima for that operation.

68. En-route alternate aerodromes

En-route alternate aerodromes, required under regulation 105 for extended diversion time operations (EDTO) by aeroplanes with two turbine engines shall be selected and specified in the operational and air traffic services or ATS flight plans

69. Destination alternate aerodromes
(1)

For a flight to be conducted in accordance with the instrument flight rules, at least one destination alternate aerodrome shall be selected and specified in the operational and Air Traffic Services (ATS) flight plans, unless- (a) the duration of the flight from the departure aerodrome, or from the point of in-flight re-planning, to the destination aerodrome is such that, taking into account all meteorological conditions and operational information relevant to the flight, at the estimated time of use, a reasonable certainty exists that- (i) the approach and landing may be made under visual meteorological conditions; and (ii) separate runways are usable at the estimated time of use of the destination aerodrome with at least one runway having an operational instrument approach procedure; or (b) the aerodrome is isolated and operations into isolated aerodromes do not require the selection of a destination alternate aerodrome or aerodromes and shall be planned in accordance with regulation 76(3)(d)(iv)- (i) for each flight into an isolated aerodrome, a point of no return shall be determined; and

(ii)

a flight to be conducted to an isolated aerodrome shall not be continued past the point of no return unless a current assessment of meteorological conditions, traffic and other operational conditions indicate that a safe landing can be made at the estimated time of use.

(2)

Two destination alternate aerodromes shall be selected and specified in the operational and ATS flight plans where, for the destination aerodrome- (a) meteorological conditions at the estimated time of use are below the operator's established aerodrome operating minima for that operation; or (b) meteorological information is not available.

(3)

Notwithstanding subregulations (1), (2) and regulation 68, the authority may, based on the results of a specific safety risk assessment conducted by the operator which demonstrates how an equivalent level of safety shall be maintained, approve operational variations to alternate aerodrome selection criteria, and the specific safety risk assessment shall, include- (a) capabilities of the operator; (b) overall capability of the aeroplane and its systems; (c) available aerodrome technologies, capabilities and infrastructure; (d) quality and reliability of meteorological information; (e) identified hazards and safety risks associated with each alternate aerodrome variation; and (f) specific mitigation measures.

70. Continuation of flight when destination aerodrome is

temporarily restricted (1) A PIC shall not allow a flight to continue toward any aerodrome of intended landing where the commercial air transport operations are restricted or suspended, unless-

(a)

in the opinion of the PIC, the conditions that are a hazard to safe operations may reasonably be expected to be corrected or have improved by the estimated time of arrival; or (b) there is no safer procedure.

71. Restriction or suspension of operations

Where an AOC holder knows of conditions, including aerodrome and runway conditions, that are a hazard to safe operations, that PIC or AOC holder shall restrict or suspend all commercial air transport operations to such aerodromes and runways as necessary until those conditions are corrected or have improved

72. Meteorological conditions for Visual Flight Rules (VFR)

flights A flight to be conducted in accordance with VFR shall not be commenced unless current meteorological reports or a combination of current reports and forecasts indicate that the meteorological conditions along the route or that part of the route to be flown under VFR will, at the appropriate time, be such as to enable compliance with the Regulations

73. Meteorological conditions for Instrument Flight Rules (IFR)

flights A flight to be conducted in accordance with the Instrument Flight Rules shall not- (a) take off from the departure aerodrome unless the meteorological conditions, at the time of use, are at or above the operator's established aerodrome operating minima for that operation; and (b) take off or continue beyond the point of in-flight re- planning unless at the aerodrome of intended landing or at each alternate aerodrome to be selected in compliance with regulations 68, 69 and 70 current meteorological reports or a combination of current reports and forecasts indicate that the meteorological conditions shall be, at the

estimated time of use, at or above the operator's established aerodrome operating minima for that operation.

74. Visibility or cloud base
(1)

An operator shall specify appropriate incremental values for height of cloud base and visibility, acceptable to the authority, to be added to the operator's established aerodrome operating minima to ensure that an adequate margin of safety is observed in determining whether or not an approach and landing can be safely carried out at each alternate aerodrome,

(2)

The authority shall approve a margin of time established by the operator for the estimated time of use of an aerodrome.

75. Icing conditions
(1)

A flight to be operated in known or expected icing conditions shall not be commenced unless the aeroplane is certificated and equipped to cope with such conditions.

(2)

A flight to be planned or expected to operate in suspected or known ground icing conditions shall not take off unless the aeroplane has been inspected for icing and, where necessary, has been given appropriate de-icing or anti-icing treatment.

(3)

The operator shall remove accumulation of ice or other naturally occurring contaminants so that the aeroplane is kept in an airworthy condition prior to take-off.

76. Fuel requirements
(1)

An aeroplane shall carry a sufficient amount of usable fuel to complete the planned flight safely and to allow for deviations from the planned operation.

(2)

The amount of usable fuel to be carried shall, as a minimum, be based on- (a) the following data-

(i)

current aeroplane-specific data derived from a fuel consumption monitoring system, where available; or (ii) where current aeroplane-specific data is not available, data provided by the aeroplane manufacturer; and

(b)

the operating conditions for the planned flight including-

(i)

anticipated aeroplane mass;

(ii)

current meteorological reports or a combination of current reports and forecasts;

(iii)

air traffic services procedures, restrictions and anticipated delays; and

(iv)

the effects of deferred maintenance items and configuration deviations.

(3)

The pre-flight calculation of usable fuel required shall include- (a) taxi fuel, which shall be the amount of fuel expected to be consumed before take-off, taking into account local conditions at the departure aerodrome and auxiliary power unit or APU fuel consumption; (b) trip fuel, which shall be the amount of fuel required to enable the aeroplane to fly from take-off, or the point of inflight re-planning, until landing at the destination aerodrome taking into account the operating conditions of subregulation (2); (c) contingency fuel, which shall be the amount of fuel required to compensate for unforeseen factors and it shall be 5% of the planned trip fuel or of the fuel required from the point of in-flight re-planning based on the consumption rate used to plan the trip fuel but, in any case, shall not be lower than the amount required to fly for 5 minutes at holding speed at 450 m or 1,500 ft above the destination aerodrome in standard conditions; (d) destination alternate fuel, shall be- (i) where a destination alternate aerodrome is required, the amount of fuel required to enable the aeroplane to- (aa) perform a missed approach at the destination aerodrome; (bb) climb to the expected cruising altitude; (cc) fly the expected routing; (dd) descend to the point where the expected approach is initiated; and (ee) conduct the approach and landing at the destination alternate aerodrome; or (ii) where two destination alternate aerodromes are required, the amount of fuel, as calculated in paragraph (i), required to enable the aeroplane to proceed to the destination alternate aerodrome which requires the greater amount of alternate fuel; or (iii) where a flight is operated without a destination alternate aerodrome, the amount of fuel required to enable the aeroplane to fly for fifteen minutes at holding speed at 450 m or 1,500 ft above destination aerodrome elevation in standard conditions; or (iv) where the aerodrome of intended landing is an isolated aerodrome- (aa) for a reciprocating engine aeroplane, the amount of fuel required to fly for forty five minutes plus 15% of the flight time planned to be spent at cruising level, including final reserve fuel, or 2 hours, whichever is less; or (ab) for a turbine-engine aeroplane, the amount of fuel required to fly for 2 hours at normal cruise consumption above the destination aerodrome, including final reserve fuel; (e) final reserve fuel, which shall be the amount of fuel calculated using the estimated mass on arrival at the destination alternate aerodrome, or the destination aerodrome when no destination alternate aerodrome is required- (i) for a reciprocating engine aeroplane, the amount of fuel required to fly for forty five minutes, under speed and altitude conditions specified by the State of the Operator; or (ii) for a turbine-engine aeroplane, the amount of fuel required to fly for thirty minutes at holding speed at 450 m or 1,500 ft above aerodrome elevation in standard conditions; (f) additional fuel, which shall be the supplementary amount of fuel required if the minimum fuel calculated in accordance with paragraph (b),(c),(d) and (e) is not sufficient to- (i) allow the aeroplane to descend as necessary and proceed to an alternate aerodrome in the event of engine failure or loss of pressurisation, whichever requires the greater amount of fuel based on the assumption that such a failure occurs at the most critical point along the route- (aa) fly for fifteen minutes at holding speed at 450 m or 1,500 ft above aerodrome elevation in standard conditions; and (bb make an approach and landing; (ii) allow an aeroplane engaged in EDTO to comply with the EDTO critical fuel scenario as established by the State of the operator; and (iii) meet additional requirements not covered above. (4) Operators shall determine one final reserve fuel value for each aeroplane type and variant in their fleet rounded up to an easily recalled figure.

(5)

A flight shall not commence unless the usable fuel on board meets all the requirements in subregulation (3) if required and shall not continue from the point of in-flight re-planning unless the usable fuel on board meets the requirements in subregulation (3) (b), (c),(d),(e)and (f) where required.

(6)

Notwithstanding the provisions in subregulation (3) (a), (b),(c),(d) and (f), the State of the operator may, based on the results of a specific safety risk assessment conducted by the operator which demonstrates how an equivalent level of safety will be maintained, approve variations to the pre-flight fuel calculation of taxi fuel, trip fuel, contingency fuel, destination alternate fuel, and additional fuel.

(7)

The specific safety risk assessment shall include- (a) flight fuel calculations; (b) capabilities of the operator to include- (i) a data-driven method that includes a fuel consumption monitoring programme; and (ii) the advanced use of alternate aerodromes; and (c) specific mitigation measures.

(8)

The use of fuel after flight commencement for purposes other than originally intended during pre-flight planning shall require a re-analysis and, where applicable, adjustment of the planned operation.

77. In-flight fuel management
(1)

An operator shall establish policies and procedures, approved by the authority, to ensure that inflight fuel checks and fuel management are performed. (2) A PIC shall continually ensure that the amount of usable fuel remaining on board is not less than the fuel required to proceed to an aerodrome where a safe landing can be made with the planned final reserve fuel remaining upon landing.

(3)

A PIC shall request delay information from ATC where unanticipated circumstances result in landing at the destination aerodrome with less than the final reserve fuel plus any fuel required to proceed to an alternate aerodrome or the fuel required to operate to an isolated aerodrome.

(4)

A PIC shall advise ATC of a minimum fuel state by declaring MINIMUM FUEL when, having committed to land at a specific aerodrome, the pilot calculates that any change to the existing clearance to that aerodrome may result in landing with less than the planned final reserve fuel.

(5)

The PIC shall declare a situation of fuel emergency by broadcasting MAYDAY MAYDAY MAYDAY FUEL, when the calculated usable fuel predicted to be available upon landing at the nearest aerodrome where a safe landing can be made is less than the planned final reserve fuel.

78. Refuelling with passengers on board
(1)

An operator shall not refuel an aeroplane when passengers are embarking, on board or disembarking unless the aeroplane is properly attended to by qualified personnel ready to initiate and direct an evacuation of the aeroplane by the most practical and expeditious means available.

(2)

Where refueling with passengers embarking, on board or disembarking, two-way communication shall be maintained by the aeroplane's inter-communication system or other suitable means between the ground crew supervising the refueling and the qualified personnel on board the aeroplane.

(3)

An operator shall observe additional precautions required when refueling with fuels other than aviation kerosene or when refueling results in a mixture of aviation kerosene with other aviation turbine fuels, or when an open line is used.

79. Oxygen supply
(1)

The approximate altitudes in the Standard Atmosphere corresponding to the values of absolute pressure used in these Regulations are as follows- Absolute pressure Meters Feet 700 hPa 3,000 10,000 620 hPa 4,000 13,000 376 hPa 7,600 25,000

(2)

A flight to be operated at flight altitudes at which the atmospheric pressure in personnel compartments is less than 700 hPa shall not be commenced unless sufficient stored breathing oxygen is carried to supply- (a) all crew members and 10% of the passengers for any period in excess of thirty minutes that the pressure in compartments occupied by them will be between 700 hPa and 620 hPa; and (b) the crew and passengers for any period that the atmospheric pressure in compartments occupied by them will be less than 620 hPa.

(3)

A flight to be operated with a pressurised aeroplane shall not be commenced unless a sufficient quantity of stored breathing oxygen is carried to supply all the crew members and passengers, as is appropriate to the circumstances of the flight being undertaken, in the event of loss of pressurisation, for any period that the atmospheric pressure in any compartment occupied by them would be less than 700 hPa. (4) Where an aeroplane is operated at flight altitudes at which the atmospheric is less than 376 hPa, or which, when operated at flight altitudes at which the atmospheric pressure is more than 376 hPa and cannot descend safely within 4 minutes to a flight altitude at which the atmospheric pressure is equal to 620 hPa, there shall be no less than a ten minute supply for the occupants of the passenger compartment.

80. Time capability of cargo compartment fire suppression

system (1) An operator shall ensure that, a flight is planned so that the diversion time to an aerodrome where a safe landing can be made does not exceed the time the cargo compartment fire suppression capability of the aeroplane, when the cargo compartment fire suppression capability time is identified in the relevant aeroplane documentation, reduced by an operational safety margin specified by the authority.

(2)

An operator shall ensure that the aircraft cargo compartment fire suppression time capabilities are clearly identified in the relevant aeroplane documentation where they are to be considered for the operation.

(3)

Subject to subregulation (1), fifteen minutes is an operational safety margin commonly retained for that purpose. .

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Time capability of cargo compartment fire suppression”.

“system (1) An operator shall ensure that, a flight is planned so that the diversion time to an aerodrome where a safe landing can be made does not exceed the time the cargo compartment fire suppression capability of the aeroplane, when the cargo compartment fire suppression capability time is identified in the relevant aeroplane documentation, reduced by an operational safety margin specified by the authority.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (2) An operator shall ensure that the aircraft cargo compartment fire suppression time capabilities are clearly identified in the relevant aeroplane documentation where they are to be considered for the operation.
  2. (3) Subject to subregulation (1), fifteen minutes is an operational safety margin commonly retained for that purpose. .
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
81. In-flight procedures- aerodrome operating manual
(1)

A flight shall not be continued towards the aerodrome of intended landing, unless the latest available information indicates that at the expected time of arrival, a landing can be effected at that aerodrome or at least one destination alternate aerodrome, in compliance with regulation 35.

(2)

An instrument approach shall not be continued below 300 m or1,000 ft above the aerodrome elevation or into the final approach segment unless the reported visibility or controlling RVR is at or above the aerodrome operating minima.

(3)

Where, after entering the final approach segment or after descending below 300 m or 1,000 ft above the aerodrome elevation, the reported visibility or controlling RVR falls below the specified minimum, the approach may be continued to DA or DH or MDA or MDH. (4) An aeroplane shall not continue its approach-to-land at any aerodrome beyond a point at which the limits of the operating minima specified for that aerodrome would be infringed.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “In-flight procedures- aerodrome operating manual”.

“(1) A flight shall not be continued towards the aerodrome of intended landing, unless the latest available information indicates that at the expected time of arrival, a landing can be effected at that aerodrome or at least one destination alternate aerodrome, in compliance with regulation 35.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) A flight shall not be continued towards the aerodrome of intended landing, unless the latest available information indicates that at the expected time of arrival, a landing can be effected at that aerodrome or at least one destination alternate aerodrome, in compliance with regulation 35.
  2. (2) An instrument approach shall not be continued below 300 m or1,000 ft above the aerodrome elevation or into the final approach segment unless the reported visibility or controlling RVR is at or above the aerodrome operating minima.
  3. (3) Where, after entering the final approach segment or after descending below 300 m or 1,000 ft above the aerodrome elevation, the reported visibility or controlling RVR falls below the specified minimum, the approach may be continued to DA or DH or MDA or MDH. (4) An aeroplane shall not continue its approach-to-land at any aerodrome beyond a point at which the limits of the operating minima specified for that aerodrome would be infringed.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
82. Meteorological observations A PIC shall report the runway braking action special air-report or AIREP

where the runway braking action encountered is not as good as reported

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Meteorological observations A PIC shall report the runway braking action special air-report or AIREP”.

“where the runway braking action encountered is not as good as reported”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Meteorological observations A PIC shall report the runway braking action special air-report or AIREP”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. where the runway braking action encountered is not as good as reported
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
83. Hazardous flight conditions

A person who encounters hazardous flight conditions, other than those associated with meteorological conditions, shall report to the appropriate aeronautical station as soon as possible and the reports so rendered shall give such details as may be pertinent to the safety of other aircraft

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Hazardous flight conditions”.

“A person who encounters hazardous flight conditions, other than those associated with meteorological conditions, shall report to the appropriate aeronautical station as soon as possible and the reports so rendered shall give such details as may be pertinent to the safety of other aircraft”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A person who encounters hazardous flight conditions, other than those associated with meteorological conditions, shall report to the appropriate aeronautical station as soon as possible and the reports so rendered shall give such details as may be pertinent to the safety of other aircraft
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
84. Flight crew members at duty stations
(1)

All flight crew members required to be on flight deck duty shall be at their stations, during the take-off and landing phase of the flight. (2) During enroute phase of flight, all flight crew members required to be on flight deck duty shall remain at their stations except where their absence is necessary for the performance of duties in connection with the operation of the aeroplane or for physiological needs. (3) All flight crew members shall keep their seat belts fastened when at their stations.

(4)

Where there is a safety harness any flight crew member occupying a pilot's seat shall keep the safety harness fastened during the take-off and landing phases. (5) All other flight crew members shall keep their safety harnesses fastened during the take-off and landing phases unless the shoulder straps interfere with the performance of their duties, in which case the shoulder straps may be unfastened but the seat belt shall remain fastened.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Flight crew members at duty stations”.

“(1) All flight crew members required to be on flight deck duty shall be at their stations, during the take-off and landing phase of the flight. (2) During enroute phase of flight, all flight crew members required to be on flight deck duty shall remain at their stations except where their absence is necessary for the performance of duties in connection with the operation of the aeroplane or for physiological needs. (3) All flight crew members shall keep their seat belts fastened when at their stations.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) All flight crew members required to be on flight deck duty shall be at their stations, during the take-off and landing phase of the flight. (2) During enroute phase of flight, all flight crew members required to be on flight deck duty shall remain at their stations except where their absence is necessary for the performance of duties in connection with the operation of the aeroplane or for physiological needs. (3) All flight crew members shall keep their seat belts fastened when at their stations.
  2. (4) Where there is a safety harness any flight crew member occupying a pilot's seat shall keep the safety harness fastened during the take-off and landing phases. (5) All other flight crew members shall keep their safety harnesses fastened during the take-off and landing phases unless the shoulder straps interfere with the performance of their duties, in which case the shoulder straps may be unfastened but the seat belt shall remain fastened.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
85. Use of oxygen
(1)

All flight crew members, when engaged in performing duties essential to the safe operation of an aeroplane inflight, shall use breathing oxygen continuously whenever the circumstances prevail for which its supply has been required in regulation 79.

(2)

All flight crew members of pressurised aeroplanes operating above an altitude where the atmospheric pressure is less than 376 hPa shall have available at the flight duty station a quickdonning type of oxygen mask which will readily supply oxygen upon demand.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Use of oxygen”.

“(1) All flight crew members, when engaged in performing duties essential to the safe operation of an aeroplane inflight, shall use breathing oxygen continuously whenever the circumstances prevail for which its supply has been required in regulation 79.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) All flight crew members, when engaged in performing duties essential to the safe operation of an aeroplane inflight, shall use breathing oxygen continuously whenever the circumstances prevail for which its supply has been required in regulation 79.
  2. (2) All flight crew members of pressurised aeroplanes operating above an altitude where the atmospheric pressure is less than 376 hPa shall have available at the flight duty station a quickdonning type of oxygen mask which will readily supply oxygen upon demand.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
86. Safeguarding of cabin crew and passengers in pressurised

aeroplanes in event of loss of pressurisation (1) Cabin crew shall be safeguarded so as to ensure reasonable probability of their retaining consciousness during any emergency descent which may be necessary in the event of loss of pressurisation and, in addition, they shall have means of protection to enable them to administer first aid to passengers during stabilised flight following the emergency.

(2)

Passengers shall be safeguarded by such devices or operational procedures to ensure reasonable probability of their surviving the effects of hypoxia in the event of loss of pressurisation.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Safeguarding of cabin crew and passengers in pressurised”.

“aeroplanes in event of loss of pressurisation (1) Cabin crew shall be safeguarded so as to ensure reasonable probability of their retaining consciousness during any emergency descent which may be necessary in the event of loss of pressurisation and, in addition, they shall have means of protection to enable them to administer first aid to passengers during stabilised flight following the emergency.”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Safeguarding of cabin crew and passengers in pressurised”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (2) Passengers shall be safeguarded by such devices or operational procedures to ensure reasonable probability of their surviving the effects of hypoxia in the event of loss of pressurisation.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
87. In -flight operational instruction Operational instructions

involving a change in the ATS flight plan shall, when practicable, be coordinated with the appropriate ATS unit before transmission to the aeroplane.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “In -flight operational instruction Operational instructions”.

“involving a change in the ATS flight plan shall, when practicable, be coordinated with the appropriate ATS unit before transmission to the aeroplane.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. involving a change in the ATS flight plan shall, when practicable, be coordinated with the appropriate ATS unit before transmission to the aeroplane.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
88. Instrument flight procedures
(1)

A PIC shall comply with instrument approach procedures designed to support instrument approach operations approved and promulgated by the authority in the Aeronautical Information Publication to serve each instrument runway or aerodrome utilised for instrument flight operations for aerodromes located in Uganda.

(2)

An Operator shall not operate an aeroplane in accordance with Instrument Flight Rules unless the operator complies with the instrument flight procedures approved by the State in which the aerodrome is located.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Instrument flight procedures”.

“(1) A PIC shall comply with instrument approach procedures designed to support instrument approach operations approved and promulgated by the authority in the Aeronautical Information Publication to serve each instrument runway or aerodrome utilised for instrument flight operations for aerodromes located in Uganda.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) A PIC shall comply with instrument approach procedures designed to support instrument approach operations approved and promulgated by the authority in the Aeronautical Information Publication to serve each instrument runway or aerodrome utilised for instrument flight operations for aerodromes located in Uganda.
  2. (2) An Operator shall not operate an aeroplane in accordance with Instrument Flight Rules unless the operator complies with the instrument flight procedures approved by the State in which the aerodrome is located.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
89. Instrument flight rules take -off minima Unless otherwise authorised by

the authority, a pilot operating an aircraft in commercial air transport operations shall not accept a clearance to take off from an aerodrome under Instrument Flight Rules unless weather conditions are at or above (a) for aircraft, having two engines or less 1,500 m;

(b)

for aircraft having more than two engines 800 m.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Instrument flight rules take -off minima Unless otherwise authorised by”.

“the authority, a pilot operating an aircraft in commercial air transport operations shall not accept a clearance to take off from an aerodrome under Instrument Flight Rules unless weather conditions are at or above (a) for aircraft, having two engines or less 1,500 m;”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (b) for aircraft having more than two engines 800 m.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
90. Instrument approach procedures and Instrument Flight

Rules landing minima (1) A PIC shall not make an instrument approach at an airport except in accordance with Instrument Flight Rules weather minima and instrument approach procedures set out in the AOC holder's operations specifications.

(2)

One or more instrument approach procedures designed in accordance with the classification of instrument approach and landing operations shall be approved and promulgated by the authority in which the aerodrome is located to serve each instrument runway or aerodrome utilised for instrument flight operations.

(3)

An aeroplane operated in accordance with Instrument Flight Rules shall comply with the instrument flight procedures approved by the authority in which the aerodrome is located.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Instrument approach procedures and Instrument Flight”.

“Rules landing minima (1) A PIC shall not make an instrument approach at an airport except in accordance with Instrument Flight Rules weather minima and instrument approach procedures set out in the AOC holder's operations specifications.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (2) One or more instrument approach procedures designed in accordance with the classification of instrument approach and landing operations shall be approved and promulgated by the authority in which the aerodrome is located to serve each instrument runway or aerodrome utilised for instrument flight operations.
  2. (3) An aeroplane operated in accordance with Instrument Flight Rules shall comply with the instrument flight procedures approved by the authority in which the aerodrome is located.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
91. Compliance with visual and electronic glide slopes
(1)

A PIC of an aircraft approaching to land on a runway served by a visual approach slope indicator or precision approach path indicator shall maintain an altitude at or above the glide slope until a lower altitude is necessary for a safe landing.

(2)

A PIC of a turbojet, turbofan, or a large aircraft approaching to land on a runway served by an instrument landing system shall fly that aircraft at or above the glide slope from the point of interception of the glide slope to the decision height.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Compliance with visual and electronic glide slopes”.

“(1) A PIC of an aircraft approaching to land on a runway served by a visual approach slope indicator or precision approach path indicator shall maintain an altitude at or above the glide slope until a lower altitude is necessary for a safe landing.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) A PIC of an aircraft approaching to land on a runway served by a visual approach slope indicator or precision approach path indicator shall maintain an altitude at or above the glide slope until a lower altitude is necessary for a safe landing.
  2. (2) A PIC of a turbojet, turbofan, or a large aircraft approaching to land on a runway served by an instrument landing system shall fly that aircraft at or above the glide slope from the point of interception of the glide slope to the decision height.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
92. Commencing an instrument approach
(1)

A pilot shall not continue an approach past the final approach fix, or where a final approach fix is not used, begin the final approach segment of an instrument approach procedure, at any aerodrome unless- (a) a source approved by the authority issues a weather report for that aerodrome; (b) the latest weather report for that aerodrome indicates the visibility to be equal to or more than the visibility minima prescribed for that procedure; and (c) for instrument approach and landing operations, 800 m visibility should not be authorised unless RVR information is provided. (2) Where a pilot begins the final approach segment of an instrument approach procedure and subsequently receives a weather report indicating below minimum conditions, the pilot may continue the approach to decision height or minimum descent altitude.

(3)

For the purpose of this regulation, the final approach segment begins at the final approach fix or facility prescribed in the instrument approach procedure.

(4)

Where a final approach fix is not prescribed for a procedure that includes a procedure turn, the final approach segment begins at the point where the procedure turn is completed and the aircraft is established inbound towards the aerodrome on the final approach course within the distance prescribed in the procedure.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Commencing an instrument approach”.

“(1) A pilot shall not continue an approach past the final approach fix, or where a final approach fix is not used, begin the final approach segment of an instrument approach procedure, at any aerodrome unless- (a) a source approved by the authority issues a weather report for that aerodrome; (b) the latest weather report for that aerodrome indicates the visibility to be equal to or more than the visibility minima prescribed for that procedure; and (c) for instrument approach and landing operations, 800 m…”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Commencing an instrument approach”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) A pilot shall not continue an approach past the final approach fix, or where a final approach fix is not used, begin the final approach segment of an instrument approach procedure, at any aerodrome unless- (a) a source approved by the authority issues a weather report for that aerodrome; (b) the latest weather report for that aerodrome indicates the visibility to be equal to or more than the visibility minima prescribed for that procedure; and (c) for instrument approach and landing operations, 800 m visibility should not be authorised unless RVR information is provided. (2) Where a pilot begins the final approach segment of an instrument approach procedure and subsequently receives a weather report indicating below minimum conditions, the pilot may continue the approach to decision height or minimum descent altitude.
  2. (3) For the purpose of this regulation, the final approach segment begins at the final approach fix or facility prescribed in the instrument approach procedure.
  3. (4) Where a final approach fix is not prescribed for a procedure that includes a procedure turn, the final approach segment begins at the point where the procedure turn is completed and the aircraft is established inbound towards the aerodrome on the final approach course within the distance prescribed in the procedure.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
93. Threshold crossing height for precision approaches

An operator shall establish operational procedures designed to ensure that the aircraft being used to conduct precision approaches crosses the threshold by a safe margin with the aircraft in the landing configuration and altitude

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Threshold crossing height for precision approaches”.

“An operator shall establish operational procedures designed to ensure that the aircraft being used to conduct precision approaches crosses the threshold by a safe margin with the aircraft in the landing configuration and altitude”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. An operator shall establish operational procedures designed to ensure that the aircraft being used to conduct precision approaches crosses the threshold by a safe margin with the aircraft in the landing configuration and altitude
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
94. Operation below decision height or minimum descent altitude
(1)

A pilot shall not, where a decision height or minimum descent altitude is applicable, operate an aircraft at any aerodrome below the authorised minimum descent altitude, or continue an approach below the authorised decision height unless- (a) the aircraft is continuously in a position from which a descent to a landing on the intended runway can be made at a normal rate of descent using normal manoeuvres; (b) a descent rate shall allow touchdown to occur within the touchdown zone of the runway of intended landing; (c) the flight visibility is not less than the visibility prescribed in the standard instrument approach being used; and (d) at least one of the following visual references for the intended runway is distinctly visible and identifiable to the pilot- (i) the approach light system, except that the pilot shall not descend below 100 ft above the touchdown zone elevation using the approach lights as a reference unless the red terminating bars or the red side row bars are also distinctly visible and identifiable; (ii) threshold or the threshold markings; (iii) threshold lights; (iv) the runway end identifier lights; (v) the visual approach slope indicator system or precision approach path indicator; (vi) the touchdown zone or touchdown zone markings; (vii) the touchdown zone lights; (viii) the runway or runway markings; or (ix) the runway lights.

(2)

The visual references set out in subregulation (1)(d) shall not apply to Category II and III operations.

(3)

The required visual references under Category II and III operations shall be provided in the AOC holder's operations specifications or a specific appoval issued by the authority.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Operation below decision height or minimum descent altitude”.

“(1) A pilot shall not, where a decision height or minimum descent altitude is applicable, operate an aircraft at any aerodrome below the authorised minimum descent altitude, or continue an approach below the authorised decision height unless- (a) the aircraft is continuously in a position from which a descent to a landing on the intended runway can be made at a normal rate of descent using normal manoeuvres; (b) a descent rate shall allow touchdown to occur within the touchdown zone of the runway of intended…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) A pilot shall not, where a decision height or minimum descent altitude is applicable, operate an aircraft at any aerodrome below the authorised minimum descent altitude, or continue an approach below the authorised decision height unless- (a) the aircraft is continuously in a position from which a descent to a landing on the intended runway can be made at a normal rate of descent using normal manoeuvres; (b) a descent rate shall allow touchdown to occur within the touchdown zone of the runway of intended landing; (c) the flight visibility is not less than the visibility prescribed in the standard instrument approach being used; and (d) at least one of the following visual references for the intended runway is distinctly visible and identifiable to the pilot- (i) the approach light system, except that the pilot shall not descend below 100 ft above the touchdown zone elevation using the approach lights as a reference unless the red terminating bars or the red side row bars are also distinctly visible and identifiable; (ii) threshold or the threshold markings; (iii) threshold lights; (iv) the runway end identifier lights; (v) the visual approach slope indicator system or precision approach path indicator; (vi) the touchdown zone or touchdown zone markings; (vii) the touchdown zone lights; (viii) the runway or runway markings; or (ix) the runway lights.
  2. (2) The visual references set out in subregulation (1)(d) shall not apply to Category II and III operations.
  3. (3) The required visual references under Category II and III operations shall be provided in the AOC holder's operations specifications or a specific appoval issued by the authority.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
95. Landing during instrument meteorological conditions

A pilot operating an aircraft shall not land that aircraft when the flight visibility is less than the visibility prescribed by the authority in the standard instrument approach procedure being used

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Landing during instrument meteorological conditions”.

“A pilot operating an aircraft shall not land that aircraft when the flight visibility is less than the visibility prescribed by the authority in the standard instrument approach procedure being used”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A pilot operating an aircraft shall not land that aircraft when the flight visibility is less than the visibility prescribed by the authority in the standard instrument approach procedure being used
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
96. Execution of a missed approach procedure

A pilot operating an aircraft shall immediately execute an appropriate missed approach procedure where either of the following conditions exist (a) whenever the required visual reference criteria is not met in the following situations-

(i)

when the aircraft is being operated below minimum descent altitude or MDA; or (ii) upon arrival at the missed approach point, including a DH where a DH is specified and its use is required, and at any time after that until touchdown; or (b) whenever an identifiable part of the aerodrome is not distinctly visible to the pilot during a circling manoeuvre at or above MDA, unless the inability to see an identifiable part of the aerodrome results only from a normal bank of the aircraft during the circling approach.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Procedural rule

This section establishes the governing procedure for “Execution of a missed approach procedure”.

“A pilot operating an aircraft shall immediately execute an appropriate missed approach procedure where either of the following conditions exist (a) whenever the required visual reference criteria is not met in the following situations-”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (i) when the aircraft is being operated below minimum descent altitude or MDA; or (ii) upon arrival at the missed approach point, including a DH where a DH is specified and its use is required, and at any time after that until touchdown; or (b) whenever an identifiable part of the aerodrome is not distinctly visible to the pilot during a circling manoeuvre at or above MDA, unless the inability to see an identifiable part of the aerodrome results only from a normal bank of the aircraft during the circling approach.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
97. Minimum altitudes for use of autopilot
(1)

Except as provided in subregulations (2),(3) and (4) , a person shall not use an autopilot en route, including climb and descent, at an altitude above the terrain that is less than twice the maximum altitude loss specified in the aircraft flight manual for malfunction of the autopilot under cruise conditions, or less than 500 ft, whichever is higher.

(2)

When using an instrument approach facility, a person shall not use an autopilot at an altitude above the terrain that is less than twice the maximum altitude loss specified in the aircraft flight manual for a malfunction of the autopilot under approach conditions, or less than 50 ft below the approved minimum descent altitude or decision height for the facility, whichever is higher, except-

(a)

when reported weather conditions are less than the basic visual flight rules or VFR weather conditions as specified in the Civil Aviation (Rules of the Air) Regulations, 2020 and the Civil Aviation (Air Traffic Services) Regulations, 2022, a person shall not use an autopilot with an approach coupler for instrument landing system approaches at an altitude above the terrain that is less than 50 ft higher than the maximum altitude loss specified in the aircraft flight manual for the malfunction of the autopilot with approach coupler under approach conditions; and

(b)

when reported weather conditions are equal to or better than the basic VFR minima as specified in the Civil Aviation (Rules of the Air) Regulations, 2020 and the Civil Aviation (Air Traffic Services) Regulations, 2022, a person shall not use an autopilot with an approach coupler for instrument landing system approaches at an altitude above the terrain that is less than the maximum altitude loss specified in the aircraft flight manual for the malfunction of the autopilot with approach coupler under approach conditions, or 50 ft, whichever is higher.

(3)

Notwithstanding subregulation (1) or (2), the authority shall issue operation specifications to allow the use, to touchdown, of an approved flight control guidance system with automatic capability, in any case in which- (a) the system does not contain any altitude loss or above zero specified in the aircraft flight manual for malfunction of the autopilot with approach coupler; and (b) the authority finds that the use of the system to touchdown will not otherwise affect the safety standards required by this regulation.

(4)

Notwithstanding subregulation (1), the authority shall issue operation specifications to allow the use of an approved autopilot system with automatic capability below the altitude specified in subregulation (1) during the take-off and initial climb phase of flight provided- (a) the aircraft flight manual specifies a minimum altitude engagement certification restriction; (b) the system is not engaged prior to the minimum engagement certification restriction specified in the aircraft flight manual or an altitude specified by the authority, whichever is higher; and

(c)

the authority finds that the use of the system will not otherwise affect the safety standards required by this regulation. (5) Unless otherwise specified in an air traffic control instruction, to avoid unnecessary airborne collision avoidance system or ACAS II resolution advisories in aircraft at or approaching adjacent altitudes or flight levels, an operator shall specify procedures by which an aeroplane climbing or descending to an assigned altitude or flight level, especially with an autopilot engaged, may do so at a rate less than 8 m/sec or 1,500 ft/min depending on the instrumentation available throughout the last 300 m or 1,000 ft of climb or descent to the assigned level when the pilot is made aware of another aircraft at or approaching an adjacent altitude or flight level.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Minimum altitudes for use of autopilot”.

“(1) Except as provided in subregulations (2),(3) and (4) , a person shall not use an autopilot en route, including climb and descent, at an altitude above the terrain that is less than twice the maximum altitude loss specified in the aircraft flight manual for malfunction of the autopilot under cruise conditions, or less than 500 ft, whichever is higher.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (1) Except as provided in subregulations (2),(3) and (4) , a person shall not use an autopilot en route, including climb and descent, at an altitude above the terrain that is less than twice the maximum altitude loss specified in the aircraft flight manual for malfunction of the autopilot under cruise conditions, or less than 500 ft, whichever is higher.
  2. (2) When using an instrument approach facility, a person shall not use an autopilot at an altitude above the terrain that is less than twice the maximum altitude loss specified in the aircraft flight manual for a malfunction of the autopilot under approach conditions, or less than 50 ft below the approved minimum descent altitude or decision height for the facility, whichever is higher, except-
  3. (a) when reported weather conditions are less than the basic visual flight rules or VFR weather conditions as specified in the Civil Aviation (Rules of the Air) Regulations, 2020 and the Civil Aviation (Air Traffic Services) Regulations, 2022, a person shall not use an autopilot with an approach coupler for instrument landing system approaches at an altitude above the terrain that is less than 50 ft higher than the maximum altitude loss specified in the aircraft flight manual for the malfunction of the autopilot with approach coupler under approach conditions; and
  4. (b) when reported weather conditions are equal to or better than the basic VFR minima as specified in the Civil Aviation (Rules of the Air) Regulations, 2020 and the Civil Aviation (Air Traffic Services) Regulations, 2022, a person shall not use an autopilot with an approach coupler for instrument landing system approaches at an altitude above the terrain that is less than the maximum altitude loss specified in the aircraft flight manual for the malfunction of the autopilot with approach coupler under approach conditions, or 50 ft, whichever is higher.
  5. (3) Notwithstanding subregulation (1) or (2), the authority shall issue operation specifications to allow the use, to touchdown, of an approved flight control guidance system with automatic capability, in any case in which- (a) the system does not contain any altitude loss or above zero specified in the aircraft flight manual for malfunction of the autopilot with approach coupler; and (b) the authority finds that the use of the system to touchdown will not otherwise affect the safety standards required by this regulation.
  6. (4) Notwithstanding subregulation (1), the authority shall issue operation specifications to allow the use of an approved autopilot system with automatic capability below the altitude specified in subregulation (1) during the take-off and initial climb phase of flight provided- (a) the aircraft flight manual specifies a minimum altitude engagement certification restriction; (b) the system is not engaged prior to the minimum engagement certification restriction specified in the aircraft flight manual or an altitude specified by the authority, whichever is higher; and
  7. (c) the authority finds that the use of the system will not otherwise affect the safety standards required by this regulation. (5) Unless otherwise specified in an air traffic control instruction, to avoid unnecessary airborne collision avoidance system or ACAS II resolution advisories in aircraft at or approaching adjacent altitudes or flight levels, an operator shall specify procedures by which an aeroplane climbing or descending to an assigned altitude or flight level, especially with an autopilot engaged, may do so at a rate less than 8 m/sec or 1,500 ft/min depending on the instrumentation available throughout the last 300 m or 1,000 ft of climb or descent to the assigned level when the pilot is made aware of another aircraft at or approaching an adjacent altitude or flight level.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
98. Minimum flight altitudes
(1)

An operator shall be permitted to establish minimum flight altitudes for those routes flown for which minimum flight altitudes have been established by the State flown over, provided that minimum flight altitudes shall not be less than those established by that State.

(2)

An operator shall specify the procedure intended to determine minimum flight altitudes for operations conducted over routes for which minimum flight altitudes have not been established by the State flown over and shall include this procedure in the operations manual.

(3)

The minimum flight altitudes determined in accordance with subregulation (2), shall not be lower than specified in the Civil Aviation (Rules of Air) Regulations, 2020.

(4)

The operator shall submit to the authority for approval such method only after careful consideration of the probable effects of the following factors on the safety of the operation in question- (a) the accuracy and reliability with which the position of the aeroplane can be determined;

(b)

the inaccuracies in the indications of the altimeters used; (c) the characteristics of the terrain; (d) the probability of encountering unfavourable meteorological conditions; (e) possible inaccuracies in aeronautical charts; and (f) airspace restrictions.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Minimum flight altitudes”.

“(1) An operator shall be permitted to establish minimum flight altitudes for those routes flown for which minimum flight altitudes have been established by the State flown over, provided that minimum flight altitudes shall not be less than those established by that State.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) An operator shall be permitted to establish minimum flight altitudes for those routes flown for which minimum flight altitudes have been established by the State flown over, provided that minimum flight altitudes shall not be less than those established by that State.
  2. (2) An operator shall specify the procedure intended to determine minimum flight altitudes for operations conducted over routes for which minimum flight altitudes have not been established by the State flown over and shall include this procedure in the operations manual.
  3. (3) The minimum flight altitudes determined in accordance with subregulation (2), shall not be lower than specified in the Civil Aviation (Rules of Air) Regulations, 2020.
  4. (4) The operator shall submit to the authority for approval such method only after careful consideration of the probable effects of the following factors on the safety of the operation in question- (a) the accuracy and reliability with which the position of the aeroplane can be determined;
  5. (b) the inaccuracies in the indications of the altimeters used; (c) the characteristics of the terrain; (d) the probability of encountering unfavourable meteorological conditions; (e) possible inaccuracies in aeronautical charts; and (f) airspace restrictions.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
99. Receiver failure
(1)

Where an aircraft radio station is unable to establish communication due to receiver failure, that aircraft shall transmit- (a) reports at the scheduled times, or positions, on the frequency in use, preceded by the phrase "TRANSMITTING BLIND DUE TO RECEIVER FAILURE"; and (b) the intended message, following this by a complete repetition, during this procedure, the aircraft shall also advise the time of its next intended transmission.

(2)

An aircraft which is provided with air traffic control service or advisory service shall, in addition to complying with subregulation (1), transmit information regarding the intention of the PIC with respect to the continuation of the flight of the aircraft.

(3)

Where a PIC is unable to establish communication due to airborne equipment failure, he or she shall, when the aircraft is so equipped, select the appropriate Secondary Surveillance Radar (SSR) code 7600 to indicate radio failure.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Receiver failure”.

“(1) Where an aircraft radio station is unable to establish communication due to receiver failure, that aircraft shall transmit- (a) reports at the scheduled times, or positions, on the frequency in use, preceded by the phrase "TRANSMITTING BLIND DUE TO RECEIVER FAILURE"; and (b) the intended message, following this by a complete repetition, during this procedure, the aircraft shall also advise the time of its next intended transmission.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) Where an aircraft radio station is unable to establish communication due to receiver failure, that aircraft shall transmit- (a) reports at the scheduled times, or positions, on the frequency in use, preceded by the phrase "TRANSMITTING BLIND DUE TO RECEIVER FAILURE"; and (b) the intended message, following this by a complete repetition, during this procedure, the aircraft shall also advise the time of its next intended transmission.
  2. (2) An aircraft which is provided with air traffic control service or advisory service shall, in addition to complying with subregulation (1), transmit information regarding the intention of the PIC with respect to the continuation of the flight of the aircraft.
  3. (3) Where a PIC is unable to establish communication due to airborne equipment failure, he or she shall, when the aircraft is so equipped, select the appropriate Secondary Surveillance Radar (SSR) code 7600 to indicate radio failure.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
100. Aeroplane operating procedures for noise abatement
(1)

An operator shall comply with noise abatement procedures for the aeroplane operations as specified in the Civil Aviation (Construction of Instrument Flight Procedures) Regulations, 2020.

(2)

Noise abatement procedures specified by the operator for any one aeroplane type shall be the same for all aerodromes, unless otherwise specified.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Aeroplane operating procedures for noise abatement”.

“(1) An operator shall comply with noise abatement procedures for the aeroplane operations as specified in the Civil Aviation (Construction of Instrument Flight Procedures) Regulations, 2020.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) An operator shall comply with noise abatement procedures for the aeroplane operations as specified in the Civil Aviation (Construction of Instrument Flight Procedures) Regulations, 2020.
  2. (2) Noise abatement procedures specified by the operator for any one aeroplane type shall be the same for all aerodromes, unless otherwise specified.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
101. Aeroplane operating procedures for rates of

climb, descent and landing (1) Unless otherwise specified in an air traffic control instruction, to avoid unnecessary airborne collision avoidance system or ACAS II, resolution advisories in an aircraft at or approaching adjacent altitudes or flight levels, an operator shall- (a) specify procedures by which an aeroplane climbing or descending to an assigned altitude or flight level, especially with an autopilot engaged; and (b) do so at a rate less than 8 m/sec or 1,500 ft/min , depending on the instrumentation available throughout the last 300 m or 1,000 ft of climb or descent to the assigned level when the pilot is made aware of another aircraft at or approaching an adjacent altitude or flight level.

(2)

An approach to land shall not be continued below 300 m or 1,000 ft above aerodrome elevation unless the PIC is satisfied that, with the runway surface condition information available, the aeroplane performance information indicates that a safe landing can be made.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Aeroplane operating procedures for rates of”.

“climb, descent and landing (1) Unless otherwise specified in an air traffic control instruction, to avoid unnecessary airborne collision avoidance system or ACAS II, resolution advisories in an aircraft at or approaching adjacent altitudes or flight levels, an operator shall- (a) specify procedures by which an aeroplane climbing or descending to an assigned altitude or flight level, especially with an autopilot engaged; and (b) do so at a rate less than 8 m/sec or 1,500 ft/min , depending on the instrumentation…”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (2) An approach to land shall not be continued below 300 m or 1,000 ft above aerodrome elevation unless the PIC is satisfied that, with the runway surface condition information available, the aeroplane performance information indicates that a safe landing can be made.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
102. Duties of PIC The PIC shall
(a)

be responsible for the safety of all crew members, passengers and cargo on board when the doors are closed; (b) be responsible for the operation and safety of the aeroplane from the moment the aeroplane is ready to move for the purpose of taking off until when the aeroplane finally comes to rest at the end of the flight and the engine or engines used as primary propulsion units are shut down; (c) ensure that the checklists specified in regulation 31 are complied with in detail; (d) be responsible for notifying the nearest appropriate authority by the quickest available means of any accident involving the aeroplane, resulting in serious injury or death of any person or substantial damage to the aeroplane or property; (e) be responsible for reporting all known or suspected defects in the aeroplane, to the operator, at the termination of the flight; (f) submit to the authority a report of any accident which occurred while that PIC was responsible for the flight; and (g) be responsible for the journey log book or the general declaration containing the information listed in the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Duties of PIC The PIC shall”.

“(a) be responsible for the safety of all crew members, passengers and cargo on board when the doors are closed; (b) be responsible for the operation and safety of the aeroplane from the moment the aeroplane is ready to move for the purpose of taking off until when the aeroplane finally comes to rest at the end of the flight and the engine or engines used as primary propulsion units are shut down; (c) ensure that the checklists specified in regulation 31 are”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Duties of PIC The PIC shall”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (a) be responsible for the safety of all crew members, passengers and cargo on board when the doors are closed; (b) be responsible for the operation and safety of the aeroplane from the moment the aeroplane is ready to move for the purpose of taking off until when the aeroplane finally comes to rest at the end of the flight and the engine or engines used as primary propulsion units are shut down; (c) ensure that the checklists specified in regulation 31 are complied with in detail; (d) be responsible for notifying the nearest appropriate authority by the quickest available means of any accident involving the aeroplane, resulting in serious injury or death of any person or substantial damage to the aeroplane or property; (e) be responsible for reporting all known or suspected defects in the aeroplane, to the operator, at the termination of the flight; (f) submit to the authority a report of any accident which occurred while that PIC was responsible for the flight; and (g) be responsible for the journey log book or the general declaration containing the information listed in the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
103. Duties of flight operations officer or flight dispatcher
(1)

A flight operations officer or flight dispatcher in conjunction with a method of control and supervision of flight operations and in accordance with regulation 26 shall- (a) assist the PIC in flight preparation and provide the relevant information; (b) assist the PIC in preparing the operational and ATS flight plans, sign where applicable and file the ATS flight plan with the appropriate ATS unit; (c) furnish the PIC while in flight, by appropriate means, with information which may be necessary for the safe conduct of the flight; and (d) notify the appropriate ATS unit when the position of the aeroplane cannot be determined by an aircraft tracking capability, and attempts to establish communication are unsuccessful. (2) In the event of an emergency, a flight operations officer or flight dispatcher shall- (a) initiate such procedures as outlined in the operations manual while avoiding taking any action that would conflict with ATC procedures; (b) convey safety-related information to the PIC that may be necessary for the safe conduct of the flight, including information related to any amendments to the flight plan that become necessary in the course of the flight; and (c) notwithstanding paragraphs (a) and (b), the PIC shall convey similar information to the flight operations officer or flight dispatcher during the course of the flight in emergency situations.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Duties of flight operations officer or flight dispatcher”.

“(1) A flight operations officer or flight dispatcher in conjunction with a method of control and supervision of flight operations and in accordance with regulation 26 shall- (a) assist the PIC in flight preparation and provide the relevant information; (b) assist the PIC in preparing the operational and ATS flight plans, sign where applicable and file the ATS flight plan with the appropriate ATS unit; (c) furnish the PIC while in flight, by appropriate means, with information which may be necessary for the safe…”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Duties of flight operations officer or flight dispatcher”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (1) A flight operations officer or flight dispatcher in conjunction with a method of control and supervision of flight operations and in accordance with regulation 26 shall- (a) assist the PIC in flight preparation and provide the relevant information; (b) assist the PIC in preparing the operational and ATS flight plans, sign where applicable and file the ATS flight plan with the appropriate ATS unit; (c) furnish the PIC while in flight, by appropriate means, with information which may be necessary for the safe conduct of the flight; and (d) notify the appropriate ATS unit when the position of the aeroplane cannot be determined by an aircraft tracking capability, and attempts to establish communication are unsuccessful. (2) In the event of an emergency, a flight operations officer or flight dispatcher shall- (a) initiate such procedures as outlined in the operations manual while avoiding taking any action that would conflict with ATC procedures; (b) convey safety-related information to the PIC that may be necessary for the safe conduct of the flight, including information related to any amendments to the flight plan that become necessary in the course of the flight; and (c) notwithstanding paragraphs (a) and (b), the PIC shall convey similar information to the flight operations officer or flight dispatcher during the course of the flight in emergency situations.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
104. Additional requirements for operations by aeroplanes

with turbine engines beyond sixty minutes to an en-route alternate aerodrome including Extended Diversion Time Operations (EDTO) (1) The requirements for operations beyond sixty minutes to en- route alternate aerodrome including EDTO include the following- (a) operators conducting operations beyond sixty minutes from a point on a route to an en-route alternate aerodrome shall ensure that- (i) for all aeroplanes- (aa) en-route alternate aerodromes are identified; and (ab) the most up-to-date information is provided to the flight crew on identified en-route alternate aerodromes, including operational status and meteorological conditions;

(ii)

for aeroplanes with two turbine engines, the most up-to-date information provided to the flight crew indicates that conditions at identified en- route alternate aerodromes will be at or above the operator's established aerodrome operating minima for the operation at the estimated time of use.

(2)

In addition to the requirements specified in subregulation (1), an operator shall ensure that the following are taken into account and provide the overall level of safety intended by these Regulations- (a) operational control and flight dispatch procedures; (b) operating procedures; and (c) training programs.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Additional requirements for operations by aeroplanes”.

“with turbine engines beyond sixty minutes to an en-route alternate aerodrome including Extended Diversion Time Operations (EDTO) (1) The requirements for operations beyond sixty minutes to en- route alternate aerodrome including EDTO include the following- (a) operators conducting operations beyond sixty minutes from a point on a route to an en-route alternate aerodrome shall ensure that- (i) for all aeroplanes- (aa) en-route alternate aerodromes are identified; and (ab) the most up-to-date information is provided…”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (ii) for aeroplanes with two turbine engines, the most up-to-date information provided to the flight crew indicates that conditions at identified en- route alternate aerodromes will be at or above the operator's established aerodrome operating minima for the operation at the estimated time of use.
  2. (2) In addition to the requirements specified in subregulation (1), an operator shall ensure that the following are taken into account and provide the overall level of safety intended by these Regulations- (a) operational control and flight dispatch procedures; (b) operating procedures; and (c) training programs.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
105. Requirements for extended diversion time operations
(1)

An aeroplane with two or more turbine engines shall not be operated, unless the authority has issued a specific approval for EDTO on a route where the diversion time to an en-route alternate aerodrome from any point on the route, calculated in ISA and still-air conditions at the one-engine-inoperative cruise speed for aeroplanes with two turbine engines and at the all engines operating cruise speed for aeroplanes with more than two turbine engines, exceeds a threshold time established for such operations by the authority. (2) The specific approval shall identify the applicable threshold time established for each particular aeroplane and engine combination. (3) On issuing the specific approval for EDTO, the authority shall specify the maximum diversion time granted to the operator for each particular aeroplane and engine combination.

(4)

When specifying the appropriate maximum diversion time for the operator of a particular aeroplane type engaged in EDTO, the authority shall ensure that- (a) for all aeroplanes, the most limiting EDTO significant system time limitation, if any, indicated in the aeroplane flight manual (directly or by reference) and relevant to that particular operation is not exceeded; and

(b)

for aeroplanes with two turbine engines, the aeroplane is EDTO certified.

(5)

Notwithstanding the provisions of subregulation (6)(a), the authority may, based on the results of a specific safety risk assessment conducted by the operator which demonstrates how an equivalent level of safety will be maintained, approve operations beyond the time limits of the most time-limited system.

(6)

The specific safety risk assessment as provided in subregulation (5) shall include- (a) capabilities of the operator; (b) overall reliability of the aeroplane; (c) reliability of each time-limited system; (d) relevant information from the aeroplane manufacturer; and (e) specific mitigation measures.

(7)

For aeroplanes engaged in EDTO, the additional fuel required under regulation 76 (3)(f)(ii) shall include the fuel necessary to comply with the EDTO critical fuel scenario as established by the authority.

(8)

A flight shall not proceed beyond the threshold time in accordance with subregulation (1) unless the identified en-route alternate aerodromes have been re-evaluated for availability and the most up-to-date information indicates that, during the estimated time of use, conditions at those aerodromes shall be at or above the operator's established aerodrome operating minima for the operation.

(9)

Where any conditions are identified that would preclude a safe approach and landing at that aerodrome during the estimated time of use, an alternative course of action shall be determined by the operator.

(10)

The authority shall, when specifying maximum diversion times for aeroplanes with two turbine engines, ensure that the following are taken into account in providing the overall level of safety intended by the provisions of the Civil Aviation (Airworthiness of Aircraft) Regulations, 2022-

(a)

reliability of the propulsion system;

(b)

airworthiness certification for EDTO of the aeroplane type; and

(c)

EDTO maintenance programme.

(11)

The State of operator of an aeroplane type with two turbine engines which, prior to 25th March, 1986, was authorised to operating on a route where the flight time at one-engine-inoperative cruise speed to a non-route alternate aerodrome exceeds the threshold time established for such operations in accordance with subregulation (1) shall give consideration to permitting such an operation to continue on that route after that date.

(12)

An AOC holder shall not conduct operations beyond the threshold distance determined in accordance with this regulation, unless approved by the authority.

(13)

Prior to conducting an extended diversion time operation flight, an AOC holder shall ensure that a suitable EDTO en route alternate is available, within either the approved diversion time or a diversion time based on minimum equipment list generated serviceability status of the aeroplane, whichever is shorter.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Requirements for extended diversion time operations”.

“(1) An aeroplane with two or more turbine engines shall not be operated, unless the authority has issued a specific approval for EDTO on a route where the diversion time to an en-route alternate aerodrome from any point on the route, calculated in ISA and still-air conditions at the one-engine-inoperative cruise speed for aeroplanes with two turbine engines and at the all engines operating cruise speed for aeroplanes with more than two turbine engines, exceeds a threshold time established for such operations by…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

15
  1. (1) An aeroplane with two or more turbine engines shall not be operated, unless the authority has issued a specific approval for EDTO on a route where the diversion time to an en-route alternate aerodrome from any point on the route, calculated in ISA and still-air conditions at the one-engine-inoperative cruise speed for aeroplanes with two turbine engines and at the all engines operating cruise speed for aeroplanes with more than two turbine engines, exceeds a threshold time established for such operations by the authority. (2) The specific approval shall identify the applicable threshold time established for each particular aeroplane and engine combination. (3) On issuing the specific approval for EDTO, the authority shall specify the maximum diversion time granted to the operator for each particular aeroplane and engine combination.
  2. (4) When specifying the appropriate maximum diversion time for the operator of a particular aeroplane type engaged in EDTO, the authority shall ensure that- (a) for all aeroplanes, the most limiting EDTO significant system time limitation, if any, indicated in the aeroplane flight manual (directly or by reference) and relevant to that particular operation is not exceeded; and
  3. (b) for aeroplanes with two turbine engines, the aeroplane is EDTO certified.
  4. (5) Notwithstanding the provisions of subregulation (6)(a), the authority may, based on the results of a specific safety risk assessment conducted by the operator which demonstrates how an equivalent level of safety will be maintained, approve operations beyond the time limits of the most time-limited system.
  5. (6) The specific safety risk assessment as provided in subregulation (5) shall include- (a) capabilities of the operator; (b) overall reliability of the aeroplane; (c) reliability of each time-limited system; (d) relevant information from the aeroplane manufacturer; and (e) specific mitigation measures.
  6. (7) For aeroplanes engaged in EDTO, the additional fuel required under regulation 76 (3)(f)(ii) shall include the fuel necessary to comply with the EDTO critical fuel scenario as established by the authority.
  7. (8) A flight shall not proceed beyond the threshold time in accordance with subregulation (1) unless the identified en-route alternate aerodromes have been re-evaluated for availability and the most up-to-date information indicates that, during the estimated time of use, conditions at those aerodromes shall be at or above the operator's established aerodrome operating minima for the operation.
  8. (9) Where any conditions are identified that would preclude a safe approach and landing at that aerodrome during the estimated time of use, an alternative course of action shall be determined by the operator.

7 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
106. Maximum distance from an adequate aerodrome

for two- engine aeroplanes without an EDTO specific approval (1) Unless specifically granted an EDTO specific approval by the authority, an AOC holder shall not operate a twin engine aeroplane over a route which contains a point further from an adequate aerodrome than, in the case of- (a) large, turbine engine powered aeroplanes the distance flown in sixty minutes at the one-engine-inoperative cruise speed determined in accordance with subregulation (2) with either- (i) a maximum approved passenger seating configuration of twenty or more; or (ii) a maximum take-off mass of 45,360 kilograms or more; (b) reciprocating engine powered aeroplanes- (i) the distance flown in one hundred and twenty minutes at the one-engine-inoperative cruise speed determined in accordance with subregulation (2); or (ii) 300 nautical miles, whichever is less.

(2)

An AOC holder shall determine a speed for the calculation of the maximum distance to an adequate aerodrome for each twoengine aeroplane type or variant operated, not exceeding Vmo based upon the true airspeed that the aeroplane can maintain with oneengine-inoperative under the following conditions- (a) International Standard Atmosphere; (b) level flight- (i) for turbine engine powered aeroplanes at- (aa) flight level 170; or (bb) at the maximum flight level to which the aeroplane, with one engine inoperative, can climb, and maintain, using the gross rate of climb specified in the aeroplane flight manual, whichever is less; (ii) for propeller driven aeroplanes- (aa) flight level 80; or (bb) at the maximum flight level to which the aeroplane, with one engine inoperative, can climb, and maintain, using the gross rate of climb specified in the aeroplane flight manual, whichever is less; (iii) maximum continuous thrust or power on the remaining operating engine; (iv) an aeroplane mass not less than that resulting from- (aa) take-off at sea-level at maximum take-off mass until the time elapsed since take-off is equal to the applicable threshold prescribed in subregulation (1); (bb) all engines climb to the optimum long range cruise altitude until the time elapsed since take-off is equal to the applicable threshold prescribed in subregulation (1); and (cc) all engines cruise at the long range cruise speed at this altitude until the time elapsed since take-off is equal to the applicable threshold prescribed in subregulation (1).

(3)

An AOC holder shall ensure that the following data, specific to each type or variant, is included in the Operations Manual- (a) the one-engine-inoperative cruise speed determined in accordance with subregulation (2); and (b) the maximum distance from an adequate aerodrome determined in accordance with subregulations (1) and (2).

(4)

The speeds and altitudes specified in this regulation shall be used for establishing the maximum distance from an adequate aerodrome.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Maximum distance from an adequate aerodrome”.

“for two- engine aeroplanes without an EDTO specific approval (1) Unless specifically granted an EDTO specific approval by the authority, an AOC holder shall not operate a twin engine aeroplane over a route which contains a point further from an adequate aerodrome than, in the case of- (a) large, turbine engine powered aeroplanes the distance flown in sixty minutes at the one-engine-inoperative cruise speed determined in accordance with subregulation (2) with either- (i) a maximum approved passenger seating…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (2) An AOC holder shall determine a speed for the calculation of the maximum distance to an adequate aerodrome for each twoengine aeroplane type or variant operated, not exceeding Vmo based upon the true airspeed that the aeroplane can maintain with oneengine-inoperative under the following conditions- (a) International Standard Atmosphere; (b) level flight- (i) for turbine engine powered aeroplanes at- (aa) flight level 170; or (bb) at the maximum flight level to which the aeroplane, with one engine inoperative, can climb, and maintain, using the gross rate of climb specified in the aeroplane flight manual, whichever is less; (ii) for propeller driven aeroplanes- (aa) flight level 80; or (bb) at the maximum flight level to which the aeroplane, with one engine inoperative, can climb, and maintain, using the gross rate of climb specified in the aeroplane flight manual, whichever is less; (iii) maximum continuous thrust or power on the remaining operating engine; (iv) an aeroplane mass not less than that resulting from- (aa) take-off at sea-level at maximum take-off mass until the time elapsed since take-off is equal to the applicable threshold prescribed in subregulation (1); (bb) all engines climb to the optimum long range cruise altitude until the time elapsed since take-off is equal to the applicable threshold prescribed in subregulation (1); and (cc) all engines cruise at the long range cruise speed at this altitude until the time elapsed since take-off is equal to the applicable threshold prescribed in subregulation (1).
  2. (3) An AOC holder shall ensure that the following data, specific to each type or variant, is included in the Operations Manual- (a) the one-engine-inoperative cruise speed determined in accordance with subregulation (2); and (b) the maximum distance from an adequate aerodrome determined in accordance with subregulations (1) and (2).
  3. (4) The speeds and altitudes specified in this regulation shall be used for establishing the maximum distance from an adequate aerodrome.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
107. Carry-on baggage

An operator shall ensure that all baggage carried onto an aeroplane and taken into the passenger cabin is adequately and securely stowed

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Carry-on baggage”.

“An operator shall ensure that all baggage carried onto an aeroplane and taken into the passenger cabin is adequately and securely stowed”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. An operator shall ensure that all baggage carried onto an aeroplane and taken into the passenger cabin is adequately and securely stowed
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
108. Additional requirements for single pilot operations

under the Instrument Flight Rules or at night (1) An aeroplane shall not be operated under IFR or at night by a single pilot unless approved by the authority .

(2)

An aeroplane shall not be operated under IFR or at night by a single pilot unless-

(a)

the flight manual does not require a flight crew of more than one;

(b)

the aeroplane is propeller-driven;

(c)

the maximum approved passenger seating configuration is not more than 9 passengers;

(d)

the maximum certificated take-off mass does not exceed 5,700 kilograms;

(e)

the aeroplane is equipped as described in the Civil Aviation (Aircraft Instruments and Equipment) Regulations, 2022; and

(f)

the PIC has satisfied the requirements of experience, training, checking and recency described in regulation

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Additional requirements for single pilot operations”.

“under the Instrument Flight Rules or at night (1) An aeroplane shall not be operated under IFR or at night by a single pilot unless approved by the authority .”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (2) An aeroplane shall not be operated under IFR or at night by a single pilot unless-
  2. (a) the flight manual does not require a flight crew of more than one;
  3. (b) the aeroplane is propeller-driven;
  4. (c) the maximum approved passenger seating configuration is not more than 9 passengers;
  5. (d) the maximum certificated take-off mass does not exceed 5,700 kilograms;
  6. (e) the aeroplane is equipped as described in the Civil Aviation (Aircraft Instruments and Equipment) Regulations, 2022; and
  7. (f) the PIC has satisfied the requirements of experience, training, checking and recency described in regulation
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
132. 109. Managing fatigue-related safety risks An

Operator shall manage fatigue-related safety risks, in accordance with the Civil Aviation (Fatigue Management) Regulations,

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “109. Managing fatigue-related safety risks An”.

“Operator shall manage fatigue-related safety risks, in accordance with the Civil Aviation (Fatigue Management) Regulations,”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Operator shall manage fatigue-related safety risks, in accordance with the Civil Aviation (Fatigue Management) Regulations,
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part IV

110. General provisions
(1)

An operator shall operate an aeroplane in accordance with a comprehensive and detailed code of performance as established in the aircraft flight manual and in compliance with these Regulations.

(2)

Except as provided for in regulation 115, single-engine aeroplanes shall only be operated in conditions of weather and light, and over such routes and diversions therefrom, that permit a safe forced landing to be executed in the event of engine failure.

(3)

The authority shall ensure that the level of performance specified in subregulation (1) is met as far as practicable for an aircraft and aircraft equipment types of which the prototype is submitted to the appropriate national authorities for certification prior to a date three years after the date of adoption of the airworthiness requirements for such equipment.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “General provisions”.

“(1) An operator shall operate an aeroplane in accordance with a comprehensive and detailed code of performance as established in the aircraft flight manual and in compliance with these Regulations.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) An operator shall operate an aeroplane in accordance with a comprehensive and detailed code of performance as established in the aircraft flight manual and in compliance with these Regulations.
  2. (2) Except as provided for in regulation 115, single-engine aeroplanes shall only be operated in conditions of weather and light, and over such routes and diversions therefrom, that permit a safe forced landing to be executed in the event of engine failure.
  3. (3) The authority shall ensure that the level of performance specified in subregulation (1) is met as far as practicable for an aircraft and aircraft equipment types of which the prototype is submitted to the appropriate national authorities for certification prior to a date three years after the date of adoption of the airworthiness requirements for such equipment.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
111. Performance limitation of aeroplanes above 5,700kilograms

certified after 13th June (1) This regulation is applicable to large aeroplanes certificated after 13th June, 1960.

(2)

The level of performance defined by the appropriate parts of the comprehensive and detailed national code for the aeroplanes designated in subregulation (1) shall be at least substantially equivalent to the overall level embodied in these Regulations.

(3)

An operator shall operate an aeroplane in compliance with the terms of its certificate of airworthiness and within the approved operating limitations contained in its flight manual.

(4)

An operator shall ensure that the general level of safety required by the provisions of these Regulations is maintained under all expected operating conditions, including those not covered specifically by these Regulations.

(5)

An operator shall not commence a flight unless the performance information provided in the flight manual, supplemented as necessary with other data acceptable to the authority, indicates that these Regulations can be complied with for the flight to be undertaken.

(6)

The factors in subregulation (5) shall be taken into account directly as operational parameters or indirectly by means of allowances or margins, which may be provided in the scheduling of performance data or in the comprehensive and detailed code of performance in accordance with which the aeroplane is being operated.

(7)

An operator shall take into account all factors that significantly affect the performance of the aeroplane including- (a) the mass of the aeroplane; (b) the operating procedures; (c) the pressure-altitude appropriate to the elevation of the aerodrome; (d) the runway slope; (e) the ambient temperature; (f) the wind; (g) surface conditions of the runway at the expected time of use-presence of snow, slush, water or ice for land planes; and (h) water surface condition for seaplanes.

(8)

The factors in subregulation (7)shall be taken into account directly as operational parameters or indirectly by means of allowances or margins, which shall be provided in the scheduling of performance data or in the comprehensive and detailed code of performance in accordance with which the aeroplane is being operated.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Performance limitation of aeroplanes above 5,700kilograms”.

“certified after 13th June (1) This regulation is applicable to large aeroplanes certificated after 13th June, 1960.”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Performance limitation of aeroplanes above 5,700kilograms”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (2) The level of performance defined by the appropriate parts of the comprehensive and detailed national code for the aeroplanes designated in subregulation (1) shall be at least substantially equivalent to the overall level embodied in these Regulations.
  2. (3) An operator shall operate an aeroplane in compliance with the terms of its certificate of airworthiness and within the approved operating limitations contained in its flight manual.
  3. (4) An operator shall ensure that the general level of safety required by the provisions of these Regulations is maintained under all expected operating conditions, including those not covered specifically by these Regulations.
  4. (5) An operator shall not commence a flight unless the performance information provided in the flight manual, supplemented as necessary with other data acceptable to the authority, indicates that these Regulations can be complied with for the flight to be undertaken.
  5. (6) The factors in subregulation (5) shall be taken into account directly as operational parameters or indirectly by means of allowances or margins, which may be provided in the scheduling of performance data or in the comprehensive and detailed code of performance in accordance with which the aeroplane is being operated.
  6. (7) An operator shall take into account all factors that significantly affect the performance of the aeroplane including- (a) the mass of the aeroplane; (b) the operating procedures; (c) the pressure-altitude appropriate to the elevation of the aerodrome; (d) the runway slope; (e) the ambient temperature; (f) the wind; (g) surface conditions of the runway at the expected time of use-presence of snow, slush, water or ice for land planes; and (h) water surface condition for seaplanes.
  7. (8) The factors in subregulation (7)shall be taken into account directly as operational parameters or indirectly by means of allowances or margins, which shall be provided in the scheduling of performance data or in the comprehensive and detailed code of performance in accordance with which the aeroplane is being operated.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
112. Mass limitations
(1)

The mass of the aeroplane at the start of take-off-

(a)

shall not exceed the mass at which subregulation (2) is complied with, or the mass at subregulations (5), (6) and (7) are complied with, allowing for expected reductions in mass as the flight proceeds, and for such fuel jettisoning as is envisaged in applying subregulations (6) and (7) and, in respect of alternate aerodromes, subregulations (1)( c) and (7);

(b)

shall not exceed the maximum take-off mass specified in the flight manual for the pressure-altitude appropriate to the elevation of the aerodrome, and, where used as a parameter to determine the maximum take-off mass, any other local atmospheric condition;

(c)

shall not exceed the estimated mass for the expected time of landing at the aerodrome of intended landing and at any destination alternate aerodrome, exceed the maximum landing mass specified in the flight manual for the pressure- altitude appropriate to the elevation of those aerodromes, and where used as a parameter to determine the maximum landing mass, any other local atmospheric condition; or

(d)

at the expected time of landing at the aerodrome of intended landing and at any destination alternate aerodrome, shall not exceed the relevant maximum masses at which compliance has been demonstrated with the applicable noise certification standards in the Civil Aviation (Airworthiness of Aircraft) Regulations, 2022 unless otherwise authorised in exceptional circumstances for a certain aerodrome or a runway where there is no noise disturbance problem, by the competent authority of the State in which the aerodrome is situated.

(2)

During take-off, the aeroplane shall be able, in the event of a critical engine failing, or for other safety reasons, at any point in the take-off, either to discontinue the take-off and stop within the accelerate-stop distance available, or to continue the takeoff and clear all obstacles along the flight path by an adequate vertical or horizontal distance until the aeroplane is in a position to comply with subregulation (6).

(3)

When determining the resulting take-off obstacle accountability area, the operator shall take into account the operating conditions, such as the crosswind component and navigation accuracy.

(4)

In determining the length of the runway available, the operator shall take into account the loss, if any, of runway length due to alignment of the aeroplane prior to take-off.

(5)

During en route operations with one engine the aeroplane shall, in the event of the critical engine becoming inoperative at any point along the route or planned diversions there from, be able to continue the flight to an aerodrome at which the requirement of subregulation (7) can be met without flying below the minimum flight altitude at any point.

(6)

During en route operations with two engines, in the case of aeroplanes having three or more engines, on any part of a route where the location of en-route alternate aerodromes and the total duration of the flight are such that the probability of a second engine becoming inoperative shall be allowed for if the general level of safety implied by the requirements of these Regulations is to be maintained, the aeroplane shall, in the event of any two engines becoming inoperative, be able to continue the flight to an en-route alternate aerodrome and land.

(7)

During landing, the PIC shall, at the aerodrome of intended landing and at any alternate aerodrome, after clearing all obstacles in the approach path by a safe margin, be able to land, with assurance that it can come to a stop or, for a seaplane, to a satisfactorily low speed, within the landing distance available.

(8)

Allowance shall be made for expected variations in the approach and landing techniques, if such allowance has not been made in the scheduling of performance data.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Mass limitations”.

“(1) The mass of the aeroplane at the start of take-off-”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

12
  1. (1) The mass of the aeroplane at the start of take-off-
  2. (a) shall not exceed the mass at which subregulation (2) is complied with, or the mass at subregulations (5), (6) and (7) are complied with, allowing for expected reductions in mass as the flight proceeds, and for such fuel jettisoning as is envisaged in applying subregulations (6) and (7) and, in respect of alternate aerodromes, subregulations (1)( c) and (7);
  3. (b) shall not exceed the maximum take-off mass specified in the flight manual for the pressure-altitude appropriate to the elevation of the aerodrome, and, where used as a parameter to determine the maximum take-off mass, any other local atmospheric condition;
  4. (c) shall not exceed the estimated mass for the expected time of landing at the aerodrome of intended landing and at any destination alternate aerodrome, exceed the maximum landing mass specified in the flight manual for the pressure- altitude appropriate to the elevation of those aerodromes, and where used as a parameter to determine the maximum landing mass, any other local atmospheric condition; or
  5. (d) at the expected time of landing at the aerodrome of intended landing and at any destination alternate aerodrome, shall not exceed the relevant maximum masses at which compliance has been demonstrated with the applicable noise certification standards in the Civil Aviation (Airworthiness of Aircraft) Regulations, 2022 unless otherwise authorised in exceptional circumstances for a certain aerodrome or a runway where there is no noise disturbance problem, by the competent authority of the State in which the aerodrome is situated.
  6. (2) During take-off, the aeroplane shall be able, in the event of a critical engine failing, or for other safety reasons, at any point in the take-off, either to discontinue the take-off and stop within the accelerate-stop distance available, or to continue the takeoff and clear all obstacles along the flight path by an adequate vertical or horizontal distance until the aeroplane is in a position to comply with subregulation (6).
  7. (3) When determining the resulting take-off obstacle accountability area, the operator shall take into account the operating conditions, such as the crosswind component and navigation accuracy.
  8. (4) In determining the length of the runway available, the operator shall take into account the loss, if any, of runway length due to alignment of the aeroplane prior to take-off.

4 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
113. Obstacle Data
(1)

The authority shall provide obstacle data to enable an operator to develop procedures to comply with these Regulations.

(2)

The operator shall take into account of charting accuracy when assessing compliance with regulation 114(2).

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Obstacle Data”.

“(1) The authority shall provide obstacle data to enable an operator to develop procedures to comply with these Regulations.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) The authority shall provide obstacle data to enable an operator to develop procedures to comply with these Regulations.
  2. (2) The operator shall take into account of charting accuracy when assessing compliance with regulation 114(2).
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
114. Additional requirements for operations of single-engine

turbine -powered aeroplanes at night or in instrument meteorological conditions or IMC (1) In approving operations by single-engine turbine-powered aeroplanes at night or in IMC, the authority shall ensure that the airworthiness certification of an aeroplane is appropriate and that the overall level of safety intended by of these Regulations, Schedule 2 to these Regulations and the Civil Aviation (Airworthiness of Aircraft) Regulation, 2022 as provided by- (a) the reliability of the turbine engine; (b) the operator's maintenance procedures, operating practices, flight dispatch procedures and crew training programs; and (c) equipment and other requirements provided in accordance with the Civil Aviation (Aircraft Instruments and Equipment) Regulations, 2022. (2) All single-engine turbine-powered aeroplanes operated at night or in IMC shall have an engine trend monitoring system, and

aeroplanes for which the individual certificate of airworthiness is first issued on or after 1st January, 2005 shall have an automatic trend monitoring system.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Additional requirements for operations of single-engine”.

“turbine -powered aeroplanes at night or in instrument meteorological conditions or IMC (1) In approving operations by single-engine turbine-powered aeroplanes at night or in IMC, the authority shall ensure that the airworthiness certification of an aeroplane is appropriate and that the overall level of safety intended by of these Regulations, Schedule 2 to these Regulations and the Civil Aviation (Airworthiness of Aircraft) Regulation, 2022 as provided by- (a) the reliability of the turbine engine; (b) the…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. turbine -powered aeroplanes at night or in instrument meteorological conditions or IMC (1) In approving operations by single-engine turbine-powered aeroplanes at night or in IMC, the authority shall ensure that the airworthiness certification of an aeroplane is appropriate and that the overall level of safety intended by of these Regulations, Schedule 2 to these Regulations and the Civil Aviation (Airworthiness of Aircraft) Regulation, 2022 as provided by- (a) the reliability of the turbine engine; (b) the operator's maintenance procedures, operating practices, flight dispatch procedures and crew training programs; and (c) equipment and other requirements provided in accordance with the Civil Aviation (Aircraft Instruments and Equipment) Regulations, 2022. (2) All single-engine turbine-powered aeroplanes operated at night or in IMC shall have an engine trend monitoring system, and
  2. aeroplanes for which the individual certificate of airworthiness is first issued on or after 1st January, 2005 shall have an automatic trend monitoring system.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
115. Aeroplanes instruments, equipment and flight documents

An operator shall not operate an aeroplane unless it complies with the requirements specified in the Civil Aviation (Aircraft Instruments and Equipment) Regulations,

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Aeroplanes instruments, equipment and flight documents”.

“An operator shall not operate an aeroplane unless it complies with the requirements specified in the Civil Aviation (Aircraft Instruments and Equipment) Regulations,”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. An operator shall not operate an aeroplane unless it complies with the requirements specified in the Civil Aviation (Aircraft Instruments and Equipment) Regulations,
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part V

116. Composition of flight crew
(1)

An operator shall not operate an aeroplane unless the number and composition of the flight crew is as specified in the approved operations manual.

(2)

Subject to subregulation (1), the flight crew shall include flight crew members in addition to the minimum numbers specified in the flight manual or other documents associated with the certificate of airworthiness, when necessitated by considerations related to the type of aeroplane used, the type of operation involved and the duration of flight between points where flight crew are changed.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Composition of flight crew”.

“(1) An operator shall not operate an aeroplane unless the number and composition of the flight crew is as specified in the approved operations manual.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) An operator shall not operate an aeroplane unless the number and composition of the flight crew is as specified in the approved operations manual.
  2. (2) Subject to subregulation (1), the flight crew shall include flight crew members in addition to the minimum numbers specified in the flight manual or other documents associated with the certificate of airworthiness, when necessitated by considerations related to the type of aeroplane used, the type of operation involved and the duration of flight between points where flight crew are changed.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
117. Radio Operator

A flight crew shall include at least one member who holds a valid license, issued or rendered valid by the State of Registry, authorising operation of the type of radio transmitting equipment to be used

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Radio Operator”.

“A flight crew shall include at least one member who holds a valid license, issued or rendered valid by the State of Registry, authorising operation of the type of radio transmitting equipment to be used”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A flight crew shall include at least one member who holds a valid license, issued or rendered valid by the State of Registry, authorising operation of the type of radio transmitting equipment to be used
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
118. Flight engineer

Where a separate flight engineer's station is incorporated in the design of an aeroplane, the flight crew shall include at least one flight engineer assigned to that station, unless the duties associated with that station can be satisfactorily performed by another flight crew member, holding a flight engineer license, without interference with regular duties

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Flight engineer”.

“Where a separate flight engineer's station is incorporated in the design of an aeroplane, the flight crew shall include at least one flight engineer assigned to that station, unless the duties associated with that station can be satisfactorily performed by another flight crew member, holding a flight engineer license, without interference with regular duties”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Where a separate flight engineer's station is incorporated in the design of an aeroplane, the flight crew shall include at least one flight engineer assigned to that station, unless the duties associated with that station can be satisfactorily performed by another flight crew member, holding a flight engineer license, without interference with regular duties
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
119. Flight navigator

Where a separate flight navigator is required by the State of Registry, the flight crew shall include at least one member who holds a flight navigator licence in all operations, as determined by the authority, navigation necessary for the safe conduct of the flight cannot be adequately accomplished by the pilots from the pilot station.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Flight navigator”.

“Where a separate flight navigator is required by the State of Registry, the flight crew shall include at least one member who holds a flight navigator licence in all operations, as determined by the authority, navigation necessary for the safe conduct of the flight cannot be adequately accomplished by the pilots from the pilot station.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Where a separate flight navigator is required by the State of Registry, the flight crew shall include at least one member who holds a flight navigator licence in all operations, as determined by the authority, navigation necessary for the safe conduct of the flight cannot be adequately accomplished by the pilots from the pilot station.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
120. One pilot qualified to perform flight engineer functions

An air operator certificate holder shall ensure that, on all flights requiring a flight engineer there is assigned at least one other flight crew member qualified to perform the flight engineer duties in the event the flight engineer becomes incapacitated

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “One pilot qualified to perform flight engineer functions”.

“An air operator certificate holder shall ensure that, on all flights requiring a flight engineer there is assigned at least one other flight crew member qualified to perform the flight engineer duties in the event the flight engineer becomes incapacitated”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. An air operator certificate holder shall ensure that, on all flights requiring a flight engineer there is assigned at least one other flight crew member qualified to perform the flight engineer duties in the event the flight engineer becomes incapacitated
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
121. Flight crew member emergency duties
(1)

An operator shall, for each type of aeroplane, assign to all flight crew members the necessary functions they are to perform in an emergency or in a situation requiring emergency evacuation.

(2)

Annual training in accomplishing functions in subregulation (1) shall be contained in the operator's training programme and shall include instruction in the use of all emergency and life-saving equipment required to be carried, and drills in the emergency evacuation of the aeroplane.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Flight crew member emergency duties”.

“(1) An operator shall, for each type of aeroplane, assign to all flight crew members the necessary functions they are to perform in an emergency or in a situation requiring emergency evacuation.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) An operator shall, for each type of aeroplane, assign to all flight crew members the necessary functions they are to perform in an emergency or in a situation requiring emergency evacuation.
  2. (2) Annual training in accomplishing functions in subregulation (1) shall be contained in the operator's training programme and shall include instruction in the use of all emergency and life-saving equipment required to be carried, and drills in the emergency evacuation of the aeroplane.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
122. Fight crew member training programmes
(1)

An operator shall establish and maintain a ground and flight training programme, approved by the authority in accordance with the Civil Aviation (Air Operator Certification and Administration) Regulations, 2021, which ensures that all flight crew members are adequately trained to perform their assigned duties.

(2)

The training programme established under subregulation (1) shall- (a) include ground and flight training facilities and properly qualified instructors as determined by the authority;

(b)

consist of ground and flight training in the type of aeroplane on which the flight crew member serves; (c) include proper flight crew coordination and training in all types of emergency and abnormal situations or procedures caused by engine, airframe or systems malfunctions, fire or other abnormalities; (d) include upset prevention and recovery training; (e) include training in knowledge and skills related to visual and instrument flight procedures for the intended area of operation, charting, human performance including threat and error management and in the transport of dangerous goods; (f) ensure that all flight crew members know the functions for which they are responsible and the relation of these functions to the functions of other crew members, particularly in regard to abnormal or emergency procedures; and (g) be undertaken on a recurrent basis, as determined by the authority and shall include an assessment of competence.

(3)

The requirement for recurrent flight training in a particular type of aeroplane shall be considered fulfilled by- (a) the use, to the extent deemed feasible by the authority, of flight simulation training devices approved by that State for that purpose; or (b) the completion within the appropriate period of the proficiency check required by regulation 135 in that type of aeroplane.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Fight crew member training programmes”.

“(1) An operator shall establish and maintain a ground and flight training programme, approved by the authority in accordance with the Civil Aviation (Air Operator Certification and Administration) Regulations, 2021, which ensures that all flight crew members are adequately trained to perform their assigned duties.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) An operator shall establish and maintain a ground and flight training programme, approved by the authority in accordance with the Civil Aviation (Air Operator Certification and Administration) Regulations, 2021, which ensures that all flight crew members are adequately trained to perform their assigned duties.
  2. (2) The training programme established under subregulation (1) shall- (a) include ground and flight training facilities and properly qualified instructors as determined by the authority;
  3. (b) consist of ground and flight training in the type of aeroplane on which the flight crew member serves; (c) include proper flight crew coordination and training in all types of emergency and abnormal situations or procedures caused by engine, airframe or systems malfunctions, fire or other abnormalities; (d) include upset prevention and recovery training; (e) include training in knowledge and skills related to visual and instrument flight procedures for the intended area of operation, charting, human performance including threat and error management and in the transport of dangerous goods; (f) ensure that all flight crew members know the functions for which they are responsible and the relation of these functions to the functions of other crew members, particularly in regard to abnormal or emergency procedures; and (g) be undertaken on a recurrent basis, as determined by the authority and shall include an assessment of competence.
  4. (3) The requirement for recurrent flight training in a particular type of aeroplane shall be considered fulfilled by- (a) the use, to the extent deemed feasible by the authority, of flight simulation training devices approved by that State for that purpose; or (b) the completion within the appropriate period of the proficiency check required by regulation 135 in that type of aeroplane.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
123. Duties during critical phases of flight

A flight crew member shall not (a) perform any duties during a critical phase of flight except duties required for the safe operation of the aircraft; and

(b)

engage in any activity during a critical phase of flight which may distract or interfere with the performance of that flight crew member's assigned duties.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Duties during critical phases of flight”.

“A flight crew member shall not (a) perform any duties during a critical phase of flight except duties required for the safe operation of the aircraft; and”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (b) engage in any activity during a critical phase of flight which may distract or interfere with the performance of that flight crew member's assigned duties.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
124. Manipulation of controls
(1)

A PIC shall not allow an unqualified person to manipulate the controls of an aircraft during commercial air transport operations.

(2)

A person shall not manipulate the controls of an aircraft during commercial air transport operations unless the person is qualified to manipulate the controls and is authorised to do so by the air operator certificate holder.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Manipulation of controls”.

“(1) A PIC shall not allow an unqualified person to manipulate the controls of an aircraft during commercial air transport operations.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) A PIC shall not allow an unqualified person to manipulate the controls of an aircraft during commercial air transport operations.
  2. (2) A person shall not manipulate the controls of an aircraft during commercial air transport operations unless the person is qualified to manipulate the controls and is authorised to do so by the air operator certificate holder.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
125. Access for aircraft inspection
(1)

An operator shall give an inspector free and uninterrupted access to the aircraft, including the cockpit, when an inspector from the authority presents valid aviation safety inspector credentials to the PIC in order to conduct an inspection.

(2)

Notwithstanding subregulation (1), the PIC may refuse an inspector access to the cockpit if, in his or her opinion, the safety of the aircraft may be endangered.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Access for aircraft inspection”.

“(1) An operator shall give an inspector free and uninterrupted access to the aircraft, including the cockpit, when an inspector from the authority presents valid aviation safety inspector credentials to the PIC in order to conduct an inspection.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) An operator shall give an inspector free and uninterrupted access to the aircraft, including the cockpit, when an inspector from the authority presents valid aviation safety inspector credentials to the PIC in order to conduct an inspection.
  2. (2) Notwithstanding subregulation (1), the PIC may refuse an inspector access to the cockpit if, in his or her opinion, the safety of the aircraft may be endangered.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
126. Admission to cockpit
(1)

A PIC shall not admit any person to the cockpit of an aircraft engaged in commercial air transport operations unless the person being admitted is- (a) an operating crew member; (b) an authorised person responsible for certification, licensing or inspection; (c) a person authorised by the authority with the approval of the operator; or (d) permitted and carried in accordance with instructions contained in the operations manual.

(2)

A PIC shall not admit any person who is not a flight crew member to the cockpit of an aircraft of maximum certificated mass of over 5,700 kilograms unless there is a seat available in the passenger compartment for use by the person to be admitted in the cockpit.

(3)

A PIC shall ensure that-

(a)

in the interest of safety, admission to the cockpit does not cause distraction to the flight crew or interfere with the flight's operations; and

(b)

all persons carried in the cockpit are made familiar with the relevant safety procedures.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Admission to cockpit”.

“(1) A PIC shall not admit any person to the cockpit of an aircraft engaged in commercial air transport operations unless the person being admitted is- (a) an operating crew member; (b) an authorised person responsible for certification, licensing or inspection; (c) a person authorised by the authority with the approval of the operator; or (d) permitted and carried in accordance with instructions contained in the operations manual.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) A PIC shall not admit any person to the cockpit of an aircraft engaged in commercial air transport operations unless the person being admitted is- (a) an operating crew member; (b) an authorised person responsible for certification, licensing or inspection; (c) a person authorised by the authority with the approval of the operator; or (d) permitted and carried in accordance with instructions contained in the operations manual.
  2. (2) A PIC shall not admit any person who is not a flight crew member to the cockpit of an aircraft of maximum certificated mass of over 5,700 kilograms unless there is a seat available in the passenger compartment for use by the person to be admitted in the cockpit.
  3. (3) A PIC shall ensure that-
  4. (a) in the interest of safety, admission to the cockpit does not cause distraction to the flight crew or interfere with the flight's operations; and
  5. (b) all persons carried in the cockpit are made familiar with the relevant safety procedures.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
127. Recent experience of pilot -in-command and co-pilot
(1)

An operator shall not assign a PIC or a co-pilot to operate at the flight controls of a type or variant of a type of aeroplane during take-off and landing unless that pilot has operated the flight controls during at least three take-offs and landings within the preceding ninety days on the same type of aeroplane or in a flight simulator approved for the purpose.

(2)

Where a PIC or a co-pilot is flying several variants of the same type of aeroplane or different types of aeroplanes with similar characteristics in terms of operating procedures, systems and handling, the authority shall decide under which conditions the requirements of subregulation (1) for each variant or each type of aeroplane can be combined.

(3)

The take-offs and landings required by subregulation (1) may be performed in a visual synthetic flight trainer approved by the authority to include take-off and landing manoeuvres and any person who fails to make the 3 required take-offs and landings within any consecutive ninety day period shall re-establish recency of experience as provided in this regulation.

(4)

In addition to meeting all applicable training and checking requirements of these Regulations, a flight crew member who has not met the requirements of subregulation (1) shall re-establish recency of experience as follows- (a) under the supervision of a check pilot, make at least 3 take-offs and landings in the type of aircraft in which that person is to serve or where an advanced synthetic flight trainer is used, the requirements of this regulation shall be met; and (b) the take-offs and landings required in this paragraph shall include- (i) at least one take-off with a simulated failure of the most critical engine; (ii) at least one landing from an instrument landing system approach to the lowest instrument landing system minimum authorised for the certificate holder; and (iii) at least one landing to a full stop.

(5)

A required flight crew member who performs the manoeuvres prescribed in subregulation (3) in a visual synthetic flight trainer shall- (a) have previously logged one hundred hours of flight time in the same aircraft type in which the pilot is to serve; and (b) be observed on the first 2 landings made in operations under this Part by an approved check pilot who acts as PIC and occupies a pilot seat and the landings shall be made in weather minima that are not less than those contained in the AOC holder's operation specifications for Category I operations, and shall be made within forty five days following completion of training in the synthetic flight trainer. (6) When using a synthetic flight trainer to accomplish any of the requirements of subregulations (1) or (3), a required flight crew member position shall be operated as if in a normal in-flight environment without use of the repositioning features of the synthetic flight trainer.

(7)

A check pilot who observes the take-offs and landings prescribed in subregulations (3) and (4) shall certify that the person being observed is proficient and qualified to perform flight duty in operations under these Regulations and may require any additional manoeuvres that are determined necessary to make the certifying statement.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Recent experience of pilot -in-command and co-pilot”.

“(1) An operator shall not assign a PIC or a co-pilot to operate at the flight controls of a type or variant of a type of aeroplane during take-off and landing unless that pilot has operated the flight controls during at least three take-offs and landings within the preceding ninety days on the same type of aeroplane or in a flight simulator approved for the purpose.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. (1) An operator shall not assign a PIC or a co-pilot to operate at the flight controls of a type or variant of a type of aeroplane during take-off and landing unless that pilot has operated the flight controls during at least three take-offs and landings within the preceding ninety days on the same type of aeroplane or in a flight simulator approved for the purpose.
  2. (2) Where a PIC or a co-pilot is flying several variants of the same type of aeroplane or different types of aeroplanes with similar characteristics in terms of operating procedures, systems and handling, the authority shall decide under which conditions the requirements of subregulation (1) for each variant or each type of aeroplane can be combined.
  3. (3) The take-offs and landings required by subregulation (1) may be performed in a visual synthetic flight trainer approved by the authority to include take-off and landing manoeuvres and any person who fails to make the 3 required take-offs and landings within any consecutive ninety day period shall re-establish recency of experience as provided in this regulation.
  4. (4) In addition to meeting all applicable training and checking requirements of these Regulations, a flight crew member who has not met the requirements of subregulation (1) shall re-establish recency of experience as follows- (a) under the supervision of a check pilot, make at least 3 take-offs and landings in the type of aircraft in which that person is to serve or where an advanced synthetic flight trainer is used, the requirements of this regulation shall be met; and (b) the take-offs and landings required in this paragraph shall include- (i) at least one take-off with a simulated failure of the most critical engine; (ii) at least one landing from an instrument landing system approach to the lowest instrument landing system minimum authorised for the certificate holder; and (iii) at least one landing to a full stop.
  5. (5) A required flight crew member who performs the manoeuvres prescribed in subregulation (3) in a visual synthetic flight trainer shall- (a) have previously logged one hundred hours of flight time in the same aircraft type in which the pilot is to serve; and (b) be observed on the first 2 landings made in operations under this Part by an approved check pilot who acts as PIC and occupies a pilot seat and the landings shall be made in weather minima that are not less than those contained in the AOC holder's operation specifications for Category I operations, and shall be made within forty five days following completion of training in the synthetic flight trainer. (6) When using a synthetic flight trainer to accomplish any of the requirements of subregulations (1) or (3), a required flight crew member position shall be operated as if in a normal in-flight environment without use of the repositioning features of the synthetic flight trainer.
  6. (7) A check pilot who observes the take-offs and landings prescribed in subregulations (3) and (4) shall certify that the person being observed is proficient and qualified to perform flight duty in operations under these Regulations and may require any additional manoeuvres that are determined necessary to make the certifying statement.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
128. Pilot Operating limitations and pairing requirements
(1)

Where a co-pilot has fewer than 100 hours of flight time as co-pilot in operations in the aircraft type being flown, and the PIC is not an appropriately qualified check pilot, the PIC shall make all take-offs and landings in the following situations- (a) special airports designated by the authority or special airports designated by the AOC holder; and (b) in any of the following conditions- (i) the prevailing visibility value in the latest weather report for the airport is at or below 1,200 m; (ii) the Runway Visual Range (RVR) for the runway to be used is at or below 4,000 ft; (iii) the runway to be used has water, snow, slush or similar conditions that may adversely affect aircraft performance; (iv) the braking action on the runway to be used is reported to be less than "good";

(v)

the crosswind component for the runway to be used is in excess of 15 knots; (vi) wind shear is reported in the vicinity of the airport; or (vii) any other condition in which the PIC determines to be prudent to exercise the PIC's prerogative.

(2)

A person shall not conduct an operation under the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022 unless, for that type of aircraft, either the PIC or the co-pilot has at least seventy five hours of line operating flight time, either as PIC or co-pilot.

(3)

The authority may, upon application by the AOC holder, authorise exemptions from the requirements of this regulation by an appropriate amendment to the operations specifications in any of the following circumstances-

(a)

a newly certificated AOC holder does not employ any pilots who meet the minimum requirements of this regulation; (b) an existing AOC holder adds to its fleet an aircraft type not before proven; (c) for use in its operations; or (d) an existing certificate holder establishes a new domicile to which it assigns pilots who will be required to become qualified on the aircraft operated from that domicile.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Pilot Operating limitations and pairing requirements”.

“(1) Where a co-pilot has fewer than 100 hours of flight time as co-pilot in operations in the aircraft type being flown, and the PIC is not an appropriately qualified check pilot, the PIC shall make all take-offs and landings in the following situations- (a) special airports designated by the authority or special airports designated by the AOC holder; and (b) in any of the following conditions- (i) the prevailing visibility value in the latest weather report for the airport is at or below 1,200 m; (ii) the Runway…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) Where a co-pilot has fewer than 100 hours of flight time as co-pilot in operations in the aircraft type being flown, and the PIC is not an appropriately qualified check pilot, the PIC shall make all take-offs and landings in the following situations- (a) special airports designated by the authority or special airports designated by the AOC holder; and (b) in any of the following conditions- (i) the prevailing visibility value in the latest weather report for the airport is at or below 1,200 m; (ii) the Runway Visual Range (RVR) for the runway to be used is at or below 4,000 ft; (iii) the runway to be used has water, snow, slush or similar conditions that may adversely affect aircraft performance; (iv) the braking action on the runway to be used is reported to be less than "good";
  2. (v) the crosswind component for the runway to be used is in excess of 15 knots; (vi) wind shear is reported in the vicinity of the airport; or (vii) any other condition in which the PIC determines to be prudent to exercise the PIC's prerogative.
  3. (2) A person shall not conduct an operation under the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022 unless, for that type of aircraft, either the PIC or the co-pilot has at least seventy five hours of line operating flight time, either as PIC or co-pilot.
  4. (3) The authority may, upon application by the AOC holder, authorise exemptions from the requirements of this regulation by an appropriate amendment to the operations specifications in any of the following circumstances-
  5. (a) a newly certificated AOC holder does not employ any pilots who meet the minimum requirements of this regulation; (b) an existing AOC holder adds to its fleet an aircraft type not before proven; (c) for use in its operations; or (d) an existing certificate holder establishes a new domicile to which it assigns pilots who will be required to become qualified on the aircraft operated from that domicile.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
129. Recent experience of cruise relief pilot
(1)

An operator shall not assign a pilot to act in the capacity of cruise relief pilot in a type or variant of a type of aeroplane unless, within the preceding ninety days that pilot has either- (a) operated as a PIC, co-pilot or cruise relief pilot on the same type of aeroplane; or

(b)

carried out flying skill refresher training including normal, abnormal and emergency procedures specific to cruise flight on the same type of aeroplane or in a flight simulator approved for the purpose, and has practiced approach and landing procedures, where the approach and landing procedure practice may be performed as the pilot who is not flying the aeroplane.

(2)

Where a cruise relief pilot is flying several variants of the same type of aeroplane or different types of aeroplanes with similar characteristics in terms of operating procedures, systems and handling, the authority shall decide under which conditions the requirements of subregulation (1) for each variant or each type of aeroplane can be combined.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Recent experience of cruise relief pilot”.

“(1) An operator shall not assign a pilot to act in the capacity of cruise relief pilot in a type or variant of a type of aeroplane unless, within the preceding ninety days that pilot has either- (a) operated as a PIC, co-pilot or cruise relief pilot on the same type of aeroplane; or”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) An operator shall not assign a pilot to act in the capacity of cruise relief pilot in a type or variant of a type of aeroplane unless, within the preceding ninety days that pilot has either- (a) operated as a PIC, co-pilot or cruise relief pilot on the same type of aeroplane; or
  2. (b) carried out flying skill refresher training including normal, abnormal and emergency procedures specific to cruise flight on the same type of aeroplane or in a flight simulator approved for the purpose, and has practiced approach and landing procedures, where the approach and landing procedure practice may be performed as the pilot who is not flying the aeroplane.
  3. (2) Where a cruise relief pilot is flying several variants of the same type of aeroplane or different types of aeroplanes with similar characteristics in terms of operating procedures, systems and handling, the authority shall decide under which conditions the requirements of subregulation (1) for each variant or each type of aeroplane can be combined.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
130. PIC, area,route and aerodrome qualification
(1)

An operator shall not utilise a pilot as PIC of an aeroplane on a route or route segment for which that pilot is not currently qualified until the pilot has complied with subregulations (2) and (3).

(2)

A pilot referred to in subregulation (1) shall demonstrate to the operator an adequate knowledge of- (a) the route to be flown, and the aerodromes which are to be used and this shall include knowledge of- (i) the terrain and minimum safe altitudes; (ii) the seasonal meteorological conditions; (iii) the meteorological, communication and air traffic facilities, services and procedures; and (iv) the search and rescue procedures; (b) the navigational facilities and procedures, including any long-range navigation procedures, associated with the route along which the flight is to take place;

(c)

procedures applicable to flight paths over heavily populated areas and areas of high air traffic density, obstructions, physical layout, lighting, approach aids and arrival, departure, holding and instrument approach procedures, and applicable operating minima; and (d) that portion of the demonstration relating to arrival, departure, holding and instrument approach procedures may be accomplished in an appropriate training device which is adequate for this purpose.

(3)

A PIC shall have made an actual approach into each aerodrome of landing on the route, accompanied by a pilot who is qualified for the aerodrome, as a member of the flight crew or as an observer on the flight deck, unless- (a) the approach to the aerodrome is not over difficult terrain and the instrument approach procedures and aids available are similar to those with which the pilot is familiar, and a margin to be approved by the authority is added to the normal operating minima, or there is reasonable certainty that approach and landing can be made in visual meteorological conditions; (b) the descent from the initial approach altitude can be made by day in visual meteorological conditions; (c) the operator qualifies the PIC to land at the aerodrome concerned by means of an adequate pictorial presentation; or (d) the aerodrome concerned is adjacent to another aerodrome at which the PIC is currently qualified to land.

(4)

The operator shall maintain a record, sufficient to satisfy the authority of the qualification of the pilot and of the manner in which such qualification has been achieved. (5) The operator shall not continue to utilise a pilot as a PIC on a route or within an area specified by the operator and approved by the authority unless, within the preceding twelve months, that pilot has made at least one trip as a pilot member of the flight crew, or as a check pilot, or as an observer in the flight crew compartment- (a) within that specified area; and (b) where appropriate, on any route where procedures associated with that route or with any aerodromes intended to be used for take-off or landing require the application of special skills or knowledge.

(6)

In the event that more than twelve months elapse in which a PIC has not made such a trip on a route in close proximity and over similar terrain, within such a specified area, route or aerodrome, and has not practiced such procedures in a training device which is adequate for this purpose, prior to again serving as a PIC within that area or on that route, that pilot shall re-qualify in accordance with subregulations (2) and (3).

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “PIC, area,route and aerodrome qualification”.

“(1) An operator shall not utilise a pilot as PIC of an aeroplane on a route or route segment for which that pilot is not currently qualified until the pilot has complied with subregulations (2) and (3).”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “PIC, area,route and aerodrome qualification”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. (1) An operator shall not utilise a pilot as PIC of an aeroplane on a route or route segment for which that pilot is not currently qualified until the pilot has complied with subregulations (2) and (3).
  2. (2) A pilot referred to in subregulation (1) shall demonstrate to the operator an adequate knowledge of- (a) the route to be flown, and the aerodromes which are to be used and this shall include knowledge of- (i) the terrain and minimum safe altitudes; (ii) the seasonal meteorological conditions; (iii) the meteorological, communication and air traffic facilities, services and procedures; and (iv) the search and rescue procedures; (b) the navigational facilities and procedures, including any long-range navigation procedures, associated with the route along which the flight is to take place;
  3. (c) procedures applicable to flight paths over heavily populated areas and areas of high air traffic density, obstructions, physical layout, lighting, approach aids and arrival, departure, holding and instrument approach procedures, and applicable operating minima; and (d) that portion of the demonstration relating to arrival, departure, holding and instrument approach procedures may be accomplished in an appropriate training device which is adequate for this purpose.
  4. (3) A PIC shall have made an actual approach into each aerodrome of landing on the route, accompanied by a pilot who is qualified for the aerodrome, as a member of the flight crew or as an observer on the flight deck, unless- (a) the approach to the aerodrome is not over difficult terrain and the instrument approach procedures and aids available are similar to those with which the pilot is familiar, and a margin to be approved by the authority is added to the normal operating minima, or there is reasonable certainty that approach and landing can be made in visual meteorological conditions; (b) the descent from the initial approach altitude can be made by day in visual meteorological conditions; (c) the operator qualifies the PIC to land at the aerodrome concerned by means of an adequate pictorial presentation; or (d) the aerodrome concerned is adjacent to another aerodrome at which the PIC is currently qualified to land.
  5. (4) The operator shall maintain a record, sufficient to satisfy the authority of the qualification of the pilot and of the manner in which such qualification has been achieved. (5) The operator shall not continue to utilise a pilot as a PIC on a route or within an area specified by the operator and approved by the authority unless, within the preceding twelve months, that pilot has made at least one trip as a pilot member of the flight crew, or as a check pilot, or as an observer in the flight crew compartment- (a) within that specified area; and (b) where appropriate, on any route where procedures associated with that route or with any aerodromes intended to be used for take-off or landing require the application of special skills or knowledge.
  6. (6) In the event that more than twelve months elapse in which a PIC has not made such a trip on a route in close proximity and over similar terrain, within such a specified area, route or aerodrome, and has not practiced such procedures in a training device which is adequate for this purpose, prior to again serving as a PIC within that area or on that route, that pilot shall re-qualify in accordance with subregulations (2) and (3).
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
131. PIC aeronautical experience for small aircraft

An operator shall ensure that (a) a commercial pilot licence holder does not operate as a pilot-in command certificated for single pilot operations unless- (i) when conducting passenger carrying operations under visual flight rules outside a radius of 50 nm from an aerodrome of departure, the pilot has a minimum of five hundred hours total flight time on aeroplanes or holds a valid instrument rating; or (ii) when operating a multi-engine type under instrument flight rules, the pilot has a minimum of seven hundred hours total flight time on aeroplanes which includes four hundred hours as PIC of which one hundred hours have been under IFR including forty hours multi-engine operation; and

(iii)

the four hundred hours referred to in paragraph (ii) are substituted by hours operating as co-pilot on the basis that 2 hours co-pilot is equivalent to one hour as PIC provided that those hours were gained within an established multi-pilot crew system specified in the operations manual in accordance with the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022;

(b)

in addition to paragraph (a)(ii), when operating under IFR as a single pilot, the requirements prescribed in regulation 157 are satisfied; and

(c)

in multi-pilot crew operations, in addition to subparagraph (a), and prior to the pilot operating as PIC, the PIC course specified in the operations manual specified in accordance with the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022 is completed.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “PIC aeronautical experience for small aircraft”.

“An operator shall ensure that (a) a commercial pilot licence holder does not operate as a pilot-in command certificated for single pilot operations unless- (i) when conducting passenger carrying operations under visual flight rules outside a radius of 50 nm from an aerodrome of departure, the pilot has a minimum of five hundred hours total flight time on aeroplanes or holds a valid instrument rating; or (ii) when operating a multi-engine type under instrument flight rules, the pilot has a minimum of seven hundred…”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “PIC aeronautical experience for small aircraft”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (iii) the four hundred hours referred to in paragraph (ii) are substituted by hours operating as co-pilot on the basis that 2 hours co-pilot is equivalent to one hour as PIC provided that those hours were gained within an established multi-pilot crew system specified in the operations manual in accordance with the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022;
  2. (b) in addition to paragraph (a)(ii), when operating under IFR as a single pilot, the requirements prescribed in regulation 157 are satisfied; and
  3. (c) in multi-pilot crew operations, in addition to subparagraph (a), and prior to the pilot operating as PIC, the PIC course specified in the operations manual specified in accordance with the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022 is completed.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
132. Co-pilot license requirements

A pilot shall not act as co-pilot of an aircraft in commercial air transport operations unless that pilot holds (a) a commercial pilot licence with appropriate category class and type ratings for the aircraft operated; and

(b)

an instrument rating.

133. Pilot age restriction

A person shall not serve nor shall any air operator certificate holder use a person as a required pilot on an aircraft engaged in international commercial air transport operations when that person has attained the age of sixty five years

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Pilot age restriction”.

“A person shall not serve nor shall any air operator certificate holder use a person as a required pilot on an aircraft engaged in international commercial air transport operations when that person has attained the age of sixty five years”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A person shall not serve nor shall any air operator certificate holder use a person as a required pilot on an aircraft engaged in international commercial air transport operations when that person has attained the age of sixty five years
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
134. PIC licence requirements - turbojet, turbofan or large

aircraft A pilot shall not act as PIC of a non-turbojet or turbofan small aircraft in commercial air transport operations during- (a) instrument flight rules operations unless that pilot holds a CPL with appropriate category and class ratings for the aircraft operated, an instrument rating and meets the experience requirements for the operation; or (b) day visual flight rules operations unless that pilot holds a CPL with appropriate category and class ratings for the aircraft operated.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “PIC licence requirements - turbojet, turbofan or large”.

“aircraft A pilot shall not act as PIC of a non-turbojet or turbofan small aircraft in commercial air transport operations during- (a) instrument flight rules operations unless that pilot holds a CPL with appropriate category and class ratings for the aircraft operated, an instrument rating and meets the experience requirements for the operation; or (b) day visual flight rules operations unless that pilot holds a CPL with appropriate category and class ratings for the aircraft operated.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. aircraft A pilot shall not act as PIC of a non-turbojet or turbofan small aircraft in commercial air transport operations during- (a) instrument flight rules operations unless that pilot holds a CPL with appropriate category and class ratings for the aircraft operated, an instrument rating and meets the experience requirements for the operation; or (b) day visual flight rules operations unless that pilot holds a CPL with appropriate category and class ratings for the aircraft operated.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
135. Pilot proficiency checks
(1)

An operator shall ensure that piloting technique and the ability to execute emergency procedures is checked in a way as to demonstrate the competence of a pilot on each type or variant of a type of aeroplane.

(2)

Where an operation is conducted under Instrument Flight Rules, the operator shall ensure that the competence of the pilot to comply with such rules is demonstrated to either a check pilot of the operator or to a representative of the authority

(3)

Pilot proficiency checks shall be performed twice within any period of one year.

(4)

Any two pilot proficiency checks which are similar and which occur within a period of four consecutive months shall not alone satisfy this requirement.

(5)

Flight simulation training devices approved by the authority may be used for those parts of the checks for which they are specifically approved.

(6)

Where the operator schedules flight crew on several variants of the same type of aeroplane or different types of aeroplanes with similar characteristics in terms of operating procedures, systems and handling, the authority shall determine under which conditions the requirements of subregulation (1), for each variant or each type of aeroplane can be combined.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Pilot proficiency checks”.

“(1) An operator shall ensure that piloting technique and the ability to execute emergency procedures is checked in a way as to demonstrate the competence of a pilot on each type or variant of a type of aeroplane.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. (1) An operator shall ensure that piloting technique and the ability to execute emergency procedures is checked in a way as to demonstrate the competence of a pilot on each type or variant of a type of aeroplane.
  2. (2) Where an operation is conducted under Instrument Flight Rules, the operator shall ensure that the competence of the pilot to comply with such rules is demonstrated to either a check pilot of the operator or to a representative of the authority
  3. (3) Pilot proficiency checks shall be performed twice within any period of one year.
  4. (4) Any two pilot proficiency checks which are similar and which occur within a period of four consecutive months shall not alone satisfy this requirement.
  5. (5) Flight simulation training devices approved by the authority may be used for those parts of the checks for which they are specifically approved.
  6. (6) Where the operator schedules flight crew on several variants of the same type of aeroplane or different types of aeroplanes with similar characteristics in terms of operating procedures, systems and handling, the authority shall determine under which conditions the requirements of subregulation (1), for each variant or each type of aeroplane can be combined.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
136. Single pilot operations under the Instrument

Flight Rules or IFR or at night (1) An operator shall comply with the experience, recency and training requirements applicable to single pilot operations intended to be carried out under the IFR or at night as specified in these Regulations.

(2)

The PIC shall-

(a)

for operations under the IFR or at night, have accumulated at least fifty hours flight time on the class of aeroplane, of which at least ten hours shall be as PIC; (b) for operations under the IFR, have accumulated at least twenty five hours flight time under the IFR on the class of aeroplane, which may form part of the fifty hours flight time in paragraph (a); (c) for operations at night, have accumulated at least fiften hours flight time at night, which may form part of the fifty hours flight time in paragraph (a); (d) for operations under the IFR, have acquired recent experience as a pilot engaged in a single pilot operation under the IFR of- (i) at least 5 IFR flights, including 3 instrument approaches carried out during the preceding ninety days on the class of aeroplane in the single pilot role; or (ii) an IFR instrument approach check carried out on such an aeroplane during the preceding ninety days;

(e)

for operations at night, have made at least 3 take-offs and landings at night on the class of aeroplane in the single pilot role in the preceding ninety days; and (f) have successfully completed training programmes that include, in addition to the requirements of regulation 122, passenger briefing with respect to emergency evacuation, autopilot management, and the use of simplified in-flight documentation. (3) The initial and recurrent flight training and proficiency checks indicated in regulations 122 and 135 shall be performed by the PIC in the single pilot role on the class of aeroplane in an environment representative of the operation.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Single pilot operations under the Instrument”.

“Flight Rules or IFR or at night (1) An operator shall comply with the experience, recency and training requirements applicable to single pilot operations intended to be carried out under the IFR or at night as specified in these Regulations.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (2) The PIC shall-
  2. (a) for operations under the IFR or at night, have accumulated at least fifty hours flight time on the class of aeroplane, of which at least ten hours shall be as PIC; (b) for operations under the IFR, have accumulated at least twenty five hours flight time under the IFR on the class of aeroplane, which may form part of the fifty hours flight time in paragraph (a); (c) for operations at night, have accumulated at least fiften hours flight time at night, which may form part of the fifty hours flight time in paragraph (a); (d) for operations under the IFR, have acquired recent experience as a pilot engaged in a single pilot operation under the IFR of- (i) at least 5 IFR flights, including 3 instrument approaches carried out during the preceding ninety days on the class of aeroplane in the single pilot role; or (ii) an IFR instrument approach check carried out on such an aeroplane during the preceding ninety days;
  3. (e) for operations at night, have made at least 3 take-offs and landings at night on the class of aeroplane in the single pilot role in the preceding ninety days; and (f) have successfully completed training programmes that include, in addition to the requirements of regulation 122, passenger briefing with respect to emergency evacuation, autopilot management, and the use of simplified in-flight documentation. (3) The initial and recurrent flight training and proficiency checks indicated in regulations 122 and 135 shall be performed by the PIC in the single pilot role on the class of aeroplane in an environment representative of the operation.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
137. Pilot authorisation in lieu of type rating

The authority may authorise a pilot without a type rating to operate an aircraft requiring a type rating for a period not exceeding sixty days, provided that (a) the applicant has demonstrated to the satisfaction of the authority that an equivalent level of safety can be achieved through the operating limitations on the authorisation; (b) the applicant shows that compliance with these Regulations is impracticable for the flight or series of flights; (c) the operations- (i) involve only a ferry flight, training to qualify on type or test flight; (ii) are within Uganda, unless by previous agreement with the authority, the aircraft is flown to an adjacent contracting State for maintenance; (iii) are not for compensation or hire unless the compensation or hire involves payment for the use of the aircraft for training; and

(iv)

involve only the carriage of flight crew members considered essential for the flight.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Pilot authorisation in lieu of type rating”.

“The authority may authorise a pilot without a type rating to operate an aircraft requiring a type rating for a period not exceeding sixty days, provided that (a) the applicant has demonstrated to the satisfaction of the authority that an equivalent level of safety can be achieved through the operating limitations on the authorisation; (b) the applicant shows that compliance with these Regulations is impracticable for the flight or series of flights; (c) the operations- (i) involve only a ferry flight, training to…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (iv) involve only the carriage of flight crew members considered essential for the flight.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
138. Licences required
(1)

A person shall not act as PIC or in any other capacity as a required flight crew member of an aircraft-

(a)

registered in Uganda, unless that person carries in his or her personal possession the appropriate and current licence for that flight crew position for that type of aircraft; or

(b)

of foreign registry, unless that person carries in his or her personal possession a valid and current licence for that type of aircraft issued to them by the State of registry.

(2)

The flight crew for international and domestic operations shall hold a valid radiotelephony operator licence or endorsement issued or rendered valid by the State of registry, authorising operation of the type of radio transmitting equipment to be used.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Licences required”.

“(1) A person shall not act as PIC or in any other capacity as a required flight crew member of an aircraft-”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) A person shall not act as PIC or in any other capacity as a required flight crew member of an aircraft-
  2. (a) registered in Uganda, unless that person carries in his or her personal possession the appropriate and current licence for that flight crew position for that type of aircraft; or
  3. (b) of foreign registry, unless that person carries in his or her personal possession a valid and current licence for that type of aircraft issued to them by the State of registry.
  4. (2) The flight crew for international and domestic operations shall hold a valid radiotelephony operator licence or endorsement issued or rendered valid by the State of registry, authorising operation of the type of radio transmitting equipment to be used.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
139. Pilot qualifications
(1)

A person shall not operate an aircraft in commercial air transport or aerial work unless he or she is qualified for the specific operation and in the specific type of aircraft used.

(2)

The operator or owner of the aircraft shall ensure that flight crew engaged in civil aviation operations speak and understand the English language.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Pilot qualifications”.

“(1) A person shall not operate an aircraft in commercial air transport or aerial work unless he or she is qualified for the specific operation and in the specific type of aircraft used.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) A person shall not operate an aircraft in commercial air transport or aerial work unless he or she is qualified for the specific operation and in the specific type of aircraft used.
  2. (2) The operator or owner of the aircraft shall ensure that flight crew engaged in civil aviation operations speak and understand the English language.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
140. Fitness of crew members
(1)

A person shall not act as a crew member at any time when that person is aware of any decrease in the medical fitness which might render him or her unable to safely and properly execute the duties of a crew member.

(2)

An operator and the PIC shall be responsible for ensuring that a flight is not-

(a)

commenced if any crew member is incapacitated or unable to perform his or her duties by any cause such as injury, sickness, fatigue, the effects of alcohol or drugs; or

(b)

continued beyond the nearest suitable aerodrome where a flight crew member's capacity to perform functions is significantly reduced by impairment of faculties from causes such as fatigue, sickness or lack of oxygen.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Fitness of crew members”.

“(1) A person shall not act as a crew member at any time when that person is aware of any decrease in the medical fitness which might render him or her unable to safely and properly execute the duties of a crew member.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) A person shall not act as a crew member at any time when that person is aware of any decrease in the medical fitness which might render him or her unable to safely and properly execute the duties of a crew member.
  2. (2) An operator and the PIC shall be responsible for ensuring that a flight is not-
  3. (a) commenced if any crew member is incapacitated or unable to perform his or her duties by any cause such as injury, sickness, fatigue, the effects of alcohol or drugs; or
  4. (b) continued beyond the nearest suitable aerodrome where a flight crew member's capacity to perform functions is significantly reduced by impairment of faculties from causes such as fatigue, sickness or lack of oxygen.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
141. Specific approval required for Category II or III operations
(1)

A person shall not act as a pilot of an aircraft in Category II or III operations unless-

(a)

in the case of a PIC, the person holds a current Category II or III pilot authorisation for that aircraft type; or

(b)

in the case of a co-pilot, the person is authorised by the State of registry to act in that capacity in that aircraft in Category II or III operations.

(2)

An authorisation is not required for an individual pilot of an AOC holder with specific approval for Category II or III operations.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Specific approval required for Category II or III operations”.

“(1) A person shall not act as a pilot of an aircraft in Category II or III operations unless-”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) A person shall not act as a pilot of an aircraft in Category II or III operations unless-
  2. (a) in the case of a PIC, the person holds a current Category II or III pilot authorisation for that aircraft type; or
  3. (b) in the case of a co-pilot, the person is authorised by the State of registry to act in that capacity in that aircraft in Category II or III operations.
  4. (2) An authorisation is not required for an individual pilot of an AOC holder with specific approval for Category II or III operations.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
142. Recording of flight time
(1)

A pilot shall record and keep details of all flights he or she has flown in a logbook format acceptable to the authority.

(2)

An AOC holder-

(a)

may record and maintain details of flights flown by a pilot in an acceptable computerised format; and

(b)

shall make the records of all flights operated by the pilot, including differences and familiarisation training, available on request to the pilot concerned.

(3)

The records referred to in subregulations (1) and (2) shall contain the following information- (a) name and address of the holder; (b) for each flight- (i) name of the PIC; (ii) date of flight; (iii) place and time of departure and arrival, times to be UTC and block to block; (iv) type, aircraft make, model and variant, aircraft nationality and registration marks of aircraft; (v) single engine or multi-engine; (vi) total time of flight;and (vii) accumulated total time of flight; (c) for each synthetic flight trainer or flight and navigation procedures trainers session- (i) type and qualification number of training device; (ii) synthetic training device instruction; (iii) date; (iv) total time of session; and (v) accumulated total time; (d) for each pilot function- (i) the PIC; (ii) the co-pilot; (iii) dual; (iv) authorised instructor or authorised examiner; and

(v)

a remarks column to give details of specific functions such as student PIC time, PIC under supervision time, PIC instrument flight time; and (e) for operational conditions- (i) night; or (ii) Instrument Flight Rules.

(4)

Logging of time- (a) PIC flight time- (i) the holder of a licence may log as PIC time all of the flight time during which he or she is the PIC; (ii) the applicant for or the holder of a pilot licence may log as PIC time all solo flight time and flight time as student PIC provided that such student PIC time is countersigned by the instructor; (iii) the holder of an instructor rating may log as PIC all flight time during which he acts as an instructor in an aeroplane; (iv) the holder of an examiner's authorisation may log as PIC all flight time during which he or she occupies a pilot's seat and acts as an examiner in an aeroplane; (v) a co-pilot acting as PIC under the supervision of the PIC on an aeroplane on which more than one pilot is required under the certificate of airworthiness of the aeroplane or by these Regulations may log as PIC under supervision flight time, provided the PIC time under supervision is countersigned by the PIC; or (vi) where the holder of a licence carries out a number of flights upon the same day returning on each occasion to the same place of departure and the interval between successive flights does not exceed thirty minutes, such series of flights are to be recorded as a single entry; (b) a holder of pilot licence occupying a pilot seat as co- pilot may log all flight time as co-pilot flight time on an aeroplane on which more than one pilot is required under the certificate of airworthiness of the aeroplane; (c) a cruise relief co-pilot may log all flight time as co-pilot when occupying a pilot's seat; (d) an appropriately rated or authorised instructor shall certify the summary of all instruction time logged by an applicant for a licence or rating as flight instruction, instrument flight instruction, instrument ground time; and (e) a co-pilot may log as PIC under supervision flight time flown as PIC under supervision, when all of the duties and functions of PIC on that flight were carried out, such that the intervention of the PIC in the interest of safety was not required, provided that the method of supervision is acceptable to the authority.

(5)

A holder of a pilot licence shall without undue delay present his or her flight time record for inspection upon request by an authorised person and carry his or her flight time record logbook with him on all solo cross-country flights as evidence of the required instructor authorisation.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Recording of flight time”.

“(1) A pilot shall record and keep details of all flights he or she has flown in a logbook format acceptable to the authority.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

8
  1. (1) A pilot shall record and keep details of all flights he or she has flown in a logbook format acceptable to the authority.
  2. (2) An AOC holder-
  3. (a) may record and maintain details of flights flown by a pilot in an acceptable computerised format; and
  4. (b) shall make the records of all flights operated by the pilot, including differences and familiarisation training, available on request to the pilot concerned.
  5. (3) The records referred to in subregulations (1) and (2) shall contain the following information- (a) name and address of the holder; (b) for each flight- (i) name of the PIC; (ii) date of flight; (iii) place and time of departure and arrival, times to be UTC and block to block; (iv) type, aircraft make, model and variant, aircraft nationality and registration marks of aircraft; (v) single engine or multi-engine; (vi) total time of flight;and (vii) accumulated total time of flight; (c) for each synthetic flight trainer or flight and navigation procedures trainers session- (i) type and qualification number of training device; (ii) synthetic training device instruction; (iii) date; (iv) total time of session; and (v) accumulated total time; (d) for each pilot function- (i) the PIC; (ii) the co-pilot; (iii) dual; (iv) authorised instructor or authorised examiner; and
  6. (v) a remarks column to give details of specific functions such as student PIC time, PIC under supervision time, PIC instrument flight time; and (e) for operational conditions- (i) night; or (ii) Instrument Flight Rules.
  7. (4) Logging of time- (a) PIC flight time- (i) the holder of a licence may log as PIC time all of the flight time during which he or she is the PIC; (ii) the applicant for or the holder of a pilot licence may log as PIC time all solo flight time and flight time as student PIC provided that such student PIC time is countersigned by the instructor; (iii) the holder of an instructor rating may log as PIC all flight time during which he acts as an instructor in an aeroplane; (iv) the holder of an examiner's authorisation may log as PIC all flight time during which he or she occupies a pilot's seat and acts as an examiner in an aeroplane; (v) a co-pilot acting as PIC under the supervision of the PIC on an aeroplane on which more than one pilot is required under the certificate of airworthiness of the aeroplane or by these Regulations may log as PIC under supervision flight time, provided the PIC time under supervision is countersigned by the PIC; or (vi) where the holder of a licence carries out a number of flights upon the same day returning on each occasion to the same place of departure and the interval between successive flights does not exceed thirty minutes, such series of flights are to be recorded as a single entry; (b) a holder of pilot licence occupying a pilot seat as co- pilot may log all flight time as co-pilot flight time on an aeroplane on which more than one pilot is required under the certificate of airworthiness of the aeroplane; (c) a cruise relief co-pilot may log all flight time as co-pilot when occupying a pilot's seat; (d) an appropriately rated or authorised instructor shall certify the summary of all instruction time logged by an applicant for a licence or rating as flight instruction, instrument flight instruction, instrument ground time; and (e) a co-pilot may log as PIC under supervision flight time flown as PIC under supervision, when all of the duties and functions of PIC on that flight were carried out, such that the intervention of the PIC in the interest of safety was not required, provided that the method of supervision is acceptable to the authority.
  8. (5) A holder of a pilot licence shall without undue delay present his or her flight time record for inspection upon request by an authorised person and carry his or her flight time record logbook with him on all solo cross-country flights as evidence of the required instructor authorisation.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
143. Completion of technical log books A

PIC shall ensure that all portions of the technical logbook required under the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022, are completed at the appropriate points before, during and after flight operations.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Completion of technical log books A”.

“PIC shall ensure that all portions of the technical logbook required under the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022, are completed at the appropriate points before, during and after flight operations.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. PIC shall ensure that all portions of the technical logbook required under the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022, are completed at the appropriate points before, during and after flight operations.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
144. Reporting mechanical irregularities

A PIC shall ensure that all mechanical irregularities occurring during flight time are- (a) reported to the operator at the termination of the flight; (b) entered in the aircraft logbook and dealt with in accordance with the Minimum Equipment List (MEL) or other approved or prescribed procedure; and (c) for commercial air transport operations, entered in the technical log of the aircraft at the end of that flight time.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Reporting mechanical irregularities”.

“A PIC shall ensure that all mechanical irregularities occurring during flight time are- (a) reported to the operator at the termination of the flight; (b) entered in the aircraft logbook and dealt with in accordance with the Minimum Equipment List (MEL) or other approved or prescribed procedure; and (c) for commercial air transport operations, entered in the technical log of the aircraft at the end of that flight time.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A PIC shall ensure that all mechanical irregularities occurring during flight time are- (a) reported to the operator at the termination of the flight; (b) entered in the aircraft logbook and dealt with in accordance with the Minimum Equipment List (MEL) or other approved or prescribed procedure; and (c) for commercial air transport operations, entered in the technical log of the aircraft at the end of that flight time.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
145. Reporting of facility and navigation aid inadequacies
(1)

An operator shall report, without delay, any inadequacy or irregularity of a facility or navigational aid observed in the course of operations to the person responsible for that facility or navigational aid.

(2)

Subject to their published conditions of use, aerodromes and their facilities shall be kept continuously available for flight operations during their published hours of operations, irrespective of weather conditions.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Reporting of facility and navigation aid inadequacies”.

“(1) An operator shall report, without delay, any inadequacy or irregularity of a facility or navigational aid observed in the course of operations to the person responsible for that facility or navigational aid.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) An operator shall report, without delay, any inadequacy or irregularity of a facility or navigational aid observed in the course of operations to the person responsible for that facility or navigational aid.
  2. (2) Subject to their published conditions of use, aerodromes and their facilities shall be kept continuously available for flight operations during their published hours of operations, irrespective of weather conditions.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
146. Pilot privileges and limitations A pilot

shall not conduct flight operations unless the operations are within the privileges and limitations of each licence he or she holds as specified in the Civil Aviation (Personnel Licensing) Regulations 2022.

147. Flight crew equipment A flight crew member assessed as fit to exercise the privileges of a license, subject to the use of suitable correcting lenses, shall have a spare set of the correcting lenses readily available when exercising those privileges.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Pilot privileges and limitations A pilot”.

“shall not conduct flight operations unless the operations are within the privileges and limitations of each licence he or she holds as specified in the Civil Aviation (Personnel Licensing) Regulations 2022.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. shall not conduct flight operations unless the operations are within the privileges and limitations of each licence he or she holds as specified in the Civil Aviation (Personnel Licensing) Regulations 2022.
  2. 147. Flight crew equipment A flight crew member assessed as fit to exercise the privileges of a license, subject to the use of suitable correcting lenses, shall have a spare set of the correcting lenses readily available when exercising those privileges.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
148. Crew Resource Management (CRM) training
(1)

A person shall not serve nor shall any AOC holder use a person as a crew member or flight operations officer unless that person has completed the initial crew resource management curriculum approved by the authority.

(2)

An AOC holder shall ensure that all crew members have crew resource management training as part of their initial and annual recurrent training requirements.

(3)

A Crew Resource Management (CRM) training program shall include- (a) an initial indoctrination or awareness segment; (b) a method to provide recurrent practice and feedback; and (c) a method of providing continuing reinforcement.

(4)

Curriculum topics to be contained in an initial Crew Resource Management (CRM) training course include- (a) communications processes and decision behaviour; (b) internal and external influences on interpersonal communications; (c) barriers to communication; (d) listening skills; (e) decision making skills; (f) effective briefings; (g) developing open communications; (h) inquiry, advocacy, and assertion training; (i) crew self-critique; (j) conflict resolution; (k) team building and maintenance; (l) leadership and fellowship training; (m) interpersonal relationships; (n) workload management;

(o)

situational awareness; (p) how to prepare, plan and monitor task completions; (q) workload distribution; (r) distraction avoidance; (s) individual factors; and (t) stress reduction.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Crew Resource Management (CRM) training”.

“(1) A person shall not serve nor shall any AOC holder use a person as a crew member or flight operations officer unless that person has completed the initial crew resource management curriculum”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) A person shall not serve nor shall any AOC holder use a person as a crew member or flight operations officer unless that person has completed the initial crew resource management curriculum approved by the authority.
  2. (2) An AOC holder shall ensure that all crew members have crew resource management training as part of their initial and annual recurrent training requirements.
  3. (3) A Crew Resource Management (CRM) training program shall include- (a) an initial indoctrination or awareness segment; (b) a method to provide recurrent practice and feedback; and (c) a method of providing continuing reinforcement.
  4. (4) Curriculum topics to be contained in an initial Crew Resource Management (CRM) training course include- (a) communications processes and decision behaviour; (b) internal and external influences on interpersonal communications; (c) barriers to communication; (d) listening skills; (e) decision making skills; (f) effective briefings; (g) developing open communications; (h) inquiry, advocacy, and assertion training; (i) crew self-critique; (j) conflict resolution; (k) team building and maintenance; (l) leadership and fellowship training; (m) interpersonal relationships; (n) workload management;
  5. (o) situational awareness; (p) how to prepare, plan and monitor task completions; (q) workload distribution; (r) distraction avoidance; (s) individual factors; and (t) stress reduction.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
149. Initial emergency equipment drills
(1)

A person shall not serve nor shall any air operator certificate holder use a person as a crew member unless that person has completed the appropriate initial emergency equipment curriculum and drills for the crew member position approved by the authority for the emergency equipment available on the aircraft to be operated.

(2)

A crew member shall complete emergency training during the specified training periods, using the items of installed emergency equipment for each type of aircraft in which that crew member is to serve.

(3)

During initial training, a crew member shall perform the following one time emergency drills- (a) protective breathing equipment or fire-fighting drill- (i) locate the source of fire or smoke for an actual or simulated fire; (ii) implement procedures for effective crew co- ordination and communication, including notification of flight crew members about the fire situation; (iii) don and activate installed protective breathing equipment or approved protective breathing equipment simulation device; (iv) manoeuvre in limited space with reduced visibility; (v) effectively use the communication system of an aircraft;

(vi)

identify the class of fire; (vii) select the appropriate extinguisher; (viii) properly remove the extinguisher from the securing device; (ix) prepare, operate and discharge the extinguisher properly; and (x) utilise the correct fire-fighting techniques for type of fire. (b) emergency evacuation drill- (i) recognise and evaluate an emergency; (ii) assume the appropriate protective position; (iii) command passengers to assume protective position; (iv) implement crew co-ordination procedures; (v) ensure activation of emergency lights; (vi) assess aircraft condition; (vii) initiate evacuation, dependent on signal or decision; (viii) command passengers to release their seatbelts and evacuate; (ix) assess exit and redirect passengers, where necessary, to open exits, including deploying slides and commanding helpers to assist; (x) command the passengers to evacuate at exit and run away from the aircraft; (xi) assist special need passengers, such as handicapped, elderly, and persons in a state of panic; and (xii) actually exit the aircraft or training device using at least one of the installed emergency evacuation slides. (4) In the case of an emergency evacuation drill, the crew member may either observe the aircraft exits being opened in the emergency mode and the associated exit slider or raft pack being deployed and inflated, or perform the tasks resulting in the accomplishment of these actions.

(5)

An aircraft crew member shall accomplish additional emergency drills during initial and recurrent training, including performing the following emergency drills- (a) emergency exit drill- (i) correctly pre-flight each type of emergency exit and evacuation slide or slide raft, if part of cabin crew member's assigned duties; (ii) disarm and open each type of door exit in normal mode; (iii) close each type of door exit in normal mode; (iv) arm each type of door exit in emergency mode; (v) open each type of door exit in emergency mode; (vi) use the manual slide inflation system to accomplish or ensure slide or slide raft inflation; (vii) open each type of window exit; and (viii) remove the escape rope and position it for use; (b) hand fire extinguisher drill fighting an actual or a simulated fire is not necessary during this drill- (i) pre-flight each type of hand fire extinguisher; (ii) locate the source of fire or smoke and identify class of fire;

(iii)

select the appropriate extinguisher and remove from securing device; (iv) prepare the extinguisher for use; (v) actually operate and discharge each type of installed hand fire extinguisher; (vi) utilise correct fire-fighting techniques for the type of fire; and (vii) implement procedures for effective crew coordination and communication, including notification of crew members about the type of fire situation. (c) emergency oxygen system drill- (i) actually operate portable oxygen bottles, including masks and tubing; (ii) verbally demonstrate operation of chemical oxygen generators; (iii) prepare for use and properly operate an oxygen device, including donning and activation; (iv) administer oxygen to self, passengers, and to those persons with special oxygen needs; (v) utilise proper procedures for effective crew coordination and communication; (vi) activate protective breathing equipment; (vii) manually open each type of oxygen mask compartment and deploy oxygen masks; (viii) identify compartments with extra oxygen masks; (ix) implement immediate action decompression procedures; and (x) reset the oxygen system, where applicable;

(d)

flotation device drill- (i) don and inflate life vests; (ii) remove and use flotation seat cushions; and (iii) demonstrate swimming techniques using a seat cushion; (e) ditching drill, where applicable, during which ditching drill trainees shall perform the "prior to impact" and "after impact" procedures for a ditching, as appropriate to the specific operator's type of operation- (i) implement crew coordination procedures, including a briefing with the captain to obtain pertinent ditching information and briefing cabin crew members; (ii) coordinate time-frame for cabin and passenger preparation; (iii) adequately brief passengers on ditching procedures; (iv) ensure the cabin is prepared, including the securing of carry-on baggage, lavatories, and galleys; (v) demonstrate how to properly deploy and inflate slide rafts; (vi) remove, position and attach slide rafts to aircraft; (vii) inflate the rafts; (viii) use escape ropes at over wing exits; (ix) command any helpers to assist; (x) use slides and seat cushions as flotation devices; (xi) remove appropriate emergency equipment from the aircraft; (xii) board rafts properly;

(xiii)

initiate raft management procedures, such as disconnecting rafts from aircraft, applying immediate first aid, rescuing persons in water, salvaging floating rations and equipment, deploying sea anchor, tying rafts together, and activating or ensuring operation of emergency locator transmitter; (xiv) initiate basic survival procedures, such as removing and utilising survival kit items, repairing and maintaining raft, ensuring protection from exposure, erecting canopy, communicating location, providing continued first aid, and providing sustenance; (xv) use heaving line to rescue persons in the water; (xvi) tie slide rafts or rafts together; (xvii) use life line on edge of slide raft or raft as a handhold; and (xviii) secure survival kit items.

(6)

An aircraft crew member shall accomplish additional emergency drill requirements during initial and recurrent training including observing the following emergency drills- (a) life raft removal and inflation drill, if applicable- (i) removal of a life raft from the aircraft or training device; and (ii) inflation of a life raft; (b) slide raft transfer drill- (i) transfer each type of slide raft pack from an unusable door to a usable door; (ii) disconnect the slide raft at an unusable door; (iii) redirect passengers to the usable slide raft; and

(iv)

install and deploy the slide raft at a usable door;

(c)

slide and slide raft deployment, inflation, and detachment- (i) engage slide girt bar in floor brackets; (ii) inflate slides with and without quick-release handle, manually and automatically; (iii) disconnect slide from aircraft for use as a flotation device; (iv) arm slide rafts for automatic inflation; and (v) disconnect slide raft from the aircraft; and (d) emergency evacuation slide drill- (i) open armed exit with slide or slide raft deployment and inflation; and (ii) egress from aircraft via the evacuation slide and run away to a safe distance.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Initial emergency equipment drills”.

“(1) A person shall not serve nor shall any air operator certificate holder use a person as a crew member unless that person has completed the appropriate initial emergency equipment curriculum and drills for the crew member position approved by the authority for the emergency equipment available on the aircraft to be operated.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

11
  1. (1) A person shall not serve nor shall any air operator certificate holder use a person as a crew member unless that person has completed the appropriate initial emergency equipment curriculum and drills for the crew member position approved by the authority for the emergency equipment available on the aircraft to be operated.
  2. (2) A crew member shall complete emergency training during the specified training periods, using the items of installed emergency equipment for each type of aircraft in which that crew member is to serve.
  3. (3) During initial training, a crew member shall perform the following one time emergency drills- (a) protective breathing equipment or fire-fighting drill- (i) locate the source of fire or smoke for an actual or simulated fire; (ii) implement procedures for effective crew co- ordination and communication, including notification of flight crew members about the fire situation; (iii) don and activate installed protective breathing equipment or approved protective breathing equipment simulation device; (iv) manoeuvre in limited space with reduced visibility; (v) effectively use the communication system of an aircraft;
  4. (vi) identify the class of fire; (vii) select the appropriate extinguisher; (viii) properly remove the extinguisher from the securing device; (ix) prepare, operate and discharge the extinguisher properly; and (x) utilise the correct fire-fighting techniques for type of fire. (b) emergency evacuation drill- (i) recognise and evaluate an emergency; (ii) assume the appropriate protective position; (iii) command passengers to assume protective position; (iv) implement crew co-ordination procedures; (v) ensure activation of emergency lights; (vi) assess aircraft condition; (vii) initiate evacuation, dependent on signal or decision; (viii) command passengers to release their seatbelts and evacuate; (ix) assess exit and redirect passengers, where necessary, to open exits, including deploying slides and commanding helpers to assist; (x) command the passengers to evacuate at exit and run away from the aircraft; (xi) assist special need passengers, such as handicapped, elderly, and persons in a state of panic; and (xii) actually exit the aircraft or training device using at least one of the installed emergency evacuation slides. (4) In the case of an emergency evacuation drill, the crew member may either observe the aircraft exits being opened in the emergency mode and the associated exit slider or raft pack being deployed and inflated, or perform the tasks resulting in the accomplishment of these actions.
  5. (5) An aircraft crew member shall accomplish additional emergency drills during initial and recurrent training, including performing the following emergency drills- (a) emergency exit drill- (i) correctly pre-flight each type of emergency exit and evacuation slide or slide raft, if part of cabin crew member's assigned duties; (ii) disarm and open each type of door exit in normal mode; (iii) close each type of door exit in normal mode; (iv) arm each type of door exit in emergency mode; (v) open each type of door exit in emergency mode; (vi) use the manual slide inflation system to accomplish or ensure slide or slide raft inflation; (vii) open each type of window exit; and (viii) remove the escape rope and position it for use; (b) hand fire extinguisher drill fighting an actual or a simulated fire is not necessary during this drill- (i) pre-flight each type of hand fire extinguisher; (ii) locate the source of fire or smoke and identify class of fire;
  6. (iii) select the appropriate extinguisher and remove from securing device; (iv) prepare the extinguisher for use; (v) actually operate and discharge each type of installed hand fire extinguisher; (vi) utilise correct fire-fighting techniques for the type of fire; and (vii) implement procedures for effective crew coordination and communication, including notification of crew members about the type of fire situation. (c) emergency oxygen system drill- (i) actually operate portable oxygen bottles, including masks and tubing; (ii) verbally demonstrate operation of chemical oxygen generators; (iii) prepare for use and properly operate an oxygen device, including donning and activation; (iv) administer oxygen to self, passengers, and to those persons with special oxygen needs; (v) utilise proper procedures for effective crew coordination and communication; (vi) activate protective breathing equipment; (vii) manually open each type of oxygen mask compartment and deploy oxygen masks; (viii) identify compartments with extra oxygen masks; (ix) implement immediate action decompression procedures; and (x) reset the oxygen system, where applicable;
  7. (d) flotation device drill- (i) don and inflate life vests; (ii) remove and use flotation seat cushions; and (iii) demonstrate swimming techniques using a seat cushion; (e) ditching drill, where applicable, during which ditching drill trainees shall perform the "prior to impact" and "after impact" procedures for a ditching, as appropriate to the specific operator's type of operation- (i) implement crew coordination procedures, including a briefing with the captain to obtain pertinent ditching information and briefing cabin crew members; (ii) coordinate time-frame for cabin and passenger preparation; (iii) adequately brief passengers on ditching procedures; (iv) ensure the cabin is prepared, including the securing of carry-on baggage, lavatories, and galleys; (v) demonstrate how to properly deploy and inflate slide rafts; (vi) remove, position and attach slide rafts to aircraft; (vii) inflate the rafts; (viii) use escape ropes at over wing exits; (ix) command any helpers to assist; (x) use slides and seat cushions as flotation devices; (xi) remove appropriate emergency equipment from the aircraft; (xii) board rafts properly;
  8. (xiii) initiate raft management procedures, such as disconnecting rafts from aircraft, applying immediate first aid, rescuing persons in water, salvaging floating rations and equipment, deploying sea anchor, tying rafts together, and activating or ensuring operation of emergency locator transmitter; (xiv) initiate basic survival procedures, such as removing and utilising survival kit items, repairing and maintaining raft, ensuring protection from exposure, erecting canopy, communicating location, providing continued first aid, and providing sustenance; (xv) use heaving line to rescue persons in the water; (xvi) tie slide rafts or rafts together; (xvii) use life line on edge of slide raft or raft as a handhold; and (xviii) secure survival kit items.

3 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
150. Initial aircraft ground training for flight crew member
(1)

A person shall not serve nor shall an air operator certificate holder use a person as a flight crew member unless that person has completed the initial ground training approved by the authority for the aircraft type.

(2)

Initial aircraft ground training for flight crew members shall include the pertinent portions of the operations manuals relating to aircraft-specific performance, mass and balance, operational policies, systems, limitations, normal, abnormal and emergency procedures on the aircraft type to be used.

(3)

An AOC holder shall have an initial aircraft ground training curriculum for the flight crew applicable to the type of operations conducted and aircraft flown.

(4)

Instructions shall include at least the following general subjects- (a) AOC holder's dispatch, flight release, or operational control or flight following procedures; (b) principles and methods for determining mass and balance, and runway limitations for take-off; (c) adverse weather recognition and avoidance, and flight procedures which shall be followed when operating in the following conditions- (i) icing; (ii) fog; (iii) turbulence; (iv) heavy precipitation; (v) thunderstorms; (vi) low-level wind shear and microburst; and (vii) low visibility; (d) normal and emergency communications procedures and navigation equipment including the AOC holder's communications procedures and air traffic control clearance requirements; (e) navigation procedures used in area departure, en route, area arrival, approach and landing phases; (f) approved crew resource management or CRM training; (g) air traffic control systems, procedures, and phraseology; (h) aircraft performance characteristics during all flight regimes, including- (i) the use of charts, tables, tabulated data and other related manual information; (ii) normal, abnormal, and emergency performance problems; (iii) meteorological and weight limiting performance factors, such as temperature, pressure, contaminated runways, precipitation, climb and runway limits; (iv) inoperative equipment performance limiting factors, such as Minimum Equipment List (MEL) or configuration deviation list, inoperative antiskid; and (v) special operational conditions, such as unpaved runways, high altitude aerodromes and drift down requirements.

(5)

An AOC holder shall have an initial aircraft ground training curriculum for the flight crew applicable to the type of operations conducted and aircraft flown, including at least the following aircraft systems- (a) aircraft- (i) aircraft dimensions, turning radius, panel layouts, cockpit and cabin configurations; and (ii) other major systems and components or appliances of the aircraft; (b) power plants; (i) basic engine description; (ii) engine thrust ratings; and (iii) engine components such as accessory drives, ignition, oil, fuel control, hydraulic and bleed air features; (c) electrical-

(i)

sources of aircraft electrical power, such as engine driven generators, auxiliary power unit or APU generator and external power; (ii) electrical buses; (iii) circuit breakers; (iv) aircraft battery; and (v) standby power systems; (d) hydraulic- (i) hydraulic reservoirs, pumps, accumulators, filters, check valves, interconnects and actuators; and (ii) other hydraulically operated components; (e) fuel- (i) fuel tanks, including location and quantities; (ii) engine driven pumps; (iii) boost pumps; (iv) system valves and cross feeds; (v) quantity indicators; (vi) quantity indicators; and (vii) provisions for fuel jettisoning; (f) pneumatic- (i) bleed air sources, auxiliary power unit or external ground air; and (ii) means of routing, venting and controlling bleed air via valves, ducts, chambers, and temperature and pressure limiting devices; (g) air conditioning and pressurisation-

(i)

heaters, air conditioning packs, fans, and other environmental control devices; (ii) pressurisation system components such as outflow and negative pressure relief valves; and (iii) automatic, standby, manual pressurisation controls and annunciations; (h) flight controls- (i) primary controls, including yaw, pitch, and roll devices; (ii) secondary controls, including leading or trailing edge devices, flaps, trim, and damping mechanisms; (iii) means of actuation, whether direct or indirect or fly by wire; and (iv) redundancy devices; (i) landing gear- (i) landing gear extension and retraction mechanism including the operating sequence of struts, doors, and locking devices, and brake and antiskid systems, where applicable; (ii) steering, including nose or body steering gear; (iii) bogie arrangements; (iv) air or ground sensor relays; and (v) visual downlock indicators; (j) ice and rain protection- (i) rain removal systems; (ii) anti-icing or de-icing systems affecting flight controls, engines; and

(iii)

pitot static probes, fluid outlets, cockpit windows, and aircraft structures; (k) equipment and furnishings- (i) exits; (ii) galleys; (iii) water and waste systems; (iv) lavatories; (v) cargo areas; (vi) crew member and passenger seats; (vii) bulkheads; (viii) seating and cargo configurations; and (ix) non-emergency equipment and furnishings; (l) navigation equipment- (i) flight directors; (ii) horizontal situation indicator; (iii) radio magnetic indicator; (iv) navigation receivers such as global positioning system, automatic direction finder (ADF), very high frequency omnidirectional radio range (VOR), OMEGA, long range navigation (LORAN-C), area navigation (RNAV), marker beacon, distance measuring equipment (DME); (v) inertial systems such as inertia navigation system (INS) and inertia reference (IRS); (vi) functional displays;

(vii)

fault indications and comparator systems; (viii) aircraft transponders; (ix) radio altimeters; (x) weather radar; and (xi) cathode ray tube or computer-generated displays of aircraft position and navigation information. (m) auto flight system- (i) autopilot; (ii) auto throttles; (iii) flight director and navigation systems; (iv) automatic approach tracking; (v) auto land; and (vi) automatic fuel and performance management systems. (n) flight instruments- (i) panel arrangement; (ii) flight instruments, including attitude indicator, directional gyro, magnetic compass, airspeed indicator, vertical speed indicator, altimeters, standby instruments; and (iii) instrument power sources, and instrument sensory sources, such as pitot static pressure; (o) display systems- (i) weather radar; and (ii) other Cathode Ray Tube (CRT) displays, such as checklist, vertical navigation or longitudinal navigation displays;

(p)

communication equipment- (i) Very High Frequency (VHF) or High Frequency (HF); (ii) audio panels; (iii) in flight interphone and passenger address systems; (iv) voice recorder; and (v) Aircraft Communication Addressing and Reporting System (ACARS); (q) warning systems- (i) aural, visual, and tactile warning systems, including the character and degree of urgency related to each signal; and (ii) warning and caution anunciator systems, including ground proximity and take-off warning systems; (r) fire protection- (i) fire and overheat sensors, loops, modules, or other means of providing visual or aural indications of fire or overheat detection; (ii) procedures for the use of fire handles, automatic extinguishing systems and extinguishing agents; and (iii) power sources necessary to provide protection for fire and overheat conditions in engines, auxiliary power unit, cargo bay or wheel well, cockpit, cabin and lavatories; (s) oxygen- (i) passenger, crew, and portable oxygen supply systems;

(ii)

sources of oxygen such as gaseous or solid; (iii) flow and distribution networks; (iv) automatic deployment systems; (v) regulators, pressure levels and gauges; and (vi) servicing requirements; (t) lighting- (i) cockpit, cabin, and external lighting systems; (ii) power sources; (iii) switch positions; and (iv) spare light bulb locations; (u) lighting- (i) cockpit, cabin, and external lighting systems; (ii) power sources; (iii) switch positions; and (iv) spare light bulb locations; (v) lighting- (i) cockpit, cabin, and external lighting systems; (ii) power sources; (iii) switch positions; and (iv) spare light bulb locations; (w) emergency equipment- (i) fire and oxygen bottles; (ii) first aid kits;

(iii)

life rafts and life preservers; (iv) crash axes; (v) emergency exits and lights; (vi) slides and slide rafts; (vii) escape straps or handles; and (viii) hatches, ladders and movable stairs; and (x) auxiliary power unit- (i) electric and bleed air capabilities; (ii) interfaces with electrical and pneumatic systems; (iii) inlet doors and exhaust ducts; and (iv) fuel supply.

(6)

An AOC holder shall have an initial aircraft ground training curriculum for the flight crew applicable to the type of operations conducted and aircraft flown, including at least the following aircraft systems integration items- (a) use of checklist- (i) safety chocks; (ii) cockpit preparation (switch position and checklist flows); (iii) checklist callouts and responses; and (iv) checklist sequence; (b) flight planning- (i) performance limitations, including meteorological, weight, minimum equipment list and configuration deviation list items;

(ii)

required fuel loads; and (iii) weather planning, lower than standard take-off minimums or alternate requirements; (c) navigation systems- (i) pre-flight and operation of applicable receivers; (ii) onboard navigation systems; and (iii) flight plan information input and retrieval; (d) auto flight, autopilot, auto thrust, and flight director systems, including the appropriate procedures, normal and abnormal indications, and enunciators; (e) cockpit familiarisation- (i) activation of aircraft system controls and switches to include normal, abnormal and emergency switches; and (ii) control positions and relevant enunciators, lights, or other caution and warning systems.

(7)

An AOC holder may have separate initial aircraft ground training curricula of varying lengths and subject emphasis which recognise the experience levels of a flight crew member approved by the authority.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Initial aircraft ground training for flight crew member”.

“(1) A person shall not serve nor shall an air operator certificate holder use a person as a flight crew member unless that person has completed the initial ground training approved by the authority for the aircraft type.”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Initial aircraft ground training for flight crew member”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

15
  1. (1) A person shall not serve nor shall an air operator certificate holder use a person as a flight crew member unless that person has completed the initial ground training approved by the authority for the aircraft type.
  2. (2) Initial aircraft ground training for flight crew members shall include the pertinent portions of the operations manuals relating to aircraft-specific performance, mass and balance, operational policies, systems, limitations, normal, abnormal and emergency procedures on the aircraft type to be used.
  3. (3) An AOC holder shall have an initial aircraft ground training curriculum for the flight crew applicable to the type of operations conducted and aircraft flown.
  4. (4) Instructions shall include at least the following general subjects- (a) AOC holder's dispatch, flight release, or operational control or flight following procedures; (b) principles and methods for determining mass and balance, and runway limitations for take-off; (c) adverse weather recognition and avoidance, and flight procedures which shall be followed when operating in the following conditions- (i) icing; (ii) fog; (iii) turbulence; (iv) heavy precipitation; (v) thunderstorms; (vi) low-level wind shear and microburst; and (vii) low visibility; (d) normal and emergency communications procedures and navigation equipment including the AOC holder's communications procedures and air traffic control clearance requirements; (e) navigation procedures used in area departure, en route, area arrival, approach and landing phases; (f) approved crew resource management or CRM training; (g) air traffic control systems, procedures, and phraseology; (h) aircraft performance characteristics during all flight regimes, including- (i) the use of charts, tables, tabulated data and other related manual information; (ii) normal, abnormal, and emergency performance problems; (iii) meteorological and weight limiting performance factors, such as temperature, pressure, contaminated runways, precipitation, climb and runway limits; (iv) inoperative equipment performance limiting factors, such as Minimum Equipment List (MEL) or configuration deviation list, inoperative antiskid; and (v) special operational conditions, such as unpaved runways, high altitude aerodromes and drift down requirements.
  5. (5) An AOC holder shall have an initial aircraft ground training curriculum for the flight crew applicable to the type of operations conducted and aircraft flown, including at least the following aircraft systems- (a) aircraft- (i) aircraft dimensions, turning radius, panel layouts, cockpit and cabin configurations; and (ii) other major systems and components or appliances of the aircraft; (b) power plants; (i) basic engine description; (ii) engine thrust ratings; and (iii) engine components such as accessory drives, ignition, oil, fuel control, hydraulic and bleed air features; (c) electrical-
  6. (i) sources of aircraft electrical power, such as engine driven generators, auxiliary power unit or APU generator and external power; (ii) electrical buses; (iii) circuit breakers; (iv) aircraft battery; and (v) standby power systems; (d) hydraulic- (i) hydraulic reservoirs, pumps, accumulators, filters, check valves, interconnects and actuators; and (ii) other hydraulically operated components; (e) fuel- (i) fuel tanks, including location and quantities; (ii) engine driven pumps; (iii) boost pumps; (iv) system valves and cross feeds; (v) quantity indicators; (vi) quantity indicators; and (vii) provisions for fuel jettisoning; (f) pneumatic- (i) bleed air sources, auxiliary power unit or external ground air; and (ii) means of routing, venting and controlling bleed air via valves, ducts, chambers, and temperature and pressure limiting devices; (g) air conditioning and pressurisation-
  7. (i) heaters, air conditioning packs, fans, and other environmental control devices; (ii) pressurisation system components such as outflow and negative pressure relief valves; and (iii) automatic, standby, manual pressurisation controls and annunciations; (h) flight controls- (i) primary controls, including yaw, pitch, and roll devices; (ii) secondary controls, including leading or trailing edge devices, flaps, trim, and damping mechanisms; (iii) means of actuation, whether direct or indirect or fly by wire; and (iv) redundancy devices; (i) landing gear- (i) landing gear extension and retraction mechanism including the operating sequence of struts, doors, and locking devices, and brake and antiskid systems, where applicable; (ii) steering, including nose or body steering gear; (iii) bogie arrangements; (iv) air or ground sensor relays; and (v) visual downlock indicators; (j) ice and rain protection- (i) rain removal systems; (ii) anti-icing or de-icing systems affecting flight controls, engines; and
  8. (iii) pitot static probes, fluid outlets, cockpit windows, and aircraft structures; (k) equipment and furnishings- (i) exits; (ii) galleys; (iii) water and waste systems; (iv) lavatories; (v) cargo areas; (vi) crew member and passenger seats; (vii) bulkheads; (viii) seating and cargo configurations; and (ix) non-emergency equipment and furnishings; (l) navigation equipment- (i) flight directors; (ii) horizontal situation indicator; (iii) radio magnetic indicator; (iv) navigation receivers such as global positioning system, automatic direction finder (ADF), very high frequency omnidirectional radio range (VOR), OMEGA, long range navigation (LORAN-C), area navigation (RNAV), marker beacon, distance measuring equipment (DME); (v) inertial systems such as inertia navigation system (INS) and inertia reference (IRS); (vi) functional displays;

7 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
151. Initial flight training for flight crew member
(1)

A person shall not serve nor shall an air operator certificate holder use a person as a flight crew member unless that person has completed the initial flight training approved by the authority for the aircraft type.

(2)

Initial flight training of a flight crew member shall focus on the manoeuvring and safe operation of the aircraft in accordance with AOC holder's normal, abnormal and emergency procedures.

(3)

An AOC holder may have separate initial flight training curriculum which recognise the experience levels of flight crew members approved by the authority.

(4)

Initial flight training may be conducted in an appropriate aircraft or adequate synthetic flight trainer- (a) having landing capability; and (b) qualified for training or checking on circling manoeuvres.

(5)

An AOC holder shall ensure that a pilot initial flight training includes at least the following- (a) preparation- (i) visual inspection, and use authorised of pictorial display for aircraft with a flight engineer; (ii) pre-taxi procedures; and (iii) performance limitations; (b) surface operation- (i) pushback; (ii) power back taxi, where applicable to type of operation to be conducted; (iii) starting; (iv) taxi; and (v) pre-take-off checks; (c) take-off- (i) normal; (ii) crosswind; (iii) rejected;

(iv)

power failure after v1; and (v) lower than standard minimum, where applicable to type of operation to be conducted; (d) climb- (i) normal; and (ii) one-engine inoperative during climb to en route altitude; (e) en-route- (i) steep turns; (ii) approaches to stalls, take-off, en route, and landing configurations; (iii) in flight power plant shutdown; (iv) in-flight power plant restart; (v) in-flight power plant restart; and (vi) high speed handling characteristics; (f) descent- (i) normal; and (ii) maximum rate; (g) approaches- (i) VFR procedures; (ii) visual approach with 50% loss of power on one- engine 2 engines inoperative on 3-engine aircraft for PIC only; (iii) visual approach with slat or flap malfunction;

(iv)

IFR precision approaches such as instrument landing system normal and instrument landing system with one-engine inoperative; (v) IFR non-precision approaches non-directional radio beacon or NDB normal and VHF omni-directional radio range beacon or VOR normal; (vi) non-precision approach with one engine inoperative localiser back course procedures, SDF or localiser type directional aid, a global positioning system, TACAN and circling approach procedures; (vii) missed approach from precision approach; (viii) missed approach from non-precision approach; and (ix) missed approach with engine failure; (h) landings- (i) normal with a pitch mis-trim small aircraft only; (ii) normal from precision instrument approach; (iii) normal from precision instrument approach with most critical engine inoperative; (iv) normal with 50% loss of power on one side 2 engines inoperative on 3-engine aircraft; (v) normal with flap or slat malfunction; (vi) rejected landings; (vii) crosswind; (viii) manual reversion or degraded control augmentation; (ix) short or soft field small aircraft, land amphibian aircraft only; and (x) glassy or rough water, seaplanes only;

(i)

after landing- (i) parking; (ii) emergency evacuation;and (iii) docking, mooring, and ramping, seaplanes only; (j) other flight procedures during any airborne phase- (i) holding; (ii) ice accumulation on airframe; (iii) air hazard avoidance; and (iv) wind shear or microburst; (k) normal, abnormal and alternate systems procedures during any phase- (i) pneumatic or pressurisation; (ii) air conditioning; (iii) fuel and oil; (iv) electrical; (v) hydraulic; (vi) flight controls; (vii) anti-icing and de-icing systems; (viii) autopilot; (ix) flight management guidance systems and automatic or other approach and landing aids; (x) stall warning devices, stall avoidance devices, and stability augmentation systems; (xi) airborne weather radar;

(xii)

flight instrument system malfunction; (xiii) communications equipment; and (xiv) navigation systems; (l) emergency systems procedures during any phase- (i) aircraft fires;

(ii)

smoke control;

(iii)

power plant malfunctions;

(iv)

fuel jettison;

(v)

electrical, hydraulic, pneumatic systems;

(vi)

flight control system malfunction; and

(vii)

landing gear and flap system malfunction; (m) procedures for upset prevention and recovery training in a flight simulation training device as contained in the Procedures for Air Navigation Services.

(6)

An AOC holder shall ensure that a flight engineer training includes at least the following- (a) training and practice in procedures related to the carrying out of flight engineer duties and functions, where this training and practice may be accomplished either in flight or, in a synthetic flight trainer; (b) training in knowledge and skills related to visual and instrument flight procedures for the intended area of operation, human performance including threat and error management and in the transport of dangerous goods; and (c) a proficiency check as specified in these Regulations.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Initial flight training for flight crew member”.

“(1) A person shall not serve nor shall an air operator certificate holder use a person as a flight crew member unless that person has completed the initial flight training approved by the authority for the aircraft type.”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Initial flight training for flight crew member”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

16
  1. (1) A person shall not serve nor shall an air operator certificate holder use a person as a flight crew member unless that person has completed the initial flight training approved by the authority for the aircraft type.
  2. (2) Initial flight training of a flight crew member shall focus on the manoeuvring and safe operation of the aircraft in accordance with AOC holder's normal, abnormal and emergency procedures.
  3. (3) An AOC holder may have separate initial flight training curriculum which recognise the experience levels of flight crew members approved by the authority.
  4. (4) Initial flight training may be conducted in an appropriate aircraft or adequate synthetic flight trainer- (a) having landing capability; and (b) qualified for training or checking on circling manoeuvres.
  5. (5) An AOC holder shall ensure that a pilot initial flight training includes at least the following- (a) preparation- (i) visual inspection, and use authorised of pictorial display for aircraft with a flight engineer; (ii) pre-taxi procedures; and (iii) performance limitations; (b) surface operation- (i) pushback; (ii) power back taxi, where applicable to type of operation to be conducted; (iii) starting; (iv) taxi; and (v) pre-take-off checks; (c) take-off- (i) normal; (ii) crosswind; (iii) rejected;
  6. (iv) power failure after v1; and (v) lower than standard minimum, where applicable to type of operation to be conducted; (d) climb- (i) normal; and (ii) one-engine inoperative during climb to en route altitude; (e) en-route- (i) steep turns; (ii) approaches to stalls, take-off, en route, and landing configurations; (iii) in flight power plant shutdown; (iv) in-flight power plant restart; (v) in-flight power plant restart; and (vi) high speed handling characteristics; (f) descent- (i) normal; and (ii) maximum rate; (g) approaches- (i) VFR procedures; (ii) visual approach with 50% loss of power on one- engine 2 engines inoperative on 3-engine aircraft for PIC only; (iii) visual approach with slat or flap malfunction;
  7. (iv) IFR precision approaches such as instrument landing system normal and instrument landing system with one-engine inoperative; (v) IFR non-precision approaches non-directional radio beacon or NDB normal and VHF omni-directional radio range beacon or VOR normal; (vi) non-precision approach with one engine inoperative localiser back course procedures, SDF or localiser type directional aid, a global positioning system, TACAN and circling approach procedures; (vii) missed approach from precision approach; (viii) missed approach from non-precision approach; and (ix) missed approach with engine failure; (h) landings- (i) normal with a pitch mis-trim small aircraft only; (ii) normal from precision instrument approach; (iii) normal from precision instrument approach with most critical engine inoperative; (iv) normal with 50% loss of power on one side 2 engines inoperative on 3-engine aircraft; (v) normal with flap or slat malfunction; (vi) rejected landings; (vii) crosswind; (viii) manual reversion or degraded control augmentation; (ix) short or soft field small aircraft, land amphibian aircraft only; and (x) glassy or rough water, seaplanes only;
  8. (i) after landing- (i) parking; (ii) emergency evacuation;and (iii) docking, mooring, and ramping, seaplanes only; (j) other flight procedures during any airborne phase- (i) holding; (ii) ice accumulation on airframe; (iii) air hazard avoidance; and (iv) wind shear or microburst; (k) normal, abnormal and alternate systems procedures during any phase- (i) pneumatic or pressurisation; (ii) air conditioning; (iii) fuel and oil; (iv) electrical; (v) hydraulic; (vi) flight controls; (vii) anti-icing and de-icing systems; (viii) autopilot; (ix) flight management guidance systems and automatic or other approach and landing aids; (x) stall warning devices, stall avoidance devices, and stability augmentation systems; (xi) airborne weather radar;

8 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
152. Initial specialised operations training
(1)

A person shall not serve nor shall any AOC holder use a person as a flight crew member unless that person has completed the appropriate initial specialised operations training curriculum approved by the authority. (2) Specialised operations for which initial training curricula shall be developed include- (a) low minima operations, including low visibility take-offs and Category II and III operations; (b) extended range operations; (c) specialised navigation; and (d) PIC right seat qualification.

(3)

An AOC holder shall provide initial specialised operations training to ensure that each pilot and flight operations officer is qualified in the type of operation in which that person serves and in any specialised or new equipment, procedures and techniques, such as- (a) Class II navigation- (i) knowledge of specialised navigation procedures, such as Required Navigation Performance (RNP), Minimum Navigation Performance System (MNPS) and Reduced Vertical Separation Minimum (RVSM); and (ii) knowledge of specialised equipment, such as Inertia Navigation System (INS), Long Range Navigation (LORAN), OMEGA; (b) Category II and CAT III operations approaches- (i) special equipment, procedures and practice; and (ii) a demonstration of competency;

(c)

lower than standard minimum take-offs- (i) runway and lighting requirements; (ii) rejected take-offs at or near V1 with a failure of the most critical engine; (iii) taxi operations; and (iv) procedures to prevent runway incursions under low visibility conditions; (d) extended range operations with two turbine engine aeroplanes; (e) airborne radar approaches; and (f) autopilot instead of co-pilot.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Initial specialised operations training”.

“(1) A person shall not serve nor shall any AOC holder use a person as a flight crew member unless that person has completed the appropriate initial specialised operations training curriculum approved by the authority. (2) Specialised operations for which initial training curricula shall be developed include- (a) low minima operations, including low visibility take-offs and Category II and III operations; (b) extended range operations; (c) specialised navigation; and (d) PIC right seat qualification.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) A person shall not serve nor shall any AOC holder use a person as a flight crew member unless that person has completed the appropriate initial specialised operations training curriculum approved by the authority. (2) Specialised operations for which initial training curricula shall be developed include- (a) low minima operations, including low visibility take-offs and Category II and III operations; (b) extended range operations; (c) specialised navigation; and (d) PIC right seat qualification.
  2. (3) An AOC holder shall provide initial specialised operations training to ensure that each pilot and flight operations officer is qualified in the type of operation in which that person serves and in any specialised or new equipment, procedures and techniques, such as- (a) Class II navigation- (i) knowledge of specialised navigation procedures, such as Required Navigation Performance (RNP), Minimum Navigation Performance System (MNPS) and Reduced Vertical Separation Minimum (RVSM); and (ii) knowledge of specialised equipment, such as Inertia Navigation System (INS), Long Range Navigation (LORAN), OMEGA; (b) Category II and CAT III operations approaches- (i) special equipment, procedures and practice; and (ii) a demonstration of competency;
  3. (c) lower than standard minimum take-offs- (i) runway and lighting requirements; (ii) rejected take-offs at or near V1 with a failure of the most critical engine; (iii) taxi operations; and (iv) procedures to prevent runway incursions under low visibility conditions; (d) extended range operations with two turbine engine aeroplanes; (e) airborne radar approaches; and (f) autopilot instead of co-pilot.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
153. Aircraft differences training
(1)

A person shall not serve nor shall an AOC holder use a person as a crew member on an aircraft of a type for which a differences curriculum is included in the AOC holder's approved training programme, unless that person has satisfactorily completed that curriculum, with respect to both the crew member position and the particular variant of that aircraft.

(2)

An operator shall ensure that a crew member completes- (a) differences training which requires additional knowledge and training on an appropriate training device or the aircraft- (i) when operating another variant of an aircraft of the same type or another type of the same class currently operated; or (ii) when changing equipment procedures on types or variants currently operated. (b) familiarisation training which requires the acquisition of additional knowledge-

(i)

when operating another aircraft of the same type; or (ii) when changing equipment procedures on types of variants currently operated; and (c) the operator referred to in subregulation (1) shall specify in the operations manual when such differences training or familiarisation training is required.

(3)

An AOC holder shall provide aircraft differences training for flight operations officers when the operator has aircraft variances within the same type of aircraft, which includes at least the following- (a) operations procedures- (i) operations under adverse weather phenomena conditions, including clear air turbulence, wind shear, and thunderstorms; (ii) mass and balance computations and load control procedures;

(iii)

aircraft performance computations, to include take- off mass limitations based on departure runway, arrival runway, and en -route limitations, and also engine-out limitations;

(iv)

flight planning procedures, to include route selection, flight time, and fuel requirements analysis;

(v)

dispatch release preparation;

(vi)

crew briefings;

(vii)

flight monitoring procedures;

(viii)

flight crew response to various emergency situations, including the assistance the aircraft flight operations officer can provide in each situation;

(ix)

minimum equipment list and configuration deviation list procedures;

(x)

manual performance of required procedures in case of the loss of automated capabilities;

(xi)

training in appropriate geographic areas;

(xii)

air traffic control and instrument flight rules procedures, to include ground hold and central flow control procedures; and

(xiii)

radiotelephony procedures; and (b) emergency procedures: (i) actions taken to aid the flight crew; and (ii) AOC holder and authority notification.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Aircraft differences training”.

“(1) A person shall not serve nor shall an AOC holder use a person as a crew member on an aircraft of a type for which a differences curriculum is included in the AOC holder's approved training programme, unless that person has satisfactorily completed that curriculum, with respect to both the crew member position and the particular variant of that aircraft.”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Aircraft differences training”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

15
  1. (1) A person shall not serve nor shall an AOC holder use a person as a crew member on an aircraft of a type for which a differences curriculum is included in the AOC holder's approved training programme, unless that person has satisfactorily completed that curriculum, with respect to both the crew member position and the particular variant of that aircraft.
  2. (2) An operator shall ensure that a crew member completes- (a) differences training which requires additional knowledge and training on an appropriate training device or the aircraft- (i) when operating another variant of an aircraft of the same type or another type of the same class currently operated; or (ii) when changing equipment procedures on types or variants currently operated. (b) familiarisation training which requires the acquisition of additional knowledge-
  3. (i) when operating another aircraft of the same type; or (ii) when changing equipment procedures on types of variants currently operated; and (c) the operator referred to in subregulation (1) shall specify in the operations manual when such differences training or familiarisation training is required.
  4. (3) An AOC holder shall provide aircraft differences training for flight operations officers when the operator has aircraft variances within the same type of aircraft, which includes at least the following- (a) operations procedures- (i) operations under adverse weather phenomena conditions, including clear air turbulence, wind shear, and thunderstorms; (ii) mass and balance computations and load control procedures;
  5. (iii) aircraft performance computations, to include take- off mass limitations based on departure runway, arrival runway, and en -route limitations, and also engine-out limitations;
  6. (iv) flight planning procedures, to include route selection, flight time, and fuel requirements analysis;
  7. (v) dispatch release preparation;
  8. (vi) crew briefings;

7 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
154. Use of synthetic flight trainers A

synthetic flight trainer that is used for flight crew member qualification shall (a) be specifically approved by the authority for the-

(i)

air operator certificate holder;

(ii)

type aircraft, including type variations, for which the training or check is being conducted; and

(iii)

particular manoeuvre, procedure, or flight crew member function involved;

(b)

maintain the performance, functional, and other characteristics that are required for approval;

(c)

be modified to conform with any modification to the aircraft being simulated that results in changes to performance, functional or other characteristics required for approval;

(d)

be given a daily functional pre-flight check before use;

(e)

have a daily discrepancy logbook kept by the appropriate instructor or check pilot at the end of each training or check flight; and

(f)

for initial aircraft type training, be qualified for training and checking on the circling manoeuvre.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Use of synthetic flight trainers A”.

“synthetic flight trainer that is used for flight crew member qualification shall (a) be specifically approved by the authority for the-”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

8
  1. (i) air operator certificate holder;
  2. (ii) type aircraft, including type variations, for which the training or check is being conducted; and
  3. (iii) particular manoeuvre, procedure, or flight crew member function involved;
  4. (b) maintain the performance, functional, and other characteristics that are required for approval;
  5. (c) be modified to conform with any modification to the aircraft being simulated that results in changes to performance, functional or other characteristics required for approval;
  6. (d) be given a daily functional pre-flight check before use;
  7. (e) have a daily discrepancy logbook kept by the appropriate instructor or check pilot at the end of each training or check flight; and
  8. (f) for initial aircraft type training, be qualified for training and checking on the circling manoeuvre.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
155. Aircraft and instrument proficiency checks
(1)

A person shall not serve nor shall any AOC holder use a person as a pilot flight crew member unless, since the beginning of the sixth calendar month before that service, that person has passed the proficiency check prescribed by the authority in the make and model of aircraft on which their services are required.

(2)

A person shall not serve nor shall any AOC holder use a person as a flight crew member in Instrument Flight Rules (IFR) operations unless, from the beginning of the sixth calendar month before that service, that pilot has passed the instrument competency check prescribed by the authority.

(3)

A flight crew member may complete the requirements of subregulations (1) and (2) simultaneously in a make and model of the aircraft.

(4)

The completion of an approved operator training programme for the particular aircraft type and the satisfactory completion of a PIC proficiency check, shall satisfy the requirement for an aircraft type rating practical test provided that the proficiency check- (a) includes all manoeuvres and procedures required for a type rating practical test; and (b) is conducted by an examiner.

(5)

Aircraft and instrument proficiency checks for PIC and copilot shall include the following operations and procedures listed in Table 6.

(6)

Examiners or check pilots may waive certain events on the proficiency check based on an assessment of the pilot's demonstrated level of performance.

(7)

The oral and flight phases of a proficiency check shall not be conducted simultaneously.

(8)

Where the examiner or check pilot determines that the performance of a pilot is unsatisfactory, the examiner or check pilot may terminate the flight immediately.

(9)

Where the proficiency check must be terminated for mechanical or other reasons, and there are events which still need to be repeated, the examiner or check pilot shall issue a letter of discontinuance, valid for sixty days, listing the specific areas of operation that have been successfully completed.

(10)

At least one of the two annual proficiency checks shall be conducted by an examiner.

(11)

The other proficiency check may be conducted by a check pilot or the authority.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Aircraft and instrument proficiency checks”.

“(1) A person shall not serve nor shall any AOC holder use a person as a pilot flight crew member unless, since the beginning of the sixth calendar month before that service, that person has passed the proficiency check prescribed by the authority in the make and model of aircraft on which their services are required.”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Aircraft and instrument proficiency checks”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

11
  1. (1) A person shall not serve nor shall any AOC holder use a person as a pilot flight crew member unless, since the beginning of the sixth calendar month before that service, that person has passed the proficiency check prescribed by the authority in the make and model of aircraft on which their services are required.
  2. (2) A person shall not serve nor shall any AOC holder use a person as a flight crew member in Instrument Flight Rules (IFR) operations unless, from the beginning of the sixth calendar month before that service, that pilot has passed the instrument competency check prescribed by the authority.
  3. (3) A flight crew member may complete the requirements of subregulations (1) and (2) simultaneously in a make and model of the aircraft.
  4. (4) The completion of an approved operator training programme for the particular aircraft type and the satisfactory completion of a PIC proficiency check, shall satisfy the requirement for an aircraft type rating practical test provided that the proficiency check- (a) includes all manoeuvres and procedures required for a type rating practical test; and (b) is conducted by an examiner.
  5. (5) Aircraft and instrument proficiency checks for PIC and copilot shall include the following operations and procedures listed in Table 6.
  6. (6) Examiners or check pilots may waive certain events on the proficiency check based on an assessment of the pilot's demonstrated level of performance.
  7. (7) The oral and flight phases of a proficiency check shall not be conducted simultaneously.
  8. (8) Where the examiner or check pilot determines that the performance of a pilot is unsatisfactory, the examiner or check pilot may terminate the flight immediately.

3 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
156. Introduction of new equipment or procedures

A person shall not serve nor shall an AOC holder use any other person as a flight crew unless the person attends the AOC holder's approved training programme to both the crew member position and the particular variant of that aircraft

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Introduction of new equipment or procedures”.

“A person shall not serve nor shall an AOC holder use any other person as a flight crew unless the person attends the AOC holder's approved training programme to both the crew member position and the particular variant of that aircraft”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A person shall not serve nor shall an AOC holder use any other person as a flight crew unless the person attends the AOC holder's approved training programme to both the crew member position and the particular variant of that aircraft
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
157. Flight engineer proficiency checks
(1)

A person shall not serve nor shall any AOC holder use a person as a flight engineer on an aircraft unless within the preceding twelve calendar months he or she has- (a) had a proficiency check in accordance with the requirements prescribed by the authority; or

(b)

fifty hours flight time for the AOC holder as flight engineer in the type of aircraft. (2) Examiners shall include during proficiency checks for flight engineers an oral or written examination of the normal, abnormal, and emergency procedures listed below- (a) normal procedures- (i) interior pre-flight; (ii) panel set-up; (iii) fuel load; (iv) engine start procedures; (v) taxi and before take-off procedures; (vi) take-off and climb pressurisation; (vii) cruise and fuel management; (viii) descent and approach; (ix) after landing and securing; (x) crew coordination; (xi) situational awareness; (xii) performance computations; and (xiii) anti-ice and de-ice measures; (b) abnormal and emergency procedures- (i) troubleshooting; (ii) knowledge of checklist; (iii) crew coordination; (iv) minimum equipment list or MEL; (v) configuration deviation list or CDL; and (vi) emergency or alternate operation of aircraft flight systems.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Flight engineer proficiency checks”.

“(1) A person shall not serve nor shall any AOC holder use a person as a flight engineer on an aircraft unless within the preceding twelve calendar months he or she has- (a) had a proficiency check in accordance with the requirements prescribed by the authority; or”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) A person shall not serve nor shall any AOC holder use a person as a flight engineer on an aircraft unless within the preceding twelve calendar months he or she has- (a) had a proficiency check in accordance with the requirements prescribed by the authority; or
  2. (b) fifty hours flight time for the AOC holder as flight engineer in the type of aircraft. (2) Examiners shall include during proficiency checks for flight engineers an oral or written examination of the normal, abnormal, and emergency procedures listed below- (a) normal procedures- (i) interior pre-flight; (ii) panel set-up; (iii) fuel load; (iv) engine start procedures; (v) taxi and before take-off procedures; (vi) take-off and climb pressurisation; (vii) cruise and fuel management; (viii) descent and approach; (ix) after landing and securing; (x) crew coordination; (xi) situational awareness; (xii) performance computations; and (xiii) anti-ice and de-ice measures; (b) abnormal and emergency procedures- (i) troubleshooting; (ii) knowledge of checklist; (iii) crew coordination; (iv) minimum equipment list or MEL; (v) configuration deviation list or CDL; and (vi) emergency or alternate operation of aircraft flight systems.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
158. Supervised line flying- pilots
(1)

A pilot initially qualifying as a PIC shall complete a minimum of ten flights performing the duties of a PIC under the supervision of a check pilot.

(2)

A PIC transitioning to a new aircraft type shall complete a minimum of 5 flights performing the duties of a PIC under the supervision of an check pilot.

(3)

A pilot qualifying for duties other than PIC shall complete a minimum of 5 flights performing those duties under the supervision of a check pilot.

(4)

During the time that a qualifying PIC is acquiring operating experience, a check pilot who is also serving as the PIC shall occupy a co-pilot station.

(5)

In the case of a transitioning PIC, the check pilot serving as PIC may occupy the observer's seat if the transitioning pilot has made at least 2 take-offs and landings in the type aircraft used, and has satisfactorily demonstrated to the check pilot or examiner that is qualified to perform the duties of a PIC for that type of aircraft.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Supervised line flying- pilots”.

“(1) A pilot initially qualifying as a PIC shall complete a minimum of ten flights performing the duties of a PIC under the supervision of a check pilot.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) A pilot initially qualifying as a PIC shall complete a minimum of ten flights performing the duties of a PIC under the supervision of a check pilot.
  2. (2) A PIC transitioning to a new aircraft type shall complete a minimum of 5 flights performing the duties of a PIC under the supervision of an check pilot.
  3. (3) A pilot qualifying for duties other than PIC shall complete a minimum of 5 flights performing those duties under the supervision of a check pilot.
  4. (4) During the time that a qualifying PIC is acquiring operating experience, a check pilot who is also serving as the PIC shall occupy a co-pilot station.
  5. (5) In the case of a transitioning PIC, the check pilot serving as PIC may occupy the observer's seat if the transitioning pilot has made at least 2 take-offs and landings in the type aircraft used, and has satisfactorily demonstrated to the check pilot or examiner that is qualified to perform the duties of a PIC for that type of aircraft.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
159. Supervised line flying for flight engineers

A flight engineer who has qualified on a new type rating on an aircraft shall perform the functions of a flight engineer for a minimum of five flights under the supervision of a flight instructor or qualified flight engineer approved by the air operator certificate holder and accepted by the authority

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Supervised line flying for flight engineers”.

“A flight engineer who has qualified on a new type rating on an aircraft shall perform the functions of a flight engineer for a minimum of five flights under the supervision of a flight instructor or qualified flight engineer approved by the air operator certificate holder and accepted by the authority”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A flight engineer who has qualified on a new type rating on an aircraft shall perform the functions of a flight engineer for a minimum of five flights under the supervision of a flight instructor or qualified flight engineer approved by the air operator certificate holder and accepted by the authority
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
160. Pilot qualification for route and area checks
(1)

A person shall not serve nor shall any AOC holder use a person as a pilot unless, within the preceding twelve months, that person has passed a route check in which the person satisfactorily performed his or her assigned duties in one of the types of aircraft he or she is to fly.

(2)

A person shall not perform PIC duties over a designated special operational area that requires a special navigation system or procedures or in EDTO operations unless his or her competency with the system and procedures has been demonstrated to the AOC holder within the past twelve months.

(3)

A PIC of an aircraft shall demonstrate special operational competency by navigation over the route or area as PIC under the supervision of a check pilot on an annual basis by demonstrating a knowledge of- (a) the terrain and minimum safe altitudes; (b) the seasonal meteorological conditions; (c) the search and rescue procedures; (d) the navigational facilities and procedures, including any long-range navigation procedures, associated with the route along which the flight is to take place; (e) procedures applicable to flight paths over heavily populated areas of high air traffic density, obstructions, physical layout, lighting, approach aids and arrival, departure, holding and instrument approach procedures, and applicable operating minima; and (f) the meteorological, communication and air traffic facilities, services and procedures.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Pilot qualification for route and area checks”.

“(1) A person shall not serve nor shall any AOC holder use a person as a pilot unless, within the preceding twelve months, that person has passed a route check in which the person satisfactorily performed his or her assigned duties in one of the types of aircraft he or she is to fly.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) A person shall not serve nor shall any AOC holder use a person as a pilot unless, within the preceding twelve months, that person has passed a route check in which the person satisfactorily performed his or her assigned duties in one of the types of aircraft he or she is to fly.
  2. (2) A person shall not perform PIC duties over a designated special operational area that requires a special navigation system or procedures or in EDTO operations unless his or her competency with the system and procedures has been demonstrated to the AOC holder within the past twelve months.
  3. (3) A PIC of an aircraft shall demonstrate special operational competency by navigation over the route or area as PIC under the supervision of a check pilot on an annual basis by demonstrating a knowledge of- (a) the terrain and minimum safe altitudes; (b) the seasonal meteorological conditions; (c) the search and rescue procedures; (d) the navigational facilities and procedures, including any long-range navigation procedures, associated with the route along which the flight is to take place; (e) procedures applicable to flight paths over heavily populated areas of high air traffic density, obstructions, physical layout, lighting, approach aids and arrival, departure, holding and instrument approach procedures, and applicable operating minima; and (f) the meteorological, communication and air traffic facilities, services and procedures.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
161. Low minimums authorisation for PIC

Where a PIC has not completed (a) fifteen flights performing PIC duties in an aircraft type, including 5 approaches to landing using Category I or II operations procedures, that PIC shall not plan for or initiate an instrument approach when the ceiling is less than 300 ft and the visibility is less than 2,000 m; and

(b)

twenty flights performing PIC duties in an aircraft including 5 approaches and landing using Category III operations procedures, that PIC shall not plan for or initiate an approach when the ceiling is less than 100 ft or the visibility is less than 400 m Runway Visual Range (RVR).

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Low minimums authorisation for PIC”.

“Where a PIC has not completed (a) fifteen flights performing PIC duties in an aircraft type, including 5 approaches to landing using Category I or II operations procedures, that PIC shall not plan for or initiate an instrument approach when the ceiling is less than 300 ft and the visibility is less than 2,000 m; and”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (b) twenty flights performing PIC duties in an aircraft including 5 approaches and landing using Category III operations procedures, that PIC shall not plan for or initiate an approach when the ceiling is less than 100 ft or the visibility is less than 400 m Runway Visual Range (RVR).
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
162. Designated special aerodromes- PIC qualification
(1)

The authority may determine that certain aerodromes, due to items such as surrounding terrain obstructions or complex approach or departure procedures are special airport qualifications and that certain areas or routes, or both require a special type of navigation qualification.

(2)

A person shall not serve nor shall any AOC holder use a person as PIC for operations at special airport qualifications aerodromes unless within the preceding twelve months the PIC-

(a)

has been qualified by the AOC holder through a pictorial means acceptable to the authority for that aerodrome; or

(b)

the assigned co-pilot has made a take-off and landing at that aerodrome or while serving as a flight crew member for the AOC holder.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Designated special aerodromes- PIC qualification”.

“(1) The authority may determine that certain aerodromes, due to items such as surrounding terrain obstructions or complex approach or departure procedures are special airport qualifications and that certain areas or routes, or both require a special type of navigation qualification.”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Designated special aerodromes- PIC qualification”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) The authority may determine that certain aerodromes, due to items such as surrounding terrain obstructions or complex approach or departure procedures are special airport qualifications and that certain areas or routes, or both require a special type of navigation qualification.
  2. (2) A person shall not serve nor shall any AOC holder use a person as PIC for operations at special airport qualifications aerodromes unless within the preceding twelve months the PIC-
  3. (a) has been qualified by the AOC holder through a pictorial means acceptable to the authority for that aerodrome; or
  4. (b) the assigned co-pilot has made a take-off and landing at that aerodrome or while serving as a flight crew member for the AOC holder.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
163. Designated special airport qualifications aerodrome limitations
(1)

Designated special airport qualifications aerodrome limitations are not applicable if the operation occurs-

(a)

during daylight hours;

(b)

when the visibility is at least 5 km; and

(c)

when the ceiling at that aerodrome is at least 1,000 ft above the lowest initial approach altitude prescribed for an instrument approach procedure.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Designated special airport qualifications aerodrome limitations”.

“(1) Designated special airport qualifications aerodrome limitations are not applicable if the operation occurs-”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Designated special airport qualifications aerodrome limitations”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) Designated special airport qualifications aerodrome limitations are not applicable if the operation occurs-
  2. (a) during daylight hours;
  3. (b) when the visibility is at least 5 km; and
  4. (c) when the ceiling at that aerodrome is at least 1,000 ft above the lowest initial approach altitude prescribed for an instrument approach procedure.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
164. Recurrent training and checking for flight crew members
(1)

An operator shall ensure that- (a) a flight crew member undergoes recurrent training listed in subregulation (2) and a check referred to in subregulation (3) and that all such training and checking is relevant to the type or variant of an aircraft on which the flight crew member operates; and (b) a recurrent training and checking programme is established in the operations manual and approved by the authority.

(2)

Recurrent training referred to in subregulation (1), shall be conducted by the following personnel- (a) suitably qualified personnel ground and refresher training;

(b)

aeroplane synthetic flight trainer training: by an authorised instructor or in the case of the synthetic flight trainer content schedule, a synthetic flight trainer authorised instructor provided that the authorised instructor or synthetic flight trainer authorised instructor has satisfied experience and knowledge requirements of an operator sufficient to instruct on the items specified in the operations manual;

(c)

emergency and safety equipment training: by suitably qualified personnel;

(d)

crew resource management training: by suitably qualified personnel to integrate elements of crew resource management into all phases of recurrent training; and

(e)

modular crew resource management training: by at least one Crew Resource Management (CRM) trainer acceptable to the authority who may be assisted by experts in order to address specific areas.

(3)

The recurrent training referred to in subregulation (1) shall be conducted by the following personnel-

(a)

operator proficiency check: by a check pilot or flight engineer authorised by the AOC holder and accepted by the authority, as appropriate, or, if the check is conducted in a synthetic flight trainer training device, by check pilot or authorised flight engineer as appropriate; or (b) line checks: by a check pilot of the operator and acceptable to the authority; and (c) emergency and safety equipment checking by suitably qualified personnel acceptable to the authority.

(4)

The period of validity of an operator proficiency check shall be- (a) six months in addition to the remainder of the month of issue; or (b) if issued within the final three months of validity of a previous operator proficiency check, extended from the date of issue until six months from the expiry date of that previous operator proficiency check.

(5)

An operator shall ensure that each flight crew member undergoes a line check on the aircraft to demonstrate his or her competence in carrying out normal line operations described in the operations manual.

(6)

The period of validity of a line check referred to in subregulation (5) shall be- (a) twelve months, in addition to the remainder of the month of issue; or (b) if issued within the final three months of validity of a previous line check, extended from the date of issue until twelve months from the expiry date of that previous check.

(7)

An operator shall ensure that each flight crew member undergoes training and checking on the location and use of emergency and safety equipment carried.

(8)

The period of validity of an emergency and safety equipment check referred to in subregulation (7) shall be- (a) twelve months in addition to the remainder of the month of issue; or (b) if issued within the final three months of validity of a previous emergency and safety check, extended from the date of issue until twelve months from the expiry date of the previous emergency and safety equipment check.

(9)

An operator shall ensure that- (a) the elements of CRM are integrated into all appropriate phases of the recurrent training; and (b) a flight crew member undergoes specific modular CRM training and all major topics of CRM training shall be covered over a period not exceeding three years.

(10)

An operator shall ensure that each flight crew member undergoes ground and refresher training at least every twelve months, if the training is conducted within 3 months prior to the expiry of the twelve months period, the next ground and refresher training shall be completed within twelve months of the original expiry date of the previous ground and refresher training.

(11)

An operator shall ensure that each flight crew member under goes aircraft training or synthetic flight trainer training at least every 6 months, if the training is conducted within three months prior to the expiry of the twelve months period, the next aircraft or synthetic flight trainer training shall be completed within 6 months of the original expiry date of the previous aircraft or synthetic flight trainer training.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Recurrent training and checking for flight crew members”.

“(1) An operator shall ensure that- (a) a flight crew member undergoes recurrent training listed in subregulation (2) and a check referred to in subregulation (3) and that all such training and checking is relevant to the type or variant of an aircraft on which the flight crew member operates; and (b) a recurrent training and checking programme is established in the operations manual and approved by the authority.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

16
  1. (1) An operator shall ensure that- (a) a flight crew member undergoes recurrent training listed in subregulation (2) and a check referred to in subregulation (3) and that all such training and checking is relevant to the type or variant of an aircraft on which the flight crew member operates; and (b) a recurrent training and checking programme is established in the operations manual and approved by the authority.
  2. (2) Recurrent training referred to in subregulation (1), shall be conducted by the following personnel- (a) suitably qualified personnel ground and refresher training;
  3. (b) aeroplane synthetic flight trainer training: by an authorised instructor or in the case of the synthetic flight trainer content schedule, a synthetic flight trainer authorised instructor provided that the authorised instructor or synthetic flight trainer authorised instructor has satisfied experience and knowledge requirements of an operator sufficient to instruct on the items specified in the operations manual;
  4. (c) emergency and safety equipment training: by suitably qualified personnel;
  5. (d) crew resource management training: by suitably qualified personnel to integrate elements of crew resource management into all phases of recurrent training; and
  6. (e) modular crew resource management training: by at least one Crew Resource Management (CRM) trainer acceptable to the authority who may be assisted by experts in order to address specific areas.
  7. (3) The recurrent training referred to in subregulation (1) shall be conducted by the following personnel-
  8. (a) operator proficiency check: by a check pilot or flight engineer authorised by the AOC holder and accepted by the authority, as appropriate, or, if the check is conducted in a synthetic flight trainer training device, by check pilot or authorised flight engineer as appropriate; or (b) line checks: by a check pilot of the operator and acceptable to the authority; and (c) emergency and safety equipment checking by suitably qualified personnel acceptable to the authority.

8 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
165. Check pilot training
(1)

A person shall not serve nor shall any AOC holder use a person as a check pilot in an aircraft or check pilot in a synthetic flight trainer in a training programme unless, with respect to the aircraft type involved, the person has satisfactorily completed the appropriate training phases for the aircraft, including recurrent training, that are required to serve as a PIC .

(2)

An AOC holder shall ensure that initial ground training for check pilots includes- (a) check pilot duties, functions, and responsibilities; (b) applicable regulations and the policies and procedures of the AOC holder; (c) appropriate methods, procedures and techniques for conducting the required checks; (d) proper evaluation of student performance including the detection of- (i) improper and insufficient training; and (ii) personal characteristics of an applicant that could adversely affect safety; (e) appropriate corrective action in the case of unsatisfactory checks; and (f) approved methods, procedures and limitations for performing the required normal, abnormal and emergency procedures in the aircraft.

(3)

Transition ground training for all check pilots shall include the approved methods, procedures and limitations for performing the required normal, abnormal and emergency procedures applicable to the aircraft to which the check pilot is in transition.

(4)

An AOC holder shall ensure that the initial and transition flight training for check pilots in an aircraft include- (a) training and practice in conducting flight evaluations, from the left and right pilot seats for pilot check pilots in the required normal, abnormal and emergency procedures to ensure competence to conduct flight checks;

(b)

the potential results of improper, untimely or non-execution of safety measures during an evaluation; (c) the safety measures, to be taken from either pilot seat for pilot check pilots, for emergency situations that are likely to develop during an evaluation; (d) training and practice in conducting flight checks in the required normal, abnormal and emergency procedures to ensure competence to conduct the evaluations checks required by this regulation; and (e) training in the operation of synthetic flight trainers to ensure competence to conduct evaluations required by this regulation.

(5)

An AOC holder shall accomplish flight training for a check pilot in full or in part in an aircraft, in flight in a synthetic flight trainer, as appropriate.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Check pilot training”.

“(1) A person shall not serve nor shall any AOC holder use a person as a check pilot in an aircraft or check pilot in a synthetic flight trainer in a training programme unless, with respect to the aircraft”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Check pilot training”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. (1) A person shall not serve nor shall any AOC holder use a person as a check pilot in an aircraft or check pilot in a synthetic flight trainer in a training programme unless, with respect to the aircraft type involved, the person has satisfactorily completed the appropriate training phases for the aircraft, including recurrent training, that are required to serve as a PIC .
  2. (2) An AOC holder shall ensure that initial ground training for check pilots includes- (a) check pilot duties, functions, and responsibilities; (b) applicable regulations and the policies and procedures of the AOC holder; (c) appropriate methods, procedures and techniques for conducting the required checks; (d) proper evaluation of student performance including the detection of- (i) improper and insufficient training; and (ii) personal characteristics of an applicant that could adversely affect safety; (e) appropriate corrective action in the case of unsatisfactory checks; and (f) approved methods, procedures and limitations for performing the required normal, abnormal and emergency procedures in the aircraft.
  3. (3) Transition ground training for all check pilots shall include the approved methods, procedures and limitations for performing the required normal, abnormal and emergency procedures applicable to the aircraft to which the check pilot is in transition.
  4. (4) An AOC holder shall ensure that the initial and transition flight training for check pilots in an aircraft include- (a) training and practice in conducting flight evaluations, from the left and right pilot seats for pilot check pilots in the required normal, abnormal and emergency procedures to ensure competence to conduct flight checks;
  5. (b) the potential results of improper, untimely or non-execution of safety measures during an evaluation; (c) the safety measures, to be taken from either pilot seat for pilot check pilots, for emergency situations that are likely to develop during an evaluation; (d) training and practice in conducting flight checks in the required normal, abnormal and emergency procedures to ensure competence to conduct the evaluations checks required by this regulation; and (e) training in the operation of synthetic flight trainers to ensure competence to conduct evaluations required by this regulation.
  6. (5) An AOC holder shall accomplish flight training for a check pilot in full or in part in an aircraft, in flight in a synthetic flight trainer, as appropriate.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
166. Authorised instructor or synthetic flight trainer and

authorised instructor training (1) A person shall not serve nor shall any AOC holder use a person as an authorised instructor or a synthetic flight trainer authorised instructor in a training programme unless- (a) that person has satisfactorily completed initial or transition authorised instructor or a synthetic flight trainer authorised instructor training, as appropriate; and (b) within the preceding twenty four months, that person satisfactorily conducts instruction under the observation of an authorised person, an AOC holder's check pilot, an authorised flight engineer, as appropriate, or an examiner employed by the AOC holder.

(2)

An AOC holder shall- (a) accomplish the observation check for a authorised instructor or a synthetic flight trainer authorised instructor, in part or in full, in an aircraft, or a synthetic flight trainer; as appropriate; (b) ensure that initial ground training for an authorised instructor and synthetic flight trainer authorised instructor includes the following- (i) the duties, functions, and responsibilities; (ii) applicable regulations and the policies and procedures of the AOC holder; (iii) appropriate methods, procedures and techniques for conducting the required checks; and (iv) proper evaluation of trainee performance including the detection of- (aa) improper and insufficient training; and (bb) personal characteristics of an applicant that could adversely affect safety; (v) appropriate corrective action in the case of unsatisfactory checks; (vi) approved methods, procedures and limitations for performing the required normal, abnormal and emergency procedures in the aircraft; and (vii) except for holders of a flight instructor licence- (aa) the fundamental principles of the teaching- learning process; (bb) teaching methods and procedures; and (cc) the instructor-trainee relationship; (c) ensure that the transition ground training for an authorised instructor and synthetic flight trainer authorised instructor includes the approved methods, procedures, and limitations for performing the required normal, abnormal and emergency procedures applicable to the aircraft to which the authorised instructor is in transition; (d) ensure that the initial and transition flight training for an authorised instructor and synthetic flight trainer authorised instructor includes the following- (i) the safety measures for emergency situations that are likely to develop during instruction; (ii) the potential results of improper, untimely or non- execution of safety measures during instruction; (iii) for pilot authorised instructor- (aa) in-flight training and practice in conducting flight instruction from the left and right pilot seats in the required normal, abnormal and emergency procedures to ensure competence as an instructor; and (bb) the safety measures to be taken from either pilot seat for emergency situations that are likely to develop during instruction; and (iv) for authorised flight engineer instructor, in-flight training to ensure competence to perform assigned duties; (e) accomplish the flight training requirements for an authorised instructor in full or in part in an aircraft, in flight or in a synthetic flight trainer; (f) ensure that the initial and transition flight training for synthetic flight trainer authorised instructor includes the following- (i) training and practice in the required normal, abnormal and emergency procedures to ensure competence to conduct the flight instruction required by this regulation, where the training and practice are accomplished in full or in part in a synthetic flight trainer; and (ii) training in the operation of synthetic flight trainers, to ensure competence to conduct the flight instruction required by this regulation.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Authorised instructor or synthetic flight trainer and”.

“authorised instructor training (1) A person shall not serve nor shall any AOC holder use a person as an authorised instructor or a synthetic flight trainer authorised instructor in a training programme unless- (a) that person has satisfactorily completed initial or transition authorised instructor or a synthetic flight trainer authorised instructor training, as appropriate; and (b) within the preceding twenty four months, that person satisfactorily conducts instruction under the observation of an authorised…”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Authorised instructor or synthetic flight trainer and”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (2) An AOC holder shall- (a) accomplish the observation check for a authorised instructor or a synthetic flight trainer authorised instructor, in part or in full, in an aircraft, or a synthetic flight trainer; as appropriate; (b) ensure that initial ground training for an authorised instructor and synthetic flight trainer authorised instructor includes the following- (i) the duties, functions, and responsibilities; (ii) applicable regulations and the policies and procedures of the AOC holder; (iii) appropriate methods, procedures and techniques for conducting the required checks; and (iv) proper evaluation of trainee performance including the detection of- (aa) improper and insufficient training; and (bb) personal characteristics of an applicant that could adversely affect safety; (v) appropriate corrective action in the case of unsatisfactory checks; (vi) approved methods, procedures and limitations for performing the required normal, abnormal and emergency procedures in the aircraft; and (vii) except for holders of a flight instructor licence- (aa) the fundamental principles of the teaching- learning process; (bb) teaching methods and procedures; and (cc) the instructor-trainee relationship; (c) ensure that the transition ground training for an authorised instructor and synthetic flight trainer authorised instructor includes the approved methods, procedures, and limitations for performing the required normal, abnormal and emergency procedures applicable to the aircraft to which the authorised instructor is in transition; (d) ensure that the initial and transition flight training for an authorised instructor and synthetic flight trainer authorised instructor includes the following- (i) the safety measures for emergency situations that are likely to develop during instruction; (ii) the potential results of improper, untimely or non- execution of safety measures during instruction; (iii) for pilot authorised instructor- (aa) in-flight training and practice in conducting flight instruction from the left and right pilot seats in the required normal, abnormal and emergency procedures to ensure competence as an instructor; and (bb) the safety measures to be taken from either pilot seat for emergency situations that are likely to develop during instruction; and (iv) for authorised flight engineer instructor, in-flight training to ensure competence to perform assigned duties; (e) accomplish the flight training requirements for an authorised instructor in full or in part in an aircraft, in flight or in a synthetic flight trainer; (f) ensure that the initial and transition flight training for synthetic flight trainer authorised instructor includes the following- (i) training and practice in the required normal, abnormal and emergency procedures to ensure competence to conduct the flight instruction required by this regulation, where the training and practice are accomplished in full or in part in a synthetic flight trainer; and (ii) training in the operation of synthetic flight trainers, to ensure competence to conduct the flight instruction required by this regulation.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
167. Authorised instructor qualifications An AOC holder shall not use

a person nor shall any person serve as an instructor in an established training programme unless, with respect to the aircraft type involved, that person (a) holds licences and ratings required to serve as a PIC or a flight engineer; (b) has satisfactorily completed the appropriate training phases for the aircraft, including recurrent training, that are required to serve as a PIC or a flight engineer, as applicable; (c) has satisfactorily completed the appropriate proficiency, competency and recency of experience checks that are required to serve as a PIC or a flight engineer, as applicable; (d) has satisfactorily completed the applicable initial or transitional training requirements and the authority- observed in-flight competency check; and (e) holds a Class 1 medical certificate.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Authorised instructor qualifications An AOC holder shall not use”.

“a person nor shall any person serve as an instructor in an established training programme unless, with respect to the aircraft type involved, that person (a) holds licences and ratings required to serve as a PIC or a flight engineer; (b) has satisfactorily completed the appropriate training phases for the aircraft, including recurrent training, that are required to serve as a PIC or a flight engineer, as applicable; (c) has satisfactorily completed the appropriate proficiency, competency and recency of experience…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. a person nor shall any person serve as an instructor in an established training programme unless, with respect to the aircraft type involved, that person (a) holds licences and ratings required to serve as a PIC or a flight engineer; (b) has satisfactorily completed the appropriate training phases for the aircraft, including recurrent training, that are required to serve as a PIC or a flight engineer, as applicable; (c) has satisfactorily completed the appropriate proficiency, competency and recency of experience checks that are required to serve as a PIC or a flight engineer, as applicable; (d) has satisfactorily completed the applicable initial or transitional training requirements and the authority- observed in-flight competency check; and (e) holds a Class 1 medical certificate.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
168. Check pilot and authorised flight engineer qualifications An AOC holder shall not use

a person, nor shall any person serve as a check pilot or an flight engineer authorised by the AOC holder and approved by the authority in an established training programme unless, with respect to the aircraft type involved, that person (a) holds the pilot licences and ratings required to serve as

PIC or a flight engineer; (b) has satisfactorily completed the appropriate training phases for the aircraft, including recurrent training, that are required to serve as a PIC or a flight engineer; (c) has satisfactorily completed the appropriate proficiency, competency and recency of experience checks that are required to serve as a PIC or a flight engineer; (d) has satisfactorily completed the applicable initial or transitional training requirements and the authority- observed in-flight competency check; (e) holds Class I medical certificate; and (f) has been approved by the authority for the check pilot or authorised flight engineer duties involved as applicable.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Check pilot and authorised flight engineer qualifications An AOC holder shall not use”.

“a person, nor shall any person serve as a check pilot or an flight engineer authorised by the AOC holder and approved by the authority in an established training programme unless, with respect to the aircraft type involved, that person (a) holds the pilot licences and ratings required to serve as”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. a person, nor shall any person serve as a check pilot or an flight engineer authorised by the AOC holder and approved by the authority in an established training programme unless, with respect to the aircraft type involved, that person (a) holds the pilot licences and ratings required to serve as
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
169. Check pilot designation, authorisations and limitations
(1)

A person shall not serve nor shall any AOC holder use a person as a check pilot for- (a) any flight check unless that person has been designated by the authority, by name for specified function by the authority within the preceding twelve months; (b) any check- (i) in an aircraft as a required flight crew member unless that person holds the required flight crew licence and ratings and has completed for the AOC holder all applicable training, qualification and currency requirements under these Regulations applicable to the crew position and the flight operations being checked; (ii) in an aircraft as an observer check pilot unless that person holds the pilot licences and ratings and has completed all applicable training, qualification and line observation requirements under these Regulations applicable to the position and the flight operations being checked; or (iii) in a synthetic flight trainer unless that person has completed or observed with the AOC holder all training, qualification and line observation requirements under these Regulations applicable to the position and flight operations being checked.

(2)

For purposes of subregulation (1), a check pilot shall be authorised to- (a) conduct proficiency or competency checks, line checks, and special qualification checks; (b) supervise the re-establishment of landing currency; and (c) supervise any initial operating experience requirements prescribed by the regulations or the authority.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Check pilot designation, authorisations and limitations”.

“(1) A person shall not serve nor shall any AOC holder use a person as a check pilot for- (a) any flight check unless that person has been designated by the authority, by name for specified function by the authority within the preceding twelve months; (b) any check- (i) in an aircraft as a required flight crew member unless that person holds the required flight crew licence and ratings and has completed for the AOC holder all applicable training, qualification and currency requirements under these Regulations…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) A person shall not serve nor shall any AOC holder use a person as a check pilot for- (a) any flight check unless that person has been designated by the authority, by name for specified function by the authority within the preceding twelve months; (b) any check- (i) in an aircraft as a required flight crew member unless that person holds the required flight crew licence and ratings and has completed for the AOC holder all applicable training, qualification and currency requirements under these Regulations applicable to the crew position and the flight operations being checked; (ii) in an aircraft as an observer check pilot unless that person holds the pilot licences and ratings and has completed all applicable training, qualification and line observation requirements under these Regulations applicable to the position and the flight operations being checked; or (iii) in a synthetic flight trainer unless that person has completed or observed with the AOC holder all training, qualification and line observation requirements under these Regulations applicable to the position and flight operations being checked.
  2. (2) For purposes of subregulation (1), a check pilot shall be authorised to- (a) conduct proficiency or competency checks, line checks, and special qualification checks; (b) supervise the re-establishment of landing currency; and (c) supervise any initial operating experience requirements prescribed by the regulations or the authority.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
170. Synthetic flight trainer approval An AOC holder shall not use a

synthetic flight trainer for (a) training or checking unless that synthetic flight trainer has been specifically approved for the AOC holder in writing by the authority; or (b) any purpose other than that specified in the approval of the authority.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Synthetic flight trainer approval An AOC holder shall not use a”.

“synthetic flight trainer for (a) training or checking unless that synthetic flight trainer has been specifically approved for the AOC holder in writing by the authority; or (b) any purpose other than that specified in the approval of the authority.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. synthetic flight trainer for (a) training or checking unless that synthetic flight trainer has been specifically approved for the AOC holder in writing by the authority; or (b) any purpose other than that specified in the approval of the authority.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
171. Line qualification for check pilot or instructor

A person shall not serve nor shall any air operator certificate holder use a person as a check pilot or synthetic flight trainer instructor unless, within the preceding twelve months before that service, that person has (a) flown at least five flights as a required flight crew member for the type of aircraft involved; or

(b)

observed, in the cockpit, the conduct of two complete flights in the aircraft type to which the person is assigned.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Line qualification for check pilot or instructor”.

“A person shall not serve nor shall any air operator certificate holder use a person as a check pilot or synthetic flight trainer instructor unless, within the preceding twelve months before that service, that person has (a) flown at least five flights as a required flight crew member for the type of aircraft involved; or”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (b) observed, in the cockpit, the conduct of two complete flights in the aircraft type to which the person is assigned.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
172. Termination of a proficiency, competence or

line check An AOC holder shall not use a crew member or flight operations officer in whose check was terminated in commercial air transport operations until the completion of a satisfactory recheck of that crew member or flight operations officer has been carried out

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Termination of a proficiency, competence or”.

“line check An AOC holder shall not use a crew member or flight operations officer in whose check was terminated in commercial air transport operations until the completion of a satisfactory recheck of that crew member or flight operations officer has been carried out”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. line check An AOC holder shall not use a crew member or flight operations officer in whose check was terminated in commercial air transport operations until the completion of a satisfactory recheck of that crew member or flight operations officer has been carried out
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
173. Recording of crew member qualifications
(1)

The AOC holder shall record and maintain for each crew member and flight operations officer, a record of each test and check as required by these Regulations. (2) A pilot may complete the curricula required by these Regulations concurrently or intermixed with other required curricula, except that completion of each of these curricula shall be recorded separately.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Recording of crew member qualifications”.

“(1) The AOC holder shall record and maintain for each crew member and flight operations officer, a record of each test and check as required by these Regulations. (2) A pilot may complete the curricula required by these Regulations concurrently or intermixed with other required curricula, except that completion of each of these curricula shall be recorded separately.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (1) The AOC holder shall record and maintain for each crew member and flight operations officer, a record of each test and check as required by these Regulations. (2) A pilot may complete the curricula required by these Regulations concurrently or intermixed with other required curricula, except that completion of each of these curricula shall be recorded separately.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
174. Monitoring of training and checking activities
(1)

An AOC holder shall forward to the authority, at least five working days prior to the scheduled activity, the dates, location, reporting times and report of all- (a) training for which a curriculum is approved in the training programme of the AOC holder; and (b) proficiency, competence and line checks so as to enable adequate supervision of its training and checking activities.

(2)

Failure to provide the information in subregulation (1) may invalidate the training or check and the authority may require that the training or check be repeated for observation purposes.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Monitoring of training and checking activities”.

“(1) An AOC holder shall forward to the authority, at least five working days prior to the scheduled activity, the dates, location, reporting times and report of all- (a) training for which a curriculum is approved in the training programme of the AOC holder; and (b) proficiency, competence and line checks so as to enable adequate supervision of its training and checking activities.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) An AOC holder shall forward to the authority, at least five working days prior to the scheduled activity, the dates, location, reporting times and report of all- (a) training for which a curriculum is approved in the training programme of the AOC holder; and (b) proficiency, competence and line checks so as to enable adequate supervision of its training and checking activities.
  2. (2) Failure to provide the information in subregulation (1) may invalidate the training or check and the authority may require that the training or check be repeated for observation purposes.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
175. Eligibility period
(1)

A crew member who is required to take a proficiency check, a test or competency check or recurrent training to maintain qualification for commercial air transport operations shall complete the requirements at any time during the eligibility period.

(2)

The eligibility period is defined as the three month period including the month prior, the month due, and the month after any due date specified by these Regulations.

(3)

Completion of the requirement at any time during the period shall be considered as completed in the month due for calculation of the next due date.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Eligibility period”.

“(1) A crew member who is required to take a proficiency check, a test or competency check or recurrent training to maintain qualification for commercial air transport operations shall complete the requirements at any time during the eligibility period.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) A crew member who is required to take a proficiency check, a test or competency check or recurrent training to maintain qualification for commercial air transport operations shall complete the requirements at any time during the eligibility period.
  2. (2) The eligibility period is defined as the three month period including the month prior, the month due, and the month after any due date specified by these Regulations.
  3. (3) Completion of the requirement at any time during the period shall be considered as completed in the month due for calculation of the next due date.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part Vi

176. Qualifications of Flight Operations Officer or Flight

Dispatcher (1) A flight operations officer or flight dispatcher, employed in conjunction with an approved method of control and supervision of flight operations shall be licensed in accordance with the Civil Aviation (Personnel Licensing) Regulations, 2022.

(2)

In accepting proof of qualifications other than the option of holding of a flight operations officer or flight dispatcher licence, the authority, in accordance with the approved method of control and supervision of flight operations, shall require that, as a minimum, such persons meet the requirements specified in the Civil Aviation (Personnel Licensing) Regulations, 2022 for the flight operations officer or flight dispatcher licence.

(3)

A person shall not act as a flight operations officer in releasing a scheduled passenger-carrying commercial air transport operation aircraft unless he or she holds a flight operations officer licence or an Airline Transport Pilot Licence, and is currently qualified by the air operator certificate holder for the operation and type of aircraft used.

(4)

A flight operations officer or flight dispatcher shall not be assigned to duty unless he or she has- (a) satisfactorily completed the operator-specific training course that addresses all the specific components of its approved method of control and supervision of flight operations are as specified in regulation 26 of these Regulations; (b) made, within the preceding twelve months, at least two qualification flights in the flight crew compartment of an aeroplane over any area for which he or she is authorised to exercise flight supervision and the flight shall include landings at as many aerodromes as practicable; (c) demonstrated to the operator a knowledge of- (i) the contents of the operations manual; (ii) the radio equipment in the aeroplanes used; and (iii) the navigation equipment in the aeroplanes used; (d) demonstrated to the operator a knowledge of the following details concerning operations for which the officer is responsible and areas in which he or she is authorised to exercise flight supervision- (i) the seasonal meteorological conditions and the sources of meteorological information; (ii) the effects of meteorological conditions on radio reception in the aeroplanes used; (iii) the peculiarities and limitations of each navigation system which is used by the operation; and (iv) the aeroplane loading instructions; (e) demonstrated to the operator knowledge and skills related to human performance relevant to dispatch duties; and (f) demonstrated to the operator the ability to perform the duties specified in regulation 103 of these Regulations.

(5)

A flight operations officer or flight dispatcher assigned to duty shall maintain complete familiarisation with all features of the operation which are pertinent to such duties, including knowledge and skills related to human performance.

(6)

A flight operations officer or flight dispatcher shall not be assigned to duty after twelve consecutive months of absence from such duty, unless the provisions of subregulation (4) are met.

177. Initial training for flight operations officer
(1)

A person shall not serve nor shall any AOC holder use a person as a flight operations officer unless that person has completed the initial training approved by the authority.

(2)

Aircraft initial flight operations officer training shall include the pertinent portions of the operations manual relating to aircraft specific flight preparation procedures, performance, mass and balance, systems, limitations for the aircraft types within the fleet.

(3)

An AOC holder shall provide initial aircraft training for flight operations officers that include instruction in at least the following general dispatch subjects- (a) normal and emergency communications procedures; (b) available sources of weather information; (c) actual and prognostic weather charts; (d) interpretation of weather information; (e) adverse weather phenomena, such as clear air turbulence, wind shear, and thunderstorms; (f) notice to Airmen or NOTAM system; (g) navigational charts and publications; (h) air traffic control and instrument flight rules procedures;

(i)

familiarisation with the operational area; (j) characteristics of special aerodromes and other operationally significant aerodromes which the operator uses, such as terrain, approach aids, or prevailing weather phenomena; (k) joint flight operations officer and group responsibilities; and (l) approved Crew Resource Management (CRM) training for flight operations officers.

(4)

An AOC holder shall provide initial aircraft training for flight operations officers that include instruction in at least the following aircraft characteristics- (a) general operating characteristics of an aircraft of the AOC holder; (b) aircraft specific training with emphasis on the following topics- (i) aircraft operating and performance characteristics; (ii) navigation equipment; (iii) instrument approach and communications equipment; and (iv) emergency equipment; (c) flight manual training; and (d) equipment training.

(5)

An AOC holder shall provide initial aircraft training for flight operations officers that include instruction in at least the following emergency procedures- (a) assisting the flight crew in an emergency; and (b) alerting of appropriate governmental, company and private agencies.

(6)

An AOC holder shall ensure that initial ground training for flight operations officers includes a competence check given by an appropriate supervisor or ground instructor that demonstrates the required knowledge and abilities.

178. Competence checks for flight operations officer
(1)

A person shall not serve nor shall any AOC holder use a person as a flight operations officer unless, within the preceding twelve months before that service, such a person passed the competency check, approved by the authority, performing the flight preparation and subsequent duties appropriate to that person's assignment.

(2)

Examiners of the flight operations officer referred to under subregulation (1) shall conduct competency checks for flight operations officers to demonstrate that the proficiency level of the candidate is sufficient to ensure the successful outcome of all dispatch operations.

(3)

An authorised person shall observe and examine competency checks for flight operations officers.

(4)

A competency check for flight operations officers shall include- (a) an evaluation of all aspects of the dispatch function; (b) a demonstration of the knowledge and abilities in normal and abnormal situations; and (c) an observation of actual flights being dispatched.

(5)

An examiner of newly hired flight operations officer shall include during initial competency checks, an evaluation of all of geographic areas and types of aircraft the flight operations officer shall be qualified to dispatch.

(6)

The authorised person may approve a competency check of representative aircraft types when, in his or her judgement, a check including all types is impractical or unnecessary.

(7)

An examiner may limit initial equipment and transition competency checks solely to the dispatch of the types of aircraft on which the flight operations officer is qualifying, unless the check is to simultaneously count as a recurrent check.

(8)

An examiner of flight operations officers shall include, during recurrent and re-qualification competency checks, a representative sample of aircraft and routes for which the flight operations officers maintain current qualification.

(9)

Subject to subregulation (8), in the event that more than twelve months elapse in which a flight operations or flight dispatcher has been out of the operations duties, the flight operations officer shall re-qualify in accordance with the Civil Aviation (Personnel Licensing) Regulations, 2022.

(10)

A flight operations officer shall not qualify in EDTO or other special operations authorised by the authority unless that flight operations officer submits special operations competency checks to the authority.

179. Line observations for flight operations officers

A person shall not serve nor shall any AOC holder use a person as a flight operations officer unless within the preceding twelve months before that service, that person has observed, in the cockpit, the conduct of two complete flights over routes representative of those for which that person is assigned duties

180. Company procedures indoctrination
(1)

A person shall not serve nor shall an AOC holder use a person as a crew member or flight operations officer unless that person has completed the company procedures indoctrination curriculum approved by the authority, which shall include a complete review of operations manual procedures pertinent to the crew member or the duties of the flight operation officer.

(2)

An AOC holder shall ensure that all operations personnel are provided with company indoctrination training that covers the following areas-

(a)

organisation, scope of operation and administrative practices of the AOC holder as applicable to crew member assignments and duties;

(b)

appropriate provisions of civil aviation regulations and other applicable regulations and guidance materials;

(c)

policies and procedures of the AOC holder;

(d)

applicable crew member manuals; and

(e)

appropriate portions of the operations manual of the AOC holder.

(3)

An AOC holder shall provide a minimum of forty hours of programmed instruction for basic indoctrination training unless a reduction of the hours of instruction is approved by the authority.

181. Recurrent training for flight operations officers
(1)

A person shall not serve nor shall an AOC holder use a person as a flight operations officer unless within the preceding twelve months that he or she has completed the recurrent ground curricula approved by the authority.

(2)

An AOC holder shall- (a) establish and maintain a recurrent training programme, approved by the authority and establish in the operations manual of the AOC holder, to be completed annually by each flight operations officer; (b) conduct all recurrent training, of flight operations officers, by suitably qualified personnel;

(c)

ensure that, every twelve months, each flight operations officer receives recurrent training in at least the following- (i) aircraft-specific flight preparation; (i) emergency assistance to flight crews; (ii) crew resource management; (iii) recognition and transportation of dangerous goods; and (iv) may administer each of the recurrent ground and flight training curricula concurrently or intermixed, but shall record completion of each of these curricula separately.

(3)

A flight operations officer shall undergo recurrent training relevant to the type or variant of aircraft and operations conducted by the AOC holder.

Part VII

182. Flight manual, Pilot's Operating Hand book or Owner's Manual
(1)

An operator shall ensure that a flight manual, pilot's operating hand book or owner's manual contains the information specified in Civil Aviation (Airworthiness of Aircraft) Regulations, 2022.

(2)

The flight manual pilot's operating hand book or owner's manual shall be updated by implementing changes made mandatory by the authority.

183. Operator's maintenance control manual An

operator's maintenance control manual provided in accordance with Civil Aviation (Air Operator Certification and Administration) Regulation, 2022 which may be issued in separate parts, shall contain the following information-

(a)

a description of the procedures required by Civil Aviation (Air Operator Certification and Administration) Regulations, 2022 including where applicable- (i) a description of the administrative arrangements between the operator and the approved maintenance organisation; and (ii) a description of the maintenance procedures and the procedures for completing and signing a maintenance release when maintenance is based on a system other than that of an approved maintenance organisation; (b) names and duties of the qualified person or persons required by the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022; (c) a reference to the maintenance programme required by Civil Aviation (Air Operator Certification and Administration) Regulations, 2022; (d) a description of the methods used for the completion and retention of the operator's continuing airworthiness records required by Civil Aviation (Air Operator Certification and Administration) Regulations, 2022; (e) a description of the procedures for monitoring, assessing and reporting maintenance and operational experience required by Civil Aviation (Air Operator Certification and Administration) Regulations, 2022; (f) a description of the procedures for complying with the service information reporting requirements of the Civil Aviation (Airworthiness of Aircraft) Regulations, 2022; (g) a description of procedures for assessing continuing airworthiness information and implementing any resulting actions, as required by Civil Aviation (Air Operator Certification and Administration) Regulations, 2022;

(h)

a description of the procedures for implementing action resulting from mandatory continuing airworthiness information; (i) a description of establishing and maintaining a system of analysis and continued monitoring of the performance and efficiency of the maintenance programme in order to correct any deficiency in that programme; (j) a description of aircraft types and models to which the manual applies; (k) a description of procedures for ensuring that unserviceabilities affecting airworthiness are recorded and rectified; and (l) a description of the procedures for advising the authority of significant in-service occurrences.

184. Maintenance programme
(1)

An operator shall ensure that maintenance programme for each aeroplane as required by the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022 shall contain the following information- (a) maintenance tasks and the intervals at which these are to be performed, taking into account the anticipated utilisation of the aeroplane; (b) where applicable, a continuing structural integrity programme; (c) procedures for changing or deviating from paragraphs (a) (b); and (d) when applicable, condition monitoring and reliability programme descriptions for aircraft systems, components and engines.

(2)

Maintenance tasks and intervals that have been specified as mandatory in approval of the type design shall be identified as such by the operator.

(3)

The maintenance programme shall be based on maintenance programme information made available by the State of design or by the organisation responsible for the type design, and any additional applicable experience.

(4)

Electronic Aircraft Maintenance Records (EAMR) may be used in accordance with the Civil Aviation (Approved Maintenance Organisation) Regulations, 2022 that address the existence and use of EAMR digital and other paperless forms of maintenance records.

185. Journey log book
(1)

An aeroplane journey log book shall contain the following items and the corresponding roman numerals- (a) aeroplane nationality and registration; (b) date; (c) names of crew members; (d) duty assignments of crew members; (e) place of departure; (f) dlace of arrival; (g) time of departure; (h) time of arrival; (i) hours of flight; (j) nature of flight -private, aerial work, scheduled or non- scheduled; and (k) incidents, observations, where any signature of person in charge.

(2)

Entries in the journey log book shall be made currently and in ink or indelible pencil.

(3)

A completed journey log book shall be retained to provide a continuous record of the last six months of operations.

186. Records of emergency and survival equipment carried
(1)

An operator shall at all times have available for immediate communication to rescue coordination centers, lists containing information on the emergency and survival equipment carried on board any aeroplane engaged in air navigation.

(2)

The information specified in subregulation (1) shall include, as applicable- (a) the number, colour and type of life rafts and pyrotechnics; (b) details of emergency medical supplies; (c) water supplies; and (d) the type and frequencies of the emergency portable radio equipment.

187. Portable electronic devices A PIC or

any other crew member shall not permit any person to use, nor shall any person use a portable electronic device on board an aircraft that may adversely affect the performance of aircraft systems and equipment unless (a) IFR operations other than commercial air transport, the PIC allows such a device prior to its use; (b) for commercial air transport operations, the AOC holder makes a determination of acceptable devices and publishes that information in the Operations Manual for the crew members use; and (c) the PIC informs passengers of the permitted use.

188. Flight recorder records

An operator shall ensure that (a) to the extent possible, in the event the aeroplane becomes involved in an accident or incident, the preservation of all related flight recorder records and, where necessary,

the associated flight recorders, and their retention in safe custody pending their disposition as determined in accordance with the Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2022; and (b) the requirements for flight recorders and their records specified in the Civil Aviation (Aircraft Instruments and Equipment) Regulations, 2022 are complied with.

Part VIII

189. Assignment of emergency duties
(1)

An operator shall establish, to the satisfaction of the authority, the minimum number of cabin crew required for each type of aeroplane, based on seating capacity or the number of passengers carried, in order to effect a safe and expeditious evacuation of the aeroplane, and the necessary functions to be performed in an emergency or a situation requiring emergency evacuation.

(2)

The operator shall assign the functions referred to in subregulation (1) for each type of aeroplane.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Assignment of emergency duties”.

“(1) An operator shall establish, to the satisfaction of the authority, the minimum number of cabin crew required for each type of aeroplane, based on seating capacity or the number of passengers carried, in order to effect a safe and expeditious evacuation of the aeroplane, and the necessary functions to be performed in an emergency or a situation requiring emergency evacuation.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) An operator shall establish, to the satisfaction of the authority, the minimum number of cabin crew required for each type of aeroplane, based on seating capacity or the number of passengers carried, in order to effect a safe and expeditious evacuation of the aeroplane, and the necessary functions to be performed in an emergency or a situation requiring emergency evacuation.
  2. (2) The operator shall assign the functions referred to in subregulation (1) for each type of aeroplane.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
190. Cabin crew at emergency evacuation stations A

cabin crew member assigned to emergency evacuation duties shall occupy a seat provided in accordance with the Civil Aviation (Aircraft Instruments and Equipment) Regulations, 2022 during take-off and landing and whenever the PIC so directs

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Cabin crew at emergency evacuation stations A”.

“cabin crew member assigned to emergency evacuation duties shall occupy a seat provided in accordance with the Civil Aviation (Aircraft Instruments and Equipment) Regulations, 2022 during take-off and landing and whenever the PIC so directs”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. cabin crew member assigned to emergency evacuation duties shall occupy a seat provided in accordance with the Civil Aviation (Aircraft Instruments and Equipment) Regulations, 2022 during take-off and landing and whenever the PIC so directs
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
191. Protection of cabin crew during flight

A cabin crew member shall be seated with a seat belt or, when provided, a safety harness fastened during take-off and landing and whenever the PIC so directs

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Protection of cabin crew during flight”.

“A cabin crew member shall be seated with a seat belt or, when provided, a safety harness fastened during take-off and landing and whenever the PIC so directs”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A cabin crew member shall be seated with a seat belt or, when provided, a safety harness fastened during take-off and landing and whenever the PIC so directs
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
192. Training
(1)

An operator shall establish and maintain a training programme, approved by the authority, to be completed by all persons before being assigned as a cabin crew member.

(2)

Cabin crew members shall complete a recurrent training programme every twelve months.

(3)

The training programs established under subregulation (1) shall ensure that each person is- (a) competent to execute those safety duties and functions which the cabin crew member is assigned to perform in the event of an emergency or in a situation requiring emergency evacuation; (b) drilled and capable in the use of emergency and life-saving equipment required to be carried, such as life jackets, life rafts, evacuation slides, emergency exits, portable fire extinguishers, oxygen equipment, first-aid and universal precaution kits, and automated external defibrillators; (c) when serving on aeroplanes operated above 3,000 m or 10,000 ft, knowledgeable as regards the effect of lack of oxygen and, in the case of pressurised aeroplanes, as regards physiological phenomena accompanying a loss of pressurization; (d) aware of other crew members' assignments and functions in the event of an emergency so far as is necessary for the fulfilment of the cabin crew member's own duties; (e) aware of the types of dangerous goods which may, or may not, be carried in a passenger cabin; and (f) knowledgeable about human performance as related to passenger cabin safety duties including flight crew-cabin crew coordination.

(4)

In the event that more than twelve months elapse in which a cabin crew member has been out of flying duties, that cabin crew member shall requalify in accordance with the Civil Aviation (Personnel Licensing) Regulations, 2022.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Training”.

“(1) An operator shall establish and maintain a training programme, approved by the authority, to be completed by all persons before being assigned as a cabin crew member.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) An operator shall establish and maintain a training programme, approved by the authority, to be completed by all persons before being assigned as a cabin crew member.
  2. (2) Cabin crew members shall complete a recurrent training programme every twelve months.
  3. (3) The training programs established under subregulation (1) shall ensure that each person is- (a) competent to execute those safety duties and functions which the cabin crew member is assigned to perform in the event of an emergency or in a situation requiring emergency evacuation; (b) drilled and capable in the use of emergency and life-saving equipment required to be carried, such as life jackets, life rafts, evacuation slides, emergency exits, portable fire extinguishers, oxygen equipment, first-aid and universal precaution kits, and automated external defibrillators; (c) when serving on aeroplanes operated above 3,000 m or 10,000 ft, knowledgeable as regards the effect of lack of oxygen and, in the case of pressurised aeroplanes, as regards physiological phenomena accompanying a loss of pressurization; (d) aware of other crew members' assignments and functions in the event of an emergency so far as is necessary for the fulfilment of the cabin crew member's own duties; (e) aware of the types of dangerous goods which may, or may not, be carried in a passenger cabin; and (f) knowledgeable about human performance as related to passenger cabin safety duties including flight crew-cabin crew coordination.
  4. (4) In the event that more than twelve months elapse in which a cabin crew member has been out of flying duties, that cabin crew member shall requalify in accordance with the Civil Aviation (Personnel Licensing) Regulations, 2022.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
193. Initial aircraft ground training for cabin crew members
(1)

A person shall not serve nor shall an AOC holder use a person as a cabin crew member unless that person has completed the initial ground training approved by the authority for the aircraft type.

(2)

Initial aircraft ground training for cabin crew members shall include the pertinent portions of the operations manuals relating to aircraft specific configuration, equipment, normal and emergency procedures for the aircraft types within the fleet.

(3)

An AOC holder shall have an initial ground training curriculum for cabin crew members applicable to the type of operations conducted and aircraft flown, including at least the following general subjects- (a) aircraft familiarisation- (i) aircraft characteristics and description; (ii) cockpit configuration; (iii) cabin configuration; (iv) galleys; (v) lavatories;and (vi) stowage areas; (b) aircraft equipment and furnishings- (i) cabin crew member stations; (ii) cabin crew member panels; (iii) passenger seats; (iv) passenger service units and convenience panels; (v) passenger information signs; (vi) aircraft markings; and

(vii)

aircraft placards; (c) aircraft systems- (i) air conditioning and pressurisation system; (ii) aircraft communication systems call, interphone and passenger address; (iii) lighting and electrical systems; (iv) oxygen systems flight crew, observer and passenger; and (v) water system; (d) aircraft exits- (i) general information; (ii) exits with slides or slide rafts for pre-flight and normal operation; (iii) exits without slides pre-flight and normal operations; and (iv) window exits; (e) crew member communication and coordination- (i) authority of PIC; (ii) routine communication signals and procedures; and (iii) crew member briefing; (f) routine crew member duties and procedures- (i) crew member general responsibilities; (ii) reporting duties and procedures for specific aircraft; (iii) pre-departure duties and procedures prior to passenger boarding;

(iv)

passenger boarding duties and procedures;

(v)

prior-to-movement-on-the-surface duties and procedures;

(vi)

prior-to-take-off duties and procedures applicable to specific aircraft;

(vii)

in-flight duties and procedures;

(viii)

prior-to-landing duties and procedures;

(ix)

movement on the surface and arrival duties and procedures;

(x)

after-arrival duties and procedures; and

(xi)

intermediate stops;

(g)

passenger handling responsibilities-

(i)

crew member general responsibilities;

(ii)

infants, children, and unaccompanied minors;

(iii)

passengers needing special assistance;

(iv)

passengers needing special accommodation;

(v)

carry-on stowage requirements;

(vi)

passenger seating requirements;

(vii)

smoking and no-smoking requirements and;

(viii)

approved Crew Resource Management (CRM) training. (4) An AOC holder shall have an initial ground training curriculum for cabin crew members applicable to the type of operations conducted and aircraft flown, including at least the following aircraft specific emergency subjects- (a) emergency equipment- (i) emergency communication and notification systems; (ii) aircraft exits; (iii) exits with slides or slide rafts, emergency operation; (iv) slides and slide rafts in a ditching; (v) exits without slides emergency operation; (vi) window exits emergency operation; (vii) exits with tail cones, emergency operation; (viii) cockpit exits emergency operation; (ix) ground evacuation and ditching equipment; (x) first-aid equipment; (xi) portable oxygen systems, oxygen bottles, chemical oxygen generators, protective breathing equipment; (xii) fire-fighting equipment; (xiii) emergency lighting systems; and (xiv) additional emergency equipment;

(b)

emergency assignments and procedures- (i) general types of emergencies specific to aircraft; (ii) emergency communication signals and procedures; (iii) rapid decompression; (iv) insidious decompression and cracked window and pressure seal leaks; (v) fires;

(vi)

ditching; (vii) ground evacuation; (viii) unwarranted evacuation for example, passenger initiated; (ix) illness or injury; (x) abnormal situations involving passengers or crew members; (xi) unlawful interference; (xii) bomb threat; (xiii) turbulence; (xiv) other unusual situations; and (xv) previous aircraft accidents and incidents;. (c) aircraft specific emergency drills- (i) emergency exit drill; (ii) hand fire extinguisher drill; (iii) emergency oxygen system drill; (iv) flotation device drill; (v) ditching drill, if applicable; (vi) life raft removal and inflation drill, if applicable; (vii) slide raft pack transfer drill, if applicable; (viii) slide or slide raft deployment, inflation, and detachment drill, where applicable; and (ix) emergency evacuation slide drill, where applicable.

(5)

An AOC holder shall ensure that initial ground training for cabin crew members includes a competence check to determine the ability of that person to perform assigned duties and responsibilities.

(6)

An AOC holder shall ensure that initial ground training for cabin crew members consists of at least the following programmed hours of instruction- (a) multi-engine turbine and jet and turbo-fan: thirty two hours; and (b) multi-engine reciprocating: sixty hours.

(7)

An operator shall ensure that a training programme is completed by all persons before being assigned as a cabin crew member.

(8)

Cabin crew members shall complete a recurrent training programme every twelve months.

(9)

The training programmes shall ensure that each person is- (a) competent to execute the safety duties and functions that the cabin crew is assigned to perform in the event of an emergency or in a situation requiring emergency evacuation; (b) drilled and capable in the use of emergency and life-saving equipment required to be carried, such as life jackets, life rafts, evacuation slides, emergency exits, portable fire extinguishers, oxygen equipment, first-aid and universal precaution kits and automated external defibrillators; (c) aware of other crew members' assignments and functions in the event of an emergency so far as is necessary for the fulfillment of the cabin crew member's own duties; (d) aware of the types of dangerous goods which may, and may not, be carried in a passenger cabin; and (e) knowledgeable about human performance as related to passenger cabin safety duties including flight crew-cabin crew coordination.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Initial aircraft ground training for cabin crew members”.

“(1) A person shall not serve nor shall an AOC holder use a person as a cabin crew member unless that person has completed the initial ground training approved by the authority for the aircraft type.”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Initial aircraft ground training for cabin crew members”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

28
  1. (1) A person shall not serve nor shall an AOC holder use a person as a cabin crew member unless that person has completed the initial ground training approved by the authority for the aircraft type.
  2. (2) Initial aircraft ground training for cabin crew members shall include the pertinent portions of the operations manuals relating to aircraft specific configuration, equipment, normal and emergency procedures for the aircraft types within the fleet.
  3. (3) An AOC holder shall have an initial ground training curriculum for cabin crew members applicable to the type of operations conducted and aircraft flown, including at least the following general subjects- (a) aircraft familiarisation- (i) aircraft characteristics and description; (ii) cockpit configuration; (iii) cabin configuration; (iv) galleys; (v) lavatories;and (vi) stowage areas; (b) aircraft equipment and furnishings- (i) cabin crew member stations; (ii) cabin crew member panels; (iii) passenger seats; (iv) passenger service units and convenience panels; (v) passenger information signs; (vi) aircraft markings; and
  4. (vii) aircraft placards; (c) aircraft systems- (i) air conditioning and pressurisation system; (ii) aircraft communication systems call, interphone and passenger address; (iii) lighting and electrical systems; (iv) oxygen systems flight crew, observer and passenger; and (v) water system; (d) aircraft exits- (i) general information; (ii) exits with slides or slide rafts for pre-flight and normal operation; (iii) exits without slides pre-flight and normal operations; and (iv) window exits; (e) crew member communication and coordination- (i) authority of PIC; (ii) routine communication signals and procedures; and (iii) crew member briefing; (f) routine crew member duties and procedures- (i) crew member general responsibilities; (ii) reporting duties and procedures for specific aircraft; (iii) pre-departure duties and procedures prior to passenger boarding;
  5. (iv) passenger boarding duties and procedures;
  6. (v) prior-to-movement-on-the-surface duties and procedures;
  7. (vi) prior-to-take-off duties and procedures applicable to specific aircraft;
  8. (vii) in-flight duties and procedures;

20 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
194. Differences training
(1)

Differences training shall be required to gain competence before the cabin crew member is assigned to duty on an aircraft that has differences from the model or series that the crew member is previously qualified on.

(2)

The training specified in subregulation (1), shall include the following as a minimum, as applicable to the particular aircraft- (a) exits (type, number, location and operation); (b) assisting evacuation means (slide, slide-raft, life raft, rope, etc.); (c) safety and emergency equipment, including location and operation; (d) aircraft systems relevant to cabin crew tasks; (e) normal procedures and the related hands-on or simulated exercises; (f) abnormal and emergency procedures and the related hands-on or simulated exercises; and (g) design-related elements that may impact on normal or emergency procedures such as stairs, smoke curtain, social areas, non-forward facing passenger seats, cargo areas if accessible from the passenger compartment during flight.

(3)

The training specified in subregulation (1) and the associated checking shall be accomplished through classroom instruction, computer-based training, as well as hands-on and simulated exercises with a representative training device capable of reproducing the appropriate environment or equipment characteristics, or on an actual aircraft.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Differences training”.

“(1) Differences training shall be required to gain competence before the cabin crew member is assigned to duty on an aircraft that has differences from the model or series that the crew member is previously qualified on.”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Differences training”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) Differences training shall be required to gain competence before the cabin crew member is assigned to duty on an aircraft that has differences from the model or series that the crew member is previously qualified on.
  2. (2) The training specified in subregulation (1), shall include the following as a minimum, as applicable to the particular aircraft- (a) exits (type, number, location and operation); (b) assisting evacuation means (slide, slide-raft, life raft, rope, etc.); (c) safety and emergency equipment, including location and operation; (d) aircraft systems relevant to cabin crew tasks; (e) normal procedures and the related hands-on or simulated exercises; (f) abnormal and emergency procedures and the related hands-on or simulated exercises; and (g) design-related elements that may impact on normal or emergency procedures such as stairs, smoke curtain, social areas, non-forward facing passenger seats, cargo areas if accessible from the passenger compartment during flight.
  3. (3) The training specified in subregulation (1) and the associated checking shall be accomplished through classroom instruction, computer-based training, as well as hands-on and simulated exercises with a representative training device capable of reproducing the appropriate environment or equipment characteristics, or on an actual aircraft.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
195. Competence checks for cabin crew members
(1)

A person shall not serve nor shall any AOC holder use a person as a cabin crew member unless, within the preceding twelve months before that service, that person has passed the competency check approved by the authority performing the emergency duties appropriate to that person's assignment.

(2)

Examiners shall conduct competency checks for cabin crew members to demonstrate that the proficiency level of the candidate is sufficient to successfully perform assigned duties and responsibilities.

(3)

A qualified supervisor or inspector approved by the authority shall observe and evaluate competency checks for cabin crew members.

(4)

Examiners shall include during each cabin crew member competency check a demonstrated knowledge of- (a) emergency equipment: emergency communication and notification systems- (i) aircraft exits; (ii) exits with slides or slide rafts emergency operation; (iii) slides and slide rafts in a ditching; (iv) exits without slides emergency operation; (v) window exits emergency operation; (vi) exits with tail cones emergency operation; (vii) cockpit exits emergency operation; (viii) ground evacuation and ditching equipment; (ix) first-aid equipment; (x) portable oxygen systems (oxygen bottles, chemical oxygen generators, protective breathing equipment or PBE; (xi) fire-fighting equipment; (xii) emergency lighting systems; and (xiii) additional emergency equipment; (b) emergency procedures- (i) general types of emergencies specific to aircraft; (ii) emergency communication signals and procedures; (iii) rapid decompression; (iv) insidious decompression and cracked window and pressure seal leaks; (v) fires; (vi) ditching; (vii) ground evacuation; (viii) unwarranted evacuation, for example that is passenger initiated; (ix) illness or injury; (x) abnormal situations involving passengers or crew members; (xi) turbulence; and (xii) other unusual situations; (c) emergency drills- (i) location and use of all emergency and safety equipment carried on the aircraft; (ii) the location and use of all types of exits;

(iii)

actual donning of a lifejacket where fitted; (iv) actual donning of protective breathing equipment; and (v) actual handling of fire extinguishers; (d) crew resource management- (i) decision making skills; (ii) briefings and developing open communication; (iii) inquiry, advocacy, and assertion training; and (iv) workload management; (e) dangerous goods- (i) recognition of and transportation of dangerous goods; (ii) proper packaging, marking, and documentation; and (iii) instructions regarding compatibility, loading, storage and handling characteristics; (f) security- (i) unlawful interference; and (ii) disruptive passengers.

(5)

An operator shall establish and maintain a cabin crew training programme that is designed to ensure that a person who receives training, acquires the competency to perform his or her assigned duties and includes or makes reference to a syllabus for the training programme in the operator's operations manual.

(6)

The training programme shall include Human Factors training.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Competence checks for cabin crew members”.

“(1) A person shall not serve nor shall any AOC holder use a person as a cabin crew member unless, within the preceding twelve months before that service, that person has passed the competency check approved by the authority performing the emergency duties appropriate to that person's assignment.”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Competence checks for cabin crew members”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (1) A person shall not serve nor shall any AOC holder use a person as a cabin crew member unless, within the preceding twelve months before that service, that person has passed the competency check approved by the authority performing the emergency duties appropriate to that person's assignment.
  2. (2) Examiners shall conduct competency checks for cabin crew members to demonstrate that the proficiency level of the candidate is sufficient to successfully perform assigned duties and responsibilities.
  3. (3) A qualified supervisor or inspector approved by the authority shall observe and evaluate competency checks for cabin crew members.
  4. (4) Examiners shall include during each cabin crew member competency check a demonstrated knowledge of- (a) emergency equipment: emergency communication and notification systems- (i) aircraft exits; (ii) exits with slides or slide rafts emergency operation; (iii) slides and slide rafts in a ditching; (iv) exits without slides emergency operation; (v) window exits emergency operation; (vi) exits with tail cones emergency operation; (vii) cockpit exits emergency operation; (viii) ground evacuation and ditching equipment; (ix) first-aid equipment; (x) portable oxygen systems (oxygen bottles, chemical oxygen generators, protective breathing equipment or PBE; (xi) fire-fighting equipment; (xii) emergency lighting systems; and (xiii) additional emergency equipment; (b) emergency procedures- (i) general types of emergencies specific to aircraft; (ii) emergency communication signals and procedures; (iii) rapid decompression; (iv) insidious decompression and cracked window and pressure seal leaks; (v) fires; (vi) ditching; (vii) ground evacuation; (viii) unwarranted evacuation, for example that is passenger initiated; (ix) illness or injury; (x) abnormal situations involving passengers or crew members; (xi) turbulence; and (xii) other unusual situations; (c) emergency drills- (i) location and use of all emergency and safety equipment carried on the aircraft; (ii) the location and use of all types of exits;
  5. (iii) actual donning of a lifejacket where fitted; (iv) actual donning of protective breathing equipment; and (v) actual handling of fire extinguishers; (d) crew resource management- (i) decision making skills; (ii) briefings and developing open communication; (iii) inquiry, advocacy, and assertion training; and (iv) workload management; (e) dangerous goods- (i) recognition of and transportation of dangerous goods; (ii) proper packaging, marking, and documentation; and (iii) instructions regarding compatibility, loading, storage and handling characteristics; (f) security- (i) unlawful interference; and (ii) disruptive passengers.
  6. (5) An operator shall establish and maintain a cabin crew training programme that is designed to ensure that a person who receives training, acquires the competency to perform his or her assigned duties and includes or makes reference to a syllabus for the training programme in the operator's operations manual.
  7. (6) The training programme shall include Human Factors training.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
196. Arming of automatic emergency exits

A person shall not cause an aircraft carrying passengers to be moved on the surface, take-off or land unless each automatically deployable emergency evacuation assisting means installed on the aircraft is ready for evacuation.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Arming of automatic emergency exits”.

“A person shall not cause an aircraft carrying passengers to be moved on the surface, take-off or land unless each automatically deployable emergency evacuation assisting means installed on the aircraft is ready for evacuation.”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Arming of automatic emergency exits”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A person shall not cause an aircraft carrying passengers to be moved on the surface, take-off or land unless each automatically deployable emergency evacuation assisting means installed on the aircraft is ready for evacuation.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
197. Accessibility of emergency exits and equipment

A person shall not allow carry-on baggage or other items to block access to the emergency exits when the aircraft is moving on the surface, during take-off or landing, or while passengers remain on board

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Accessibility of emergency exits and equipment”.

“A person shall not allow carry-on baggage or other items to block access to the emergency exits when the aircraft is moving on the surface, during take-off or landing, or while passengers remain on board”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A person shall not allow carry-on baggage or other items to block access to the emergency exits when the aircraft is moving on the surface, during take-off or landing, or while passengers remain on board
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
198. Stops where passengers remain on board
(1)

A PIC shall ensure that where passengers remain on board the aircraft- (a) all engines are shut down; (b) at least one floor level exit remains open to provide for the evacuation of passengers where necessary; and (c) there is at least one person who is qualified in the emergency evacuation of the aircraft and who has been identified to the passengers on board as responsible for the passenger safety is immediately available.

(2)

When refuelling with passengers on board, the PIC or a designated representative of the AOC holder shall ensure that the operations manual procedures of the AOC holder are followed.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Stops where passengers remain on board”.

“(1) A PIC shall ensure that where passengers remain on board the aircraft- (a) all engines are shut down; (b) at least one floor level exit remains open to provide for the evacuation of passengers where necessary; and (c) there is at least one person who is qualified in the emergency evacuation of the aircraft and who has been identified to the passengers on board as responsible for the passenger safety is immediately available.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) A PIC shall ensure that where passengers remain on board the aircraft- (a) all engines are shut down; (b) at least one floor level exit remains open to provide for the evacuation of passengers where necessary; and (c) there is at least one person who is qualified in the emergency evacuation of the aircraft and who has been identified to the passengers on board as responsible for the passenger safety is immediately available.
  2. (2) When refuelling with passengers on board, the PIC or a designated representative of the AOC holder shall ensure that the operations manual procedures of the AOC holder are followed.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
199. Familisation flight for Cabin crew
(1)

A person training as a cabin crew member shall- (a) perform the functions of a cabin crew member for a minimum of two flights under the supervision of either a cabin crew instructor, in-charge cabin crew member, or line checker; (b) complete the familiarisation flight training within a period not exceeding ninety days of fulfilling the requirements of the ground and skills training portion of the operator's training programme; and (c) not serve or form part of the required minimum operating cabin crew member.

(2)

Familiarisation flight training shall form part of the training record for each cabin crew member.

(3)

Familiarisation flight training shall include the following, as a minimum- (a) cabin crew tasks as determined by the operator including, but not limited to- (i) pre-flight and post-flight tasks such as participation in briefings, conducting pre-flight checks, reviewing documentation; (ii) a review of abnormal and emergency situations, associated procedures, safety and emergency equipment; and (iii) normal operations, safety and security-related procedures; (b) cabin crew stations for take-off and landing such as seating assignments for persons conducting the familiarisation flights and for the cabin crew trainees; (c) familiarisation flight and for the cabin crew trainees; and (d) crew communication procedures including the use of interphone and public address system.

(4)

An AOC holder shall define situations which may prompt the termination of a familiarisation flight training and these situations may include but not limited to the following- (a) any abnormal or emergency situation;

(b)

any situation involving acts of unlawful interference; (c) an incapacitation of the person who conducts the familiarisation flight; or (d) any other situation preventing the cabin crew trainee from completing the familiarisation flight training.

(5)

The authority may authorise- (a) a familiarisation flight to be conducted as part of a revenue flight with passengers on board; or (b) a familiarisation flight to be conducted for group familiarisation flights during non-revenue flights.

(6)

Where a new start-up AOC holder does not have personnel qualified and authorised to conduct familiarisation flights, the AOC holder shall establish a criteria acceptable to the authority for an appropriate supervision on and special procedures for the conduct of familiarisation flight training for the purpose of initial certification.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Familisation flight for Cabin crew”.

“(1) A person training as a cabin crew member shall- (a) perform the functions of a cabin crew member for a minimum of two flights under the supervision of either a cabin crew instructor, in-charge cabin crew member, or line checker; (b) complete the familiarisation flight training within a period”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (1) A person training as a cabin crew member shall- (a) perform the functions of a cabin crew member for a minimum of two flights under the supervision of either a cabin crew instructor, in-charge cabin crew member, or line checker; (b) complete the familiarisation flight training within a period not exceeding ninety days of fulfilling the requirements of the ground and skills training portion of the operator's training programme; and (c) not serve or form part of the required minimum operating cabin crew member.
  2. (2) Familiarisation flight training shall form part of the training record for each cabin crew member.
  3. (3) Familiarisation flight training shall include the following, as a minimum- (a) cabin crew tasks as determined by the operator including, but not limited to- (i) pre-flight and post-flight tasks such as participation in briefings, conducting pre-flight checks, reviewing documentation; (ii) a review of abnormal and emergency situations, associated procedures, safety and emergency equipment; and (iii) normal operations, safety and security-related procedures; (b) cabin crew stations for take-off and landing such as seating assignments for persons conducting the familiarisation flights and for the cabin crew trainees; (c) familiarisation flight and for the cabin crew trainees; and (d) crew communication procedures including the use of interphone and public address system.
  4. (4) An AOC holder shall define situations which may prompt the termination of a familiarisation flight training and these situations may include but not limited to the following- (a) any abnormal or emergency situation;
  5. (b) any situation involving acts of unlawful interference; (c) an incapacitation of the person who conducts the familiarisation flight; or (d) any other situation preventing the cabin crew trainee from completing the familiarisation flight training.
  6. (5) The authority may authorise- (a) a familiarisation flight to be conducted as part of a revenue flight with passengers on board; or (b) a familiarisation flight to be conducted for group familiarisation flights during non-revenue flights.
  7. (6) Where a new start-up AOC holder does not have personnel qualified and authorised to conduct familiarisation flights, the AOC holder shall establish a criteria acceptable to the authority for an appropriate supervision on and special procedures for the conduct of familiarisation flight training for the purpose of initial certification.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
200. Recurrent training for cabin crew members
(1)

An operator shall ensure that- (a) a cabin crew member undergoes recurrent training, covering the actions assigned to each cabin crew member in normal and emergency procedures and drills relevant to the type or variant of aircraft on which they operate as specified in this regulation; and (b) the recurrent training and checking programme, approved by the authority includes theoretical and practical instruction together with individual practice as provided in this regulation.

(2)

The period of validity of recurrent training and the associated checking required by this regulation shall be twelve months in addition to the remainder of three months of issue. (3) Where issued within the final three calendar months of validity of a previous check, the period of validity shall extend from the date of issue until twelve months from the expiry date of that previous check.

(4)

An operator shall ensure that- (a) recurrent training required under this regulation is conducted by suitably qualified persons; (b) that every twelve months, the programme of practical training includes the following- (i) emergency procedures including pilot incapacitation; (ii) evacuation procedures including crowd control techniques; (iii) touch-drills by each cabin crew member for opening normal and emergency exists for passenger evacuation; (iv) the location and handling of emergency equipment, including oxygen systems, and the donning by each cabin crew member of lifejackets, portable oxygen and protective breathing equipment; (v) first aid and the contents of the first aid kit; (vi) stowage of articles in the cabin; (vii) security procedures; (viii) incident and accident review; and (ix) crew resource management; (c) at intervals not exceeding three years, recurrent training for cabin crew members includes-- (i) the operation and actual opening of all normal and emergency exits for passenger evacuation in an aeroplane or representative training device;

(ii)

demonstration of the operation of all other exits including cock pit windows; and (iii) the training of cabin crew member undergoing realistic and practical training in the use of all fire- fighting equipment, including protective clothing, representative of that carried in the aeroplane shall include- (aa) each cabin crew member extinguishing a fire characteristic of an aeroplane interior fire except that, in the case of Halon extinguishers, an alternative extinguishing agent may be used; and (bb) the donning and use of protective breathing equipment or PBE by each cabin crew member in an enclosed, simulated smoke- filled environment; (iv) use of pyrotechnics, actual or representative devices; and (v) demonstration of the use of the life-raft or slide-raft, where fitted; and (d) all appropriate requirements in these Regulations are included in the training of cabin crew members.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Recurrent training for cabin crew members”.

“(1) An operator shall ensure that- (a) a cabin crew member undergoes recurrent training, covering the actions assigned to each cabin crew member in normal and emergency procedures and drills relevant to the type or variant of aircraft on which they operate as specified in this regulation; and (b) the recurrent training and checking programme, approved by the authority includes theoretical and practical instruction together with individual practice as provided in this regulation.”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Recurrent training for cabin crew members”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) An operator shall ensure that- (a) a cabin crew member undergoes recurrent training, covering the actions assigned to each cabin crew member in normal and emergency procedures and drills relevant to the type or variant of aircraft on which they operate as specified in this regulation; and (b) the recurrent training and checking programme, approved by the authority includes theoretical and practical instruction together with individual practice as provided in this regulation.
  2. (2) The period of validity of recurrent training and the associated checking required by this regulation shall be twelve months in addition to the remainder of three months of issue. (3) Where issued within the final three calendar months of validity of a previous check, the period of validity shall extend from the date of issue until twelve months from the expiry date of that previous check.
  3. (4) An operator shall ensure that- (a) recurrent training required under this regulation is conducted by suitably qualified persons; (b) that every twelve months, the programme of practical training includes the following- (i) emergency procedures including pilot incapacitation; (ii) evacuation procedures including crowd control techniques; (iii) touch-drills by each cabin crew member for opening normal and emergency exists for passenger evacuation; (iv) the location and handling of emergency equipment, including oxygen systems, and the donning by each cabin crew member of lifejackets, portable oxygen and protective breathing equipment; (v) first aid and the contents of the first aid kit; (vi) stowage of articles in the cabin; (vii) security procedures; (viii) incident and accident review; and (ix) crew resource management; (c) at intervals not exceeding three years, recurrent training for cabin crew members includes-- (i) the operation and actual opening of all normal and emergency exits for passenger evacuation in an aeroplane or representative training device;
  4. (ii) demonstration of the operation of all other exits including cock pit windows; and (iii) the training of cabin crew member undergoing realistic and practical training in the use of all fire- fighting equipment, including protective clothing, representative of that carried in the aeroplane shall include- (aa) each cabin crew member extinguishing a fire characteristic of an aeroplane interior fire except that, in the case of Halon extinguishers, an alternative extinguishing agent may be used; and (bb) the donning and use of protective breathing equipment or PBE by each cabin crew member in an enclosed, simulated smoke- filled environment; (iv) use of pyrotechnics, actual or representative devices; and (v) demonstration of the use of the life-raft or slide-raft, where fitted; and (d) all appropriate requirements in these Regulations are included in the training of cabin crew members.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part IX

201. Security of the flight crew compartment
(1)

In all aeroplanes which are equipped with a flight crew compartment door, the flight crew compartment door shall be capable of being locked and means shall be provided by which cabin crew can discreetly notify the flight crew in the event of suspicious activity or security breaches in the cabin.

(2)

All passenger-carrying aeroplanes- (a) of a maximum certificated take-off mass in excess of 54,500 kilograms; (b) of a maximum certificated take-off mass in excess of 45,500 kilograms with a passenger seating capacity greater than nineteen; or (c) with a passenger seating capacity greater than sixty, shall be equipped with an approved flight crew compartment door that is designed to resist penetration by small arms fire and grenade shrapnel, and to resist forcible intrusions by unauthorised persons, and the door shall be capable of being locked and unlocked from either station of the pilot.

(3)

In all aeroplanes which are equipped with a flight crew compartment door in accordance with subregulation (2)- (a) the door shall be closed and locked from the time all external doors are closed following embarkation until any such door is opened for disembarkation, except when necessary to permit access and egress by authorised persons; and (b) means shall be provided for monitoring from either pilot's station the entire door area outside the flight crew compartment to identify persons requesting entry and to detect suspicious behavior or potential threat.

(4)

All passenger-carrying aeroplanes shall be equipped with an approved flight crew compartment door, where practicable, that is designed to resist penetration by small arms fire and grenade shrapnel, and to resist forcible intrusions by unauthorised persons., and the door shall be capable of being locked and unlocked from either station of the pilot. (5) In all aeroplanes which are equipped with a flight crew compartment door in accordance with subregulation (4)-

(a)

the door shall be closed and locked from the time all external doors are closed following embarkation until the door is opened for disembarkation, except when necessary to permit access and egress by authorised persons; and (b) means shall be provided for monitoring from either station of the pilot of the entire door area outside the flight crew compartment to identify persons requesting entry and to detect suspicious behaviour or potential threat.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Security of the flight crew compartment”.

“(1) In all aeroplanes which are equipped with a flight crew compartment door, the flight crew compartment door shall be capable of being locked and means shall be provided by which cabin crew can discreetly notify the flight crew in the event of suspicious activity or security breaches in the cabin.”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Security of the flight crew compartment”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) In all aeroplanes which are equipped with a flight crew compartment door, the flight crew compartment door shall be capable of being locked and means shall be provided by which cabin crew can discreetly notify the flight crew in the event of suspicious activity or security breaches in the cabin.
  2. (2) All passenger-carrying aeroplanes- (a) of a maximum certificated take-off mass in excess of 54,500 kilograms; (b) of a maximum certificated take-off mass in excess of 45,500 kilograms with a passenger seating capacity greater than nineteen; or (c) with a passenger seating capacity greater than sixty, shall be equipped with an approved flight crew compartment door that is designed to resist penetration by small arms fire and grenade shrapnel, and to resist forcible intrusions by unauthorised persons, and the door shall be capable of being locked and unlocked from either station of the pilot.
  3. (3) In all aeroplanes which are equipped with a flight crew compartment door in accordance with subregulation (2)- (a) the door shall be closed and locked from the time all external doors are closed following embarkation until any such door is opened for disembarkation, except when necessary to permit access and egress by authorised persons; and (b) means shall be provided for monitoring from either pilot's station the entire door area outside the flight crew compartment to identify persons requesting entry and to detect suspicious behavior or potential threat.
  4. (4) All passenger-carrying aeroplanes shall be equipped with an approved flight crew compartment door, where practicable, that is designed to resist penetration by small arms fire and grenade shrapnel, and to resist forcible intrusions by unauthorised persons., and the door shall be capable of being locked and unlocked from either station of the pilot. (5) In all aeroplanes which are equipped with a flight crew compartment door in accordance with subregulation (4)-
  5. (a) the door shall be closed and locked from the time all external doors are closed following embarkation until the door is opened for disembarkation, except when necessary to permit access and egress by authorised persons; and (b) means shall be provided for monitoring from either station of the pilot of the entire door area outside the flight crew compartment to identify persons requesting entry and to detect suspicious behaviour or potential threat.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
202. Aeroplane search procedure checklist
(1)

An operator shall ensure that there is on board a checklist of the procedures to be followed in searching for a bomb in case of suspected sabotage and for inspecting aeroplanes for concealed weapons, explosives or other dangerous devices when a well-founded suspicion exists that the aeroplane may be the object of an act of unlawful interference.

(2)

The checklist shall be supported by guidance on the appropriate course of action to be taken should a bomb or suspicious object be found and information on the least-risk bomb location specific to the aeroplane.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Procedural rule

This section establishes the governing procedure for “Aeroplane search procedure checklist”.

“(1) An operator shall ensure that there is on board a checklist of the procedures to be followed in searching for a bomb in case of suspected sabotage and for inspecting aeroplanes for concealed weapons, explosives or other dangerous devices when a well-founded suspicion exists that the aeroplane may be the object of an act of unlawful interference.”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) An operator shall ensure that there is on board a checklist of the procedures to be followed in searching for a bomb in case of suspected sabotage and for inspecting aeroplanes for concealed weapons, explosives or other dangerous devices when a well-founded suspicion exists that the aeroplane may be the object of an act of unlawful interference.
  2. (2) The checklist shall be supported by guidance on the appropriate course of action to be taken should a bomb or suspicious object be found and information on the least-risk bomb location specific to the aeroplane.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
203. Training programmes
(1)

An operator shall establish and maintain an approved security training programme which ensures crew members act in the most appropriate manner to minimise the consequences of acts of unlawful interference.

(2)

As a minimum, approved security training programme shall include the following elements- (a) determination of the seriousness of any occurrence; (b) crew communication and coordination; (c) appropriate self-defense responses; (d) use of non-lethal protective devices assigned to crew members whose use is authorised by the authority; (e) understanding of behaviour of terrorists so as to facilitate the ability of crew members to cope with hijacker behaviour and passenger responses; (f) live situational training exercises regarding various threat conditions; (g) flight crew compartment procedures to protect the aeroplane; and (h) aeroplane search procedures and guidance on least-risk bomb locations where practicable.

(3)

An operator shall establish and maintain a training programme to acquaint appropriate employees with preventive measures and techniques in relation to passengers, baggage, cargo, mail, equipment, stores and supplies intended for carriage on an aeroplane so that they contribute to the prevention of acts of sabotage or other forms of unlawful interference.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Training programmes”.

“(1) An operator shall establish and maintain an approved security training programme which ensures crew members act in the most appropriate manner to minimise the consequences of acts of unlawful interference.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) An operator shall establish and maintain an approved security training programme which ensures crew members act in the most appropriate manner to minimise the consequences of acts of unlawful interference.
  2. (2) As a minimum, approved security training programme shall include the following elements- (a) determination of the seriousness of any occurrence; (b) crew communication and coordination; (c) appropriate self-defense responses; (d) use of non-lethal protective devices assigned to crew members whose use is authorised by the authority; (e) understanding of behaviour of terrorists so as to facilitate the ability of crew members to cope with hijacker behaviour and passenger responses; (f) live situational training exercises regarding various threat conditions; (g) flight crew compartment procedures to protect the aeroplane; and (h) aeroplane search procedures and guidance on least-risk bomb locations where practicable.
  3. (3) An operator shall establish and maintain a training programme to acquaint appropriate employees with preventive measures and techniques in relation to passengers, baggage, cargo, mail, equipment, stores and supplies intended for carriage on an aeroplane so that they contribute to the prevention of acts of sabotage or other forms of unlawful interference.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
204. Reporting acts of unlawful interference Following

an act of unlawful interference, the PIC shall submit, without delay, a report of such an act to the designated local authority

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Reporting acts of unlawful interference Following”.

“an act of unlawful interference, the PIC shall submit, without delay, a report of such an act to the designated local authority”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. an act of unlawful interference, the PIC shall submit, without delay, a report of such an act to the designated local authority
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
205. Provisions for stowing of weapons
(1)

Specialised means of attenuating and directing the blast shall be provided for use at the least-risk bomb location.

(2)

Where the operator accepts the carriage of weapons removed from passengers, the aeroplane shall have provision for stowing the weapons so as to be inaccessible to any person during flight time.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Provisions for stowing of weapons”.

“(1) Specialised means of attenuating and directing the blast shall be provided for use at the least-risk bomb location.”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Provisions for stowing of weapons”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) Specialised means of attenuating and directing the blast shall be provided for use at the least-risk bomb location.
  2. (2) Where the operator accepts the carriage of weapons removed from passengers, the aeroplane shall have provision for stowing the weapons so as to be inaccessible to any person during flight time.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part X

206. Carriage of dangerous goods by air

An operator with or without a specific approval to transport dangerous goods by air shall comply with the requirements for the safe transport of dangerous goods by air as specified in the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022 and the Civil Aviation (Safe Transport of Dangerous Goods by Air) Regulations, 2022.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Carriage of dangerous goods by air”.

“An operator with or without a specific approval to transport dangerous goods by air shall comply with the requirements for the safe transport of dangerous goods by air as specified in the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022 and the Civil Aviation (Safe Transport of Dangerous Goods by Air) Regulations, 2022.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. An operator with or without a specific approval to transport dangerous goods by air shall comply with the requirements for the safe transport of dangerous goods by air as specified in the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022 and the Civil Aviation (Safe Transport of Dangerous Goods by Air) Regulations, 2022.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
207. Cargo compartment safety

An operator shall not operate an aeroplane unless he or she complies with the requirements for cargo compartment safety as specified in the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Cargo compartment safety”.

“An operator shall not operate an aeroplane unless he or she complies with the requirements for cargo compartment safety as specified in the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. An operator shall not operate an aeroplane unless he or she complies with the requirements for cargo compartment safety as specified in the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part VII

129. General licensing specifications for RPL

The text of this section isn't in the consolidation we hold — see the original PDF above.

130. Eligibility requirements for RPL

The text of this section isn't in the consolidation we hold — see the original PDF above.

131. Category ratings for RPL

The text of this section isn't in the consolidation we hold — see the original PDF above.

132. Class and type ratings for RPL

The text of this section isn't in the consolidation we hold — see the original PDF above.

133. Circumstances in which class and type ratings are required

The text of this section isn't in the consolidation we hold — see the original PDF above.

134. Requirements for issue of class and type ratings for RPL

The text of this section isn't in the consolidation we hold — see the original PDF above.

135. Use of FSTD for acquisition of

experience and demonstration of competencies

136. Circumstances under which pilot licence training is required

The text of this section isn't in the consolidation we hold — see the original PDF above.

137. Crediting of UAS flight time

The text of this section isn't in the consolidation we hold — see the original PDF above.

138. Limitation of privileges of remote pilots

who attain their 60th birthday and curtailment of privileges of remote pilots who attain their 65th birthday

Student Remote Pilot

139. Student remote pilot licence

The text of this section isn't in the consolidation we hold — see the original PDF above.

140. Medical fitness

Regulation

Remote Pilot Licence

141. General knowledge and skill requirements for issue of RPL

The text of this section isn't in the consolidation we hold — see the original PDF above.

142. Privileges of holder of RPL and conditions to be observed in

exercising privileges

143. Specific experience requirements for issuance of RPL

UAS Instructor Rating

144. Knowledge requirements for issue of UAS instructor rating

The text of this section isn't in the consolidation we hold — see the original PDF above.

145. Skill and experience requirements for UAS instructor rating

The text of this section isn't in the consolidation we hold — see the original PDF above.

146. RPL training

The text of this section isn't in the consolidation we hold — see the original PDF above.

147. Privileges of holder of UAS instructor

rating and conditions to be observed in exercising privileges

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Privileges of holder of UAS instructor”.

“rating and conditions to be observed in exercising privileges”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Privileges of holder of UAS instructor”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part VIII

148. General Requirements for Flight Engineer Licence

The text of this section isn't in the consolidation we hold — see the original PDF above.

149. Requirements for issue of Flight Engineer Licence

The text of this section isn't in the consolidation we hold — see the original PDF above.

150. Knowledge and skill requirements for Flight Engineer Licence

The text of this section isn't in the consolidation we hold — see the original PDF above.

151. Privileges and limitations of Flight Engineer Licence

The text of this section isn't in the consolidation we hold — see the original PDF above.

152. Renewal of Flight Engineer Licence

Flight Radiotelephony Operator Endorsement or Authorisation

153. Requirements for Flight Radiotelephony Operator privileges

The text of this section isn't in the consolidation we hold — see the original PDF above.

154. Skill and knowledge requirements for Flight Radiotelephony

Operator privileges

155. Privileges of Flight Radiotelephony Operator

The text of this section isn't in the consolidation we hold — see the original PDF above.

156. Validity of a Flight Radiotelephony Operator endorsement or

authorisation

Regulation

Part II

4. Licences and certifications
(1)

The authority may issue licences, certificates or authorisations to the following personnel- (a) flight crew including- (i) student pilot; (ii) private pilot-aeroplane, airship, helicopter or powered-lift; (iii) commercial pilot-aeroplane, airship, helicopter or powered-lift; (iv) multi-crew pilot-aeroplane; (v) airline transport pilot-aeroplane, helicopter or powered-lift; (vi) glider pilot; (vii) free balloon pilot; (viii) flight navigator; (ix) flight engineer; and (x) remote pilot, airship, glider, rotorcraft, powered-lift or free balloon.

(b)

other personnel including- (i) aircraft maintenance engineer; (ii) air traffic controller; (iii) flight operations officer or flight dispatcher; (iv) flight radio telephony operator;

(v)

aeronautical station operator; (vi) ground instructor; and (vii) cabin crew member.

(2)

Personnel licences issued by the authority shall conform to the specifications prescribed in Schedule 2 to these Regulations.

5. Ratings
(1)

The authority may issue the following ratings for pilots-

(a)

category ratings for- (i) aeroplane; (ii) rotorcraft; (iii) glider; (iv) free balloon; (v) powered-lift; and (vi) airship of a volume of more than 4600 cubic metres;

(b)

class ratings for the following aeroplanes- (i) single-engine, land; (ii) single-engine, sea; (iii) multi-engine, land; and (iv) multi-engine, sea;

(c)

class ratings for the following rotorcraft- (i) helicopters; and (ii) gyroplane;

(d)

class ratings for the following lighter than-air aircraft- (i) airship; and (ii) free balloon;

(e)

type ratings for the following aircraft- (i) aircraft certificated for at least two pilots; (ii) any aircraft considered necessary by the authority; (iii) helicopters certificated for single pilot operations and which have comparable handling, performance and other characteristics; and (iv) powered-lift category;

(f)

instrument ratings in the following aircraft- (i) instrument - single engine aeroplane; (ii) instrument - multi engine aeroplane; (iii) instrument - single engine helicopter; and (iv) instrument - multi engine helicopter;

(g)

night rating;

(h)

flight instructor rating; and

(i)

ground instructor ratings, including- (i) basic; (ii) advanced; and (iii) instrument.

(2)

Where the holder of a Pilot Licence seeks a licence for an additional category of aircraft, the authority shall issue the licence holder with an additional Pilot Licence for the new category rating in accordance with subregulation (1) and any other requirements in these Regulations.

(3)

For the powered lift category- (a) the authority may endorse a type rating for aircraft of the powered-lift category on an aeroplane or helicopter pilot licence, provided that the applicant meets the training requirements prescribed in regulation 66, 74 and 90 respectively; and (b) the endorsement of the rating on the licence shall indicate that the aircraft is part of the powered-lift category.

(4)

The holder of a Pilot Licence seeking additional category rating shall meet the requirements of these Regulations appropriate to the privileges for which the category rating is sought.

(5)

Where an applicant demonstrates skill and knowledge for the initial issue of a Pilot Licence, the category and ratings appropriate to the class or type of aircraft used in the demonstration shall be entered on the licence.

(6)

Any additional category rating endorsed on a Pilot Licence, shall indicate the level of licencing privileges at which the category rating is granted.

(7)

The authority may place the category, class or type rating on a Pilot Licence when issuing the licence, provided that the rating reflects the appropriate category, class or type of aircraft used to demonstrate skill and knowledge for its issue and that the aircraft type is registered in Uganda.

(8)

The authority may issue the following ratings for flight engineers- (a) reciprocating engine powered, including type rating; (b) turbo propeller powered, including type rating; and (c) turbojet powered, including type rating.

(9)

The authority may issue the following ratings for air traffic controllers- (a) aerodrome control rating; (b) approach control procedural rating; (c) approach control surveillance rating; (d) approach precision radar control rating; (e) area control procedural rating; and (f) area control surveillance rating.

(10)

Subject to subregulation (4), the authority may issue the following categories without type ratings for an Aircraft Maintenance Engineer Licence - (i) Category A; (ii) Category B1; (iii) Category B2; and (iv) Category C.

(11)

Subject to regulation (4) of these Regulations, the authority may issue the specific or group type rating for an Aircraft Maintenance Engineer Licence which may be granted for the following specific aircraft or engines- (a) A1 and B1.1-Fixed Wing -Aeroplane Turbine; (b) A2 and B1.2 -Fixed wing -Aeroplane Piston; (c) A3 and B1.3-HelicoptersTurbine; (d) A4 and B1.4-Helicopters Piston; and (e) B2 Avionics - fitted to all aircraft.

6. Authorisations and designations
(1)

The authority may issue the following authorisations- (a) flight engineer instructor; (b) type rating instructor; (c) cabin crew member instructor; and (d) cabin crew member examiner.

(2)

The authority may issue the following authorisations for classes of aviation repair specialists- (a) propellers; (b) computers; (c) instruments; (d) accessories; (e) components; (f) welding; (g) non-destructive testing; and (h) any other authorisation determined by the authority.

(3)

The authority may designate appropriately qualified personnel to conduct examinations for purposes of licensing, certification, authorisations and approvals.

7. Circumstances in which class and type ratings are required
(1)

A holder of a Pilot Licence shall not act either as PIC or as co-pilot of an aeroplane, airship, helicopter or powered-lift unless the holder has received authorisation as follows- (a) the appropriate class rating specified in regulation 5(1)(b); or

(b)

a type rating where required in accordance with the provisions of regulation 5(1) (e).

(2)

Where a type rating is issued limiting the privileges to act as co-pilot or limiting the privileges to act as pilot only during the cruise phase of the flight, the limitation shall be endorsed on the rating.

(3)

For the purpose of training, testing or specific special purpose non-revenue or non-passenger carrying flights, special authorisation for a pilot may be provided in writing to the licence holder by the authority in place of issuing the class or type rating in accordance with subregulation (1).

(4)

Subject to subregulation (3), authorisation shall be limited in validity to the time needed to complete the specific flight.

8. Flight and remote flight crew member
(1)

A person shall not perform the functions of a flight crew member of an aircraft or a remote flight crew member of a remotely piloted aircraft system unless he or she holds a valid licence issued by the authority showing compliance with the requirements of these Regulations and appropriate to the duties to be performed by that person.

(2)

All flight crew members and remote flight crew members shall carry their appropriate licences on board every aircraft engaged in international and domestic operations.

9. Method of rendering licence valid
(1)

The authority may render valid a licence issued by another State as an alternative to the issuance of its own licence.

(2)

The authority shall, before rendering a licence valid under subregulation (1), carry out verification and issue a certificate of validation to the applicant.

(3)

The certificate of validation referred to in subregulation (2) shall be carried along with the foreign licence accepting it as the equivalent of a licence issued under these Regulations.

(4)

Where the authority limits the authorisation to specific privileges, the certificate of validation shall specify the privileges of the licence which shall be accepted as its equivalent.

(5)

The duration of the validation shall not extend beyond the period of validity of the licence.

(6)

The authorisation shall cease to be valid where the licence upon which it was issued is revoked or suspended by the issuing State.

10. Rendering licence valid pursuant to formal agreement

between contracting States under common licensing regulations (1) Notwithstanding regulation 9, the authority may automatically render valid a licence issued by another State, provided that Uganda and the issuing State have- (a) adopted common licensing regulations; (b) entered into a formal agreement recognising the automatic validation process; (c) established a surveillance system to ensure the continuing implementation of the common licensing regulations; and (d) registered the agreement with ICAO in accordance with Article 83 of the Convention on International Civil Aviation.

(2)

An endorsement shall appear on every licence rendered valid under subregulation (1), indicating that the licence is automatically validated under the agreement quoting the ICAO registration number and including a list of all States that are party to the agreement. (3) For the purposes of this regulation, common licensing regulations refer to a common licensing regulatory framework that-

(a)

is legally binding and directly applicable to the State parties to the agreement recognising the automatic validation process; and

(b)

contains identical requirements for licence issuance, maintenance of competency and recent experience.

11. Privileges of holder of licence

The authority shall not permit the holder of a licence to exercise privileges other than those granted by the licence

12. Medical fitness
(1)

An applicant for a licence shall, where applicable, hold a Medical Assessment Certificate issued in accordance with Part X of these Regulations.

(2)

The authority shall apply, as part of the State safety programme, basic safety management principles to the medical assessment process of licence holders, that shall include-

(a)

routine analysis of in-flight incapacitation events and medical findings during medical assessments to identify areas of increased medical risk; and (b) continuous re-evaluation of the medical assessment process to concentrate on identified areas of increased medical risk.

(3)

The authority shall implement appropriate aviation-related health promotion for licence holders subject to a medical assessment to reduce future medical risks to flight safety.

(4)

For applicants under 40 years of age, the authority shall, at its discretion, allow medical examiners to omit certain routine examination items related to the assessment of physical fitness, while increasing the emphasis on health education and prevention of ill health.

13. Validity of medical assessment
(1)

The period of validity of a medical assessment shall begin on the day on which the medical examination is performed.

(2)

The duration of the period of validity of a medical assessment shall be in accordance with regulation 19(7) and may be extended, at the discretion of the authority, up to 45 days.

(3)

The day on which the medical assessment expires shall remain constant by allowing the expiry date of the current medical assessment to be the beginning of the new validity period, provided that the medical examination takes place within 45 days before the expiry of the current medical assessment.

(4)

Except as provided in regulation 20(1), a flight crew member, remote flight crew member or an air traffic controller shall not exercise the privileges of his or her licence unless he or she holds a valid medical assessment certificate of fitness appropriate to the licence.

(5)

The authority shall designate medical examiners, qualified and licensed in the practice of medicine, to conduct medical examinations of fitness for applicants for the issue or renewal of the licences.

(6)

A medical examiner shall not be designated as such unless he or she has been trained in aviation medicine and has demonstrated adequate competency in aviation medicine.

(7)

A medical examiner designated under this regulation shall receive refresher training at regular intervals.

(8)

A medical examiner shall have practical knowledge and experience of the conditions in which the holders of licences and ratings carry out their duties.

(9)

The competence of a medical examiner shall be evaluated periodically by the medical assessor.

(10)

The period of validity of a medical assessment may be reduced where clinically indicated.

14. Application requirements for medical examination
(1)

An applicant for a licence or rating for which medical fitness is required shall sign and furnish to the medical examiner a declaration stating whether they have previously undergone such an examination and, if so, the date, place and result of the last examination.

(2)

An applicant for a licence shall indicate to the examiner whether his or her medical assessment has previously been refused, revoked or suspended and, if so, the reason for the refusal, revocation or suspension.

(3)

Any false declaration to a medical examiner made by an applicant for a licence or rating shall be reported to the authority for appropriate action.

15. Medical reports
(1)

A medical examiner shall, upon completion of the medical examination of the applicant, coordinate the results of the examination and submit a signed report or equivalent document to the authority, detailing the results of the examination and evaluation of the findings with regard to medical fitness.

(2)

Where the medical report is submitted to the authority in electronic format, adequate identification of the examiner shall be established.

(3)

The authority shall, where the medical examination is carried out by two or more medical examiners, appoint one of the medical examiners to be responsible for coordinating the results of the examination, evaluating the findings with regard to medical fitness and signing the report.

16. Medical report audits
(1)

The authority shall use the services of a medical assessor to evaluate reports submitted to the authority by the medical examiners.

(2)

A medical examiner shall submit sufficient information to the authority to enable the authority to undertake medical assessment audits.

(3)

The authority shall carry out an audit to ensure that the medical examiners meet applicable standards for good medical practice and aeromedical risk assessment.

17. Failure to meet medical requirements

Where the medical requirements for a particular licence under Part X of these Regulations are not met, the appropriate medical certificate shall not be issued or renewed unless the following conditions are fulfilled (a) accredited medical conclusion indicates that in special circumstances, the applicant's failure to meet any requirement, whether numerical or otherwise, is such that, exercise of the privileges of the licence applied for is not likely to jeopardise flight safety;

(b)

relevant ability, skill and experience of the applicant and operational conditions have been given due consideration; and (c) the licence is endorsed with any special limitation or limitations when the safe performance of the licence holder's duties is dependent on compliance with such limitation.

18. Confidentiality of report
(1)

The authority shall keep a medical report received from a medical examiner confidential at all times.

(2)

The authority shall securely keep all medical reports and records with accessibility restricted to authorised personnel.

(3)

Where justified by operational considerations, a medical assessor shall determine the extent to which pertinent medical information shall be presented to relevant officials of the authority.

19. Validity of licence
(1)

A holder of a licence shall not exercise the privileges granted by the licence, or by related ratings, unless he or she maintains competency and meets the requirements for recent experience established by the authority.

(2)

Where a licence was issued by another contracting State, the authority shall confirm the validity of the licence.

(3)

The authority shall establish and maintain competency and recent experience requirements for pilot licences and ratings based on a systematic approach to accident prevention and shall include a risk assessment process and analysis of current operations, including accident and incident data.

(4)

The maintenance of competency of flight crew members or remote flight crew member engaged in commercial air transport operations may be satisfactorily established by demonstration of skill during proficiency flight checks completed in accordance with the Civil Aviation (Operation of Aircraft-Commercial Air Transport Aeroplane) Regulations 2022.

(5)

Maintenance of competency shall be recorded in the operator's records and in the personal logbook of a flight crew member or remote flight crew member.

(6)

A flight crew member or a remote flight crew member may, in lieu of maintaining competency in an aircraft, demonstrate continuing competency in synthetic flight training devices approved by the authority.

(7)

A report of medical fitness obtained in accordance with these Regulations shall be valid from the date of the medical examination for a period not greater than-

(a)

twenty four months for a Private Pilot Licence (PPL) for aeroplanes;

(b)

twenty-four months for a Private Pilot Licence (PPL) for helicopters or gyroplanes;

(c)

twenty-four months for a Private Pilot Licence (PPL) for airships or balloons;

(d)

twenty-four months for a Private Pilot Licence (PPL) for gliders;

(e)

twelve months for a Commercial Pilot Licence (CPL) for aeroplanes;

(f)

twelve months for a Commercial Pilot Licence (CPL) for helicopters or gyroplanes;

(g)

twelve months for a Commercial Pilot Licence (CPL) for airships or balloons;

(h)

twelve months for an Airline Transport Pilot Licence (ATPL) for aeroplanes;

(i)

twelve months for a Multi-crew Pilot Licence (MPL) for aeroplanes which are engaged in commercial air transport operations, but where a holder of a licence has passed his or her 60th birthday, the period of validity specified in this regulation shall be reduced to six month;

(j)

twelve months for an Airline Transport Pilot Licence (ATPL) for helicopters;

(k)

twelve months for a Flight Engineer Licence;

(l)

twenty four months for an Air Traffic Controller Licence;

(m)

twelve months for a Cabin Crew Certificate; and

(n)

twenty four months for a Remote Pilot Licence.

(8)

The period of validity of a medical assessment may be reduced when clinically indicated.

(9)

Where a holder of an Airline Transport Pilot Licence for an aeroplane, helicopter, powered-lift and commercial pilot licence for aeroplane, airship, balloon, helicopter and powered-lift, and multi crew pilot licences - aeroplane engaged in commercial air transport operations has passed his or her 40th birthday, the period of validity specified in subregulation (7) shall be reduced to 6 months.

(10)

Where a holder of a PPL for aeroplane, airship, helicopter, powered lift, free balloon pilot licence, glider pilot licence and air traffic controller licence has passed his or her 40th birthday, the period of validity specified in subregulation (7) shall be reduced to twelve months.

(11)

Subject to regulation 3 (3) where a holder of private pilot licence for aeroplane, airship, helicopter, powered-lift, free balloon pilot licence, glider pilot licence, remote pilot licence and air traffic controller licence has passed his or her 40th birthday, the period of validity specified in subregulation (7) shall be reduced to twelve months.

(12)

A licence or certificate issued by the authority shall not be valid unless the holder of the licence or certificate has signed his or her name on the licence or certificate in ink with the holder's signature.

20. Circumstances in which medical examination may be

deferred (1) The re-examination of a licence holder operating in an area distant from designated medical examination facilities may be deferred at the discretion of the authority, provided that the deferment shall only be made as an exception and shall not exceed- (a) a single period of 6 months, in the case of a flight crew member of an aircraft engaged in non-commercial operations; (b) two consecutive periods each of three months in the case of a flight crew member of an aircraft engaged in commercial operations; provided that in each case a favorable medical report is obtained after examination by a designated medical examiner of the area concerned; (c) in the case of a private pilot licence, a single period not exceeding twelve months where the medical examination is carried out by an examiner designated by the authority in which the applicant is temporarily located; and (d) two consecutive periods each of three months in case of a remote flight crew member.

(2)

Before a deferral is granted under subregulation (1) (b) and (c), a report of the medical examination shall be submitted to the authority for the licence to be renewed.

21. Decrease in medical fitness
(1)

A holder of a licence provided for in these Regulations shall not exercise the privileges of the licence and related rating at any time when he or she is aware of any decrease in his or her medical fitness which might render the holder unable to safely and properly exercise the privileges.

(2)

A holder of a licence shall inform the authority of confirmed pregnancy or any decrease in medical fitness of duration of more than twenty days or which requires continued treatment with prescribed medication or which requires hospital treatment.

(3)

A holder of a licence shall not exercise the privileges of the license and related rating during a period in which his or her medical fitness has from any cause, decreased from an extent that would have prevented the issue or renewal of his or her medical certificate.

(4)

The authority shall suspend the medical certificate of a holder of a licence during any period in which the authority becomes aware that the licence holder's medical fitness has, from any cause, decreased to an extent that would have prevented the issue or renewal of the licence holder's medical certificate.

(5)

The suspension referred to in subregulation (4) shall continue until the end of the period of the decrease in medical fitness, or until the expiration of the medical certificate, whichever comes first.

(6)

In the event of an accident or incident, the holder of a licence shall be required to undergo a medical assessment to determine medical fitness.

22. Extension of validity of medical certificate The period of validity of a medical certificate may be extended at the discretion of

the authority, up to 45 days

23. Use of psychoactive substances
(1)

A holder of a licence issued under these Regulations shall not exercise the privileges of his or her licence and related ratings while under the influence of any psychoactive substance which might render him or her unable to safely and properly exercise the privileges.

(2)

A holder of a licence issued under these Regulations shall not engage in any problematic use of substance and where found shall be removed from his or her safety critical functions.

(3)

The authority may, after successful treatment and medical assessment or where no treatment is necessary, after cessation of the problematic use of substances and upon determination that the licence holder's continued performance of the function is unlikely to endanger safety, consider return of the licence holder to the safety critical functions.

(4)

A flight engineer and glider and free balloons pilots shall have the ability to speak and understand the language used for radiotelephony communications.

(5)

A flight navigator required to use the radio telephone aboard an aircraft shall demonstrate the ability to speak and understand the language used for radio telephony communications.

(6)

The language proficiency of aeroplane, airship, helicopter and powered-lift pilots, aeroplane, airship, glider, rotorcraft, poweredlift or free balloon remote pilots, air traffic controllers, flight operations officers or dispatchers, ground instructors and aeronautical station operators who demonstrate proficiency below the expert level (Level 6) shall be formally evaluated at intervals in accordance with an individual's demonstrated proficiency level.

24. Approved training and approved training organisations
(1)

Approved training shall provide a level of competency at least equal to that provided by the minimum experience requirements for personnel not receiving such approved training.

(2)

Approved training for flight crew and air traffic controllers shall be conducted within an approved training organisation.

(3)

An approved training organisation shall conduct competency-based approved training for- (a) aircraft maintenance personnel; (b) remote flight crew member;

(c)

flight operations officer or flight dispatch personnel; and (d) crew member.

25. English language proficiency
(1)

A holder of the following licence who is required to use the radio telephone aboard an aircraft shall demonstrate the ability to speak and understand the English language to the level specified in the language proficiency requirements as provided in Schedule 3 to these Regulations- (a) aeroplane, airship, helicopter and powered-lift pilot licence; (b) aeroplane, airship, glider, rotorcraft, powered-lift pilot or free balloon remote pilots; (c) air traffic controllers; (d) aeronautical station operators; (e) ground instructors; (f) flight operations officers or dispatchers; (g) flight engineers; (h) flight navigators; and (i) all remote pilots.

(2)

Licensed personnel specified in subregulation (1) who demonstrate language proficiency below the expert level (Level 6) shall be evaluated at intervals in accordance with an individual's demonstrated proficiency level as follows- (a) those demonstrating language proficiency at the operational level (Level 4) shall be evaluated once every three years; and (b) those demonstrating language proficiency at the extended level (level 5) shall be evaluated once every six years.

26. Duration of licences, certificates, ratings and

authorisations (1) The authority shall issue licences with a specific expiry date except as specifically provided by these Regulations.

(2)

Except for an aviation repair specialist authorisation, all authorisations and ratings issued under these Regulations shall be valid for the term issued by the authority but in any case not more than twelve months.

(3)

An aviation repair specialist authorisation issued on the basis of employment with a specified employer, shall be valid for the term of employment of the aviation repair specialist with the employer.

(4)

SPL shall be valid- (a) for a holder who is less than forty years of age, from the date on which the licence is issued or renewed by the authority for a period of the remainder of the twenty four months validity of the holder's medical certificate; or

(b)

for a holder who is forty years of age or more, from the date on which the licence is issued or renewed by the authority for a period of the remainder of the twelve months validity of the holder's medical certificate.

(5)

A PPL with an aeroplane or rotorcraft or glider category rating shall be valid-

(a)

for a holder who is less than forty years of age, from the date on which the licence is issued or renewed by the authority for a period of the remainder of the twenty four months validity of the holder's medical certificate; or

(b)

for a holder who is forty years of age or more, from the date on which the licence is issued or renewed by the authority for a period of the remainder of the twelve months validity of the holder's medical certificate.

(6)

A CPL with an aeroplane or rotorcraft category rating shall be valid-

(a)

for a holder who is less than forty years of age, from the date on which the licence is issued or renewed by the authority for a period of the remainder of the twelve months validity of the holder's medical certificate; or

(b)

for a holder who is forty years of age or more, from the date on which the licence is issued or renewed by the authority for a period of the remainder of the six months validity of the holder's medical certificate.

(7)

An Airline Transport Pilot Licence (ATPL) with an aeroplane or rotorcraft category rating shall be valid-

(a)

for a holder who is less than forty years of age, from the date on which the licence is issued or renewed by the authority, for a period of the remainder of the twelve month validity of the holder's medical certificate; or

(b)

for a holder who is forty years of age or more, from the date on which the licence is issued or renewed by the authority for a period of the remainder of the six months validity of the holder's medical certificate.

(8)

An instrument rating is valid for a period of twelve months from the date of the initial or renewal flight test.

(9)

A night rating is valid for a period of twelve months from the date of the initial issue or renewal of the rating.

(10)

A FEL is valid from the date on which the licence is issued or renewed by the authority for a period of the remainder of the twelvemonth validity of the holder's medical certificate.

(11)

A Flight Radiotelephony Operator Licence is valid for a period of twenty-four months from the date of issue or renewal.

(12)

A flight operation officer or flight dispatcher licence is valid for a period of twenty-four months from the date of issue or renewal.

(13)

A cabin crew member certificate is valid for twelve months from the date of issue or renewal.

(14)

An AMEL is valid for a period of twenty-four months from the date of issue or renewal.

(15)

A flight instructor rating is valid for a period of twelve months from the date of the instructor flight test or renewal.

(16)

A ground instructor licence is valid for a period of twenty four months from the date of issue or renewal.

(17)

An ATCL shall, in the case of a holder who is- (a) less than forty years of age, be valid from the date on which the licence is issued or renewed for a period of the remainder of twenty four months validity of the holder's medical certificate; or (b) forty years of age or more, be valid from the date on which the licence is issued or renewed for a period of the remainder of twelve months validity of the holder's medical certificate.

Part III

27. General requirements for validation
(1)

A person who holds a current and valid pilot licence issued by another contracting State may apply to the authority and be issued with a validation certificate of the licence for use on an aircraft registered in Uganda.

(2)

The applicant for a validation certificate referred to in subregulation (1) shall present to the authority-

(a)

the foreign licence and evidence of the experience required by presenting the record in his or her personal flying logbook;

(b)

evidence that he or she holds a current medical certificate issued by the contracting State; and

(c)

evidence of language proficiency in English as specified in Schedule 3 to these Regulations or demonstrate to the authority the English language proficiency skills.

(3)

The authority may accept a foreign medical certificate with the validation certificate, provided that the medical certification requirements on which the foreign medical certificate issued meet the requirements of these Regulations, relevant to the licence held.

(4)

The authority shall verify the authenticity of the licence, ratings and the medical certificate by contacting the State that issued the licence prior to the issuance of the validation certificate.

(5)

The authority may issue a validation certificate which shall be valid for three months provided that the foreign licence, ratings and the medical certificate remain valid.

28. Validation certificate with PPL privileges

Subject to the requirements of regulation 26, the applicant for a validation certificate with PPL privileges shall have a foreign licence with at least PPL privileges

29. Validation certificate with PPL/IR, CPL, CPL/IR, MPL

ATPL or FE privileges (1) Subject to the requirements in regulation 19(7), an applicant for a validation certificate for either a PPL/IR, CPL, CPL/IR, MPL, ATPL or FE privileges, shall have the relevant foreign licence and meet the following requirements- (a) except for ferry flight, test flight or as the authority may determine, demonstrate to the satisfaction of the authority and relevant to the licence to be validated, knowledge of- (i) air law; (ii) meteorology; (iii) operational procedures; and (iv) radiotelephony; (b) where the authority finds it necessary, the applicant may undergo a skills test for the relevant licence and ratings sought to be validated, relevant to the privileges of the licence held. (2) The authority shall not place upon a certificate of validation, privileges beyond those granted by a foreign licence.

(3)

An applicant for a certificate of validation may use only one foreign licence as a basis for obtaining a certificate of validation.

(4)

A person who receives a certificate of validation under this regulation shall- (a) be limited to the privileges placed on the certificate; (b) be subject to the limitations and restrictions on the certificate and foreign licence, when exercising the privileges of the certificate in an aircraft registered in Uganda; and

(c)

not exercise the privileges of the certificate when his or her foreign licence has been revoked and suspended.

30. Recognition of military or former military flight crew

qualifications (1) Except for a rated military, former military pilot or flight engineer who has been removed from flying status for lack of proficiency or because of disciplinary action involving aircraft operations, a rated military, former military pilot or flight engineer who meets the requirements of this regulation may apply, on the basis of the pilot's or flight engineer's military training and aeronautical experience for- (a) PPL, CPL or FEL; (b) an aircraft rating in the category and class of aircraft for which the military pilot or flight engineer is qualified; (c) an instrument rating with the appropriate aircraft rating for which the military pilot is qualified; or (d) a type rating.

(2)

The authority may issue to a rated military, former military pilot or flight engineer an aircraft category, class or type rating to a flight crew if the flight crew presents documentary evidence that shows satisfactory accomplishment of-

(a)

a military pilot and instrument proficiency check of Uganda in the aircraft type he or she is rated within twelve months preceding the date of application;

(b)

at least 10 hours of PIC time in the aircraft category, class or type, if applicable, within the 12 months preceding the date of application;

(c)

a military flight engineer proficiency checks in the aircraft type the flight engineer is rated within 12 months preceding the date of application; and

(d)

at least 10 hours of flight time in the aircraft type the flight engineer is rated within 12 months preceding the date of application.

(3)

A rated military pilot or former rated military pilot may apply for an aeroplane or helicopter instrument rating to be added to the pilot's CPL if the pilot has, within the 12 months preceding the date of application-

(a)

passed an instrument proficiency check by the military in the aircraft category and class for the instrument rating sought; and

(b)

received authorisation from the military to conduct instrument flight rules flights on airways in the aircraft category and class for the instrument rating sought.

(4)

The authority shall issue an aircraft type rating only for aircraft types that the authority has certified for civil operations and are registered in Uganda. (5) The authority may accept the following documents as satisfactory evidence of military pilot or flight engineer status- (a) an official identification card issued to the pilot or flight engineer by a military force to demonstrate service in the military; (b) an original or a copy of a certificate of discharge or release from the military; (c) at least one of the following- (i) an order of military flight status as a military pilot or flight engineer; or (ii) an order showing that the applicant graduated from a pilot or flight engineer school and received a rating as a military pilot or flight engineer;

(d)

a certified military logbook or form showing military pilot and flight engineer status and a summary to demonstrate flight time in military aircraft; (e) an official record of a military designation as pilot in command; or (f) an official record of satisfactory accomplishment of an instrument proficiency check within the twelve months before the date of the application.

31. Conversion of Foreign Pilot Licence
(1)

A person who holds a current pilot licence, issued by another contracting State may apply and be issued an equivalent licence with the appropriate ratings, if he or she- (a) has a licence which is not under an order of revocation or suspension by the State that issued the licence; (b) meets all the ICAO standards for that licence; (c) holds a valid medical certificate issued by the contracting state that issued the licence; and (d) demonstrates the ability to read, speak, write and understand the English language in accordance with the language proficiency requirements specified in Schedule 2 of these Regulations.

(2)

An applicant for a pilot licence under this regulation shall submit his or her licence and medical certificate in the English language or accompanied by an English language translation that has been signed by an official or representative of the foreign authority that issued the licence.

(3)

The applicant shall meet the applicable aeronautical experience requirements.

(4)

In addition to the requirements of subregulations (1), (2) and (3), the applicant is required to pass-

(a)

for ATPL or MPL- (i) the class 1 medical certificate; (ii) the composite paper comprising of law, meteorology, aircraft general knowledge, flight planning, radio aids, navigation, flight performance and planning, human performance, operational procedures, principles of flight and radio telephony knowledge; and (iii) an initial instrument rating flight test;

(b)

for CPL-

(i)

an examination for the class 1 medical certificate;

(ii)

the composite paper comprising of air law, meteorology, aircraft general knowledge, flight planning, radio aids, navigation, flight performance and planning, human performance, operational procedures, principles of flight and radiotelephony knowledge; and

(iii)

the initial instrument rating flight test if the rating is to be included in the licence;

(c)

for PPL- (i) an examination for the class 2 medical certificate; and (ii) the composite paper comprising of air law, meteorology, aircraft general knowledge, flight planning, radio aids, navigation, flight performance and planning, human performance, operational procedures, principles of flight and radiotelephony knowledge and meteorology;

(d)

for lighter-than-air, the requirements in paragraph (b); or

(c)

as appropriate, except for medical certificate which shall be Class 2.

(5)

An applicant for a CPL, ATPL or MPL shall not be eligible for grant of a licence unless there is included in the licence an aircraft type rating for either pilot-in-command or co-pilot respectively.

(6)

The authority may transfer a type rating from a foreign licence for the purpose of conversion of CPL or ATPL or MPL provided- (a) the aircraft type is endorsed on a foreign licence; (b) the pilot is current on the aircraft type; and (c) the type of aircraft is registered in Uganda.

(7)

An applicant for conversion who fails the knowledge test in three consecutive attempts shall be disqualified for further testing until a period of one month has elapsed from the date on which the last test was done.

(8)

The authority shall prescribe the minimum passing grade for the knowledge test.

(6)

The applicant shall be required to have passed the composite paper for conversion of a foreign licence with in a period of six months preceding the date of the application for the licence.

(7)

The authority shall verify the authenticity of the foreign licence, ratings and authorisations presented for conversion with the state of issuance.

32. Conversion of Flight Engineer Licence
(1)

A person who holds a current FEL issued by another contracting State may apply and be issued with an equivalent licence with the appropriate ratings, if he or she-

(a)

has a licence which is not under an order of revocation or suspension by the State that issued the licence; (b) holds a licence which meets all the requirements of these Regulations for that licence; (c) holds a valid medical certificate class 1 issued by the Contracting State that issued the licence; and (d) demonstrates the ability to read, speak, write and understand the English language in accordance with the language proficiency requirements contained in Schedule

3. (2) An applicant for a FEL

pursuant to this regulation shall submit the licence and medical certificate in the English language or accompanied by an English language translation that has been signed by an official or representative of the foreign authority that issued that licence (3) The applicant shall meet the applicable aeronautical experience requirements.

(4)

In addition to the requirements of subregulations (1), (2) and (3), the applicant shall be required to pass- (a) an examination for the Medical Certificate Class 1; and (b) the composite paper comprising of Uganda air law, meteorology, aircraft general knowledge, flight performance and planning, human performance, operational procedures, principles of flight and radiotelephony.

(5)

The authority may transfer a type rating from a foreign licence for the purpose of conversion of FEL if- (a) the aircraft type is endorsed on a foreign licence;

(b)

the flight engineer is current on the aircraft type; and (c) the type of aircraft is registered in Uganda.

(6)

The applicant for conversion who fails the knowledge test in three consecutive attempts shall be disqualified for further testing until a period of one month has elapsed from the date on which the last test was done.

(7)

The authority shall prescribe the minimum passing grade for the knowledge test.

(8)

The applicant shall be required to have passed the composite paper for conversion of a foreign licence with in a period of six months preceding the date of the application for the licence.

(9)

The authority shall verify the authenticity of the foreign licence, ratings and authorisations presented for conversion with the State of issuance.

Part IV

33. Validation of AMEL
(1)

A person who holds a current and valid Aircraft Maintenance Engineer Licence (AMEL) issued by another contracting State may apply for and may be issued a certificate of validation with the appropriate rating, if the applicant-

(a)

holds a licence which is not under an order of revocation or suspension by the country that issued the licence;

(b)

holds a licence that does not contain an endorsement stating that he or she has not met all the requirements for the licence; and

(c)

does not currently hold a licence issued by the authority.

(2)

The authority may place upon a certificate of validation privileges not beyond those granted by a foreign licence.

(3)

A person who receives a certificate of validation under this regulation shall- (a) be limited to the privileges placed on the certificate; (b) be subject to the limitations and restrictions on the certificate and the foreign AMEL when exercising the privileges of the certificate on an aircraft registered in Uganda; and (c) not exercise the privileges of the certificate where the person's foreign licence has been revoked or suspended.

(4)

An applicant for a certificate of validation shall present to the authority the foreign licence, evidence of the experience required and a valid record. (5) The certificate of validation shall be valid for a maximum of 6 months provided the foreign licence or in the case of a continuing licence, the rating remains valid. (6) An applicant for a certificate of validation shall pass a knowledge test in air law relevant to the licence to be validated.

(7)

The authority shall verify the authenticity of the foreign licence, ratings and authorisations presented for validation with the State of issuance.

34. Conversion of foreign AMEL
(1)

A person who holds a current AMEL issued by another contracting State may apply and be issued an equivalent licence with the appropriate ratings, if he or she-

(a)

has a licence which is not under an order of revocation or suspension by the country that issued the licence; and

(b)

holds a licence which meets all the requirements of these Regulations for the licence.

(2)

An applicant for an AMEL under this regulation shall submit the licence in the English language or accompanied by an English language translation that has been signed by an official or representative of the foreign authority that issued the licence.

(3)

The applicant shall meet the applicable aeronautical experience requirements specified under these Regulations.

(4)

In addition to the requirements of subregulations (1), (2) and (3) the applicant shall pass a knowledge test in-

(a)

air law; (b) applicable airworthiness requirements governing certification and continuing airworthiness; (c) approved maintenance organisations regulations and procedures; and (d) human factor.

(5)

The authority may transfer a type rating from a foreign licence for the purpose of conversion of AMEL where- (a) the aircraft type is endorsed on a foreign licence; (b) the applicant is current on the aircraft type; and (c) the type of aircraft is registered in Uganda.

(6)

An applicant for conversion who fails the knowledge test in three consecutive attempts shall be disqualified for further testing until after a proven practical experience of one month is gained.

(7)

The authority shall prescribe the minimum passing grade for the knowledge test.

(8)

The applicant shall be required to have passed the air law and composite paper for conversion of a foreign licence within a period of six months preceding the date of the application for the licence.

35. Recognition of military aircraft maintenance personnel

qualifications (1) Military aircraft maintenance personnel may apply to the authority for issue of AMEL without type rating on the basis of their military training and aeronautical experience.

(2)

The application referred to in subregulation (1) shall be accompanied by- (a) a certificate of discharge from military service;

(b)

evidence of experience of six years in aircraft maintenance of which six months of recency experience must have been acquired within the twelve months preceding the application; and

(c)

a certificate, diploma or such other document showing proof of training in aircraft maintenance.

(3)

Where the authority is satisfied that the applicant meets the requirements in subregulation (2), the authority shall require the applicant to demonstrate the knowledge and skill requirements for AMEL stipulated in these Regulations.

Part V

36. Knowledge test prerequisites and passing grades
(1)

An applicant for a knowledge test shall-

(a)

submit to the authority an endorsement from an authorised instructor certifying that the applicant has accomplished a ground training required by these Regulations for the licence or rating sought and is prepared for the knowledge test; and (b) present proper identification at the time of taking the test including the applicant's- (i) photograph; (ii) name; (iii) signature; (iv) date of birth, which shows that the applicant meets or will meet the age requirements of these Regulations for the licence sought before the expiry date of the applicant's knowledge test report; and (v) mailing address.

(2)

The authority shall specify the minimum passing grade for the knowledge test.

(3)

The validity of the knowledge test results for an applicant for a pilot licence shall be as follows- (a) for PPL - twelve months after passing the test; (b) for CPL - eighteen months after passing the test; (c) for ATPL - five years after passing the test; (d) for MPL - five years after passing the test; and (e) for RPL - twelve months after passing the test.

37. Prerequisites for practical tests for flight crew
(1)

To be eligible for a practical test, an applicant shall have passed the require knowledge examinations for the licence or rating sought.

(2)

Where an applicant for a practical test does not-

(a)

complete all increments of a practical test for a licence or rating in one day, he or she shall complete all remaining increments of the test not more than sixty days after that date; and (b) satisfactorily complete all increments of the practical test for a licence or a rating within sixty days after beginning the test, that applicant shall retake the entire practical test, including those increments satisfactorily completed.

(3)

Except as provided in subregulation (4), to be eligible for a practical test for a licence or rating issued under these Regulations, an applicant for a practical test shall- (a) pass the required knowledge test for the type rating within 6 months preceding the month the applicant completes the practical test;

(b)

present the knowledge test report at the time of application for the practical test, if a knowledge test is required;

(c)

have satisfactorily accomplished the required training and obtained the aeronautical experience prescribed by these Regulations for the licence or rating sought;

(d)

meet the prescribed age requirement of these Regulations for the issue of the licence or rating sought; and

(e)

have an endorsement in the applicant's logbook or training record that has been signed by an authorised instructor who certifies that the applicant-

(i)

has received and logged training time within sixty days preceding the date of application in preparation for the practical test;

(ii)

is prepared for the required practical test; and

(iii)

has demonstrated satisfactory knowledge of the subject areas in which the applicant was deficient on the knowledge test.

(4)

An applicant for an ATPL may take the practical test for the licence within two years of the expiration of a knowledge test, provided the applicant-

(a)

has been continuously employed as a flight crew member by an Air Operator Certificate (AOC) holder from the time the knowledge test expired; and

(b)

has satisfactorily accomplished the AOC holder's approved-

(i)

pilot-in-command aircraft qualification training programme that is appropriate to the licence; and

(ii)

qualification training requirements appropriate to the licence and rating sought.

38. General requirements for practical tests for flight crew
(1)

The ability of an applicant for a practical test to hold a pilot licence or rating shall be determined based upon the applicant's ability to safely, during a practical test- (a) perform the tasks specified in the areas of operation for the licence or rating sought within the prescribed standards; (b) demonstrate mastery of the aircraft with the successful outcome of each task regarding- (i) PPL and CPL tests; and (ii) ATPL and aircraft type rating tests. (c) demonstrate sound judgement; and

(d)

demonstrate single-pilot competence where the aircraft is type certified for single-pilot operations.

(2)

An applicant who fails any area of operation shall have failed the practical test and is not eligible for a licence or rating sought.

(3)

The examiner or the applicant may discontinue a practical test at any time- (a) where the applicant fails one or more of the areas of operation; or (b) due to severe weather conditions, aircraft airworthiness concerns or any other safety-of-flight concern.

(4)

Where a practical test is discontinued, the authority may give the applicant credit for the areas of operation already passed, but only if the applicant-

(a)

passes the remainder of the practical test within the sixty- day period after the date the practical test was begun;

(b)

presents to the examiner for the retest, the original test report or the discontinuance form prescribed by the authority, as appropriate; and

(c)

satisfactorily accomplishes any additional training needed and obtains the appropriate instructor endorsements, if additional training is required.

(5)

The validity of the practical test results for applicants for a pilot licence and type rating shall be six months after passing the test.

39. Required aircraft and equipment for practical tests
(1)

Except where permitted to accomplish the entire flight increment of the practical test in an approved flight simulator, an applicant for a licence or rating issued under these Regulations shall provide an aircraft registered in Uganda for each required test that-

(a)

is of the category, class and type applicable to the licence or rating sought; and (b) has a certificate of airworthiness

(2)

An applicant for a practical test shall use an aircraft that has- (a) the equipment for each area of operation required for the practical test; (b) no prescribed operating limitations that prohibit the aircraft's use in any of the areas of operation required for the practical test; (c) except as provided in subregulation (5), at least two pilot stations with adequate visibility for each person to operate the aircraft safely; and (d) cockpit and outside visibility adequate to evaluate the performance of the applicant where an additional jump seat is provided for the examiner.

(3)

An applicant for a practical test shall use an aircraft, other than a lighter-than-air aircraft, that has engine power controls and flight controls that are easily reached and operable in a conventional manner by both pilots, unless the examiner determines that the practical test can be conducted safely in the aircraft without the controls being easily reached. (4) An applicant for a practical test that involves manoeuvring an aircraft solely by reference to instruments shall provide an aircraft with- (a) an equipment that permits the applicant to pass the areas of operation that apply to the rating sought; and (b) a device that prevents the applicant from having visual reference outside the aircraft, but does not prevent the examiner from having visual reference outside the aircraft, and is otherwise acceptable to the authority.

(5)

An applicant may complete a practical test in an aircraft having a single set of controls, if-

(a)

the examiner agrees to conduct the test;

(b)

the test does not involve a demonstration of instrument skills; and

(c)

the proficiency of the applicant can be observed by an examiner who is in a position to observe the applicant.

40. Retesting after failure
(1)

An applicant for a knowledge or practical test who fails the test may reapply for the test only after he or she has received-

(a)

the necessary training from an authorised instructor who has determined that the applicant is proficient to pass the test; and

(b)

an endorsement from an authorised instructor who gave the applicant the additional training.

(2)

An applicant for a flight instructor licence with an aeroplane category rating or, for a flight instructor licence with a glider category rating, who has failed the practical test due to deficiencies in instructional proficiency on stall awareness, spin entry, spins or spin recovery shall- (a) comply with the requirements of subregulation (1) before being retested; (b) bring to the retest an aircraft that is of the appropriate aircraft category for the rating sought and is certified for spins; and (c) demonstrate satisfactory instructional proficiency on stall awareness, spin entry, spins and spin recovery to an examiner during the retest.

41. Records of training time
(1)

A pilot shall document and record the following time in a manner acceptable to the authority- (a) training and aeronautical experience used to meet the requirements for a licence, rating, qualification or authorisation under these Regulations; and (b) the aeronautical experience required to show recent flight experience requirements of these Regulations.

(2)

For the purposes of meeting the requirements of these Regulations, a pilot shall enter the following information for each flight or lesson logged- (a) general information including- (i) date; (ii) total flight time; (iii) location where the aircraft departed and arrived, or for lessons in an approved synthetic flight trainer, the location where the lesson occurred; (iv) type and identification of aircraft or approved synthetic flight trainer, as appropriate; (v) the name of a safety pilot, if required by the Civil Aviation (Operation of Aircraft-Commercial Air Transport Aeroplanes) Regulations, 2022; and (vi) the name of the authorised instructor, where required;

(b)

type of pilot experience or training- (i) solo; (ii) PIC; (iii) PIC under supervision;

(iv)

co-pilot; (v) flight and ground training received from an authorised instructor; and (vi) training received in an approved synthetic flight trainer from an authorised instructor; and (c) conditions of flight including- (i) day or night; (ii) actual instrument; and (iii) simulated instrument conditions in flight or in an approved synthetic flight trainer.

(3)

The pilot time described in this regulation may be used to- (a) apply for a licence or rating under these Regulations; or

(b)

satisfy the recent flight experience requirements of the applicable Civil Aviation (Operation of Aircraft- Commercial Air Transport Aeroplanes) Regulations, 2022.

(4)

Except for a student pilot acting as PIC of an airship requiring more than one flight crew member, a pilot may log as solo flight time only the flight time where the pilot is the sole occupant of the aircraft.

(5)

A private or commercial pilot may log PIC time only for the flight time during which he or she is- (a) the sole manipulator of the controls of an aircraft for which the pilot is rated; (b) acting as PIC of an aircraft on which more than one pilot is required; or (c) a sole occupant.

(6)

An airline transport pilot may log as PIC time all of the flight time while performing the duties of the PIC of an operation requiring an airline transport pilot or multi crew pilot licences.

(7)

An authorised instructor may log as PIC time all flight time while performing the duties of an authorised instructor.

(8)

A student pilot may log PIC time when that student pilot- (a) is the sole occupant of the aircraft; and (b) is undergoing training for a pilot licence or rating.

(9)

A person may log co-pilot flight time only for the flight time during which he or she-

(a)

is qualified in accordance with the co-pilot requirements of the Civil Aviation (Operation of Aircraft-Commercial Air Transport Aeroplanes) Regulations, 2022 and occupies a crew member station in an aircraft that requires more than one pilot by the aircraft's type certificate; or

(b)

holds the appropriate category, class and instrument rating if an instrument rating is required for the flight, for the aircraft being flown and more than one pilot is required under the type certification of aircraft.

(10)

A person may log instrument flight time only for the flight time where he or she operates the aircraft solely by reference to instruments under actual or simulated instrument flight conditions.

(11)

An authorised instructor may log instrument flight time when conducting instrument flight instruction in actual instrument flight conditions.

(12)

For the purposes of logging instrument flight time to meet the recent instrument experience requirements of the Civil Aviation (Operation of Aircraft-Commercial Air Transport Aeroplanes)

Regulations, 2022 in the following information shall be recorded in a person's logbook- (a) the location and type of each instrument approach accomplished; and (b) the name of the safety pilot, if required.

(13)

An approved synthetic flight trainer may be used by a person to log instrument flight time, provided an authorised instructor is present during the simulated flight.

(14)

A person may log training time where he or she receives training from an authorised instructor in an aircraft or in an approved synthetic flight trainer.

(15)

The training time shall be logged in a logbook and shall- (a) be endorsed in a legible manner by the authorised instructor; and (b) include a description of the training given, the length of the training lesson, and the instructor's signature, licence number and licence expiry date.

42. Recording of flight time
(1)

A student pilot or the holder of a pilot licence shall be entitled to be credited in full with all solo, dual instruction and PIC flight time towards the total flight time required for the initial issue of a pilot licence or the issue of a higher grade of pilot licence. (2) The holder of a pilot licence, when acting as co-pilot at a pilot station of an aircraft certificated to be operated with a co-pilot, shall be entitled to be credited in full with this flight time towards the total flight time required for a higher grade of pilot licence.

(3)

The holder of a pilot licence, when performing the duties of a PIC under supervision, shall be entitled to be credited in full with this flight time towards the total flight time required for a higher grade of pilot licence.

43. Limitations on use of synthetic flight trainer

A person shall not receive credit for use of any synthetic flight trainer for satisfying any training, testing or checking requirement of this regulation unless the synthetic flight trainer is approved by the authority for (a) training, testing and checking for which it issued; (b) each particular manoeuvre, procedure or crew member function performed; and (c) the representation of the specific category, class and type of aircraft, particular variation within the type or set of aircraft for certain flight training devices.

44. Use of synthetic flight trainers for demonstration of skill
(1)

A synthetic flight trainer used for performing any manoeuvre required during the demonstration of skill for the issue of a flight crew licence or rating shall be approved by the authority to ensure that the synthetic flight trainer used is appropriate to the task.

(2)

A flight crew member may demonstrate his or her skills during proficiency flight checks in a synthetic flight trainer approved under subregulation (1) in order to maintain the competence required by these Regulations.

45. General requirements for pilot licences, ratings and

authorisations (1) The authority may issue to an applicant who cannot comply with certain eligibility requirements or areas of operations required for the issue of a licence because of physical limitations or for other reasons, a licence, rating or authorisation with appropriate limitations for operations only within Uganda if-

(a)

the applicant is able to meet all other certification requirements for the licence, rating or authorisation sought;

(b)

physical limitation, if any, has been recorded with the authority on the applicant's medical records; and (c) the authority determines that the applicant's inability to perform the particular area of operation shall not adversely affect safety.

(2)

Where the applicant does not meet the specific requirements for the issue of the particular flight crew licence, he or she shall obtain a student pilot licence to enable him or her fulfill the eligibility requirements for pilot licence issued under these Regulations.

(3)

The authority may remove a limitation placed on a person's licence if he or she demonstrates to an examiner or inspector satisfactory proficiency in the area of operation to which the limitation applies or otherwise shows compliance with conditions to remove the limitation, as applicable.

(4)

A person shall not perform the duties of a PICof an aircraft unless he or she holds the appropriate category, class and type rating if a class rating and type rating is required for the aircraft to be flown, except where the pilot is receiving training for the purpose of obtaining an additional pilot licence or rating while under the supervision of an authorised instructor.

(5)

Subject to subregulation (4), a person shall not perform the duties of a pilot of an aircraft that is carrying another person or is operated for compensation or hire, unless he or she holds a category, class and type rating that applies to the aircraft.

(6)

Subregulation (4) does not require a category and class rating for an aircraft not type certified as an aeroplane, rotorcraft, glider, or lighter-than-air aircraft.

(7)

A person shall not perform the duties of PIC of a complex aircraft, high-performance aircraft or a pressurised aircraft capable of flying 25,000 feet above mean sea level or an aircraft that the authority has determined requires aircraft type specific training unless he or she has- (a) received and logged ground and flight training from an authorised instructor in the applicable aircraft type or in an approved synthetic flight trainer that is a representative of the aircraft and has been found proficient in the operation and systems of that aircraft; and (b) received an endorsement in his or her logbook from an authorised instructor who certifies that he or she is proficient to operate that aircraft.

(8)

A person shall not perform the duties of PIC of a tail wheel aeroplane unless he or she has- (a) received and logged flight training from an authorised instructor in a tail wheel aeroplane on the manoeuvres and procedures prescribed in subparagraph (b); and (b) received an endorsement in his or her logbook from an authorised instructor who is satisfied that he or she is proficient in the operation of a tail wheel aeroplane, to include at least normal and crosswind takeoffs and landings, wheel landings unless the manufacturer has recommended against such landings and go around procedures.

(9)

Approved training for flight crew and air traffic controllers shall be conducted by an approved training organisation.

Part VI

46. General licensing specifications
(1)

A person shall not perform the duties of either a PIC or a co-pilot of an aircraft in any of the following categories- (a) aeroplane; (b) airship of a volume of more than 4600 cubic metres;

(c)

free balloon; (d) glider; (e) rotorcraft; (f) powered-lift; or (g) remotely piloted aircraft, unless he or she is the holder of a pilot licence issued under these Regulations.

(2)

The authority shall include the category of aircraft in the title of the licence.

(3)

Where the holder of a pilot licence seeks a licence for an additional category of aircraft, the authority shall issue the licence holder with an additional pilot licence for that category of aircraft.

(4)

An applicant shall, before being issued with a pilot licence or rating, meet the requirements in respect of age, knowledge, experience, flight instruction, skill and medical fitness as specified for that licence or rating.

(5)

An applicant for a pilot licence or rating shall demonstrate, in a manner determined by the authority, requirements for knowledge and skill for that licence or rating as specified in these Regulations.

47. Powered-lift category
(1)

The authority may endorse a type rating for aircraft of the powered-lift category on an aeroplane or helicopter pilot licence and the endorsement of the rating on the licence shall indicate that the aircraft is part of the powered-lift category.

(2)

The authority shall, where endorsing a type rating for aircraft of the powered-lift category take into account the previous experience of the applicant in an aeroplane or a helicopter as appropriate and shall incorporate in the endorsement all relevant aspects of operating an aircraft of the powered-lift category where the training for the type rating in the powered-lift category is completed during a course of approved training.

48. Circumstances in which class and type ratings are required
(1)

A holder of a pilot licence shall not perform the duties of either as PIC or co-pilot of an aeroplane, an airship, a helicopter or a powered-lift unless he or she has received authorisation as follows- (a) the appropriate class rating specified in regulation 5(1)(b) or (b) a type rating where required in accordance with regulation 5(1) (e).

(2)

Where a type rating is issued limiting the privileges to perform the duties of a co-pilot or limiting the privileges to perform the duties of a PIC only during the cruise phase of the flight, the limitation shall be endorsed on the rating.

(3)

The authority shall, for the purpose of training, testing or specific special purpose non-revenue, non-passenger carrying flights, issue special authorisation in writing to the holder of a licence in accordance with this regulation, and the authorisation shall be limited in validity to the time needed to complete the specific flight.

49. Requirements for issue of class and type ratings
(1)

The applicant for the issue of class and type rating shall demonstrate a degree of skill appropriate to the licence in an aircraft of the class for which the rating is sought as specified under regulation 5(1) (b). (2) For the purposes of type rating, the applicant shall have- (a) gained, under appropriate supervision, experience in the applicable type of aircraft or flight simulator in the following- (i) normal flight procedures and manoeuvres during all phases of flight;

(ii)

abnormal and emergency procedures and manoeuvres in the event of failures and malfunctions of equipment, such as engine, systems and airframe;

(iii)

where applicable, instrument procedures, including instrument approach, missed approach and landing procedures under normal, abnormal and emergency conditions, including simulated engine failure;

(iv)

for the issue of an aeroplane category type rating, upset prevention and recovery training; and

(v)

procedures for crew incapacitation and crew coordination including allocation of pilot tasks, crew cooperation and use of checklists;

(b)

demonstrate the skill and knowledge required for the safe operation of the applicable type of aircraft, relevant to the duties of a PIC or a co-pilot, as applicable; and (c) demonstrate, at the airline transport pilot licence level, an extent of knowledge determined by the authority on the basis of the requirements specified in regulation 86 (2).

(3)

Notwithstanding subregulation (2), the applicant shall demonstrate the skill and knowledge required for the safe operation of the applicable type of aircraft, relevant to the licensing requirements and piloting functions of the applicant.

50. Use of flight simulation training device for acquisition of

experience and demonstration of skill The authority shall approve the use of a flight simulation training device for acquiring the experience or performing any manoeuvre required during the demonstration of skill for the issue of a licence or rating, provided the flight simulation training device used is appropriate to the task.

51. Circumstances in which instrument rating is required
(1)

The holder of a pilot licence shall not perform the duties of a PIC or co-pilot of an aircraft under instrument flight rules (IFR) unless the holder has received authorisation from the authority.

(2)

The authorisation referred to in subregulation (1) shall comprise an instrument rating appropriate to the aircraft category.

(3)

This regulation does not preclude the issue of a licence having the instrument rating as an integral part.

52. Circumstances in which authorisation to conduct

instruction is required (1) The holder of a pilot licence shall not carry out, flight instruction required for the issue of a pilot licence or rating, unless he or she has received authorisation from the authority.

(2)

Authorisation referred to in subregulation (1) shall comprise- (a) a flight instructor rating on the holder's licence; (b) the authority to act as a check pilot to carry out flight instruction for the purposes of type rating endorsement; or (c) a specific authorisation granted by the authority.

(3)

A holder of a licence shall not carry out instruction on a flight simulation training device required for the issue of a pilot licence or rating unless he or she holds or has held an appropriate licence or has appropriate flight training and flight experience and has received authorisation from the authority.

53. Crediting of flight time
(1)

A student pilot or the holder of a pilot licence shall be entitled to be credited in full with all solo, dual instruction and PIC flight time towards the total flight time required for the initial issue of a pilot licence or the issue of a higher grade of pilot licence.

(2)

The holder of a pilot licence, when acting as co-pilot at a pilot station of an aircraft certificated for operation by a single pilot but required by the authority to be operated with a co-pilot, shall be entitled to be credited with not more than 50 per cent of the co-pilot flight time towards the total flight time required for a higher grade of pilot licence.

(3)

The authority may accept that, flight time be credited in full towards the total flight time required if the aircraft is equipped to be operated by a co-pilot and the aircraft is operated in a multi-crew operation.

(4)

The holder of a pilot licence, when performing duties of a co-pilot at a pilot station of an aircraft certificated to be operated with a co-pilot, shall be entitled to be credited in full with this flight time towards the total flight time required for a higher grade of pilot licence.

(5)

The holder of a pilot licence, when performing duties of a PIC under supervision, shall be entitled to be credited in full with this flight time towards the total flight time required for a higher grade of pilot licence.

54. Curtailment of privileges of pilots
(1)

Subject to subregulations (2) and (3), a person shall not perform the duties of a pilot of an aircraft engaged in international commercial air transport operations if- (a) he or she has attained his or her 60th birthday; or (b) in the case of operations with more than one pilot, he or she has attained his or her 65th birthday.

(2)

A person shall not perform the duties of a PIC or co-pilot of a multi-crew aircraft engaged in international commercial air transport operations where he or she has attained his or her 65th birthday and the other pilot has attained his or her 60th birthday.

(3)

A holder of a pilot licence who has attained the age of 65 years shall not perform the duties of a pilot of an aircraft engaged in commercial air transport operations.

(4)

A holder of CPL or ATPL licences with instructor rating may continue exercising the privileges of instructor rating after the age of 65 years provided that person holds a valid class1medical certificate.

(5)

A holder of a pilot licence who has attained the age of 65 years shall operate only under the privilege of a PPL.

Student Pilot Licence (SPL)

55. Eligibility requirements for SPL
(1)

A person shall not receive and log flight instructions unless he or she has a valid SPL. (2) An applicant shall be eligible for issue of SPL who- (a) is at least sixteen years of age; (b) has the ability to read, speak, write, and understand the English language; and (c) possess a valid class 2 medical certificate issued under these Regulations.

(3)

The student pilot shall comply with the requirements of this regulation to ensure he or she does not constitute a hazard to air navigation.

(4)

A student pilot shall not fly solo unless under the supervision of, or with the authority of an authorised flight instructor.

(5)

A student pilot shall not fly solo in an aircraft on an international flight unless by special or general arrangement between the contracting States concerned.

(6)

A student pilot shall not fly solo unless that student holds a current class 2 medical assessment.

56. Solo flight requirements
(1)

A holder of SPL shall not operate an aircraft in first solo flight unless he or she has met the requirements of this regulation.

(2)

A student pilot shall pass an aeronautical knowledge test on the following subjects-

(a)

applicable sections of these Regulations and the Civil Aviation (Operation of Aircraft-Commercial Air Transport Aeroplanes) Regulations, 2022;

(b)

airspace structure and procedures for the airport where the student will perform solo flight; and

(c)

flight characteristics and operational limitations for the make and model of aircraft to be flown.

(3)

The student's authorised instructor shall- (a) administer the test; (b) at the conclusion of the test, review all incorrect answers with the student before authorising that student to conduct a solo flight; and (c) notify the air traffic services before the student commences the solo flight.

(4)

A student pilot shall before conducting a solo flight- (a) have received and logged flight training for the manoeuvres and procedures that are appropriate to the make and model of aircraft to be flown; (b) have demonstrated satisfactory proficiency and safety, as determined by an authorised instructor, on the manoeuvres and procedures required by this regulation in the make and model of aircraft or similar make and model of aircraft to be flown; and (c) have been assessed by an authorised instructor as being able to speak and understand the English language used for radio telephony communications, but shall not be required to comply with the holistic descriptors of the rating scale prescribed in Schedule 2.

(5)

A student pilot who is preparing for solo flight shall receive training in English language proficiency and log flight training for the required manoeuvres and procedures, including the following as applicable, for each category and class rating- (a) proper flight preparation procedures, including pre-flight planning and preparation, engine operation and aircraft systems; (b) taxiing or surface operations, including run-up; (c) takeoffs and landings, including normal and crosswind; (d) straight and level flight, and turns in both directions; (e) climbs and climbing turns; (f) airport traffic patterns; (g) radio telephony, airport entry and departure procedures; (h) collision avoidance, wind shear avoidance and wake turbulence avoidance; (i) descents, with and without turns, using high and low drag configurations; (j) flight at various airspeeds from cruise to slow flight; (k) stall entries from various flight attitudes and power combinations with recovery initiated at the first indication of a stall and recovery from a full stall;

(l)

emergency procedures and equipment malfunctions; (m) ground reference manoeuvres; (n) approaches to a landing area with simulated engine malfunctions; (o) slips to a landing; (p) after landing and taxiing instructions; and (q) go-arounds.

(6)

A holder of SPL who is receiving training for solo flight shall receive and log flight training for the following additional manoeuvres and procedures, as applicable, as indicated for each category and class rating- (a) in a multi-engine aeroplane- (i) proper flight preparation procedures, including pre-flight planning and preparation, power plant operation and aircraft systems; (ii) taxing or surface operations, including run ups; (iii) takeoffs and landings, including normal and crosswind; (iv) straight and level flight and turns in both directions; (v) climbs and climbing turns; (vi) airport traffic patterns, including entry and departure procedures; (vii) collision avoidance, wind shear avoidance and wake turbulence avoidance; (viii) descents, with and without turns, using high and low drag configurations; (ix) flight at various airspeeds from cruise to slow flight;

(x)

stall entries from various flight attitudes and power combinations with recover initiated at the first indication of a stall and recovery from a full stall;

(xi)

emergency procedures and equipment malfunctions;

(xii)

ground reference manoeuvres;

(xiii)

approaches to a landing area with simulated engine malfunctions; and

(xiv)

go-arounds;

(b)

in a helicopter- (i) approaches to the landing area; (ii) hovering and hovering turns; (iii) simulated emergency procedures, including auto rotational descents with a power recovery and power recovery to a hover; (iv) rapid decelerations; and (v) simulated one engine inoperative approaches and landings for multiengine helicopter;

(c)

in a gyroplane- (i) approaches to the landing area; (ii) high rates of descent with power on and with simulated power off and recovery from those flight configurations; and (iii) simulated emergency procedures, including simulated power off landings and simulated power failure during departures;

(d)

in a glider- (i) the applicable manoeuvres and procedures prescribed in paragraph (a); (ii) launches, including normal and crosswind; (iii) inspection of towline rigging and review of signals and release procedures; (iv) aero tow, ground tow or self-launch procedures; (v) procedures for disassembly and assembly of the glider; (vi) slips to a landing; (vii) procedures and techniques for thermaling; and (viii) emergency operations, including towline break procedures;

(e)

in an airship- (i) rigging, ballasting and controlling pressure in the ballonets and superheating; and (ii) landings with positive and negative static trim; and (f) in a balloon- (i) layout and assembly procedures; (ii) ascents and descents; (iii) landing and recovery procedures; (iv) operation of hot air or gas source, ballast, valves, vents, and rip panels, as appropriate; (v) use of deflation valves or rip panels for simulating an emergency; (vi) the effects of wind on climb and approach angles; and (vii) obstruction detection and avoidance techniques.

57. Privileges and limitations of SPL
(1)

A holder of SPL shall be entitled to fly as a PIC of an aircraft for the purpose of becoming qualified for a grant or renewal of a pilot's licence.

(2)

A holder of SPL shall not perform the duties of a pilot in command of an aircraft-

(a)

that is carrying a passenger; (b) that is carrying property for compensation or hire; (c) that is operated for compensation or hire; (d) in furtherance of a business; (e) on an international flight; (f) when the flight cannot be made under VMC as specified under the Civil Aviation (Rules of the Air) Regulations, 2020. (g) in a manner contrary to any limitations placed in the pilot's logbook by an authorised instructor.

(3)

A holder of SPL shall not perform the duties of a required flight crew member on any aircraft for which more than one pilot is required by the aircraft type certificate or by these Regulations under which the flight is conducted, except when receiving flight training from an authorised instructor on board an airship and no person other than a required flight crew member is carried on the airship.

(4)

A holder of SPL shall not operate an aircraft in solo flight unless he or she has received within the 90 days preceding the date of the flight an endorsement made in the student's logbook from an authorised instructor for the specific make and model of aircraft to be flown.

(5)

A holder of SPL shall not perform the duties of a PIC of an aircraft unless his or her logbook has been endorsed by an authorised instructor that he or she is capable of communicating with air traffic control on radio telephony.

58. Solo flight cross-country requirements
(1)

A holder of SPL shall, except as provided in subregulation (4), meet the requirements of this regulation prior to-

(a)

conducting a solo cross-country flight or any flight greater than 25 nautical miles from the airport from where the flight originated; or

(b)

making a solo flight and landing at any location other than the airport of origin.

(2)

Subject to subregulation (4), a student pilot who seeks solo cross-country flight privileges shall-

(a)

receive flight training from an authorised instructor on the manoeuvres and procedures required by this regulation that are appropriate to the make and model of aircraft for which solo cross-country privileges are sought;

(b)

demonstrate cross-country proficiency on the appropriate manoeuvres and procedures required by this regulation to an authorised instructor; (c) satisfactorily accomplish the pre-solo flight manoeuvre sand procedures required by this regulation in the make and model of aircraft or similar make and model of aircraft for which solo cross-country privileges are sought; and

(d)

comply with any limitations included in the instructor's endorsement as specified by subregulation (5).

(3)

A holder of SPL who seeks solo cross-country flight privileges shall receive ground and flight training from an authorised instructor on the cross-country manoeuvres and procedures prescribed in this regulation that are appropriate to the aircraft to be flown.

(4)

A student pilot shall obtain an endorsement from an authorised instructor to make solo flights, subject to the following conditions-

(a)

that a solo flight to another airport is within 25 nautical miles from the airport where the student pilot normally receives training if-

(i)

the authorised instructor who makes the endorsement gave the student pilot flight training at the other airport and that the training included flights in both directions over the route, entering and exiting the traffic pattern and takeoffs and landings at the other airport;

(ii)

that the student pilot has a current solo flight endorsement in accordance with these Regulations;

(iii)

that the instructor has determined that the student pilot is proficient to make the flight; and

(iv)

that the purpose of the flight is to practice takeoffs and landings at that other airport;

(b)

that repeated specific solo cross-country flights to another airport that is within 50 nautical miles of the airport from which the flight originated, if-

(i)

the authorised instructor who gave the endorsement gave the student flight training in both directions over the route, including entering and exiting the traffic patterns, takeoffs, and landings at the airport to be used;

(ii)

the student has current solo flight endorsements in accordance with these Regulations; and

(iii)

the student has a current solo cross-country flight endorsement in accordance with subregulation (5), except that separate endorsements are not required for each flight made under this paragraph.

(5)

Except as specified in subregulation (4) (b), a student pilot shall have a solo cross-country endorsement inserted in the student pilot's log book by the authorised instructor who conducted the training for each make and model aircraft the student will fly on each cross-country flight.

(6)

A student pilot receiving training for cross-country flight shall receive and log flight training in the following manoeuvres and procedures- (a) in an aeroplane or rotorcraft- (i) use of aeronautical charts for visual flight rules navigation using pilotage and dead reckoning with the aid of a magnetic compass; (ii) use of aircraft performance charts pertaining to cross-country flight; (iii) procurement and analysis of aeronautical weather reports and forecasts, including recognition of critical weather situations and estimating visibility while inflight; (iv) recognition, avoidance and operational restrictions of hazardous terrain features in the geographical area where the student pilot will conduct cross-country flight; (v) use of radios for VFR navigation and two-way communications; (vi) climbs at best angle and best rate; and (vii) control and manoeuvring solely by reference to flight instruments, including straight and level light, turns, descents, climbs, use of radio aids, and air traffic control clearances;

(b)

in a glider- (i) the manouvres and procedure specified in subregulation (6)(a), as applicable; (ii) landings accomplished without the use of the altimeter from at least 2000 feet above the surface; and (iii) recognition of weather and upper air conditions favorable for cross-country soaring, ascending flight, descending flight and altitude control;

(c)

in an airship- (i) the manoeuvres and procedures specified in subregulation (6) (a), as applicable; (ii) control of air pressure with regard to ascending and descending flight and altitude control; (iii) control of the airship solely by reference to flight instruments; and (iv) recognition of weather and upper air conditions conducive for the direction of cross-country flight.

59. Renewal requirements of student pilot licence

A holder of SPL may apply for renewal of the licence if he or she has passed a Class II medical examination Private Pilot Licence (PPL)

60. Eligibility requirements for PPL
(1)

An applicant for PPL, shall- (a) be at least 18years of age for a licence other than the operation of glider or balloon; (b) be at least 18 years of age for a licence in a glider or balloon;

(c)

demonstrate the ability to read, speak, write and understand the English language in accordance with the language proficiency requirements specified in Schedule 3; (d) receive an endorsement for the knowledge test from an authorised instructor who- (i) conducted the training on the aeronautical knowledge areas prescribed in regulation 61, that apply to the aircraft category sought; and (ii) certified that the person is prepared for the required knowledge test; (e) be in possession of a valid class 2 medical certificate issued under these Regulations; (f) pass the required knowledge test on the aeronautical knowledge areas prescribed in regulation 61; (g) receive flight training and a logbook endorsement from an authorised instructor who- (i) conducted the training in the areas of operation prescribed in regulation 61, that apply to the aircraft category and class rating sought; and (ii) certified that the person is prepared for the required practical test; (h) meet the aeronautical experience requirements of these Regulations that apply to the aircraft category and class rating sought before applying for the practical test; (i) pass a practical test on the areas of operation prescribed in regulation 63 that apply to the aircraft category and class rating sought; and (j) comply with the appropriate provisions of these Regulations that apply to the aircraft category and class rating sought.

61. Aeronautical knowledge and skill requirements for PPL
(1)

An applicant for PPL shall demonstrate a level of knowledge appropriate to the privileges granted to the holder of such licence and appropriate to the category of aircraft intended to be included in the licence in at least the following subjects- (a) air law including- (i) rules and regulations relevant to the holder of a private pilot licence; (ii) rules of the air; (iii) altimeter setting procedures; and (iv) appropriate air traffic services practices and procedures for aeroplane, helicopter, powered-lift and airship; (b) aircraft general knowledge including- (i) principles of operation and functioning of power plants, systems and instruments; (ii) operating limitations of the relevant category of aircraft and power plants; and (iii) relevant operational information from the flight manual or other appropriate document; (iv) for helicopter and powered-lift, transmission (power-trains) where applicable; and (v) for airship, physical properties and application of gases;

(c)

flight performance, planning and loading including- (i) effects of loading and mass distribution on flight characteristics, mass and balance calculations; (ii) use and practical application of take-off, landing and other performance data;

(iii)

pre-flight and en-route flight planning appropriate to private operations under visual flight rules; (iv) preparation and filing of air traffic services flight plans; (v) appropriate air traffic services procedures; (vi) position reporting procedures; and (vii) altimeter setting procedures, operations in areas of high-density traffic;

(d)

human performance including threats and error management;

(e)

meteorology including- (i) application of elementary aeronautical meteorology; (ii) use of and procedures for obtaining meteorological information; (iii) altimetry; and (iv) hazardous weather conditions;

(f)

navigation including- (i) practical aspects of air navigation and dead- reckoning techniques; and (ii) use of aeronautical charts.

(g)

operational procedures including- (i) use of aeronautical documentation such as aeronautical information publication, NOTAM, aeronautical codes and abbreviations; (ii) appropriate precautionary and emergency procedures, including action to be taken to avoid hazardous weather, wake turbulence and other operating hazards;

(iii)

application of threats and error management principles to operational performance; (iv) altimeter setting procedures; (v) in case of the helicopter and if applicable, powered- lift, settling with power, ground resonance and retreating blade stall; (vi) dynamic roll-over and other operational hazards; and (vii) safety procedures, associated with flight in visual meteorological conditions;

(h)

principles of flight; and

(i)

radiotelephony such as communication procedures and phraseology as applied to visual flight rules operations and action to be taken in case of communication failure.

(2)

The aeronautical knowledge areas applicable to any relevant rotorcraft category and class rating shall include all areas covered under subregulation (1) and settling with power, ground resonance, roll over and other operating hazards.

(3)

The aeronautical knowledge areas applicable to any relevant lighter than air category and class rating shall be as follows- (a) air law including- (i) rules and regulations relevant to the holder of a lighter than air category; (ii) rules of the air; and (iii) appropriate air traffic services practices and procedures;

(b)

aircraft general knowledge including- (i) principles of operation of lighter than aircraft category systems and instruments; (ii) operating imitations of lighter than aircraft category relevant operational information from the flight manual or other appropriate document; and (iii) physical properties and practical application of gases used in lighter than aircraft category;

(c)

flight performance and planning including- (i) effects of loading on flight characteristics mass and balance calculations; (ii) use and practical application of launching, landing and other performance data, including the effect of temperature; (iii) pre-flight and en-route flight planning appropriate to operations under visual flight rules, appropriate air traffic services procedures; and (iv) altimeter setting procedures and operations in areas of high-density traffic;

(d)

human performance relevant to the private pilot including principles of threat and error management;

(e)

meteorology including- (i) application of elementary aeronautical meteorology, (ii) use of and procedures for obtaining meteorological information and altimetry; and (iii) hazardous weather conditions;

(f)

navigation including practical aspects of air navigation and dead-reckoning techniques and use of aeronautical charts;

(g)

operational procedures including- (i) use of aeronautical documentation such as aeronautical information publication, NOTAM, aeronautical codes and abbreviations;

(ii)

appropriate precautionary and emergency procedures, including action to be taken to avoid hazardous weather, wake turbulence and other operating hazards;

(iii)

application of threat and error management to operational performance;

(iv)

altimeter setting procedures; and

(v)

safety procedures, associated with flight in visual meteorological conditions; and

(h)

principles of flight relating to lighter than aircraft category.

62. Privileges and limitations of holder of PPL
(1)

Subject to compliance with the requirements specified in regulations 19, 21, 23(1), 25 and 45, the privileges of the holder of PPL shall be to act, but not for remuneration, as PIC or co-pilot of aircraft within the appropriate aircraft category engaged in nonrevenue flights.

(2)

The holder of PPL shall receive dual instruction in aircraft within the appropriate category of aircraft in night flying, including take-off, landing and navigation.

63. Specific requirements for issuance of aeroplane category

rating (1) The applicant for a PPL shall receive dual instruction in aeroplanes appropriate to the class rating sought from an authorised flight instructor.

(2)

The instructor shall ensure that the applicant has operational experience in at least the following areas to the level of performance required for the private pilot-

(a)

recognition and management of threats and errors; (b) pre-flight operations, including mass and balance determination, aeroplane inspection and servicing; (c) aerodrome and traffic pattern operations, collision avoidance precautions and procedures; (d) control of the aeroplane by external visual reference; (e) flight at critically slow airspeeds, recognition of, and recovery from, incipient and full stalls; (f) flight at critically high airspeeds; recognition of, and recovery from, spiral dives; (g) normal and crosswind take-offs and landings; (h) maximum performance for short field and obstacle clearance take-offs; short-field landings; (i) flight by reference solely to instruments, including the completion of a level 180° turn; (j) cross-country flying using visual reference, dead reckoning and, where available, radio navigation aids; (k) emergency operations, including simulated aeroplane equipment malfunctions;

(l)

operations to, from and transiting controlled aerodromes, compliance with air traffic services procedures; and (m) communication procedures and phraseology.

(3)

The operational experience specified in subregulation (2) and the night flying dual instruction specified in regulation 62(2) shall not entitle the holder of a PPL to pilot airships under Instrument Flight Rules.

64. Aeronautical experience and skill requirements for PPL with

aeroplane category rating (1) An applicant for a PPL with an aeroplane category rating shall complete- (a) for a single engine class rating for each category rating sought- (i) not less than 40 hours of flight time as pilot of aeroplanes, or 35 hours if completed during a course of approved training as pilot of aeroplane a total of 5 hours may have been completed in a flight simulator; and (ii) not less than 10 hours of solo flight time under the supervision of an authorised flight instructor, including 5 hours of solo cross-country flight time with at least one cross-country flight totaling not less than 270 km (150 NM) in the course of which full- stop landings at two different aerodromes shall be made; (b) for a multi-engine class rating for each category sought, in addition to the requirements of paragraph (a)- (i) not less than 10 hours under the supervision of an authorised flight instructor in the category sought; and

(ii)

pass a practical skill test on multi-engine aircraft as specified in regulation 38.

(2)

An applicant who has flight time as a pilot of aircraft in other categories, shall, notwithstanding the requirement of subregulation (1) be credited with flight time from the said category by the authority provided that the credited time does not exceed 50%.

65. Specific requirements for issuance of helicopter category

rating (1) An applicant for helicopter category rating shall complete not less than 40 hours of flight time or 35 hours where completed during a course of approved training as a pilot of helicopters of which a maximum of 5 hours may have been completed in a flight simulation training device.

(2)

An applicant who has flight time as a pilot of aircraft in other categories shall notwithstanding the requirement of subregulation (1) be credited with flight time from the said category by the authority provided that the credited time does not exceed 50%.

(3)

The applicant shall complete in the helicopter category not less than 10 hours of solo flight time under the supervision of an authorised flight instructor, including 5 hours of solo cross-country flight time with at least one cross-country flight totaling not less than 180 km (100 NM) in the course of which landings at two different points shall be made.

(4)

The applicant shall receive not less than 20 hours of dual instruction time in helicopters from an authorised flight instructor.

(5)

The instructor shall ensure that the applicant has operational experience in at least the following areas to the level of performance required for a private pilot- (a) recognition and management of threats and errors;

(b)

pre-flight operations, including mass and balance determination, helicopter inspection and servicing; (c) aerodrome and traffic pattern operations, collision avoidance precautions and procedures; (d) control of the helicopter by external visual reference; (e) recovery at the incipient stage from settling with power, recovery techniques from low-rotor rpm with in the normal range of engine rpm; (f) ground maneuverings and run-ups, hovering, take-offs and landings - normal, out of wind and sloping ground; (g) take-offs and landings with minimum necessary power, maximum performance take-off and landing techniques; restricted site operations and quick stops; (h) cross-country flying using visual reference, dead reckoning and, where available, radio navigation aids, including a flight of at least one hour; (i) emergency operations, including simulated helicopter equipment malfunctions, autorotative approach; (j) operations to, from and transiting controlled aerodromes, compliance with air traffic services procedures; (k) communication procedures and phraseology; and (l) operational experience in flight by reference solely to instruments, including the completion of a level 180° turns, in a suitably instrumented helicopter.

(6)

The operational experience specified in subregulation (5) and the night flying dual instruction specified in regulation 62(2) do not entitle the holder of PPL to pilot helicopters under instrument flight rules.

66. Specific requirements for issuance of powered-lift category

rating or glider rating (1) An applicant for PPL with a powered-lift category rating shall complete- (a) not less than 40 hours of flight time as a pilot of powered- lift; (b) where an applicant who has experience as a pilot under instruction in a flight simulation training device may be credited with 15% of the flight simulation training device flight time as part of the total flight time of 40 hours required in paragraph (a) provided the flight simulation training device is approved for this purpose; and (c) not less than 10 hours of solo flight time under the supervision of an authorised flight instructor, including 5 hours of solo cross-country flight time with at least one cross-country flight totaling not less than 270 km (150 NM) in the course of which full stop landing at two different aerodromes shall be made.

(2)

Except for balloons and gliders, an applicant for PPL who has flight time as a pilot in other categories may be credited with 10 hours of the total flight time.

(3)

The applicant shall receive not less than 20 hours of dual instruction time in powered-lifts from an authorised flight instructor.

(4)

The instructor shall ensure that the applicant has operational experience in at least the following areas to the level of performance required for the private pilot licence- (a) recognition and management of threats and errors; (b) pre-flight operations, including mass and balance determination, powered-lift inspection and servicing;

(c)

aerodrome and traffic pattern operations, collision avoidance precautions and procedures; (d) control of the powered-lift by external visual reference; (e) ground manoeuvring and run-ups, hover and rolling take-offs and climb-out, hover and rolling approach and landings-normal, out of wind and sloping ground; (f) take-offs and landings with minimum necessary power, maximum performance take-off and landing techniques, restricted site operations and quick stops; (g) flight by reference solely to instruments, including the completion of a level 180° turn; (h) recovery at the incipient stage from settling with power, recovery techniques from low-rotor rpm with in the normal range of engine rpm; (i) cross-country flying using visual reference, dead reckoning and, where available, radio navigation aids, including a flight of at least one hour; (j) emergency operations, including simulated powered - lift equipment malfunctions, power of reconversion to autorotation and autorotative approach, where applicable, transmission and interconnect driveshaft failure, where applicable; (k) operations to and from and transiting controlled aerodromes, compliance with air traffic services procedures; and (l) communication procedures and phraseology.

(5)

The instrument experience specified in regulation 62 (2) and the night flying dual instruction specified in subregulation (2) shall not entitle the holder of a private pilot license to pilot airships under instrument flight rules.

(6)

An applicant for a PPL with glider category shall complete-

(a)

not less than 6 hours of flight time as pilot of gliders including 2 hours solo flight time during which not less than 20 launches and landings have been performed; and

(b)

where the applicant has logged forty hours of flight time in aeroplanes the applicant shall complete 3 hours of flight time in a glider, including 2 hours of solo flight time during which not less than ten launches and landings have been performed.

(7)

An applicant shall demonstrate the ability to perform as PIC of a glider, the procedures and manoeuvres prescribed in regulation 94(3) with a degree of competency appropriate to the privileges granted to the holder of a glider pilot licence, and to-

(a)

recognise and manage threats and errors;

(b)

operate the glider within its limitations;

(c)

complete all manoeuvres with smoothness and accuracy;

(d)

exercise good judgment and airmanship;

(e)

apply aeronautical knowledge; and

(f)

maintain control of the glider at all times in a manner such that the successful outcome of a procedure or manoeuvre is assured.

(8)

An applicant who has flight time as a pilot of aircraft in other categories, shall, notwithstanding the requirement of subregulation (1) be credited with flight time from the said category by the authority provided that the credited time does not exceed 50%.

67. Specific requirements for issuance of airship

category rating (1) An applicant for PPL with an airship class rating shall complete twenty-five hours of flight training in airships on the areas of operation which consists of at least- (a) three hours of cross-country flight training in an airship with a cross country flight totaling not less than forty five km or twenty-five nautical miles total distance; (b) five take offs and five landings to a full stop and at aerodrome, with each landing involving a flight in the traffic pattern, at an aerodrome; (c) 3 hours of instrument time; and (d) five hours as pilot assuming the duties of the pilot in command under the supervision of the PIC.

(2)

The applicant shall receive dual instruction in airships from an authorised flight instructor.

(3)

The instructor shall ensure that the applicant has received instruction in at least the following areas- (a) recognition and management of threats and errors; (b) pre-flight operations, including mass and balance determination, airship inspection and servicing; (c) ground reference manoeuvres; (d) aerodrome and traffic pattern operations, collision avoidance precautions and procedures; (e) techniques and procedures for take-off, including appropriate limitations, emergency procedures and signals used; (f) control of the airship by external visual reference; (g) take-offs, landings and go-arounds;

(h)

maximum performance (obstacle clearance) take-offs; (i) flight by reference solely to instruments, including the completion of a level 1800turn; (j) navigation, cross-country flying using visual reference, dead reckoning and radio navigation aids; (k) emergency operations or recognition of leaks, including simulated airship equipment malfunctions; and (l) communication procedures and phraseology.

(4)

The instrument experience specified in subregulation (3) (i) and the night flying dual instruction specified in 62(2) shall not entitle the holder of the PPL to pilot airships under IFR.

68. Renewal requirements for PPL A PPL may be renewed

if the holder of the licence has logged the following hours as PIC on either category, class or type rating sought within the twelve months preceding the date of application for renewal (a) for aeroplane and rotorcraft not less than 5 hours; and

(b)

for glider or lighter than air not less than 3hours.

Commercial Pilot Licence (CPL)

69. Eligibility requirements for CPL An applicant for CPL shall
(a)

be at least eighteen years of age; (b) demonstrate the ability to read, speak, write and understand the English language in accordance with the language proficiency requirements specified in Schedule 3 of these Regulations;

(c)

receive a logbook endorsement from an authorised instructor who- (i) conducted the required ground training on the aeronautical knowledge areas prescribed in regulation 70, that apply to the aircraft category and class rating sought; and (ii) be prepared for the required knowledge test that applies to the aircraft category and class rating sought; (d) pass the required knowledge test on the aeronautical knowledge areas specified in regulation 70; (e) receive the required training and a logbook endorsement from an authorised instructor who- (i) conducted the training on the areas of operation specifed in regulation 71 that apply to the aircraft category and class rating sought; and (ii) certified that the person is prepared for the required practical test; (f) be in possession of a class 1 medical certificate issued under these Regulations; (g) meet the aeronautical experience requirements of the applicable provisions of these Regulations that apply to the aircraft category and class rating sought before applying for the practical test; (h) pass the required practical test on the areas of operation that apply to the aircraft category and class rating sought; (i) hold a PPL issued under these Regulations or meet the requirements of regulation 28, pertaining to military licences; and

(j)

comply with all provisions of these Regulations which apply to the aircraft category and class rating sought.

70. Aeronautical knowledge requirements for CPL
(1)

An applicant for CPL shall demonstrate a level of knowledge appropriate to the privileges granted to the holder of such licence and appropriate to the category of aircraft intended to be included in the licence.

(2)

The aeronautical knowledge areas applicable to any relevant aircraft category and class rating shall be as follows- (a) air law including- (i) rules and regulations relevant to the holder of a CPL; (ii) rules of the air; and (iii) appropriate air traffic services practices and procedures;

(b)

aircraft general knowledge including-

(i)

principles of operation and functioning of power plants, systems and instruments;

(ii)

operating limitations of relevant aircraft category and power plants, relevant operational information from the flight manual or other appropriate document; (iii) use and serviceability checks of equipment and systems of appropriate aircraft category; (iv) maintenance procedures for airframes, systems and power plants of appropriate aircraft category; (v) for helicopter and powered-lift, transmission (power- trains) where applicable; and

(vi)

for airship, physical properties and practical application of gases;

(c)

flight performance, planning and loading- (i) effects of loading and mass distribution on aircraft handling, flight characteristics and performance, mass and balance calculations; (ii) use and practical application of take-off, landing and other performance data; (iii) pre-flight and en-route flight planning appropriate to commercial operations under visual flight rules; (iv) preparation and filing of air traffic services flight plans and appropriate air traffic services procedures; and (v) in the case of airship, helicopter and powered-lift effects of external loading;

(d)

human performance relevant to the CPL, including principles of threat and error management;

(e)

meteorology including- (i) interpretation and application of aeronautical meteorological reports, charts and forecasts; (ii) use of, and procedures for obtaining, meteorological information, pre-flight and in-flight and altimetry; (iii) aeronautical meteorology; (iv) climatology of relevant areas in respect of the elements having an effect upon aviation; (v) the moment of pressure systems, the structure of fronts, and the origin and characteristics of significant weather phenomena which affect take- off, en-route and landing conditions and hazardous weather avoidance; (vi) causes, recognition and effects of icing; (vii) frontal zone penetration procedures; and (viii) hazardous weather avoidance;

(f)

navigation including- (i) air navigation, such as the use of aeronautical charts, instruments and navigation aids; (ii) understanding of the principles and characteristics of appropriate navigation systems; and (iii) operation of air borne equipment;

(g)

operation procedures including-

(i)

use of aeronautical documentation such as AIP, NOTAM, aeronautical codes and abbreviations; (ii) appropriate precautionary and emergency procedures;

(iii)

operational procedures for carriage of freight;

(iv)

potential hazards associated with dangerous goods;

(v)

requirements and practices for safety briefing to passengers, including precautions to be observed when embarking and disembarking from aircraft;

(vi)

night and high-altitude;

(vii)

application of threats and error management principles to operational performance;

(viii)

altimeter setting procedures; and

(ix)

in the case of the helicopter, and if applicable, powered-lift settling with power, ground resonance, retreating blade stall, roll-over and other operation hazards, safety procedures associated with flight in VMC;

(h)

principles of flight relating to aircraft; and (i) radiotelephony including- (i) communication procedures and phraseology as applied to visual flight rules operations; and (ii) action to be taken in case of communication failure.

(3)

The aeronautical knowledge areas applicable to any relevant rotorcraft category and class rating shall include all areas specified in subregulation (2) in addition to the following areas- (a) power plants, transmissions or powertrains; (b) external loads on helicopter handling; (c) settling with power, ground resonance, roll-over and other operating hazards; and (d) operational procedures for carriage of freight including external loads.

(4)

The aeronautical knowledge areas applicable to any relevant lighter than air category and class rating shall be as follows- (a) air law including- (i) rules and regulations relevant to the holder of a free balloon pilot licence; (ii) rules of the air; and (iii) appropriate air traffic services practices and procedures.

(b)

aircraft general knowledge including- (i) principles of operation of free balloon systems and instruments; (ii) operating limitations of free balloons, relevant operational information from the flight manual or other appropriate document; and (iii) physical properties and practical application of gases used in free balloons;

(c)

flight performance and planning including- (i) effects of loading on flight characteristics and mass calculations; (ii) use and practical application of launching, landing and other performance data, including the effect of temperature; and (iii) pre-flight and en-route flight planning appropriate to operations under visual flight rules, appropriate air traffic services procedures and altimeter setting procedures, operations in areas of high-density traffic;

(d)

human performance relevant to the free balloon pilot;

(e)

meteorology including- (i) application of elementary aeronautical meteorology; and (ii) use of and procedures for obtaining, meteorological information and altimetry.

(f)

navigation including- (i) practical aspects of air navigation and dead- reckoning techniques; and

(ii)

use of aeronautical charts;

(g)

operational procedures including- (i) use of aeronautical documentation such as aeronautical information publication, NOTAM, aeronautical codes and abbreviations; (ii) appropriate precautionary and emergency procedures, including action to be taken to avoid hazardous weather, wake turbulence and other operating hazards; and (iii) application of threats and error management principles to operational performance;

(h)

principles of flight relating to free balloons; and (i) in case of airship- (i) use, limitation and serviceability of avionics and instruments necessary for the control and navigation; (ii) use of accuracy and reliability of navigation systems used in departure; and (iii) principles and characteristics of self-contained and external referenced navigation systems and operation of airborne equipment.

71. Skill requirement for issuance of CPL

The applicant shall demonstrate the ability to perform as PIC of an aircraft within the appropriate category of aircraft, the procedures and manoeuvres specified in regulations 72(4),73(4), 74(5) or 75(3) with a degree of competency appropriate to the privileges granted to the holder of a CPL, and to (a) recognise and manage threats and errors;

(b)

operate the aircraft within its limitations; (c) complete all manoeuvres with smoothness and accuracy; (d) exercise good judgment and airmanship; (e) apply aeronautical knowledge; and (f) maintain control of the aircraft at all times in a manner such that the successful outcome of a procedure or manoeuvre is assured.

72. Specific requirements for issuance of aeroplane category

rating (1) An applicant for CPL, aeroplanes shall obtain the following hours of aeronautical experience-

(a)

not less than two hundred hours of flight time or one hundred and fifty hours if completed during an integrated course of approved training provided for in an Approved Training Organisation under the Civil Aviation (Approved Training Organisations) Regulations, 2022 as a pilot of aeroplanes, of which ten hours may have been completed in a synthetic flight trainer;

(b)

in aeroplanes, not less than-

(i)

100 hours as PIC or, in the case of a course of approved training, seventy hours;

(ii)

twenty hours of cross-country flight time as PIC including a cross-country flight totaling not less than 540km (300 NM) in the course of which full-stop landings at two different aerodromes shall be made;

(iii)

ten hours of instrument instruction time of which not more than 5 hours may be instrument time in the synthetic flight trainer; and

(iv)

if the privileges of the licence are to be exercised at night, 5 hours of night flight time including 5 take- offs and landings as PIC.

(2)

A holder of a pilot licence in another category may be credited towards the two hundred hours of flight time as follows- (a) ten hours as PIC in a category other than helicopters; (b) thirty hours as PIC holding a PPL on helicopters; or (c) one hundred hours as PIC holding a CPL on helicopters.

(3)

The applicant shall receive dual instruction in aeroplanes appropriate to the class or type rating sought from an authorised flight instructor.

(4)

The instructor shall ensure that the applicant has operational experience in at least the following areas to the level of performance required for a commercial pilot- (a) recognition and management of threats and errors; (b) pre-flight operations, including mass and balance determination, aeroplane inspection and servicing; (c) aerodrome and traffic pattern operations, collision avoidance precautions and procedures;

(d)

control of the aeroplane by external visual reference;

(e)

flight at critically slow airspeeds, spin avoidance, recognition of and recovery from incipient and full stalls;

(f)

flight with asymmetrical power for multi-engine class or type ratings;

(g)

flight at critically high airspeeds, recognition of and recovery from spiral dives;

(h)

normal and crosswind take-offs and landings;

(i)

maximum performance (short field and obstacle clearance) take-offs, short-field landings;

(j)

basic flight manoeuvres and recovery from unusual attitudes by reference solely to basic flight instruments;

(k)

cross-country flying using visual reference, dead reckoning and radio navigation aids and diversion procedures;

(l)

abnormal and emergency procedures and manoeuvres including simulated aeroplane equipment malfunctions;

(m)

operations to, from and transiting controlled aerodromes and compliance with air traffic services procedures; and (n) communication procedures and phraseology.

(5)

The instrument experience specified in subregulation (1) (b) (iii) and subregulation (4)(j) and the night flying experience and dual instruction specified in subregulation (1)(b)(iv)) and subregulation (2) shall not entitle the holder of a CPL to pilot aeroplanes under IFR.

(6)

The applicant shall receive, in actual flight, upset prevention and recovery training approved by the authority.

73. Specific experience requirements for issuance of helicopter

category rating (1) An applicant for a CPL helicopter licence shall complete-

(a)

not less than one hundred fifty hours of flight time or one hundred hours if completed during an integrated course of approved training provided for in an ATO under the Civil Aviation (Approved Training Organisations) Regulations, 2022 as a pilot of helicopters of which not more than ten hours may have been completed in a synthetic flight trainer;

(b)

not less than-

(i)

thirty five hours as PIC; (ii) ten hours of cross-country flight time as PIC including a cross-country flight in the course of which landings at two different points shall be made; (iii) ten hours of instruction time of which not more than 5 hours may be instrument ground time; and (iv) if the privileges of the licence are to be exercised at night, 5 hours of night flight time including 5 take- offs and 5 landing patterns as PIC.

(2)

An applicant who has flight time as a pilot of aircraft in other categories shall notwithstanding the requirement of subregulation (1) be credited with flight time from the said category by the authority as prescribed in the applicable technical guidance material provided that the credited time does not exceed fifty percent.

(3)

The applicant shall receive dual instruction in helicopters from an authorised flight instructor. (4) The instructor shall ensure that the applicant has operational experience in at least the following areas to the level of performance required for the commercial pilot- (a) recognition and management of threats and errors; (b) pre-flight operations, including mass and balance determination, helicopter inspection and servicing; (c) aerodrome and traffic pattern operations, collision avoidance precautions and procedures; (d) control of the helicopter by external visual reference; (e) recovery at the incipient stage from settling with power, recovery techniques from low-rotor rpm with in the normal range of engine rpm;

(f)

ground maneuvering and run-ups, hovering, take-offs and landings-normal, out of wind and sloping ground and steep approaches;

(g)

take-offs and landings with minimum necessary power, maximum performance take-off and landing techniques, restricted site operations quick stops;

(h)

hovering out of ground effect, operations with external load, if applicable, flight at high-altitude;

(i)

basic flight manoeuvres and recovery from unusual attitudes by reference solely to basic flight instruments;

(j)

cross-country flying using visual reference, dead reckoning and radio navigation aids and diversion procedures;

(k)

abnormal and emergency procedures, including simulated helicopter equipment malfunctions, autorotative approach and landing;

(l)

operations to, from and transiting controlled aerodromes, compliance with air traffic services procedures; and

(m)

communication procedures and phraseology.

(5)

The instrument experience specified in subregulations (1) (b)(ii) and (4)(i) and the night flying experience and dual instruction specified in subregulation (1)(b)(iv) and regulation 77(2) do not entitle the holder of a CPL to pilot helicopters under IFR.

(6)

An applicant for a CPL (gyroplane) shall complete- (a) not less than one hundred fifty hours of flight time as a pilot, including at least one hundred hours in powered aircraft, of which twenty hours shall be in gyroplanes;

(b)

one hundred hours of PIC flight time, including at least-

(i)

ten hours in gyroplanes; and

(ii)

3 hours in cross-country flight in gyroplanes; and

(c)

twenty hours of training on the areas of operation listed in regulation 71, including at least-

(i)

5 hours of instrument training in an aircraft; and

(ii)

one cross-country flight of at least 2 hours in a gyroplane in day VFR conditions, consisting of a total straight-line distance of more than fifty nautical miles from the original point of departure; and

(d)

ten hours of solo flight in a gyroplane on the areas of operation listed in regulation 72(4) including at least-

(i)

one cross-country flight with landing sat a minimum of three points, with one segment consisting of a straight-line distance of at least fifty nautical miles from the original point of departure; and

(ii)

5 hours in night visual flight rules conditions with ten takeoffs and ten landings with each landing involving a flight in the traffic pattern.

74. Specific experience requirements for issuance of powered

lift category rating (1) An applicant for a CPL powered-lift shall complete not less than two hundred hours of flights in a powered-lift or one hundred fifty hours if completed during a course of approved training, as a pilot of aircraft, including- (a) fifty hours as PIC;

(b)

ten hours of cross-country flying as PIC including a cross- country flight totaling not less than 540km (300 NM) in the course of which full-stop landings at two different aerodromes should be made; (c) ten hours of instrument instruction of which not more than 5 hours may be instrument ground time; and (d) where the privileges of the licence are to be exercised at night, 5 hours of night flight time including 5 take-offs and landings as PIC.

(2)

An applicant who has flight time as a pilot of aircraft in other categories shall notwithstanding the requirement of subregulation (1) be credited with flight time from the said category by the authority provided that the credited time does not exceed fifty percent.

(3)

The applicant's experience as a pilot under instruction in a flight simulation training device may be credited as part of the total flight time of two hundred hours or one hundred fity hours, as the case may be, not more than twenty hours

(4)

The applicant shall receive dual instruction time in a powered- lift from an authorised flight instructor.

(5)

The instructor shall ensure that the applicant has operational experience in at least the following areas to the level of performance required for the commercial pilot-

(a)

recognition and management of threats and errors;

(b)

pre-flight operations, including mass and balance determination, powered-lift inspection and servicing;

(c)

aerodrome and traffic pattern operations, collision avoidance precautions and procedures;

(d)

control of the powered-lift by external visual reference;

(e)

recovery at the incipient stage from settling with power, recovery techniques from low-rotor rpm within the normal range of engine rpm;

(f)

ground manoeuvring and run-ups, hover and rolling take-offs and climb-out, hover and rolling approach and landings-normal, out of wind and sloping ground and steep approaches;

(g)

take-offs and landings with minimum necessary power, maximum performance take-off and landing techniques, restricted site operations, quick stops;

(h)

hovering out of ground effect, operations with external load, if applicable, flight at high-altitude;

(i)

basic flight manoeuvres and recovery from unusual attitudes by reference solely to basic flight instruments;

(j)

cross-country flying using visual reference, dead reckoning and, where available, radio navigation aids, including a flight of at least one hour;

(k)

emergency operations, including simulated powered- lift equipment malfunctions, power of reconversion to autorotation and autorotative approach, where applicable, transmission and interconnect driveshaft failure, where applicable;

(l)

operations to, from and transiting controlled aerodromes, compliance with air traffic services procedures; and

(m)

communication procedures and phraseology.

(6)

The instrument experience specified in sub regulations (1) (c) and (5) (i) and the night flying experience and dual instruction specified in subregulations (1) (d) and regulation 77 (2) shall not entitle the holder of a commercial pilot licence to pilot powered-lifts under Instrument Flight Rules.

75. Specific experience requirements for issuance of airship

category rating (1) An applicant for a CPL for lighter than air (airship category) shall complete not less than two hundred hours off light time as a pilot, including not less than- (a) fifty hours as a pilot of airships; (b) thirty hours in airships as PIC or PIC under supervision, to include not less than- (i) ten hours of cross-country flight time; and (ii) ten hours of night flight. (c) fourty hours of instrument time, of which twenty hours shall be in flight and ten hours in flight in airships; and (d) twenty hours of flight training in airships in the areas of operation prescribed in subregulation (2) and (3).

(2)

The applicant shall receive dual instruction in airships from an authorised flight instructor.

(3)

The instructor shall ensure that the applicant has operational experience equivalent to the level of performance required for the commercial pilot in the following areas-

(a)

recognise and manage threats and errors;

(b)

pre-flight operations, including mass and balance determination, airship inspection and servicing;

(c)

aerodrome and traffic pattern operations, collision avoidance precautions and procedures; (d) techniques and procedures for the take-off, including appropriate limitations, emergency procedures and signals used; (e) control of the airship by external visual reference; (f) recognition of leaks; (g) normal take-offs and landings; (h) maximum performance (short field and obstacle clearance) take-offs; short-field landings; (i) flight under Instrument Flight Rules; (j) cross-country flying using visual reference, dead reckoning and, where available, radio navigation aids; (k) emergency operations, including simulated airship equipment malfunctions; (l) operations to, from and transiting controlled aerodromes, compliance with air traffic services procedures; and (m) communication procedures and phraseology.

76. Specific requirements for issuance of lighter than air or

balloon category rating (1) An applicant for a CPL lighter than air or balloon category shall complete thirty five hours which consists of not less than twenty hours training flights in the areas of operation, that includes- (a) for a gas balloon- (i) two training flights of not less than two hours each in the appropriate areas of operation within sixty days prior to application for the rating; (ii) ten hours as PIC; and

(iii)

two flights involving a controlled ascent to 5000 feet above the launch site;

(b)

for a balloon with an airborne heater-

(i)

two training flights of two hours each in the appropriate areas of operation within sixty days prior to application for the rating;

(ii)

ten hours as PIC; and

(iii)

two flights involving a controlled ascent to 5000 feet above the launch site; and

(c)

for a free balloon- (i) the procedures and manoeuvres specified under subregulation (3) with a degree of competency appropriate to the privileges granted to the holder of a free balloon pilot licence; (ii) recognise and manage threats and errors; (iii) operate the free balloon within its limitations; (iv) complete all manoeuvres with smoothness and accuracy; (v) exercise good judgment and airmanship; (vi) apply aeronautical knowledge; and (vii) maintain control of the free balloon at all times in a manner such that the successful outcome of a procedure or manoeuvre is assured.

(2)

The applicant shall receive dual instruction in airships from an authorised flight instructor.

(3)

The instructor shall ensure that the applicant has operational experience in at least the following areas to the level of performance required for the commercial pilot- (a) recognition and management of threats and errors; (b) pre-flight operations, including mass and balance determination, airship inspection and servicing; (c) aerodrome and traffic pattern operations, collision avoidance precautions and procedures; (d) techniques and procedures for the take-off, including appropriate limitations, emergency procedures and signals used; (e) control of the airship by external visual reference; (f) recognition of leaks; (g) normal take-offs and landings; (h) maximum performance (short field and obstacle clearance) take-offs and short-field landings; (i) flight under IFR; (j) cross-country flying using visual reference, dead reckoning and where available, radio navigation aids; (k) emergency operations, including simulated airship equipment malfunctions; (l) operations to, from and transiting controlled aerodromes, compliance with air traffic services procedures; and (m) communication procedures and phraseology.

77. Privileges and limitations of a holder of CPL
(1)

Subject to compliance with the requirements specified in regulations 19, 21, 23, 25 and 45, the privileges of the holder of a CPL shall be-

(a)

to exercise all the privileges of the holder of a PPL in an aircraft within the appropriate aircraft category;

(b)

to perform the functions of a PIC of an aircraft within the appropriate aircraft category engaged in operations other than commercial air transportation;

(c)

to perform the functions of a PIC, in commercial air transportation, of an aircraft within the appropriate aircraft category and certificated for single- pilot operation;

(d)

to perform the functions of a co-pilot of an aircraft within the appropriate aircraft category required to be operated with a co-pilot; and

(e)

for the airship category, to pilot an airship under IFR.

(2)

Before exercising the privileges at night, the holder of a licence shall receive dual instruction in aircraft with in the appropriate category of aircraft in night flying including take-off, landing and navigation.

78. Renewal requirements for CPL A holder of a CPL shall apply for renewal of the licence

if the holder of the licence has logged as PIC or co-pilot within the six months preceding the date of application for renewal, the following hours (a) for aeroplanes and rotorcraft, not less than 6 hours and 6 take-offs and landings; and (b) for lighter than air, 3 hours and 3 launches and landings.

Multi-Crew Pilot Licence Appropriate to the Aeroplane Category (MPL)

79. Eligibility requirements for MPL
(1)

An applicant for MPL, shall- (a) not be less than eighteen years of age; (b) demonstrate the ability to speak and understand the English language in accordance with the language proficiency requirements specified in the Schedule 3; (c) meet at least one of the following requirements- (i) demonstrate a level of knowledge appropriate to the privileges granted to the holder of an airline transport pilot licence and appropriate to the aeroplane category in an approved training course; (ii) hold either a foreign MPL or a foreign ATPL and an instrument rating is sued by another contracting State; (d) meet the applicable aeronautical experience requirements of this sub-part before applying for the practical test; (e) pass a knowledge test on the applicable aeronautical knowledge areas specified in regulation 86 that apply to the aircraft category rating sought; (f) pass the practical test on the applicable areas of operation specified in regulation 80(2) that apply to the aircraft category sought; and (g) have valid class 1 medical certificate issued under these Regulations.

(2)

The applicant shall satisfactorily demonstrate the competencies identified in an adapted competency model to perform as a co-pilot of a turbine-powered air transport aeroplane certificated for operation with a minimum crew of at least two pilots.

80. Aeronautical knowledge and skill requirements for MPL
(1)

The applicant shall at least have met the requirements specified in regulation 85 for the ATPL appropriate to the aeroplane category in an approved training course as well as the additional requirement underpinning the approved adopted competency model.

(2)

The applicant shall demonstrate the underpinning skills required for the competencies of the approved adapted competency model of these Regulations as pilot flying and pilot monitoring, to the level required to perform as a co-pilot of turbine-powered aeroplanes certificated for operation with a minimum crew of at least two pilots under visual flight rules and instrument flight rules

(3)

Training in the underpinning knowledge requirements shall be fully integrated with the training of the underpinning skill requirements.

(4)

The applicant shall have demonstrated the underpinning skills required for the competencies of the approved adapted competency model as pilot flying and pilot monitoring, to the level required to perform as a co-pilot of turbine-powered aeroplanes certificated for operation with a minimum crew of at least two pilots under VFR and IFR. (5) The competency standards to be achieved and the associated performance criteria for the applicant of a MPL shall be publicly available.

81. Experience for MPL
(1)

An applicant for MPL shall have completed in an approved training course not less than two hundred fourty hours which includes actual and simulated flight as pilot flying and pilot monitoring.

(2)

Flight experience in actual flight shall include at least the experience requirements prescribed in regulation 64 (1) (a), upset prevention and recovery training, night flying and flight by reference solely to instruments.

(3)

In addition to meeting the provisions of subregulation (2), the applicant shall have gained in a turbine powered aeroplane certificated for operation with a minimum crew of at least two pilots, or in a flight simulation training device approved for the purpose of the authority in accordance with Schedule 4 to these Regulations, the experience necessary to achieve the final competency standard of the approved adapted competency model.

82. Flight instruction of MPL
(1)

The applicant shall complete a course of approved training covering the experience requirements specified in regulation 81.

(2)

The applicant shall have received dual flight instruction in order to achieve the final competency standard in competences of the approved adapted competency model, for the issue of the MPL.

83. Privileges and limitations of holder of MPL
(1)

Subject to compliance with the requirements specified in regulations 19, 21, 23, 25 and 45, the privileges of the holder of a MPL shall be- (a) to exercise all the privileges of the holder of a PPL in the aeroplane category provided the requirements of regulations 63 and 64 have been met; (b) to exercise the privileges of the instrument rating in a multi-crew operation; and (c) to act as co-pilot of an aeroplane required to be operated with a co-pilot.

(2)

Before exercising the privileges of the instrument rating in a single-pilot operation in aeroplanes, the holder of a licence shall demonstrate an ability to perform the duties of a PIC in a single-pilot operation exercised by reference solely to instruments and shall meet the skill requirement prescribed in regulation 104(3) appropriate to the aeroplane category.

(3)

Before exercising the privileges of a CPL in a single-pilot operation in aeroplanes, the holder of a licence shall-

(a)

complete in aeroplanes seventy hours, either as PIC or made up of not less than ten hours as PIC and the necessary additional flight time as PIC under supervision;

(b)

complete twenty hours of cross-country flight time as PIC or made up of not less than ten hours as PIC and ten hours as PIC under supervision, including a cross-country flight totaling not less than 540 km (300 NM) in the course of which full-stop landings at two different aerodromes shall be made; and

(c)

meet the requirements for the CPL specified in regulation 70, 71, 72, with the exception of 72 (1) (b) and 72 (3) and (4) appropriate to the aeroplane category.

84. Renewal requirements for MPL A holder

of MPL may apply for renewal of the licence where he or she has logged not less than six hours as PIC or co-pilot and has done six take-offs and landings within the six months preceding the date of application for renewal Airline Transport Pilot Licence (ATPL)

85. Eligibility requirements for ATPL An applicant

for ATPL shall (a) be at least twenty-one years of age;

(b)

demonstrate the ability to read, speak, write and understand the English language in accordance with the language proficiency requirements specified in Schedule 3 to these Regulations;

(c)

meet at least one of the following requirements-

(i)

hold a valid and current CPL and an instrument rating; (ii) meet the military experience requirements under regulation 30, to qualify for a CPL and an instrument rating if the person is a rated military pilot or former rated military pilot; or (iii) hold either a foreign ATPL or a foreign CPL and an instrument rating issued by another contracting State; (d) meet the applicable aeronautical experience requirements of this sub-part before applying for the practical test; (e) pass a knowledge test on the applicable aeronautical knowledge areas specified in regulation 86 that apply to the aircraft category and class rating sought; (f) pass the practical test on the applicable areas of operation specified in regulation 87, that apply to the aircraft category and class rating sought; and (g) have valid class 1 medical certificate issued under these regulations.

86. Aeronautical knowledge requirements for ATPL
(1)

An applicant for an ATPL, shall receive and record ground training in a manner prescribed by the authority, in the aeronautical knowledge areas that apply to aeroplane and helicopter aircraft categories.

(2)

An applicant shall demonstrate a level of knowledge appropriate to the privileges granted to the holder of an ATPL and appropriate to the category of aircraft intended to be included in the ATPL, in at least the following subjects-

(a)

rules and regulations relevant to the holder of ATPL including-

(ii)

rules of the air; and

(iii)

appropriate air traffic services practices and procedures;

(b)

aircraft general knowledge for aeroplanes, helicopters and powered-lifts including-

(i)

general characteristics and limitations of electrical, hydraulic, pressurisation and other aircraft systems; flight control systems, including autopilot and stability augmentation;

(ii)

principles of operation, handling procedures and operating limitations of aircraft power plants, effects of atmospheric conditions on engine performance, relevant operational information from the flight manual or other appropriate document;

(iii)

operating procedures and limitations of relevant category of aircraft, effects of atmospheric conditions on aircraft performance;

(iv)

use and serviceability checks of equipment and systems of appropriate aircraft;

(v)

flight instruments, compasses, turning and acceleration errors, gyroscopic instruments, operational limits and precession effects, practices and procedures in the event of malfunctions of various flight instruments and electronic display units; and

(vi)

maintenance procedures for airframes, systems and power plants of appropriate aircraft;

(c)

flight performance, planning and loading including- (i) effects of loading and mass distribution on aircraft handling, flight characteristics and performance, mass and balance calculations; (ii) use and practical application of take-off, landing and other performance data, including procedures for cruise control; (iii) pre-flight and en- route operational flight planning, preparation and filing of air traffic services flight plans, appropriate air traffic services procedures and altimeter setting procedures; and (iv) in the case of helicopters and powered-lifts, effects of external loading on handling;

(d)

human performance including principles of threat and error management relevant to the airline transport pilot;

(e)

meteorology including- (i) interpretation and application of aeronautical meteorological reports, charts and forecasts, codes and abbreviations; (ii) use of and procedures for obtaining, meteorological information, pre-flight and in-flight; (iii) altimetry; (iv) aeronautical meteorology, climatology of relevant areas in respect of the elements having an effect upon aviation, the movement of pressure systems, the structure of fronts and the origin and characteristics of significant weather phenomena which affect take- off, en-route and landing conditions;

(v)

causes, recognition and effects of engine and airframe icing; (vi) frontal zone penetration procedures, hazardous weather avoidance; and (vii) in the case of aeroplanes and powered lifts practical high-altitude meteorology, including interpretation and use of weather reports, charts, forecasts and Jetstream; (f) navigation- (i) air navigation, including the use of aeronautical charts, radio navigation aids and area navigation systems, specific navigation requirements for long- range flights; (ii) use, limitation and serviceability of avionics and instruments necessary for the control and navigation of aircraft; (iii) use, accuracy and reliability of navigation systems used in departure, en-route, approach and landing phases of flight; (iv) identification of radio navigation aids; and (v) principles and characteristics of self-contained and external-referenced navigation systems, operation of airborne equipment;

(g)

operational procedures- (i) application of threat and error management to operational performance; (ii) interpretation and use of aeronautical documentation such as aeronautical information publishing, NOTAM, aeronautical codes and abbreviations and instrument procedure charts for departure, en-route, descent and approach;

(iii)

precautionary and emergency procedures; (iv) safety practices associated with flight under instrument flight rules; (v) operational procedures for carriage of freight and dangerous goods; (vi) requirements and practices for safety briefing to passengers, including precautions to be observed when embarking and disembarking from aircraft; (vii) night and high-altitude; and (viii) in the case of helicopters, and if applicable, powered- lifts, settling with power, ground resonance, retreating blade stall, dynamic rollover and other operating hazards, safety procedures, associated with flight in VMC; (h) principles of flight principles of flight relating to aircraft, subsonic aerodynamics, compressibility effects, manoeuvre boundary limits, wing design characteristics, effects of supplementary lift and drag devices, relationships between lift, drag and thrust at various airspeeds and in different flight configurations; and (i) radiotelephony radiotelephony procedures and phraseology including action to be taken in case of communication failure.

(3)

The aeronautical knowledge areas applicable to helicopter category rating shall include all areas prescribed in subregulation (2) and in addition, the following areas- (a) helicopter general knowledge including- (i) general characteristics and limitations of electrical, hydraulic and other helicopter systems, flight control systems, including autopilot and stability augmentation;

(ii)

principles of operation, handling procedures and operating limitations of helicopter power plants, transmission power-trains, effects of atmospheric conditions on engine performance and relevant operational information from the flight manual; (iii) operating procedures and limitations of appropriate helicopters; (iv) effects of atmospheric conditions on helicopter performance; and (v) relevant operational information from the flight manual;

(b)

flight performance and planning including- (i) effects of loading and mass distribution, including external loads, on helicopter handling, flight characteristics and performance, mass and balance calculations; and (ii) causes, recognition and effects of engine, airframe and rotor, icing and hazardous weather avoidance;

(c)

navigation including use, accuracy and reliability of navigation systems, identification of radio navigation aids;

(d)

operational procedures including- (i) interpretation and use of aeronautical documentation such as aeronautical information publishing, NOTAM, aeronautical codes and abbreviations; (ii) precautionary and emergency procedures, settling with power, ground resonance, retreating blade stall, dynamic roll-over and other operating hazards, safety practices associated with flight under visual flight rules;

(iii)

operational procedures for carriage of freight, including external loads and dangerous goods; and (iv) requirements and practices for safety briefing to passengers, including precautions to be observed when embarking and disembarking from helicopters; and (e) principles of flight relating to helicopters.

(f)

radiotelephony including radiotelephony procedures and phraseology as applied to visual flight rules operations and action to be taken in case of communication failure.

(4)

In addition to the above subjects, the applicant for an ATPL applicable to an aeroplane or a powered-lift category shall meet the knowledge requirements for the instrument rating in regulation 104.

87. Skill requirements for ATPL
(1)

The applicant shall demonstrate the ability to perform, as PIC of an aircraft within the appropriate category required to be operated with a co-pilot, the following procedures and manoeuvres- (a) pre-flight procedures, including the preparation of the operational flight plan and filing of the air traffic services flight plan;

(b)

normal flight procedures and manoeuvres during all phases of flight;

(c)

abnormal and emergency procedures and manoeuvres related to failures and malfunctions of equipment, such as engine, systems and airframe;

(d)

procedures for crew incapacitation and crew coordination, including allocation of pilot tasks, crew cooperation and use of checklists; and

(e)

in the case of aeroplanes and powered-lifts, procedures and manoeuvres for instrument flight described in regulation 106 (2) including simulated engine failure. (2) In the case of an aeroplane, the applicant shall demonstrate the ability to perform the procedures and manoeuvres prescribed in subregulation (1) as PIC of a multi-engine aeroplane.

(3)

The applicant shall demonstrate the ability to perform the procedures and manoeuvres specified in subregulation (1) with a degree of competency appropriate to the privileges granted to the holder of an airline transport pilot licence, and to- (a) recognise and manage threats and errors; (b) smoothly and accurately, manually control the aircraft within its limitations at all times, such that the successful outcome of a procedure or manoeuvre is assured; (c) operate the aircraft in the mode of automation appropriate to the phase of flight and to maintain awareness of the active mode of automation; (d) perform, in an accurate manner, normal, abnormal and emergency procedures in all phases of flight; (e) exercise good judgment and airmanship, to include structured decision making and the maintenance of situational awareness; and (f) communicate effectively with other flight crew members and demonstrate the ability to effectively perform procedures for crew incapacitation, crew coordination, including allocation of pilot tasks, crew cooperation, adherence to SOPs and use of checklists.

88. Specific requirements for issuance of aeroplane category

rating (1) An applicant for ATPL-aeroplane shall complete not less than one thousand five hundred hours of flight time as a pilot of aeroplanes.

(2)

Notwithstanding subregulation (1), an applicant who has not completed one thousand five hundred hours of flight time, a maximum of one hundred hours may be credited to total up the one thousand five hundred hours of flight time if the applicant has acquired experience in the FSTD out of which not more than twenty five hours shall have been acquired in a flight procedure trainer or a basic instrument flight trainer. (3) The applicant shall complete in aeroplanes not less than- (a) five hundred hours as PIC under supervision or two fifty hours, either as PIC or made up by not less than seventy hours as PIC and the necessary additional flight time as PIC under supervision; (b) two hundred hours of cross-country flight time, of which not less than one hundred hours shall be as PIC or as PIC under supervision; (c) seventy five hours of instrument time, of which not more than thirty hours may be instrument ground time; and (d) one hundred hours of night flight as PIC or as co-pilot.

(4)

An applicant who has experience as a pilot under instruction in a FSTD may be credited with fifteen percent of the FSTD flight time as part of the total flight time of one thousand five hundred hours required in subregulation (1) provided the FSTD is approved for this purpose.

(5)

An applicant who has flight time as a pilot of a helicopter may have his or her flight time credited with fifty percent of flight time as PIC toward meeting the required flight time of a licence he or she is applying for.

(6)

The applicant shall receive dual flight instruction- (a) required in regulation 72 (3) and (4) for the issue of the CPL and required in regulation 106 for the issue of the instrument rating; or

(b)

required in regulation 82 for the issue of MPL.

89. Specific requirements for issuance of helicopter category

rating (1) An applicant for helicopter category rating shall complete not less than one thousand hours of flight time as a pilot of helicopters.

(2)

Notwithstanding subregulation (1), an applicant who has not completed one thousand hours of flight time, a maximum of one hundred hours may be credited to total up the one thousand hours of flight time if the applicant has acquired experience in the flight simulation training device out of which not more than twenty five hours shall have been acquired in a flight procedure trainer or a basic instrument flight trainer.

(3)

The applicant shall complete in helicopters not less than-

(a)

two hundred fifty hours, either as PIC, or made up of not less than seventy hours as PIC and the necessary additional flight time as PIC under supervision; (b) two hundred hours of cross-country flight time, of which not less than one hundred hours shall be as PIC or as PIC under supervision; (c) thirty hours of instrument time, of which not more than ten hours may be instrument ground time; and (d) fifty hours of night flight as PIC or as co-pilot.

(4)

An applicant who has flight time as a pilot of aircraft in other categories, shall, notwithstanding the requirement of subregulation (1) be credited with flight time from the said category by the authority as prescribed in the applicable technical guidance material provided that the credited time does not exceed fifty percent.

(5)

The applicant shall receive the flight instruction required for the issue of CPL in regulation 73 (3) and (4).

(6)

The instrument time specified in subregulation (3) (c) and the night flying time specified in subregulation (3) (d) shall not entitle the holder of the ATPL-helicopter to pilot helicopters under instrument flight rules

90. Specific requirements for issuance of powered-lift category

rating (1) An applicant of powered-lift category rating shall complete not less than one thousand five hundred hours of flight time as a pilot of powered-lifts.

(2)

The authority shall determine whether experience as a pilot under instruction under flight simulation training device is acceptable as part of the total flight time.

(3)

The applicant shall complete in powered-lifts not less than- (a) two hundred fifty hours, either as PIC, or made up of not less than seventy hours as PIC and the necessary additional flight time as PIC under supervision; (b) one hundred hours of cross-country flight time, of which not less than fifty hours should be as PIC or as PIC under supervision; (c) seventy five hours of instrument time, of which not more than thirty hours may be instrument ground time; and (d) twenty five hours of night flight as PIC or as co-pilot.

(4)

An applicant who has flight time as a pilot of aircraft in other categories shall notwithstanding the requirement of subregulation (1) be credited with flight time from the said category by the authority as prescribed in the applicable technical guidance material provided that the credited time does not exceed fifty percent.

(5)

The applicant shall receive dual flight instruction- (a) required in regulation 73(3) and (4) for the issue of CPL; and (b) required in regulation 106 for the issue of the instrument rating.

91. Privileges and limitations for ATPL
(1)

Subject to compliance with the requirements specified in regulations 19, 21, 23, 25 and 45, the privileges of the holder of ATPL shall be- (a) to exercise all the privileges of the holder of a private and CPL in an aircraft within the appropriate aircraft category and in the case of a licence for the aeroplane and powered- lift categories of the instrument rating; and (b) to perform the duties of a PIC, in commercial air transportation, of an aircraft within the appropriate category and certificated for operation with more than one pilot.

(2)

Where the holder of an ATPL in the aeroplane category has previously held only MPL, the privileges of the licence shall be limited to multi-crew operations unless the holder has met the requirements specified in regulations 83(1)(a), (2) and (3) as appropriate.

(3)

Any limitation of privileges shall be endorsed on the licence.

92. Renewal requirements for ATPL A holder

of ATPL may apply for renewal of the licence where he or she has logged not less than 6 hours as PIC or co-pilot and has done six take-offs and landings within the six months preceding the date of application for renewal Glider Pilot Licence (GPL)

93. General eligibility requirements for GPL
(1)

An applicant for GPL shall not be less than sixteen years of age.

(2)

The applicant shall hold a current class 2 medical assessment.

94. Aeronautical knowledge and skill requirement for GPL
(1)

An applicant for GPL shall demonstrate a level of knowledge appropriate to the privileges granted to the holder of GPL in at least the following subjects- (a) air law including- (i) rules and regulations relevant to the holder of GPL;

(ii)

rules of the air; and

(iii)

appropriate air traffic services practices and procedures;

(b)

aircraft general knowledge including-

(i)

principles of operation of glider systems and instruments;

(ii)

operating limitations of gliders; and

(iii)

relevant operational information from the flight manual or other appropriate document;

(c)

flight performance, planning and loading including-

(i)

effects of loading and mass distribution on flight characteristics, mass and balance considerations;

(ii)

use and practical application of launching, landing and other performance data; and (iii) pre-flight and en-route flight planning appropriate to operations under VFR, appropriate air traffic services procedures, altimeter setting procedures and operations in areas of high-density traffic; (d) human performance relevant to the glider pilot including principles of TEM;

(e)

meteorology including- (i) application of elementary aeronautical meteorology; (ii) use of, and procedures for obtaining, meteorological information; (iii) altimetry;

(f)

navigation including- (i) practical aspects of air navigation and dead- reckoning techniques; (ii) use of aeronautical charts;

(g)

operational procedures including- (i) use of aeronautical documentation such as AIP, NOTAM, aeronautical codes and abbreviations; (ii) different launch methods and associated procedures; (iii) appropriate precautionary and emergency procedures, including action to be taken to avoid hazardous weather, wake turbulence and other operating hazards; and (h) principles of flight relating to gliders.

(2)

The applicant shall have demonstrated a level of knowledge appropriate to the privileges to be granted to a holder of GPL, in communication procedures and phraseology as appropriate to VFR operations and on action to be taken in case of communication failure.

(3)

An applicant for GPL shall demonstrate the ability to perform as PIC of a glider the procedures and maneuvers described in regulation 95 (3) with a degree of competency appropriate to the privileges to be granted to the holder of a GPL and to- (a) recognise and manage threat errors;

(b)

operate the glider within its limits;

(c)

complete all maneuvers with smoothness and accuracy;

(d)

exercise good judgment and airmanship;

(e)

apply aeronautical knowledge; and

(f)

maintain control of a glider at all times in a manner such that the successful outcome, procedure or maneuver is ensured.

95. Experience required for GPL
(1)

An applicant for GPL shall complete not less than six hours of flight time as a pilot of gliders including two hours of solo flight time during which not less than twenty launches and landings have been performed.

(2)

An applicant who has flight time as a pilot of aircraft in other categories shall notwithstanding the requirement of subregulation (1) be credited with flight time from the said category by the authority provided that the credited time does not exceed fifty percent.

(3)

The applicant for GPL shall gain operational experience in gliders, under appropriate supervision, in at least the following areas- (a) pre-flight operations, including glider assembly and inspection; (b) techniques and procedures for the launching method used, including appropriate airspeed limitations, emergency procedures and signals used; (c) traffic pattern operations, collision avoidance precautions and procedures; (d) control of the glider by external visual reference; (e) flight throughout the flight envelope; (f) recognition of, and recovery from, incipient and full stalls and spiral dives; (g) normal and crosswind launches, approaches and landings; (h) cross-country flying using visual reference and dead reckoning; and (i) emergency procedures.

96. Privileges and limitation of GPL
(1)

Subject to compliance with the requirements specified in regulations 19, 21, 23 and 45, the privileges of the holder of GPL shall perform the duties of a PIC of any glider provided the holder of GPL has operational experience in the launching method used.

(2)

Where passengers are to be carried, the holder of GPL shall complete not less than ten hours of flight time as a pilot of gliders.

Free Balloon Pilot Licence (FBPL)

97. Requirements for issue of FBPL
(1)

An applicant for FBPL shall not be less than sixteen years of age.

(2)

The applicant shall hold a current class 2 medical assessment.

98. Aeronautical knowledge requirement for FBPL
(1)

An applicant for FBPL shall have demonstrated of knowledge appropriate to the privileges granted to the holder of FBPL in at least the following subjects- (a) air law including- (i) rules and regulations relevant to the holder of FBPL; (ii) rules of the air; (iii) appropriate air traffic services practices and procedures; (b) aircraft general knowledge including- (i) principles of operation of free balloon systems and instruments; (ii) operating limitations of free balloons; (iii) relevant operational information from the flight manual or other appropriate document; and (iv) physical properties and practical application of gases used in free balloons; (c) flight performance, planning and loading including- (i) effects of loading on flight characteristics and mass calculations; (ii) use and practical application of launching, landing and other performance data, including the effect of temperature; (iii) pre-flight and en-route flight planning appropriate to operations under VFR;

(iv)

appropriate air traffic services procedures and altimeter setting procedures; and (v) operations in areas of high-density traffic; (d) human performance relevant to the free balloon pilot including principles of threats error management; (e) meteorology including- (i) application of elementary aeronautical meteorology; (ii) use of, and procedures for obtaining, meteorological information; and (iii) altimetry; (f) navigation including- (i) practical aspects of air navigation and dead- reckoning techniques; and (ii) use of aeronautical charts; (g) operational procedures including- (i) use of aeronautical documentation such as aeronautical information publication, notice to airmen, aeronautical codes and abbreviations; and (ii) appropriate precautionary and emergency procedures, including action to be taken to avoid hazardous weather, wake turbulence and other operating hazards; and (h) principles of flight relating to free balloons.

(2)

The applicant shall have demonstrated a level of knowledge appropriate to the privileges to be granted to a holder of a FBPL, in communication procedures and phraseology as appropriate to visual flight rules operations and on action to be taken in case of communication failure.

99. Experience required for FBPL
(1)

An applicant for FBPL shall complete not less than sixteen hours of flight time as a pilot of free balloons including at least eight launches and ascents of which one shall be solo.

(2)

The applicant shall gain, under appropriate supervision, operational experience in free balloons in at least the following areas- (a) pre-flight operations, including balloon assembly, rigging, inflation, mooring and inspection; (b) techniques and procedures for the launching and ascent, including appropriate limitations, emergency procedures and signals used; (c) collision avoidance precautions; (d) control of the free balloon by external visual reference; (e) recognition of, and recovery from, rapid descents; (f) cross-country flying using visual reference and dead reckoning; (g) approaches and landings, including ground handling; and (h) emergency procedures.

(3)

Where the privileges of FBPL are to be exercised at night, the applicant shall gain, under appropriate supervision, operational experience in free balloons in night flying.

(4)

Where passengers are to be carried for remuneration or hire, the holder of FBPL shall complete not less than thirty five hours of flight time including twenty hours as a pilot of a free balloon.

100. Skill requirements for FBPL An applicant

for FBPL shall demonstrate the ability to perform as PIC of a free balloon the procedures and manoeuvres specified in regulation 99 (2) with a degree of competency appropriate to the privileges granted to the holder of a FBPL, and to- (a) recognise and manage threats and errors management (TEM); (b) operate the free balloon within its limitations; (c) complete all manoeuvres with smoothness and accuracy; (d) exercise good judgment and airmanship; (e) apply aeronautical knowledge; and (f) maintain control of the free balloon at all times in a manner such that the successful outcome of a procedure or manoeuvre is assured.

101. Privileges and limitations of FBPL
(1)

Subject to compliance with the requirements specified in regulations 19, 21, 23,25, and 99 (4), the privileges of the holder of FBPL shall perform the duties of the PIC of any free balloon provided that the holder of FBPL has operational experience in hot air or gas balloons as appropriate.

(2)

Before exercising the privileges at night, the holder of FBPL shall comply with the requirements prescribed in regulation 99(3).

102. Renewal requirements for FBPL A holder

of FBPL may apply for renewal of the licence where he or she has logged 3 hours, including 3 launches and landings, as PIC within the 6 months preceding the date of application for renewal Instrument Rating

103. General requirements for issue of Instrument Rating
(1)

A holder of a pilot licence shall not perform the duties of either a PIC or as co-pilot of an aircraft under instrument flight rules unless he or she has received an IR endorsement appropriate to the aircraft category.

(2)

An applicant for IR shall- (a) hold a PPL or CPL with an aircraft category and type rat- ing for the instrume trating sought; (b) receive a logbook or training record endorsement from an authorised instructor certifying that the person is prepared to take the required practical test; (c) pass the required knowledge test on the aeronautical knowledge areas, unless the applicant already holds an instrument rating in another category; and (d) pass the required practical test on the areas of operation in- (i) the aircraft category and type appropriate to the rating sought; or (ii) a synthetic flight trainer or a flight training device appropriate to the rating sought and approved for the specific manoeuvre or procedure performed.

(3)

The applicant shall receive dual instrument flight instruction from an authorised flight instructor and the instructor shall ensure that the applicant has operational experience in flight by reference solely to instruments, including the completion of a level 180° turn, in a suitably instrumented aircraft.

104. Aeronautical knowledge and skill requirements for IR
(1)

An applicant for IR (aeroplanes and helicopters) shall receive and record ground training from an authorised instructor on the subjects listed in subregulation (2).

(2)

The applicant shall have demonstrated a level of knowledge appropriate to the privileges granted to the holder of IR in at least the following subjects-

(a)

air law including- (i) rules and regulations relevant to flight under IFR; and (ii) related to air traffic services practices and procedures; (b) aircraft general knowledge for the aircraft category being sought- (i) use, limitation and serviceability of avionics and instruments necessary for the control and navigation of aircraft under instrument flight rules and in instrument meteorological conditions, use and limitations of autopilot; (ii) compasses, turning and acceleration errors; (iii) gyroscopic instruments, operational limits and precession effects; and (iv) practices and procedures in the event of malfunctions of various flight instruments; (c) flight performance and planning for the aircraft category being sought- (i) pre-flight preparations and checks appropriate to flight under instrument flight rules; (ii) operational flight planning; and (iii) preparation and filing of air traffic services flight plans under instrument flight rules; altimeter setting procedures; (d) human performance for the aircraft category being sought relevant to instrument flight in aircraft including principles of threat and error management; (e) meteorology for the aircraft category being sought- (i) application of aeronautical meteorology, interpretation and use of reports, charts and forecasts;

(ii)

codes and abbreviations; (iii) use of, and procedures for obtaining, meteorological information; (iv) altimetry; and (v) causes, recognition and effects of engine and airframe icing; frontal zone penetration procedures and hazardous weather avoidance; (f) navigation for the aircraft category being sought - (i) practical air navigation using radio navigation aids; and (ii) use, accuracy and reliability of navigation systems used in departure, en-route, approach and landing phases of flight; identification of radio navigation aids; (g) operational procedures for the aircraft category being sought- (i) interpretation and use of aeronautical documentation such as aeronautical information publishing, NOTAM, aeronautical codes and abbreviations and instrument procedure charts for departure, en-route, descent and approach; (ii) precautionary and emergency procedures; (iii) and safety practices associated with flight under instrument flight rules; (iv) obstacle clearance criteria; and (v) application of threat and error management to operational performance; and (h) radiotelephony- (i) radiotelephony procedures and phraseology as applied to aircraft operations under instrument flight rules; and

(ii)

action to be taken in case of communication failure.

(3)

The applicant shall demonstrate the skill in an aircraft of the category for which the IR is being sought the ability to perform the procedures and manoeuvres specified in regulation 106 (2) with a degree of competency appropriate to the privileges granted to the holder of IR, and to- (a) recognise and manage threats and errors; (b) operate the aircraft for the category being sought, within its limitations; (c) complete all manoeuvres with smoothness and accuracy; (d) exercise good judgment and airmanship; (e) apply aeronautical knowledge; and (f) maintain control of the aircraft at all times in a manner such that the successful outcome of a procedure or manoeuvre is assured.

(4)

The applicant shall have demonstrated the ability to operate multi- engine aircraft within the appropriate category by reference solely to instruments with one engine inoperative, or simulated inoperative, if the privileges of the IR are to be exercised on such aircraft.

(5)

An applicant who holds a PPL shall establish their hearing acuity on the basis of compliance with the hearing requirements for the issue of a class 1 medical assessment.

(6)

An applicant who is a holder of PPL shall comply with the physical, mental and visual requirements for issue of a class one medical assessment.

105. Specific experience requirements for IR
(1)

An applicant for IR shall hold PPL, CPL or ATPL for the aircraft category being sought.

(2)

The applicant shall have completed not less than- (a) fifty hours of cross-country flight time as PIC of aircraft in categories acceptable to the authority, of which not less than ten hours shall be in the aircraft category being sought; and (b) fourty hours of instrument time in aircraft of which not more than twenty hours, or thirty hours where a flight simulator is used, may be instrument ground time.

(3)

The ground time shall be under the supervision of an authorised instructor.

106. Flight instruction for IR
(1)

An applicant for IR shall have not less than ten hours of the instrument flight time required in regulation 105(2) (b) while receiving dual instrument flight instruction in the aircraft category being sought, from an authorised flight instructor.

(2)

The instructor shall ensure that the applicant has operational experience in at least the following areas to the level of performance required for the holder of IR- (a) pre-flight procedures, including the use of the flight manual or equivalent document and appropriate air traffic services documents in the preparation of an IFR flight plan; (b) pre-flight inspection, use of checklists, taxiing and pre- take-off checks; (c) procedures and manoeuvres for IFR operation under normal, abnormal and emergency conditions covering at least- (i) transition to instrument flight on take-off; (ii) standard instrument departures and arrivals;

(iii)

en-route IFR procedures; (iv) holding procedures; (v) instrument approaches to specified minima; (vi) missed approach procedures; and (vii) landings from instrument approaches; and (d) in-flight manoeuvres and particular flight characteristics.

(3)

Where the privileges of IR are to be exercised on multiengine aircraft, the applicant shall have received dual instrument flight instruction in a multi-engine aircraft within the appropriate category from an authorised flight instructor.

(4)

The instructor shall ensure that the applicant has operational experience in the operation of the aircraft within the appropriate category by reference solely to instruments with one engine inoperative or simulated inoperative.

107. Privileges and limitations for IR
(1)

The privileges of the holder of IR with a specific aircraft category shall be to pilot that category of aircraft under instrument flight rules subject to compliance with the requirements specified in regulations 19, 21 and 45.

(2)

Before exercising the privileges on multi-engine aircraft, the holder of IR shall comply with the requirements of regulation 104 (4).

108. Renewal requirements for IR An applicant

for renewal of IR shall pass a flight test either on an aircraft or an approved synthetic flight trainer of an aircraft type rating included in the pilot licence

109. General requirements for issue of Flight Instructor Rating
(1)

An applicant for a Flight Instructor Rating (FIR) shall- (a) hold either a CPL or ATPL with- (i) an aircraft category and class rating that is appropriate to the flight instructor rating sought; and (ii) an instrument rating, where the person holds a CPL and is applying for a flight instructor rating with- (aa) an aeroplane category and multi-engine class rating; and (bb) an instrument rating; (b) have received a logbook endorsement from an authorised instructor on the fundamentals of instructing specified in regulation 109 (2) appropriate to the required knowledge test; (c) pass a knowledge test in the areas prescribed in regulation 110 (2); (d) have received a logbook endorsement from an authorised instructor in the areas of operation prescribed in regulation 113, appropriate to the flight instructor rating sought; (e) have passed the required practical test in the areas of operations specified in regulation 113, that is appropriate to the flight instructor rating sought in- (i) an aircraft that is representative of the category and class of aircraft for the aircraft rating sought; or (ii) an approved synthetic flight trainer that is representative of the category and class of aircraft for the rating sought, and used in accordance with an approved course at an approved training organisation certificated under the Civil Aviation (Approved Training Organisations) Regulations, 2022. (f) have accomplished the following for a flight instructor rating with an aircraft rating-

(i)

receive a logbook endorsement from an authorised instructor indicating that the applicant is competent and possesses instructional proficiency in stall awareness, spin entry, spins, and spin recovery procedures after receiving flight training in those training areas in an aircraft, as appropriate, that is certificated for spins; and (ii) demonstrate instructional proficiency in stall awareness, spin entry, spins, and spin recovery procedures; (g) log at least 15 hours as PIC in the category, class and type of aircraft that is appropriate to the flight instructor rating sought; and (h) comply with the appropriate regulations that apply to the flight instructor rating sought.

(2)

For the purpose of the requirement of subregulation (1) (f) (ii), the authority may accept the endorsement specified in subregulation (1) (f) (i) as satisfactory evidence of instructional proficiency in stall awareness, spin entry, spins, and spin recovery procedures for the practical test, provided that the practical test is not a retest as a result of the applicant failing the previous test for deficiencies in those knowledge or skill areas.

(3)

Where the retest referred in subregulation (2) is the result of deficiencies in the ability of an applicant to demonstrate the requisite knowledge or skill, the applicant shall demonstrate the knowledge and skill to an examiner in an aircraft, as appropriate, that is certificated for spins.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “General requirements for issue of Flight Instructor Rating”.

“(1) An applicant for a Flight Instructor Rating (FIR) shall- (a) hold either a CPL or ATPL with- (i) an aircraft category and class rating that is appropriate to the flight instructor rating sought; and (ii) an instrument rating, where the person holds a CPL and is applying for a flight instructor rating with- (aa) an aeroplane category and multi-engine class rating; and (bb) an instrument rating; (b) have received a logbook endorsement from an authorised instructor on the fundamentals of instructing specified in…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) An applicant for a Flight Instructor Rating (FIR) shall- (a) hold either a CPL or ATPL with- (i) an aircraft category and class rating that is appropriate to the flight instructor rating sought; and (ii) an instrument rating, where the person holds a CPL and is applying for a flight instructor rating with- (aa) an aeroplane category and multi-engine class rating; and (bb) an instrument rating; (b) have received a logbook endorsement from an authorised instructor on the fundamentals of instructing specified in regulation 109 (2) appropriate to the required knowledge test; (c) pass a knowledge test in the areas prescribed in regulation 110 (2); (d) have received a logbook endorsement from an authorised instructor in the areas of operation prescribed in regulation 113, appropriate to the flight instructor rating sought; (e) have passed the required practical test in the areas of operations specified in regulation 113, that is appropriate to the flight instructor rating sought in- (i) an aircraft that is representative of the category and class of aircraft for the aircraft rating sought; or (ii) an approved synthetic flight trainer that is representative of the category and class of aircraft for the rating sought, and used in accordance with an approved course at an approved training organisation certificated under the Civil Aviation (Approved Training Organisations) Regulations, 2022. (f) have accomplished the following for a flight instructor rating with an aircraft rating-
  2. (i) receive a logbook endorsement from an authorised instructor indicating that the applicant is competent and possesses instructional proficiency in stall awareness, spin entry, spins, and spin recovery procedures after receiving flight training in those training areas in an aircraft, as appropriate, that is certificated for spins; and (ii) demonstrate instructional proficiency in stall awareness, spin entry, spins, and spin recovery procedures; (g) log at least 15 hours as PIC in the category, class and type of aircraft that is appropriate to the flight instructor rating sought; and (h) comply with the appropriate regulations that apply to the flight instructor rating sought.
  3. (2) For the purpose of the requirement of subregulation (1) (f) (ii), the authority may accept the endorsement specified in subregulation (1) (f) (i) as satisfactory evidence of instructional proficiency in stall awareness, spin entry, spins, and spin recovery procedures for the practical test, provided that the practical test is not a retest as a result of the applicant failing the previous test for deficiencies in those knowledge or skill areas.
  4. (3) Where the retest referred in subregulation (2) is the result of deficiencies in the ability of an applicant to demonstrate the requisite knowledge or skill, the applicant shall demonstrate the knowledge and skill to an examiner in an aircraft, as appropriate, that is certificated for spins.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
110. Aeronautical knowledge requirements for issue of FIR
(1)

An applicant for FIR shall meet the knowledge requirements for the issue of CPL as appropriate to the category of aircraft included in the licence.

(2)

In addition, to the requirements of subregulation (1) the applicant shall have demonstrated a level of knowledge appropriate to the privileges granted to the holder of FIR, in the following areas- (a) techniques of applied instruction; (b) assessment of student performance in the subjects in which ground instruction is given; (c) the learning process; (d) the elements of effective teaching; (e) student evaluation and testing, training philosophies; (f) training programme development; (g) lesson planning; (h) classroom instructional techniques; (i) use of training aids including flight simulation training devices as appropriate; (j) analysis and correction of student errors; (k) human performance relevant to flight instruction including principles of threat and error management; and (l) hazards involved in simulating system failures and malfunctions in the aircraft.

111. Skill requirements for issue of FIR

An applicant for FIR shall demonstrate in the category, class and type of aircraft for which flight instructor privileges are sought, the ability to instruct in the areas in which flight instruction is to be given, including pre-flight, post-flight and ground instruction as appropriate

112. Experience requirements for issue of FIR An applicant for FIR shall meet the experience requirements for the issue of CPL as specified in regulations 72
(1)

, 73 (1), 74 (1) and 75(1) for each aircraft category, as appropriate.

113. Flight instruction requirements for issue of FIR

An applicant shall, under the supervision of a flight instructor authorised by the authority for that purpose

(a)

receive not less than twenty hours in flight instructional techniques including demonstration, student practices, recognition and correction of common student errors; and (b) practice instructional techniques in those flight manoeuvres and procedures in which it is intended to provide flight instruction.

114. Flight instructor trainee records
(1)

A holder of a FIR shall- (a) sign the logbook or any other approved record keeping document of each person to whom that instructor has given flight training or ground training; (b) maintain a record in a logbook or a separate document that contains the following- (i) the name of each person whose logbook that instructor has endorsed for solo flight privileges and the date of the endorsement; and (ii) the name of each person that instructor has endorsed for a knowledge test or practical test and a record of the kind of test, the date and the results; and (c) retain the records required by this regulation for 3 years from the date of giving the flight training or ground training.

115. Additional category, class or type for FIR An applicant for an

additional category, class or type of aircraft on FIR shall have met the eligibility requirements specified in regulation 111 that apply to the flight instructor rating sought

116. Privileges, limitations and qualifications for FIR
(1)

Subject to compliance with regulations 18 and 25, the privileges of a Flight Instructor shall be- (a) to supervise solo lights by student pilots; and (b) to carry out flight and ground instructions for the issue or renewal of- (i) PPL; (ii) CPL; (iii) IR; and (iv) FIR.

(2)

The privileges of FIR shall be endorsed on the licence as- (a) grade 1; (b) grade 2; and (c) grade 3.

(3)

A holder of grade 1 endorsement is authorised to- (a) exercise all privileges of grade 2 endorsement; (b) authorise a student pilot for a solo flight in an aircraft of the specified category and for a general flight test (GFT); (c) supervise flight training activities of holders of grade 2 and grade 3 endorsement; and (d) conduct training for flight instructor rating.

(4)

A holder of grade 2 endorsement is authorised to- (a) exercise all privileges of grade 3 training endorsement;

(b)

conduct flight training for CPL;

(c)

recommend a student pilot for a solo flight in an aircraft of the specified category; (d) recommend students for GFT; (e) supervise a solo flight by a student during day or night, or release a student on a solo cross-country; (f) supervise flight training activities of holders of grade 3 endorsement; and (g) conduct instrument and night training.

(5)

A holder of grade 3 endorsement is authorised to- (a) conduct flight training for PPL; (b) recommend a student pilot to conduct a solo flight in an aircraft of the specified category, other than the student's first solo flight in an aircraft of that category; and (c) conduct flight training for a single-engine aircraft class rating for aircraft of the specified category.

(6)

A holder of a grade 3 training endorsement shall exercise the privileges of the endorsement- (a) by day under the VFR; and (b) under supervision of a holder of a grade 1 or grade 2 training endorsement.

(7)

The applicant for FIR who meets the requirements for issue of the rating but does not qualify for grade 1 or for grade 2 endorsement shall qualify for a grade 3 endorsement.

(8)

A holder of a FIR may apply for a grade 2 training endorsement where he or she- (a) has completed six months of instructional duties or 200 hours experience as an instructor, whichever is greater;

(b)

has a minimum of four hundred hours experience as pilot in command of aircraft; and (c) is a holder of a professional pilot licence with instrument and night rating privileges.

(9)

A holder of FIR may apply for a grade 1 training endorsement where he or she- (a) has completed twelve months of instructional duties or seven hundred hours experience as an instructor, whichever is greater; (b) has a minimum of five hundred hours experience as PIC of aircraft; and (c) is a holder of a professional pilot licence with instrument and night rating privileges.

(10)

An applicant for grade 1 and grade 2 endorsement shall pass the practical test for the grade endorsement sought in- (a) an aircraft that is representative of the category and class of aircraft for the aircraft grade endorsement sought; or (b) an approved flight simulation training device that is representative of the category and class of aircraft for the grade endorsement sought and used in accordance with an approved course at an approved training organisation certificated under the Civil Aviation (Approved Training Organisations) Regulations, 2022. (11) The practical test referred to in subregulation (10) shall be conducted by a person duly authorised by the authority.

(12)

A holder of a flight instructor grade endorsement shall not conduct aerobatic and formation flight training unless he or she is authorised by the authority. (13) To exercise the privileges in subregulation (1), a flight instructor shall-

(a)

hold a licence and rating for which instruction is to be given in the appropriate aircraft category; (b) hold a licence and rating necessary to act as the PIC of the aircraft on which the instruction is to be given; and (c) have the flight instructor privileges entered on the licence.

(14)

A flight instructor shall not carry out instruction on a flight simulation training device required for the issue of a pilot licence or rating unless he or she- (a) holds or has held an appropriate licence; (b) has appropriate flight training and flight experience; and (c) has received authorisation from the authority.

(15)

The applicant, in order to carry out instruction for the MPL, shall have met all the instructor qualification requirements and ccompleted an approved course of training in multi-crew co-operation.

(16)

A holder of a FIR shall observe the limitations and qualifications specified in this regulation.

(17)

In any twenty four consecutive-hour period, a flight instructor shall not conduct more than eight hours of flight training.

(18)

A flight instructor shall not conduct flight training in any aircraft for which the flight instructor does not hold- (a) a valid pilot licence with the applicable category and class rating and flight instructor rating; (b) if appropriate, a type-rating; or (c) for instrument flight training or for training for a type rating not limited to visual flight rules, an appropriate instrument rating on his pilot licence and flight instructor rating.

(19)

A flight instructor shall not endorse-

(a)

a student pilot's logbook for solo flight privileges, unless that flight instructor has-

(i)

given that student the flight training required for solo flight privileges required under these Regulations;

(ii)

determined that the student is prepared to conduct the flight safely under known circumstances, subject to any limitations listed in the student's logbook that the instructor considers necessary for the safety of the flight;

(iii)

given the student pilot training in the make and model of aircraft or a similar make and model of aircraft in which the solo flight is to be flown; and

(iv)

endorsed the student pilot's logbook for the specific make and model aircraft to be flown;

(b)

a student pilot's logbook for a solo cross-country flight, unless the flight instructor has determined that-

(i)

the student's flight preparation, planning, equipment, and proposed procedures are adequate for the proposed flight under the existing conditions and within any limitations listed in the logbook that the instructor considers necessary for the safety of the flight; and

(ii)

the student has the appropriate solo cross-country endorsement for the make and model of aircraft to be flown; (c) a logbook of a pilot for a flight check-out, unless that instructor has conducted are view of that pilot in accordance with the requirements of regulation 38; and

(d)

a logbook of a pilot for an instrument proficiency check, unless that instructor has tested that pilot in accordance with the requirements of the Civil Aviation (Operation of Aircraft) (General Aviation) (Aeroplanes) Regulations, 2022 and the Civil Aviation (Operation of Aircraft) (Commercial Air Transport and General Aviation) (Helicopters) Regulations, 2022. (20) A Flight Instructor shall not give training required for the issue of a licence or rating in a multi-engine aeroplane or helicopter unless that flight instructor has at least five flight hours of PIC time in the specific make and model of multi-engine aeroplane or helicopter, as appropriate. (21) A Flight Instructor shall not provide instruction to a pilot to qualify for a FIR unless that flight instructor- (a) holds an appropriate valid FIR and has exercised the privileges of that rating within the last twelve months; (b) has given two hundred hours of flight training as a Flight Instructor in the relevant aircraft category; and (c) in the case of glider rating, has given at least eighty hours of flight training as a Flight Instructor in gliders.

117. Renewal requirements for FIR
(1)

A FIR that has not expired, may be renewed for an additional twelve months where the applicant- (a) passes a practical test for- (i) renewal of the FIR; or (ii) an additional FIR. (b) presents to the authority- (i) a record of training students showing that during twelve months preceding the date of application for renewal of the rating, the Flight Instructor has endorsed at least 5 students for a practical test for a licence or rating and at least eighty percent of those students passed that test on the first attempt;

(ii)

a record that shows that within the preceding twelve months, the flight instructor has served as a Flight Instructor and has logged not less than twenty instructional hours; or

(iii)

a certificate showing that the applicant has successfully completed an approved Flight Instructor refresher course consisting of ground training or flight training or both, within the ninenty days preceding the date of the expiry of the FIR.

118. Re-issue of expired FIR
(1)

An expired FIR shall not be re-issued unless- (a) the applicant has received a refresher training from an authorised instructor and has received an endorsement that he or she is prepared for the practical test; and (b) he or she has passed the prescribed practical test conducted by the authorised examiner.

(2)

Notwithstanding subregulation (1), an expired flight instructor rating may be renewed where the applicant meets the renewal requirements in regulation 117.

119. Category rating
(1)

Where a category rating is required, the category ratings shall be of categories of aircraft listed in regulation 5(1) (a) of these Regulations. (2) A category rating shall not be endorsed on a licence where the category is included in the title of the licence.

(3)

Any additional category endorsed in a pilot licence shall indicate the level of the licence privileges on which the category rating is granted.

(4)

The holder of a pilot licence seeking additional category rating shall meet the requirement of these Regulations appropriate to the privileges for which the category rating is sought.

(5)

A pilot seeking a category rating shall- (a) receive the required training and possess the aeronautical experience prescribed by these Regulations for the aircraft category and, if applicable, class and type rating sought; (b) have an endorsement in that pilot's logbook or training record from an authorised instructor that the applicant has been found competent in the following areas, as appropriate to the pilot licence for the aircraft category and, if applicable, class and type rating sought- (i) aeronautical knowledge areas; and (ii) areas of operation; and (c) pass the knowledge and practical test that is appropriate to the pilot licence for the aircraft category and, if applicable, the class rating sought.

120. Class rating
(1)

Class ratings shall be established for aeroplanes certificated for single pilot operations and shall be classified as specified in regulation 5(1) (b) of these regulations.

(2)

Subject to subregulation (1), class ratings may be established for helicopters and powered-lift certificated for single pilots operations and which have comparable handling, performance and other characteristics.

(3)

A pilot seeking an additional class rating- (a) shall have an endorsement in that pilot's logbook or training record from an authorised instructor that the applicant has been found competent in the following areas, as appropriate to the pilot licence and for the aircraft class ratings ought- (i) aeronautical knowledge area; and (ii) areas of operation; and (b) shall pass the practical test applicable to the pilot licence for the aircraft class rating sought.

(4)

Where the applicant holds an aeroplane, rotorcraft or airship category at the pilot licence level, he or she shall not be required to meet the training time requirements specified under these Regulations for the aircraft class rating sought and shall not undertake an additional knowledge test.

121. Type rating
(1)

A pilot shall hold a type rating for the aircraft in order to perform the duties of PIC of- (a) an aircraft certificated for at least two pilots; (b) helicopters and powered-lifts certificated for single-pilot operation except where a class rating has been issued; or (c) any aircraft considered necessary by the authority.

(2)

A person shall not perform the duties of a commercial pilot in an aeroplane of which the maximum certificated take-off mass of over 2,300 kg unless that person's licence includes IR.

(3)

A pilot seeking an aircraft type rating to be included in a pilot licence or the addition of an aircraft type rating that is accomplished concurrently with an additional aircraft category or class rating shall-

(a)

demonstrate the skill and knowledge required for the safe operation of the applicable type of aircraft, relevant to the licensing requirements and piloting functions of the applicant- (i) for aeroplanes of maximum certificated take-off mass of 5,700 kilograms or below not less than five hours with six take offs and six landings of dual flight time in the aircraft type sought; or (ii) for aeroplanes of maximum certificated take-off mass of over 5,700 kgs where training is conducted in a- (aa) synthetic flight simulator, not less than 30 hours of flight simulator time and 3 hours of actual flying time in the aircraft type sought; or (bb) level D FSTD of the aircraft type sought approved by the authority, not less than 36 hours; (b) pass the flight check-out for the aircraft type rating sought; and (c) pass a knowledge test on the aircraft type on which the rating is sought.

(4)

For the purpose of training, testing or specific special purpose non-revenue, non-passenger carrying flights, special authorisation may be provided in writing to the licence holder by the authority in place of issuing the class or type rating in accordance with subregulation (3). (5) The authorisation referred to in subregulation (4), shall be limited in validity to the time needed to complete the specific flight. (6) The applicant shall gain, under appropriate supervision, experience in the applicable type of aircraft and flight simulator in the following-

(a)

normal flight procedures and manoeuvres during all phases of flight;

(b)

abnormal and emergency procedures and manoeuvres in the event of failures and malfunctions of equipment, such as engine, systems and airframe;

(c)

where applicable, instrument procedures, including instrument approach, missed approach and landing procedures under normal, abnormal and emergency conditions, including simulated engine failure;

(d)

for the issue of an aeroplane category type rating, upset prevention and recovery training; and

(e)

procedures for crew incapacitation and crew coordination including allocation of pilot tasks, crew cooperation and use of checklists.

122. Balloon rating

Where an applicant for a PPL or CPL balloon rating successfully takes a practical test in (a) a balloon with an air borneheater, the authority shall place upon the pilot licence a limitation restricting the exercise of the privileges of that licence to a balloon with an airborne heater; or (b) a gas balloon, the authority shall place upon the pilot licence a limitation restricting the exercise of the privilege of that licence to a gas balloon.

123. Night rating A holder of PPL shall not perform the duties of a PIC by night in the aircraft unless a

night rating or IR is included in his or her licence

124. Flight instruction requirements for night rating

An applicant for a night rating shall receive 5 hours dual instruction under a qualified instructor in night flying, 5 flights as PIC including 5 take offs and landings in an aircraft

125. Privileges and limitations for night rating

A night rating shall entitle PPL holder to act as PIC of an aircraft at night but does not entitle the holder to pilot an aircraft under IFR conditions

126. Renewal requirements for night rating An

applicant for a night rating renewal shall have within the immediately preceding six months of the application, carried out as PIC not less than five takeoffs and five landings at night

127. Flight examiner requirements
(1)

A person shall not perform the duties of a flight examiner unless he or she has a licence and rating authorising him or her to conduct skill tests and proficiency and appropriate FIR for skill tests.

(2)

To qualify for a flight examiner's authorisation, a pilot shall have logged 1000 hours off light time and 200 hours providing flight instruction in appropriate class and category.

(3)

A flight examiner shall be a holder of a FIR for which the examining authority is sought.

(4)

To qualify for renewal of a flight examiner's authorisation, a pilot shall conduct at least one skill test under the observation by the authority, in the role of an examiner for which authorisation is sought, including briefing, conduct of the skill test, assessment of the applicant to whom the skill test is given, debriefing and recording or documentation.

(5)

Subject to compliance with the requirements specified in these Regulations, the privileges of the examiner's authorisation shall be to conduct skill tests and proficiency checks for a licence and ratings.

128. Flight examiner training requirements
(1)

The ground training for flight examiners shall include- (a) examiner duties, functions and responsibilities; (b) applicable regulations and procedures; (c) appropriate methods, procedures and techniques for conducting the required tests and checks; (d) proper evaluation of student performance including the detection of- (i) improper and insufficient training; and (ii) personal characteristics of an applicant that could adversely affect safety; (e) appropriate corrective action in the case of unsatisfactory tests and checks; and (f) approved methods, procedures and limitations for performing the required normal, abnormal and emergency procedures in the aircraft.

(2)

The flight training for flight examiners shall include- (a) training and practice in conducting flight evaluation from the left and right pilot seats for pilot examiners in the required normal, abnormal and emergency procedures to ensure competence to conduct the flight tests and checks; (b) the potential results of improper, untimely or non-execution of safety measures during an evaluation; and (c) the safety measures to be taken from either pilot seat for pilot check examiners for emergency situations that are likely to develop during an evaluation.

(3)

The flight training for flight examiners in synthetic flight trainer shall include- (a) training and practice in conducting flight checks in the required normal, abnormal and emergency procedures to ensure competence to conduct the evaluations tests and checks required under these Regulations; and (b) training in the operation of synthetic flight trainer to ensure competence to conduct the evaluations required under these Regulations.

Part VII

129. General licensing specifications for RPL
(1)

A person shall not perform the duties of either a remote PIC or a remote co-pilot of UA in any of the following UA categories unless that person is a holder of a RPL issued in accordance with the provisions of these Regulations- (a) airship (b) aeroplane; (c) glider; (d) rotorcraft; (e) powered-lift; or (f) free balloon.

(2)

The category of UA shall be endorsed as a category rating on the RPL. (3) An applicant for RPL shall, before being issued with any RPL or rating, meet the requirements in respect of age, experience, flight instruction, competencies and medical fitness, as specified for RPL or rating under these Regulations. (4) An applicant for any RPL or rating shall demonstrate, in a manner determined by the authority, such knowledge and skill as specified for RPL or rating.

130. Eligibility requirements for RPL
(1)

An applicant for a RPL shall be at least 18 years of age.

(2)

The applicant shall hold a current class 3 medical assessment for students and a current class 1 medical assessment for commercial operations.

131. Category ratings for RPL
(1)

The authority may endorse RPL with the applicable category rating as specified in regulation 129(1)

(2)

The holder of RPL seeking additional category ratings to be included to the existing licence shall meet the requirements of these Regulations regarding UAS appropriate to the privileges for which the category rating is sought provided the applicant- (a) has completed the remote pilot training approved by the authority in the operation of the category being sought; or (b) training in the operation of the category he or she seeks to be licenced conducted by the UA manufacturer or an agent of the manufacturer; (c) a flight test conducted by the authority for the purposes of this regulation; and (d) has demonstrated the competencies required for the safe operation of the applicable type of UA and associated UA control station, under standard UA operating conditions.

(3)

An applicant for RPL shall pass a skill test to demonstrate the ability to perform, as remote PIC of the appropriate UA category and associated UAS, the relevant procedures and manoeuvres with the competency appropriate to the privileges granted.

(4)

An applicant for an additional category shall fulfill the requirement of subregulation (3) in regard to the category being sought.

132. Class and type ratings for RPL
(1)

Class rating shall be established for UA and associated UAS certificated for single unmanned operations which have comparable handling, performance and characteristics unless a type rating is considered necessary by the authority.

(2)

A type rating shall be established for UA and associated UAS certificated for operation with a minimum crew of at least two remote pilots or where considered necessary by the authority.

(3)

Where an applicant demonstrates competencies for the initial issue of a RPL, the category and the ratings appropriate to the class or type of UA and associated UAS used in the demonstration shall be entered on that RPL.

(4)

The levels of performance to be achieved to operate the class or type of UA for which the ratings are issued shall be prescribed in the applicable guidance material.

(5)

Where a common type rating is established, it shall only be for RPA with similar characteristics in terms of operating procedures, systems and handling.

133. Circumstances in which class and type ratings are required
(1)

A holder of RPL shall not perform the duties of either a remote PIC or a remote co-pilot of an UA and associated UAS unless he or she has received authorisation as follows- (a) the appropriate class rating specified in regulation 132 (1); or

(b)

a type rating where required in accordance with regulation 132 (2).

(2)

Where a type rating is issued limiting the privileges to perform the duties of a remote co-pilot or limiting the privileges to perform the duties of a remote pilot only during the cruise phase of the flight, the limitation shall be endorsed on the rating.

(3)

Where a class rating is issued limiting the privileges to perform the duties of a remote pilot only during the cruise phase of the flight, the limitation shall be endorsed on the rating.

(4)

For the purpose of training, testing, or specific special purpose non-revenue flights, special authorisation may be provided in writing to the remote pilot licence holder by the authority in place of issuing the class or type rating in accordance with subregulation (1).

(5)

The authorisation referred to in subregulation (4) under this regulation shall be limited in validity to the time needed to complete the specific flight.

134. Requirements for issue of class and type ratings for RPL
(1)

An applicant for issue of class and type ratings for RPL shall demonstrate competencies required for the safe operations of an UA of the class for which the rating is sought.

(2)

The applicant shall have- (a) gained, under appropriate supervision, experience in the applicable type of UA and associated UAS or FSTD in the following- (i) normal flight procedures and manoeuvres during all phases of flight; (ii) abnormal and emergency procedures and manoeuvres in the event of failures and malfunctions of equipment, such as engine, C2 link, systems and airframe; (iii) instrument procedures, including instrument approach, missed approach and landing procedures under normal, abnormal and emergency conditions, including simulated engine failure;

(iv)

for the issue of an aeroplane category type rating, upset prevention and recovery training; (v) procedures for crew incapacitation and crew coordination including allocation of remote pilot tasks, crew cooperation and use of checklists; and (b) demonstrate the competencies required for the safe operation of the applicable type of UA and associated UAS and demonstrated C2 link management skills, relevant to the duties of a remote PIC or a remote co- pilot as applicable.

135. Use of FSTD for acquisition of experience and demonstration of competencies

A person shall not use an FSTD for acquiring the experience or performing any manoeuvre required during the demonstration of competencies for the issue of a RPL or rating, unless such FSTD is approved by the authority for the appropriate task

136. Circumstances under which pilot licence training is required
(1)

A holder of RPL shall not carry out RPL training required for the issue of RPL or rating, unless he or she has obtained authorisation from the authority.

(2)

The authorisation referred to in subregulation (1) shall comprise- (a) UAS instructor rating on the holder's RPL; (b) the authority to act as an agent of an approved training organisation authorised by the authority to carry out RPL training; or (c) a specific authorisation granted by the authority.

(3)

A person shall not carry out RPL training on a FSTD required for the issue of a RPL or rating unless he or she holds or has held an appropriate RPL or has appropriate UAS training and flight experience and has received authorisation from the authority.

137. Crediting of UAS flight time
(1)

A student remote pilot shall be credited in full with all solo and dual instruction UAS flight time towards the total flight time required for the initial issue of RPL.

(2)

The holder of RPL shall be credited in full with all dual instruction UAS flight time towards the total UAS flight time required for a remote PIC upgrade.

(3)

The holder of a RPL shall be credited in full with all solo or dual instruction UAS flight time, in a new category of UA or for obtaining a new rating, towards the total UAS flight time required for that rating.

(4)

The holder of RPL, when acting as remote co-pilot of UA certificated for operation by a single remote pilot but required by the authority to be operated with a remote co-pilot, shall be credited with not more than 50 per cent of the remote co-pilot UAS flight time towards the total UAS flight time required for a remote PIC upgrade.

(5)

The authority may authorise that UAS flight time to be credited in full towards the total UAS flight time required where the UAS is equipped to be operated by a remote co-pilot and is operated in a multi-crew operation.

(6)

The holder of RPL, when acting as remote co-pilot of an UA certificated to be operated with a remote co-pilot, shall be entitled to be credited in full with this UAS flight time towards the total UAS flight time required for a remote PIC upgrade.

(7)

The holder of RPL, when acting as remote PIC under supervision, shall be entitled to be credited in full with this UAS flight time towards the total UAS flight time required for a remote PIC upgrade.

(8)

The holder of RPL applying for a new rating shall be credited with UAS flight time experience as a remote pilot of UA after determining whether such experience is acceptable and, if so, the extent to which the experience requirements for the issue of a rating can be reduced accordingly.

(9)

The total UAS flight time required shall be derived from an approved competency-based training programme.

138. Limitation of privileges of remote pilots

who attain their 60th birthday and curtailment of privileges of remote pilots who attain their 65th birthday A holder of RPL shall not perform the duties of a pilot of UAS engaged in international commercial air transport operations if he or she has attained the age of 60 years or, in the case of operations with more than one pilot, their 65th birthday Student Remote Pilot

139. Student Remote Pilot Licence
(1)

An applicant for a Student RPL shall-

(a)

be at least sixteen years of age;

(b)

have the ability to speak and understand the English language; and (c) possess a valid class 3 Medical certificate issued under these Regulations.

(2)

A student remote pilot shall not fly an UA solo unless under the supervision of, or with the authority of an authorised UAS instructor.

(3)

A student remote pilot shall not fly UA solo on international UAS operations unless by special or general arrangement between the States concerned.

140. Medical fitness A student remote pilot

shall not fly an UA solo unless he or she holds a current class 3 or a current class 1 medical assessment Remote Pilot Licence

141. General knowledge and skill requirements for issue of RPL
(1)

An applicant for RPL shall not be less than eighteen years of age.

(2)

The applicant shall demonstrate a level of knowledge and skills appropriate to the privileges granted under RPL and appropriate to the category of UA and associated UAS intended to be included in the RPL as follows-

(a)

air law including-

(i)

rules and regulations relevant to the holder of a RPL;

(ii)

rules of the air;

(iii)

appropriate air traffic services, practices and procedures;

(iv)

rules and regulations relevant to flight under IFR; and

(v)

related air traffic services practices and procedures;

(b)

general UAS knowledge including-

(i)

principles of operation and the functioning of engines, systems and instruments;

(ii)

operating limitations of the relevant category of UA and engines;

(iii)

relevant operational information from the flight manual or other appropriate document; (iv) use and serviceability checks of equipment and systems of appropriate UA; (v) maintenance procedures for airframes, systems and engines of appropriate UA; (vi) for rotorcraft and powered-lifts, transmission (power trains) where applicable; (vii) use, limitation and serviceability of avionics, electronic devices and instruments necessary for the control and navigation of UA under IFR and in instrument meteorological conditions; (viii) flight instruments, gyroscopic instruments, operational limits and precession effects, practices and procedures in the event of malfunctions of various flight instruments; (ix) for airships, physical properties and practical application of gases; (x) UAS general knowledge including- (aa) principles of operation and function of systems and instruments; (bb) use and serviceability checks of equipment and systems of appropriate UAS; and (cc) procedures in the event of malfunctions; (xi) C2 link general knowledge- (aa) different types of C2 links and their operating characteristics and limitations; (bb) use and serviceability checks of C2 link systems; and

(cc)

procedures in the event of C2 link malfunction; and (xii) detect and avoid capabilities for UAS; flight performance, planning and loading including-

(xiii)

effects of loading and mass distribution on UA handling, flight characteristics and performance, mass and balance calculations;

(xiv)

use and practical application of take-off, landing and other performance data;

(xv)

pre-flight and en-route flight planning appropriate to UAS operations under IFR;

(xvi)

preparation and submission of air traffic services flight plans under IFR;

(xvii)

appropriate air traffic services procedures;

(xviii)

altimeter setting procedures;

(xix)

in the case of airships, rotorcraft and powered-lifts, effects of external loading on handling;

(xx)

human performance relevant to UAS and instrument flight, including principles of TEM;

(xxi)

interpretation and application of aeronautical meteorological reports, charts and forecasts;

(xxii)

use of procedures for obtaining meteorological information, pre-flight and in-flight and altimetry;

(xxiii)

aeronautical meteorology, climatology of relevant areas with respect to the elements having an effect on aviation;

(xxiv)

the movement of pressure systems, the structure of fronts, and the origin and characteristics of significant weather phenomena which affect take- off, en-route and landing conditions;

(xxv)

causes, recognition and effects of icing, frontal zone penetration procedures and hazardous weather avoidance;

(xxvi)

in the case of rotorcraft and powered-lifts, effects of rotor icing;

(xxvii)

in the case of high-altitude operations, practical high-altitude meteorology, including interpretation and use of weathers reports, charts and forecasts and jet streams;

(xxviii)

air navigation including the use of aeronautical charts, instruments and navigation aids;

(xxix)

an understanding of the principles and characteristics of appropriate navigation systems and operation of UAS equipment;

(xxx)

use, limitation and serviceability of avionics and instruments necessary for control and navigation;

(xxxi)

use, accuracy and reliability of navigation systems used in departure, en-route, approach and landing phases of flight; and

(xxxii)

identification of radio navigation aids as- (aa) principles and characteristics of self-contained and external-referenced navigation systems and operation of UAS equipment. (bb) application of TEM to operational performance;

(cc)

interpretation and use of aeronautical documentation such as AIP, NOTAM, aeronautical codes and abbreviations and instrument procedure charts for departure, en- route, descent and approach; (dd) altimeter setting procedures; (ee) appropriate precautionary and emergency procedures, safety practices associated with flight under IFR and obstacle clearance criteria; (ff) operational procedures for carriage of freight, potential hazards associated with dangerous goods and their management; (gg) requirements and practices for safety briefings to remote flight crew members; (hh) in the case of rotorcraft, and if applicable, powered- lifts, settling with power, ground resonance; retreating blade stall, dynamic rollover and other operating hazards, safety procedures, associated with flight in visual meteorology conditions- (A) operational procedures for handovers and coordination; (B) operational procedures for normal and abnormal C2 link operations; (ii) principles of flight; and (jj) communication procedures and phraseology and action to be taken in case of communication failure.

(3)

The applicant shall demonstrate all the competencies of the adapted competency model approved by the authority at the level required, to perform the duties of a remote PIC of an UAS operation within the appropriate category of UA and associated RPS.

(4)

Where the privileges of the remote pilot are to be exercised on a multi-engined UA, the applicant shall demonstrate the ability to operate under IFR with degraded propulsion capabilities.

142. Privileges of holder of RPL and

conditions to be observed in exercising privileges (1) Subject to compliance with the requirements specified in regulations 19, 21, 23 and 129, the privileges of the holder of RPL shall be-

(a)

to perform the duties of a remote PIC of an UA and associated UAS, certificated for remote single-pilot operation;

(b)

to perform the duties of a remote co-pilot of an UA and associated UAS, required to be operated with a remote co- pilot;

(c)

to perform the duties of a remote PIC of an UA and the associated UAS, required to be operated with a remote co- pilot; and

(d)

to perform the duties of either a remote PIC or as remote co-pilot of an UAS under IFR.

(2)

Before exercising the privileges at night, the holder of RPL shall receive dual instruction in an UA and associated UAS in night flying, including take-off, landing and navigation.

143. Specific experience requirements for issuance of RPL
(1)

An applicant shall gain experience during training in operating the UA and associated UAS to successfully demonstrate the competencies required in regulations 141(3) and (4)

(2)

In order to meet the requirements of the RPL, the applicant shall have completed an approved training course.

(3)

The training shall be competency-based and, if applicable, conducted in a multi-crew operational environment.

(4)

During the training, the applicant shall acquire the competencies and underpinning skills required for performing as a remote pilot of an UA certificated for operation under IFR.

(5)

The applicant shall receive dual RPL training in an UA and associated UAS, sought from an authorised UAS instructor.

(6)

The UAS instructor shall ensure that the applicant has operational experience in all phases of flight and the entire operating envelope of an UAS, including abnormal and emergency conditions, upset prevention and recovery training for the categories concerned, as well as IFR operations.

(7)

Where the privileges of the remote pilot are to be exercised on a multi-engined UA, the applicant shall receive dual instrument remote pilot licence training in a multi-engined UA within the appropriate category from an authorised UAS instructor. (8) The UAS instructor shall ensure that the applicant has operational experience in the operation of the UA with in the appropriate category with engines inoperative or simulated inoperative.

UAS Instructor Rating

144. Knowledge requirements for issue of UAS instructor rating
(1)

An applicant for UAS instructor rating shall have demonstrated the ability to effectively assess trainees against the adapted competency model used in the approved training programme.

(2)

The applicant shall successfully complete the training and meet the qualifications of an approved training organisation appropriate to the delivery of competency-based training programmes.

(3)

The UAS instructor training programme shall focus on the development of competence in the following specific areas-

(a)

the adapted competency model of the remote pilot training programme according to the defined grading system used by the UAS operator or approved training organisation;

(b)

in accordance with the assessment and grading system of the UAS operator or approved training organisation, making assessments by observing behaviours, gathering objective evidence regarding the observable behaviours of the adapted competency model used;

(c)

recognising and highlighting performance that meets competency standards;

(d)

determining root causes for deviations below the expected standards of performance; and

(e)

identifying situations that could result in unacceptable reduction in safety margins.

(4)

The applicant shall meet the competency requirements for the issue of a remote pilot licence as appropriate to the category of UA and associated UAS.

(5)

The applicant shall in addition to the competencies specified in subregulations (1), (2), (3) and (4), demonstrate a level of competency appropriate to the privileges granted to the holder of an UAS instructor rating, in the following areas-

(a)

techniques of applied instruction;

(b)

assessment of student performance in those subjects in which ground instruction is given;

(c)

the learning process; (d) elements of effective teaching; (e) competency-based training principles, including student assessments; (f) evaluation of the training programme effectiveness; (g) lesson planning; (h) classroom instructional techniques; (i) use of training aids, including FSTDs as appropriate; (j) analysis and correction of student errors; (k) human performance relevant to UAS, instrument flight and RPL training, including principles of TEM; and (l) hazards involved in simulating system failures and malfunctions in the aircraft.

145. Skill and experience requirements for UAS instructor rating
(1)

An applicant shall successfully perform formal competency assessment, prior to conducting instruction and assessment within a competency-based training programme.

(2)

The competency assessment shall be conducted during a practical training session in the category of UA and associated RPS for which UAS instructor privileges are sought, including pre-flight, post-flight and ground instruction as appropriate.

(3)

The competency assessment shall be conducted by a person authorised by the authority.

(4)

The applicant shall meet the requirements for the issue of RPL, maintain competencies and meet the recent experience requirements for the licence.

(5)

The applicant shall have sufficient training and experience to attain the required level of proficiency in all of the required tasks, manoeuvres, operations, principles and methods of instruction relevant to regulation 143 (2) (8).

146. RPL training

The applicant shall, under the supervision of an UAS instructor authorised by the authority for that purpose

(a)

receive training in UAS instructional techniques including demonstration, student practices, recognition and correction of common student errors; and (b) practice instructional techniques in those flight manoeuvres and procedures in which it is intended to provide remote pilot licence training.

147. Privileges of holder of UAS instructor

rating and conditions to be observed in exercising privileges (1) Subject to compliance with the requirements specified in regulations 18 and 129, the privileges of the holder of an UAS instructor rating shall be- (a) to supervise solo flights by student remote pilots; and

(b)

to carry out RPL training for the issue of RPL and an UAS instructor rating provided that the UAS instructor-

(i)

holds at least the RPL and rating for which instruction is being given, in the appropriate UA category and associated UAS;

(ii)

holds the RPL and rating necessary to act as the remote PIC of the UA category and associated UAS on which the instruction is given; and

(iii)

has the UAS instructor privileges granted endorsed on the remote pilot licence.

(2)

The applicant, in order to carry out RPL training in a multi crew operational environment, shall in addition, meet all the instructor qualification requirements.

Part VIII

148. General Requirements for Flight Engineer Licence
(1)

An applicant for a Flight Engineer Licence shall, before being issued with the licence, meet the requirements in respect of age, knowledge, experience, skill and medical fitness as are specified for that licence.

(2)

A person shall not perform the duties of a Flight Engineer of an aircraft registered in Uganda unless he or she holds Flight Engineer Licence with appropriate ratings.

149. Requirements for issue of Flight Engineer

Licence An applicant for Flight Engineer Licence shall (a) be at least eighteen years of age; (b) demonstrate the ability to speak, and understand the English language in accordance with the language proficiency requirements specified in Schedule 3 of these Regulations; (c) comply with the requirements of these Regulations that apply to the rating sought; and (d) possess a valid class 2 medical certificate issued under these Regulations.

150. Knowledge and skill requirements for Flight Engineer Licence
(1)

An applicant for a Flight Engineer Licence shall demonstrate a level of knowledge and skills appropriate to the privileges granted to the holder of a Flight Engineer Licence, as follows-

(a)

air law including- (i) rules and regulations relevant to the holder of a Flight Engineer Licence; (ii) rules and regulations governing the operation of civil aircraft pertinent to the duties of a Flight Engineer;

(b)

aircraft general knowledge including- (i) basic principles of engines, gas turbines or piston engines, characteristics of fuels, fuel systems including fuel control; (ii) lubricants and lubrication systems, after burners and injection systems, function and operation of engine ignition and starter systems; (iii) principles of operation, handling procedures and operating limitations of aircraft engines, effects of atmospheric conditions on engine performance; (iv) airframes, flight controls, structures, wheel assemblies, brakes and anti-skid units, corrosion and fatigue life, identification of structural damage and defects; (v) ice and rain protection systems; (vi) pressurisation and air-conditioning systems, oxygen systems; (vii) hydraulic and pneumatic systems; (viii) basic electrical theory, electric systems (AC and DC), aircraft wiring systems, bonding and screening; (ix) principles of operation of instruments, compasses, autopilots, radio communication equipment, radio and radar; (x) navigation aids, flight management systems, displays and avionics;

(xi)

limitations of appropriate aircraft; (xii) fire protection, detection, suppression and extinguishing systems; and (xiii) use and serviceability checks of equipment and systems of appropriate aircraft;

(c)

flight performance, planning and loading including- (i) effects of loading and mass distribution on aircraft handling, flight characteristics and performance, mass and balance calculations; and (ii) use and practical application of performance data including procedures for cruise control;

(d)

human performance relevant to the Flight Engineer including principles of TEM;

(e)

operational procedures including- (i) principles of maintenance, procedures for the maintenance of airworthiness, defect reporting, pre-flight inspections, precautionary procedures for fueling and use of external power, installed equipment and cabin systems; (ii) normal, abnormal and emergency procedures; (iii) operational procedures for carriage of freight and dangerous goods;

(f)

principles of flight including fundamentals of aerodynamics; and (g) radiotelephony communication procedures and phraseology.

(2)

The applicant shall demonstrate a level of knowledge appropriate to the privileges granted to the holder of a Flight Engineer Licence in at least the following subjects-

(a)

fundamentals of navigation, principles and operation of self-contained systems; and (b) operational aspects of meteorology.

(3)

The applicant shall have completed, under the supervision of a person accepted by the authority for that purpose, not less than 100 hours of flight time in the performance of the duties of a Flight Engineer.

(4)

The authority may accept the experience as a Flight Engineer in a flight simulator, which it has approved, as part of the total flight time of 100 hours and credit for such experience shall be limited to a maximum of 50 hours.

(5)

The applicant shall have operational experience in the performance of the duties of a Flight Engineer, under the supervision of a Flight Engineer accepted by the authority for that purpose, in the following areas- (a) normal procedures including- (i) pre-flight inspections; (ii) fueling procedures and fuel management; (iii) inspection of maintenance documents; (iv) normal flight deck procedures during all phases of flight; (v) crew coordination and procedures in case of crew incapacitation; and (vi) defect reporting; (b) abnormal and alternate or standby procedures including- (i) recognition of abnormal functioning of aircraft systems; and (ii) use of abnormal and alternate or standby procedures;

(c)

emergency procedures including- (i) recognition of emergency conditions; and (ii) use of appropriate emergency procedures.

(6)

The applicant shall demonstrate the ability to perform as Flight Engineer of an aircraft, the duties and procedures described in subregulation (5) with a degree of competency appropriate to the privileges granted to the holder of a Flight Engineer Licence, and to- (a) recognise and manage threats and errors; (b) use aircraft systems within the aircraft's capabilities and limitations; (c) exercise good judgement and airmanship; (d) apply aeronautical knowledge; (e) perform all the duties as part of an integrated crew with the successful outcome assured; and (f) communicate effectively with the other flight crew members.

(7)

The use of an FSTD for performing any of the procedures required during the demonstration of skill prescribed in subregulation (6) shall be approved by the authority, which shall ensure that the FSTD is appropriate to the task.

151. Privileges and limitations of Flight Engineer Licence
(1)

Subject to compliance with the requirements specified in regulations 19, 21 and 23, the privileges of the holder of a Flight Engineer Licence shall perform the duties of Flight Engineer of any type of aircraft on which the holder has demonstrated a level of knowledge and skill, as determined by the authority on the basis of the requirements specified in regulations 150 (1) and (6) which are applicable to the safe operation of that type of aircraft. (2) The types of aircraft on which the holder of a Flight Engineer Licence is authorised to exercise the privileges of that licence, shall be entered on the Flight Engineer Licence.

152. Renewal of Flight Engineer Licence A holder of a Flight Engineer Licence may apply for renewal

if the holder has logged not less than 6 hours as Flight Engineer preceding the date of application for renewal Flight Radiotelephony Operator Endorsement or Authorisation

153. Requirements for Flight Radiotelephony Operator privileges
(1)

Except for a holder of a pilot licence, a person required to use radiotelephone apparatus aboard an aircraft shall hold an endorsement or authorisation to exercise the privileges of flight radiotelephony.

(2)

An applicant for endorsement or authorisation of Flight Radiotelephony Operator privileges shall- (a) be at least seventeen years of age; (b) demonstrate the ability to speak, and understand the English language in accordance with the language proficiency requirements specified in Schedule 3 to these Regulations; (c) comply with the knowledge and skill requirements for flight radiotelephone operator prescribed in regulation 154; and (d) demonstrate a level of knowledge appropriate to the privileges granted to a holder of a flight radiotelephony operator licence.

154. Skill and knowledge requirements for Flight

Radiotelephony Operator privileges (1) An applicant for a Flight Radiotelephony Operator endorsement or authorisation shall pass a practical and knowledge test covering the following areas- (a) the ICAO spelling alphabet; (b) departure and position reporting;

(c)

obtaining meteorological information; (d) transmission and procedures of distress and urgency signals; (e) communication techniques and procedures; (f) the necessity for brevity in radio telephony communication and priorities; (g) pre-flight briefing; (h) classification of directional finding bearings; (i) radiotelephony facilities and frequencies available in the FIR; (j) elementary knowledge of the relationship between wavelength and frequency; (k) radiotelephony procedures and phraseology; (l) ability to use the radio equipment of the type installed in the aircraft; and (m) the ability to carry out emergency procedures.

(2)

The knowledge test results for a radiotelephony operator shall be valid for twenty-four months after passing the examination.

155. Privileges of Flight Radiotelephony Operator

A person who holds a Flight Radiotelephony Operator endorsement or authorisation shall have the privilege to use the radiotelephony on board an aircraft

156. Validity of a Flight Radiotelephony Operator endorsement or authorisation A Flight Radiotelephony Operator endorsement or authorisation shall be valid only

if the licence on which the Flight Radiotelephony Operator privileges are endorsed is valid

Part IX

157. General requirements for licences and ratings

of personnel other than flight crew members (1) An applicant for a licence or rating of personnel other than flight crew member shall, before being issued with a licence or rating for personnel other than flight crew members, meet such requirements in respect of age, knowledge, experience and where appropriate, medical fitness and skill, as are specified for that licence or rating.

(2)

An applicant for any licence or rating for personnel other than flight crew member, shall demonstrate to the authority, the requirements in respect of knowledge and skill for that licence or rating being sought. Ground Instructor Licence

158. General eligibility requirements for Ground Instructor

Licence (1) An applicant for a Ground Instructor Licence shall- (a) be at least eighteen years of age; (b) demonstrate the ability to speak and understand the English language in accordance with the language proficiency requirements contained in Schedule 3 to these Regulations. (c) pass knowledge and skill test on the aeronautical knowledge areas as prescribed in the fundamentals of instructing including- (i) the learning process; (ii) elements of effective teaching; (iii) student evaluation and testing; (iv) course development; (v) lesson planning;

(vi)

classroom training techniques; (vii) techniques of applied instructions; (viii) use of training aids; (ix) analysis and correction of student errors; and (x) human performance relevant to ground instruction; and (d) pass a knowledge test on the aeronautical knowledge areas specified in regulations 61, 70 and 86, as appropriate.

(2)

A Ground Instructor Licence shall be issued with either one of the following ratings- (a) basic; (b) advanced; or (c) instrument.

(2)

The knowledge test specified in subregulation (1) (d) is not required if the applicant holds a Flight Instructor Rating issued under these Regulations. (3) The knowledge test results for a Ground Instructor Licence shall be valid for eighteen months after passing the examination.

(4)

The validity period for a Ground Instructor Licence is twenty four months.

159. Privileges of Ground Instructor Licence
(1)

A holder of a Ground Instructor Licence may exercise the privileges appropriate to the rating as follows- (a) for a holder of a basic ground instructor rating- (i) ground training in the aeronautical knowledge areas required for the issue of PPL or associated ratings;

(ii)

ground training required for a private pilot flight check-out; and (iii) a recommendation for a knowledge test required for the issuance of a PPL;

(b)

for a holder of an advanced ground instructor rating- (i) ground training in the aeronautical knowledge areas required for the issue of any pilot licence or rating; (ii) ground training required for any flight check out; and (iii) a recommendation for a knowledge test required for the issue of any pilot licence;

(c)

for a holder of an instrument ground instructor rating- (i) ground training in the aeronautical knowledge areas required for the issue of an instrument rating; (ii) ground training required for an instrument proficiency check; and (iii) a recommendation for a knowledge test required for the issue of an instrument rating.

(2)

A person who holds a Ground Instructor Licence shall be authorised, within the limitations of the ratings on the Ground Instructor Licence, to endorse the logbook or other training record of a person to whom the holder has provided the training or recommendation specified in subregulation (1).

160. Requirements for Ground Instructor Rating An

applicant for a Ground Instructor Rating is required to hold or have previously held a CPL or ATPL as appropriate or pass the following

(a)

basic Ground Instructor Rating which is aeronautical knowledge requirements for CPL as prescribed in regulation 70;

(b)

advanced Ground Instructor Rating which is aeronautical knowledge requirements for ATPL as prescribed in regulation 86, instrument ground instructor rating- (i) meet the requirements of either paragraph (a) or (b) and in addition, the instrument rating knowledge requirements as prescribed in regulation 104; and (ii) be a holder of a valid instrument rating.

161. Limitations of Ground Instructor Licence
(1)

A holder of a Ground Instructor Licence shall observe the limitations and qualifications specified in this regulation.

(2)

A Ground Instructor shall not conduct training under a rating which is not endorsed in his or her Ground Instructor Licence.

162. Renewal requirements for Ground Instructor Licence
(1)

A Ground Instructor Licence may be renewed if the applicant presents to the authority a record of training students that shows that within 12 months preceding the date of application for renewal of the licence, she or he has trained students under the appropriate Ground Instructor Rating.

(2)

The applicant for renewal of a Ground Instructor Licenceshall provide to the authority evidence of at least 3 months' service as a ground instructor within the past 12 months.

(3)

Where the Ground Instructor Licence has expired for a period not exceeding 90 days, the applicant shall apply for renewal, subject to subregulation (2).

Instructor Authorisation for Flight Simulation Training

163. Instructor authorisation for flight simulation training
(1)

A holder of current and former professional pilot licences, having instructional experience may apply for an authorisation to provide flight instruction in a FSTD, provided the applicant has at least 1 year experience as instructor in FSTD.

(2)

The applicant shall demonstrate in a skill test, in the category and in the class or type of aircraft for which instructor authorisation privileges are sought, the ability to instruct in those areas in which ground instruction is to be given.

(3)

Subject to compliance with the requirements specified in this Part, the privileges of the holder of an authorisation are to carry out instruction in a flight simulation training device for the issue of a class or type rating in the appropriate category of aircraft.

(4)

Subject to compliance with the requirements specified in this regulation, the validity period of an instructor authorisation for flight simulation training is one year.

(5)

Renewal of the authorisation requires the successful completion of a proficiency check.

(6)

Where the authorisation has expired, the applicant shall complete refresher training and successfully pass a skill test in the category and class or type of aircraft for which instructor authorisation privileges are sought.

Aircraft Maintenance Engineer Licence (AMEL)

164. Requirements for issue of AMEL
(1)

An applicant for a grant of AMEL shall- (a) be at least 18 years of age; (b) be able to read, speak, write and understand the English language, interpret technical reports and maintenance publications and carry out technical discussions in the English language;

(c)

comply with the knowledge, experience and competency requirements prescribed for the rating sought; and

(d)

pass all of the prescribed examinations for the rating sought, within twelve months.

(2)

A licensed aircraft maintenance engineer who applies for an additional rating shall meet the requirements of regulations 166 and 167.

(3)

Competency-based approved training for aircraft maintenance personnel shall be conducted within an approved training organisation (ATO).

165. Skill and knowledge requirements for issue of AMEL

An applicant shall have demonstrated a level of knowledge and skill relevant to the privileges to be granted and appropriate to the responsibilities of a holder of AMEL, as set out in the syllabus in Schedule 5 to these Regulations, subject to the provisions of regulation 3(4) as appropriate and the procedures prescribed in the applicable technical guidance material

166. Experience requirements for the issue of

AMEL with or without type rating A holder of AMEL without type rating which he or she obtained following successful completion of an approved initial course, may apply for type rating and shall show confirmed evidence that he or she has obtained at least twelve months relevant aircraft engineering experience with an organisation engaged in the maintenance of operational aircraft in addition to that gained during the course

167. Requirements for Category A, B1, B2 and C licence
(1)

Subject to regulation 5(10) to these Regulations, an applicant for a AMEL B1, B2 without Type Rating shall meet the following requirements- (a) for category A and subcategories B1.2 and B1.4- (i) 3 years of practical maintenance experience on operating aircraft where the applicant has no previous relevant technical training in aircraft maintenance, provided the experience is gained in an AMO; (ii) 2 years of practical maintenance experience on operating aircraft and completion of training as a skilled worker in a technical trade applicable to the licence sought; or (iii) 1 year of practical maintenance experience on operating aircraft and completion of an approved abinitio course.

(b)

for category B2 and subcategories B1.1 and B1.3- (i) 5 years of practical maintenance experience on operating aircraft where the applicant has no previous relevant technical training provided the experience is gained in an AMO; or (ii) 3 years of practical maintenance experience on operating aircraft and completion of training as a skilled worker in a technical trade applicable to the licence sought; or (iii) 2 years of practical maintenance experience on operating aircraft and completion of an approved abinitio course; (c) for category C with respect to large aircraft-

(i)

3 years of experience exercising category B1.1, B1.3 or B2 privileges on large aircraft or as B1.1, B1.3 or B2 maintenance personnel working on large aircraft, or, a combination of both;

(ii)

5 years of experience exercising category B1.2 or B1.4 privileges on large aircraft or as B1.2 or B1.4 maintenance personnel working on large aircraft, or a combination of both;

(d)

for category C with respect to aircraft other than large aircraft, 3 years of experience exercising category B1 or B2 privileges on aircraft other than large aircraft or as B1 or B2 maintenance personnel working on aircraft other than large aircraft, or a combination of both; and

(e)

for category C obtained through the academic route, an academic degree in a technical discipline applicable to the licence sought from a university recognised by the authority, and 3 years of experience working in a civil aircraft maintenance environment on a representative selection of tasks directly associated with aircraft maintenance, including 6 months of observation of base maintenance tasks.

(2)

An applicant for an additional category or subcategory to AMEL shall have a minimum civil aircraft maintenance experience requirement appropriate to the additional category or subcategory of AMEL applied for as specified by the authority in the applicable technical guidance materials.

(3)

An applicant for AMEL categories A, B1 and B2 shall have practical experience involving a representative cross section of maintenance tasks on operating aircraft as specified in the applicable technical guidance material.

(4)

An applicant for AMEL category A and subcategories B1.2 and B1.4 shall have at least 1 year of the required practical maintenance experience, including recent maintenance experience on aircraft of the category or subcategory for which the initial AMEL is sought.

(5)

An applicant for AMEL category B2 and subcategories B1.1 and B1.3 shall have at least 2 years of the required practical maintenance experience, including recent maintenance experience on aircraft of the category or subcategory for which the initial AMEL is sought.

(6)

For an applicant of subsequent category or subcategory addition to an existing AMEL, the entire duration of maintenance experience as required in the applicable technical guidance materials shall be recent.

(7)

Subject to subregulation (6), the required practical maintenance experience shall be dependent upon the difference between the AMEL category or subcategory held and applied for and all recent practical maintenance experience shall be demonstrated in a manner acceptable to the authority as specified in the applicable technical guidance materials.

(8)

For an applicant of AMEL category "C" having gone through the academic route, the 6 months of observation of base maintenance tasks shall be demonstrated in a manner acceptable to the authority as specified in the applicable technical guidance materials.

(9)

Notwithstanding subregulation (8), aircraft maintenance experience gained outside a civil aircraft maintenance environment may be accepted by the authority provided such experience is equivalent to that specified in the applicable technical guidance materials and additional recent practical maintenance experience on the maintenance of civil aircraft shall be required to ensure understanding of the civil aircraft maintenance environment.

168. General privileges and limitations of AMEL
(1)

Subject to compliance with the requirements specified in regulations 166 and 167, the privileges of the holder of AMEL shall be to certify the aircraft or parts of the aircraft as airworthy after an authorised repair, modification or installation of an engine, accessory, instrument or item of equipment and to sign a maintenance release following inspection, maintenance operations or routine servicing.

(2)

The privileges of the holder of AMEL specified in subregulation (1) shall be exercised only- (a) in respect of such- (i) aircraft as are entered on the licence in their entirety either specifically or under broad categories; (ii) airframes and engines and aircraft systems or components as are entered on the licence either specifically or under broad categories; or (iii) aircraft avionic systems or components as are entered on the licence either specifically or under broad categories;

(b)

provided that the holder of AMEL is familiar with all the relevant information relating to the maintenance and airworthiness of the particular aircraft for which the holder of AMEL is signing a maintenance release, or such airframe, engine, aircraft system or component and aircraft avionic system or component which the holder of AMEL is certifying as being airworthy; and

(c)

provided that, within the preceding twenty four months, the holder of AMEL has either had experience in the inspection, servicing or maintenance of an aircraft or components in accordance with the privileges granted by the AMEL held for not less than 6 months, or has met the provision for the issue of a licence with the appropriate privileges, to the satisfaction of the authority.

(3)

Notwithstanding the privileges in subregulations (1) and (2), a holder of AMEL may be granted a specific scope of the privileges depending on the complexity of the task or tasks to which the certification relates in accordance with details prescribed in the applicable technical guidance material. (4) The details of the certification privileges shall be endorsed on to the licence issued by the authority.

169. Specific privileges and limitation of AMEL

A, B1, B2 and C The privileges associated to each AMEL category are described as follows (a) a category A AMEL permits the holder to issue certificates of release to service following minor scheduled line maintenance and simple defect rectification within the limits of tasks specifically endorsed on the authorisation and the certification privileges shall be limited to work that the holder of AMEL has personally performed in an aircraft maintenance organisation;

(b)

a category B1 AMEL shall permit the holder to issue certificates of release to service following maintenance, including aircraft structure, power plant and mechanical and electrical systems and replacement of avionic line replaceable units, requiring simple tests to prove their serviceability, shall also be included in the privileges;

(c)

a category B2 AMEL shall permit the holder to issue certificates of release to service following maintenance on avionic and electrical systems; and

(d)

a category C AMEL shall permit the holder to issue certificates of release to service following base maintenance on aircraft and the privileges apply to the aircraft in its entirety in an aircraft maintenance organisation.

170. Privileges of holder of AMEL and

conditions to be observed in exercising privileges for UAS (1) The privileges of the holder of AMEL specified in regulation 168 shall be exercised only in respect of such- (a) UA or UAS as are entered on the licence either specifically or under broad categories; or (b) UAS and associated C2 link as are entered on the licence either specifically or under broad categories after appropriate knowledge and practical training on maintenance of the UAS and associated C2 link system

(2)

When the authority authorises an approved maintenance organisation to appoint non-licensed personnel to exercise the privileges of subregulation (1) the person appointed shall meet requirements specified in regulation166 of these Regulations

171. Renewal requirements for AMEL
(1)

A holder of AMEL shall apply for renewal of the licence within 2 months before the expiry period in a form and manner prescribed by the authority.

(2)

The holder of AMEL shall have performed work comparable with that required for the grant of the licence for periods totaling at least 6 months during the twenty four months preceding the date of the expiry of the licence.

(3)

A person who fails to renew his or her AMEL after the expiry period may do so within the next twelve months provided that he or she proves that he or she has been continuously engaged in practical work for the entire extended period.

(4)

A person who does not apply for a renewal of AMEL within the extended period as provided for in subregulation (3) or fails to prove that he or she has continuously been engaged in practical work during that period shall be required to present 6 months recent experience or sit for an air law exam before his or her licence is renewed.

(5)

A holder of AMEL shall not exercise the privileges of the licence unless the licence is kept valid as prescribed by the authority.

Air Traffic Controller Licence

172. Student Air Traffic Aontroller
(1)

The authority shall take the appropriate measures to ensure that student Air Traffic Controllers do not constitute a hazard to air navigation.

(2)

A student Air Traffic Controller shall not undertake instruction in an operational environment unless the student air traffic controller holds a current class 3 medical assessment.

173. General eligibility requirements for issue of

Air Traffic Controller Licence An applicant for an air traffic controller licence shall (a) be at least twenty one years of age; (b) demonstrate the ability to speak, and understand the English language in accordance with the language proficiency requirements specified in Schedule 3 to these Regulations without impediment of speech that would interfere with two-way radio conversation; (c) comply with the knowledge and skill requirements specified in regulations 174, 176, 177, 178, 179, 181 and 182; (d) hold a current class 3 medical certificate; and (e) have at least one of the ratings set out in regulation 5(9) of these Regulations.

174. Aeronautical knowledge requirements for Air Traffic

Controller Licence (1) An applicant for an Air Traffic Controller Licence shall demonstrate a level of knowledge appropriate to the holder of an air traffic controller licence, in at least the following subjects-

(a)

air law including rules and regulations relevant to the Air Traffic Controller;

(b)

air traffic control equipment including principles, use and limitations of equipment used in air traffic control;

(c)

general knowledge of-

(i)

principles of flight;

(ii)

principles of operation and functioning of aircraft, engines and systems;

(iii)

aircraft performance relevant to air traffic control operations;

(iv)

subject to regulation 5 (4) principles of operation and functioning of aircraft and UAS, engines and systems; and

(v)

aircraft performance relevant to air traffic control operations.

(d)

human performance including principles of threat and error management; (e) meteorology- (i) aeronautical meteorology; (ii) use and appreciation of meteorological docume- ntation and information;

(iii)

origin and characteristics of weather phenomena affecting flight operations and safety; and (iv) altimetry; (f) navigation- (i) principles of air navigation; and (ii) principle, limitation and accuracy of navigation systems and visual aids; and (g) operational procedures including- (i) air traffic control, communication, radiotelephony and phraseology procedures (routine, non-routine and emergency); and (ii) use of the relevant aeronautical documentation; safety practices associated with flight.

(2)

The validity of the knowledge test results for an applicant for an air traffic controller licence shall be eighteen months after passing the test.

175. Aeronautical experience requirements for Air Traffic

Controller Licence (1) An applicant for an Air Traffic Control Licence shall- (i) have completed an approved training course; (ii) demonstrated the required competence; and (iii) have accomplished not less than three months of satisfactory service engaged in the actual control of air traffic under the supervision of an Air Traffic Control (ATC) on-the-job training instructor.

(2)

The experience requirements specified for Air Traffic Controller Ratings in regulation 178 may be credited as part of the experience specified in this regulation.

(3)

An Air Traffic Controller shall not act as an air traffic control on-the-job training instructor unless he or she holds an appropriate rating and is qualified as an air traffic control on-the-job training instructor.

176. Categories of Air Traffic Controller Ratings

Air Traffic Controller Ratings shall comprise the following categories (a) aerodrome control rating; (b) approach control procedural rating; (c) approach control surveillance rating; (d) approach precision radar control rating; (e) area control procedural rating; and (f) area control surveillance rating.

177. Knowledge requirements for Air Traffic Controller Ratings
(1)

An applicant for an Air Traffic Controller Rating shall have demonstrated a level of knowledge appropriate to the privileges granted, in at least the following subjects in so far as they affect the area of responsibility- (a) aerodrome control rating- (i) aerodrome layout; (ii) physical characteristics and visual aids; (iii) airspace structure; (iv) applicable rules, procedures and source of information; (v) air navigation facilities; (vi) air traffic control equipment and its use; (vii) terrain and prominent landmarks; (viii) characteristics of air traffic;

(ix)

weather phenomena; and (x) emergency and search and rescue plans;

(b)

approach control procedural and area control procedural ratings-

(i)

airspace structure; (ii) applicable rules, procedures and source of information; (iii) air navigation facilities; (iv) air traffic control equipment and its use; (v) terrain and prominent landmarks; (vi) characteristics of air traffic and traffic flow; (vii) weather phenomena; and (viii) emergency and search and rescue plans;

(c)

approach control surveillance, approach precision radar control and area control surveillance ratings. (2) The applicant for Air Traffic Control Ratings shall meet the requirements specified in subregulation (1)(b) in so far as the requirements affect his or her area of responsibility and shall demonstrate a level of knowledge appropriate to the privileges granted, in at least the following additional subjects- (a) principles, use and limitations of applicable ATS surveillance systems and associated equipment; and (b) procedures for the provision of air traffic service surveillance service, as appropriate, including procedures to ensure appropriate terrain clearance.

178. Experience requirements for Air Traffic Control Ratings
(1)

An applicant for an Air Traffic Control Rating shall have- (a) satisfactorily completed an approved training course; and

(b)

demonstrated the required competence while providing, under the supervision of an Air Traffic Control, on-the-job training instructor, one or more of the following-

(i)

aerodrome control rating, an aerodrome control service, for a period of not less than ninenty hours or 1 month, whichever is greater, at the unit for which the rating is sought; (ii) approach control procedural, approach control surveillance, area control procedural or area control surveillance rating, the control service for which the rating is sought, for a period of not less than one hundred eighty hours or 3 months, whichever is greater, at the unit for which the rating is sought; and (iii) approach precision radar control rating, not less than two hundred precision approaches of which not more than one hundred shall have been carried out on a radar simulator approved for that purpose by the authority and not less than fifty of those precision approaches shall have been carried out at the unit and on the equipment for which the rating is sought; and

(c)

if the privileges of the approach control surveillance rating include surveillance radar approach duties, the experience shall include not less than twenty five plan position indicator approaches on the surveillance equipment of the type in use at the unit for which the rating is sought and under the supervision of an air traffic control on-the-job training instructor.

(2)

The application for Air Traffic Control Rating shall be made within 6 months from the completion of experience specified in subregulation (1) (b). (3) Where the applicant already holds an Air Traffic Controller Rating in another category, or the same rating for another unit, he or she shall have to meet the experience requirements for the additional rating sought.

179. Skill requirements for Air Traffic Controller

Ratings An applicant for an Air Traffic Controller Rating shall have demonstrated, at a level appropriate to the privileges being granted, the skill, judgement and performance required to provide a safe, orderly and expeditious control service, including the recognition and management of threats and errors

180. Concurrent issuance of two Air Araffic Controller Ratings

Where two Air Traffic Controller Ratings are sought concurrently, the requirements shall not be less than those of the more demanding rating

181. Privileges of holder of Air Traffic

Controller Rating and the conditions to be observed in exercising privileges (1) Subject to compliance with the requirements specified in regulations 19, 21, 23 and 25, the privileges of the holder of an Air Traffic Controller Licence endorsed with one or more of the under mentioned ratings shall be- (a) aerodrome control rating, to provide or to supervise the provision of aerodrome control service for the aerodrome for which the licence holder is rated; (b) approach control procedural rating, to provide or to supervise the provision of approach control service for the aerodrome or aerodromes for which the licence holder is rated, within the airspace or portion thereof, under the jurisdiction of the unit providing approach control service; (c) approach control surveillance rating, to provide or supervise the provision of approach control service with the use of

applicable ATS surveillance systems for the aerodrome or aerodromes for which the licence holder is rated, within the airspace or portion thereof, under the jurisdiction of the unit providing approach control service; and subject to compliance with the provisions of regulation 178(1)(c), the privileges shall include the provision of surveillance radar approaches;

(d)

approach precision radar control rating, to provide or supervise the provision of precision approach radar service at the aerodrome for which the licence holder is rated;

(e)

area control procedural rating, to provide or supervise the provision of area control service within the control area or portion thereof, for which the licence holder is rated; and

(f)

area control surveillance rating, to provide or supervise the provision of area control service with the use of an ATS surveillance system, within the control area or portion thereof, for which the licence holder is rated.

(2)

Before exercising the privileges in subregulation (1), the licence holder shall be familiar with all pertinent and current information.

(3)

A holder of an air traffic controller licence shall not carry out instruction in an operational environment unless the holder has received proper authorisation from the authority.

182. Validity of ratings

An air traffic controller rating shall become invalid when the holder has ceased to exercise the privileges of the rating for a period of 6 months and it shall remain invalid until the controller's ability to exercise the privileges of the rating has been re-established

183. Functions of holder of Air Traffic Controller Rating
(1)

Subject to subregulation (2), a holder of an Air Traffic Controller Licence which includes two or more ratings shall not at any one time perform the function specified in respect of more than one of these ratings.

(2)

The functions of any one of the following groups of ratings may be exercised at the same time- (a) the aerodrome control rating and the approach control rating; (b) approach control rating and the approach radar control rating, except that the functions of the approach radar control rating shall not be exercised at the same time as the functions of the approach radar control rating if the service being provided under the approach radar control is a surveillance radar approach terminating at a pointless than two nautical miles from the point of intersection of the glide path with the runway, the two functions shall not be exercised at the same time; (c) the area control rating and the area radar control rating; or (d) by an aerodrome control tower or area control centre when it is necessary or desirable to combine under the responsibility of one unit of the functions of the approach control service with those of the aerodrome control service or area control service.

184. Maximum working hours
(1)

Except in an emergency, a holder of Air Traffic Controller Licence shall not perform any duties for twenty four consecutive hours during each 7 consecutive days.

(2)

An Air Traffic Controller may not serve or be required to serve- (a) for more than ten consecutive hours; or

(b)

for more than ten hours during a period of twenty four consecutive hours, unless the air traffic controller has had a rest period of at least 8 hours at or before the end of the ten hours of duty.

185. Responsibilities over fatigue

A person holding an air traffic controller licence shall not act as an air traffic controller nor shall an employer allow a licensed controller, if the controller or the employer knows or suspects that the controller is suffering from or having regard to the circumstances of the period of duty to be undertaken, is likely to suffer from, such fatigue as may endanger the safety of any aircraft to which an air traffic control service may be provided

186. Prohibition of unlicensed air traffic controllers
(1)

An air traffic controller shall not provide any type of air traffic service at any aerodrome at which air traffic control service is required to be provided under the Civil Aviation (Rules of the Air) Regulations, 2020 or at any other place, not being an aerodrome, at which air traffic control service is provided, whether or not under the direction of the authority, unless he or she does so in accordance with the terms of- (a) a valid Air Traffic Controller Licence granted authorising Air Traffic Controller to provide that type of service at that aerodrome or other places; (b) a valid Air Traffic Controller Licenc so granted which does not authorise air traffic controller to provide that type of service at the aerodrome or other place, but he or she is supervised by a person who is present at the time and who is the holder of a valid Air Traffic Controller Licence so granted which authorises him or her to provide at that aerodrome or other place the type of air traffic control service which is being provided; or (c) the air traffic controller's appointment as an air traffic controller trainee and he or she is supervised by a person who is present at the time and who is the holder of a valid Air Traffic Controller Licence so granted which authorises him or her to provide that type of service at any aerodrome or at a place at which airtraffic control service is provided.

(2)

An Air Traffic Controller Licence shall not be required by any person who acts in the course of his or her duty as a member of Uganda military or a visiting force provided the person meets the applicable air traffic controller rating requirements of these Regulations.

(3)

A holder of an Air Traffic Controller Licence shall not perform any of the functions specified in regulation 183 of these Regulations in respect of a rating at any of the places referred to in subregulation (1) unless-

(a)

his or her licence includes that rating and the rating is valid for the place at which, and the type of radar equipment, if any, with the aid of which functions are performed; or

(b)

he or she is supervised by a person who is present at the time and who is the holder of a valid air traffic controller's licence granted under these Regulations which authorises him to provide at that aerodrome or other place the type of air traffic control service which is being provided.

(4)

Nothing in this regulation shall prohibit a holder of a valid Air Traffic Controller Licence from providing at any place for which the licence includes a valid rating, information to aircraft in flight in the interests of safety.

187. Renewal requirements of air traffic controller licence

An air traffic controller licence may be renewed if the holder of the licence has performed the functions of the rating or ratings in the licence on at least two operational shifts within 6 months preceding the date of application for renewal Flight Operations Officer Licence

188. General requirements for issue of Flight

Operations Officer Licence An applicant for a Flight Operations Officer Licence shall (a) be at least twenty one years of age; (b) demonstrate the ability to speak and understand the English language in accordance with the language proficiency requirements specified in Schedule 3 of these Regulations; and (c) comply with the knowledge requirements, experience or training requirements and skill requirements for flight operations officer as contained in these Regulations.

189. Knowledge requirements for Flight Operations Officer Licence
(1)

The applicant shall demonstrate a level of knowledge and skill appropriate to the privileges granted to the holder of a Flight Operations Officer Licence as follows- (a) air law including- (i) rules and regulations relevant for operational control and to the holder of a Flight Operations Officer Licence; and (ii) appropriate air traffic services practices and procedures; (b) aircraft general knowledge including- (i) principles of operation of aeroplane engines, systems and instruments; (ii) operating limitations of aeroplanes and engines; and (iii) minimum equipment list and configuration deviation list;

(c)

flight performance calculation, planning procedures and loading including- (i) effects of loading and mass distribution on aircraft performance and flight characteristics, mass and balance calculations; (ii) operational flight planning; (iii) fuel consumption and endurance calculations; (iv) alternate aerodrome selection procedures; (v) en-route cruise control; (vi) extended range operation; (vii) preparation and filing of air traffic services flight plans; (viii) basic principles of computer-assisted planning systems; (ix) take-off performance including field length, climb and obstacle criteria and limitation; (x) cruise performance including minimum altitudes, decompression, engine out or gear down scenario planning; and (xi) landing performance including approach, climb and field length criteria and limitations; (d) human performance relevant to operational control duties, including principles of TEM; (e) meteorology including- (i) aeronautical meteorology; (ii) the movement of pressure systems; (iii) the structure of fronts and the origin and characteristics of significant weather phenomena which affect take- off, en-route and landing conditions;

(iv)

interpretation and application of aeronautical meteorological reports, charts and forecasts; (v) codes and abbreviations; and (vi) use of, and procedures for obtaining meteorological information; (f) navigation including principles of air navigation with particular reference to instrument flight; (g) operational procedures including- (i) use of aeronautical documentation and standard operating procedures; (ii) operational procedures for the carriage of freight and dangerous goods; (iii) procedures relating to aircraft accidents and incidents; (iv) emergency flight procedures; and (v) procedures relating to unlawful interference and sabotage of aircraft; (h) principles of flight relating to the appropriate category of aircraft; and (i) radio communication procedures for communicating with aircraft and relevant ground stations.

(2)

The knowledge test results for a flight operations officer licences shall be valid for eighteen months after passing the examination.

190. Experience or training requirements for Flight

Operations Officer Licence (1) An applicant for a Flight Operations Officer Licence shall present documentary evidence satisfactory to the authority that the applicant has the experience or training as follows-

(a)

a total of 2 years of service in any one or in any combination of the capacities specified in subparagraph (i), (ii) or (iii), provided that in any combination of experience the period served in any capacity shall be at least 1 year- (i) a flight crew member in commercial air transport; (ii) a meteorologist in an organisation providing operation control to aircraft in commercial air transport; or (iii) an air traffic controller or technical supervisor of flight operations officer or air transportation flight operations systems; (b) at least one year as an assistant in the dispatching aircraft used in commercial air transport; or (c) has satisfactorily completed a course of approved training in flight operations. (2) In addition to the requirement of subregulation (1), the applicant shall have served under the supervision of a licensed Flight Operations Officer for at least ninenty working days, within which the applicant shall have accomplished at least twenty dispatches, exercising the skill requirements specified in regulation 191 within the 6 months immediately preceding the application.

191. Skill requirements for Flight Operations Officer

Licence An applicant for Flight Operations Officer Licence shall demonstrate the ability to (a) identify and to retrieve aeronautical data and other information relevant for the analysis of operational situations and risks; (b) identify and evaluate the risk factors and the possible consequences for flight operations; (c) identify and evaluate actions considering risk, the effect on flight safety and regularity of the operation;

(d)

determine an appropriate course of action based on the responsibilities and policies described in the operation manuals; (e) apply appropriate standard and non-standard procedures from the operations manual for the initiation, planning, continuation, diversion or termination of flights in the interest of safety of the aircraft and regularity and efficiency of the operation; (f) make an accurate and operationally acceptable weather analysis; (g) provide an operationally valid briefing on weather conditions of a specific air route; (h) forecast weather trends pertinent to air transportation with particular reference to destination and alternates; (i) identify and apply operational limitations and minimums in relation to the weather, aircraft status and appropriate navigation procedures; (j) determine the optimum flight path for a given segment, and create accurate manual or computer generated flight plans; and (k) provide operating supervision and all other assistance to a flight in actual or simulated adverse weather conditions, as appropriate to the duties of the holder of a flight operations officer licence; and recognise and manage threats and errors.

192. Privileges and limitations of Flight Operations Officer Licence

Subject to compliance with the requirements specified in regulation 19 of these Regulations, the privileges of the holder of a flight operations officer licence shall be to serve in that capacity with responsibility for each area for which the applicant meets the requirements in the Civil Aviation (Operation of Aircraft) (General Aviation) (Aeroplanes) Regulations, 2022.

193. Renewal requirements of Flight Operations Officer Licence A Flight Operations Officer Licence may be renewed

when the holder has performed his or her duties in the 6 months preceding the date of application for renewal exercising the privileges of the licence Cabin Crew Member

194. Required certificate, ratings and qualifications for

cabin crew member (1) A person shall not perform the duties of a cabin crew member unless that person holds- (a) a cabin crew member certificate; (b) a rating for the specific aircraft type or is operating under the supervision of a rated cabin crew for the purpose of qualifying for the rating; (c) the required knowledge for the type of aircraft and operating position; and (d) a current medical certificate class 2.

(2)

A person undergoing training to qualify for a cabin crew member certificate or rating shall not- (a) form a part of the required minimum number of cabin crew member for that aircraft; and (b) be assigned to an operating position that requires a cabin crew member.

(3)

In this regulation, "operating position" means a duty station assigned to the cabin crew member for execution of emergency duties.

195. Requirements for cabin crew member certificate

An applicant for a cabin crew member certificate shall (a) be at least eighteen years of age; (b) be able to speak and understand the English language sufficiently to adequately carry out the responsibilities of a cabin crew member; (c) hold a medical class 2 certificate; (d) have completed a course of approved training in the areas listed in regulation 196; and (e) have passed a test in the knowledge and skill areas specified in regulation 196.

196. Minimum knowledge and skill requirements for

cabin crew member certificate (1) An applicant for a cabin crew member certificate shall have successfully completed training conducted by a suitably qualified person in the following areas and in accordance with the requirements in the Civil Aviation (Operation of Aircraft) (General Aviation) (Aeroplanes) Regulations, 2022. (a) initial training- (i) aviation indoctrination; (ii) cabin crew tasks; (iii) normal, abnormal and emergency procedures; (iv) aircraft type training; (v) dangerous goods; (vi) human performance; (vii) cabin health and first aid; (viii) aviation security; and (ix) identifying and responding to trafficking in persons; (b) aircraft type training- (i) aircraft description;

(ii)

cabin configuration, including number and distribution of cabin crew seats and number of passenger seats; (iii) cabin layout including interior design, stowage compartments such as overhead bins, and closets; (iv) galleys; (v) lavatories; (vi) flight deck familiarisation and egress; (vii) crew rest areas- normal and emergency egress and other remote areas; (viii) exits - type, number, location and operation; (ix) assisting evacuation means, including slide, slide- raft, life raft, rope; (x) safety and emergency equipment, including location and operation; (xi) aircraft systems relevant to cabin crew tasks- (aa) air conditioning, ventilation, and pressurisation systems; (bb) communication systems and associated signaling panels; (cc) control panels; (dd) electrical systems including galley, lavatory, in-flight entertainment system, in-seat electrical system and circuit breaker panels; (ee) evacuation alarm system; (ff) fire suppression and extinguishing systems; (gg) lighting systems including interior, exterior and emergency lights; (hh) oxygen systems including cabin and flight deck;

(ii)

smoke detection system; (jj) water and waste systems; (kk) normal procedures and the related hands-on or simulated exercises; (ll) installed emergency locator transmitters (mm) abnormal and emergency procedures and the related hands-on or simulated exercises; and (nn) design-related elements that may impact normal and/or emergency procedures (stairs, smoke curtain, social areas, non-forward facing passenger seats, cargo areas if Accessible from the passenger compartment during flight, etc.). (c) aircraft visit- (i) cabin crew stations; (ii) cabin layout including interior design, stowage compartments such as overhead bins, and closets; (iii) galleys; (iv) lavatories; (v) flight deck familiarisation and egress; (vi) crew rest areas and any other remote areas; (vii) safety and emergency equipment; (viii) exits including location and their environment; (ix) assisting evacuation means including location and stowage; and (x) aircraft systems relevant to cabin crew tasks including- (aa) communication systems and associated signaling panels;

(bb)

control panels; (cc) electrical systems: galley, lavatory, in-flight entertainment system, in-seat electrical system, circuit breaker panels; (dd) evacuation alarm system; (ee) fire suppression and extinguishing systems; (ff) lighting systems including interior, exterior and emergency lights; (gg) oxygen systems including the cabin and flight deck; (hh) smoke detection system; (ii) water and waste systems; (jj) cargo areas if accessible from the passenger compartment during flight; and (d) a minimum of 2 familiarisation flights or line indoctrination, covering the following areas- (i) aircraft characteristics and description; (ii) cockpit configuration; (ii) cabin configuration; (iii) galleys; (iv) lavatories; and (v) towage areas. (2) The familiarisation flight referred to in subregulation (1) (d) shall be- (a) completed in not more than thirty days following the ground training specified in subregulation (1) (a) and (b); and (b) supervised by a senior cabin crew rated on the aircraft type.

(3)

The familiarisation flight referred to in subregulation (1) (d) shall be structured to involve the cabin crew trainee in the participation of safety related tasks but shall not constitute part of the minimum cabin crew compliment.

(4)

An applicant for a cabin crew member certificate shall demonstrate a level of knowledge and skill appropriate to the privileges granted to the holder of a cabin crew member certificate, as follows- (a) fire and smoke training to include- (i) emphasis on the responsibility of cabin crew to deal promptly with emergencies involving fire and smoke and, in particular, emphasis on the importance of identifying the actual source of the fire; (ii) the importance of informing the flight crew immediately as well as the specific actions necessary for co-ordination and assistance, where fire or smoke is discovered; (iii) the necessity for frequent checking of potential fire- risk areas including toilets and the associated smoke detectors; (iv) the classification of fires and the appropriate type of extinguishing agents and procedures for particular fire situations, the techniques of application of extinguishing agents, the consequences of misapplication and of use in a confined space; and (v) the general procedures of ground-based emergency services at aerodromes; (b) water survival training to include the actual donning and use of personal flotation equipment in water by each cabin crew member, before first operating on an aeroplane fitted with life-rafts or other similar equipment, training must be given on the use of this equipment, as well as actual practice in water;

(c)

survival training appropriate to the areas of operation such as polar, desert, jungle or sea; (d) medical aspects and first aid including- (i) instruction on first aid and the use of first-aid kits; (ii) first aid associated with survival training and appropriate hygiene; and (iii) the physiological effects of flying and with particular emphasis on hypoxia; (e) passenger handling to include the following- (i) advice on the recognition and management of passengers who are, or become, intoxicated with alcohol or are under the influence of drugs or are aggressive; (ii) methods used to motivate passengers and the crowd control necessary to expedite an aeroplane evacuation; (iii) the safe stowage of cabin baggage including cabin service items and the risk of the baggage becoming a hazard to occupants of the cabin or otherwise obstructing or damaging safety equipment or aeroplane exits; (iv) the importance of correct seat allocation with reference to aeroplane mass and balance with particular emphasis given on the seating of disabled passengers and the necessity of seating able-bodied passengers adjacent to unsupervised exits; (v) duties to be undertaken in the event of encountering turbulence including securing the cabin; (vi) precautions to be taken when live animals are carried in the cabin;

(vii)

dangerous goods training relating to carriage of goods by air; and (viii) air operator security requirements as provided for in the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022; (f) communication with emphasis being placed on the importance of effective communication between cabin crew and flight crew including technique, common language and terminology such as- (i) the importance of cabin crew performing their duties in accordance with the operations manual; (ii) continuing competence and fitness to operate as a cabin crew member with special regard to flight and duty time limitations and rest requirements; (iii) an awareness of the aviation regulations relating to cabin crew member and the role of the authority; (iv) general knowledge of relevant aviation terminology, theory of flight, passenger distribution, meteorology and areas of operation; (v) pre-flight briefing of the cabin crew member and the provision of necessary safety information with regard to their specific duties; (vi) the importance of ensuring that relevant documents and manuals are kept up-to date with amendments provided by the operator; (vii) the importance of identifying when cabin crew members have the authority and responsibility to initiate an evacuation and other emergency procedures; and

(viii)

the importance of safety duties and responsibilities and the need to respond promptly and effectively to emergency situations; (g) discipline and responsibilities; and (h) crew resource management to include appropriate provisions of the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022.

197. Privileges and limitations of cabin crew member certificate
(1)

A holder of a cabin crew member certificate may- (a) act as a cabin crew member in aircraft of types specified in his or her certificate; (b) act as a cabin crew instructor when authorised; or (c) act as a cabin crew examiner when authorised.

(2)

A holder of a cabin crew member certificate shall not perform the duties of a cabin crew member on more than 3 aircraft of different variants.

198. Renewal requirements for cabin crew member certificate
(1)

A holder of a cabin crew member certificate may apply for renewal where he or she has successfully completed the annual recurrent training as specified in regulation 199 approved by the authority.

(2)

Where the cabin crew member certificate has expired for a period not exceeding 6 months, the applicant shall apply for renewal, subject to subregulation (1).

(3)

Where the cabin crew member certificate has expired for a period exceeding 6 months, the applicant shall be required to meet the initial training and testing requirements.

(4)

Where the cabin crew member certificate holder has not performed any flying duties during the twelve consecutive months the applicant shall in addition to the requirements of subregulation (3) be required to complete training on aircraft specific type, operator conversion and line indoctrination.

199. Recurrent training requirements for cabin crew member A holder of a cabin crew member certificate shall undergo

recurrent training every twelve months to maintain the level of performance for his or her duties and responsibilities in the following areas (a) exits including type, number, location and operation; (b) assisting evacuation means including slide, slide-raft, life raft and rope; (c) safety and emergency equipment, including location and operation; (d) aircraft systems relevant to the cabin crew tasks specified in regulation 196 (1) (b) (xi); (e) normal procedures and the related hands-on or simulated exercises; (f) abnormal and emergency procedures and the related hands-on or simulated exercises, including- (i) firefighting, including a live firefighting exercise, as required by the authority; (ii) fume events; (iii) decompression; (iv) evacuation on land and on water, including a wet drill, as required by the authority; and (v) flight and cabin crew member incapacitation; (g) crew resource management;

(h)

passenger handling and crowd control; (i) aviation security; (j) first aid; (k) dangerous goods, within twenty four months of previous training, in accordance with the approved training program; (l) review of recent incidents or accidents pertinent to the operator; and (m) identifying and responding to trafficking in persons.

200. Cabin crew member aircraft differences training

A holder of a cabin crew certificate shall not perform the duties of cabin crew member on an aircraft that has differences from the model or series that he or she is previously qualified unless he or she has completed the differences training in at least the following areas (a) exits including type, number, location and operation; (b) assisting evacuation means including slide, slide-raft, life raft and rope; (c) safety and emergency equipment, including location and operation; (d) aircraft systems relevant to cabin crew tasks specified in regulation 196 (1) (b); (e) normal procedures and the related hands-on or simulated exercises; (f) abnormal and emergency procedures and the related hands-on or simulated exercises; and (g) design-related elements that may impact on normal and emergency procedures, including stairs, smoke curtain, social areas, non-forward facing passenger seats, cargo areas if accessible from the passenger compartment during flight.

Instructors and Designated Examiners

201. General requirements for instructors
(1)

A person may be authorised to instruct in an Approved Training Organisation provided that he or she has received an approved training course in fundamentals of instructing and has passed a knowledge test on the following areas of instruction- (a) techniques of applied instruction; (b) assessment of student performance in the subjects in which ground instruction is given; (c) the learning process; (d) elements of effective teaching; (e) student evaluation, testing and training philosophies; (f) training programme development; (g) lesson planning; (h) classroom instructional techniques; (i) use of training aids, including flight simulation training devices as appropriate; (j) analysis and correction of student errors; (k) human performance relevant to flight instruction; (l) hazards involved in simulating system failures and malfunctions in the aircraft; and (m) principles of threat and error management.

(2)

The following applicants may not need to comply with subregulation (1) of this regulation- (a) the holder of an instructor licence or authorisation issued under this regulation, who has already passed the knowledge test in the areas of instructing;

(b)

the holder of a current teacher's certificate issued by a national or local authority that authorises the person to teach at a secondary educational level or higher; or (c) a person who provides evidence of an equivalent level of experience acceptable to the authority.

(3)

The applicant for an instructor authorisation shall have a minimum of three years' experience as a holder of the relevant licence issued under these Regulations or relevant qualification.

202. Cabin crew member instructor authorisation
(1)

A person is eligible for a cabin crew member instructor authorisation, where he or she has- (a) a minimum of 3 years of experience as a cabin crew member; (b) qualifications and experience as a lead cabin crew member on the type for which the instruction is sought; (c) undergone training in the applicable areas of the fundamentals of instructing as specified in the regulation 201(1); (d) successfully completed the training and assessment program prescribed in Schedule 6 to these Regulations; (e) been nominated by the operator; and (f) demonstrated satisfactory knowledge of the contents and interpretation of the following- (i) civil aviation regulations; or (ii) relevant civil aviation publications;

(2)

The requirements in subregulation (1) do not preclude a subject matter expert from being authorised to examine on matters that deal with his or her area of expertise.

203. Cabin crew member examiner authorisation
(1)

A person is eligible for a cabin crew member examiner authorisation, where he or she has- (a) a minimum of 5 years' experience as a cabin crew member; (b) qualifications and experience as a lead cabin crew member or purser on the type for which the privilege to examine is sought; (c) experience of at least 1 year as a cabin crew instructor, having been authorised in accordance with regulation 202; (d) successfully completed the training and assessment program prescribed in Schedule 6 to these Regulations; (e) been nominated by the operator; and (f) demonstrated satisfactory knowledge of the contents and interpretation of the following- (i) civil aviation regulations; (ii) designated cabin crew evaluator manual; and (iii) relevant civil aviation publications.

(2)

The requirements in subregulation (1) do not preclude a subject matter expert from being authorised to examine on matters that deal with his or her area of expertise.

Part X

204. Classes of medical assessment
(1)

The authority may issue classes of medical assessment that are intended to indicate the minimum medical standards as follows-

(a)

class 1 medical assessment which applies to applicants for, and holders of- (i) commercial pilot licences-aeroplane, airship, helicopter and powered-lift; (ii) multi-crew pilot licences-aeroplane; and (iii) airline transport pilot licences-aeroplane, helicopter and powered-lift; (b) class 2 medical assessment applies to applicants for and holders of- (i) flight navigator licences; (ii) flight engineer licences; (iii) private pilot licences- aeroplane, airship, helicopter and powered-lift; (iv) glider pilot licences; and (v) free balloon pilot licences; and (c) class 3 medical assessment which applies to applicants for, and holders of- (i) air traffic controller; and (ii) remote pilot licences.

(2)

The applicant for a medical assessment shall provide the medical examiner with a personally certified statement of medical facts concerning personal, familial and hereditary history.

(3)

The applicant shall be made aware of the necessity for giving a statement that is as complete and accurate as the applicant's knowledge permits and any false statement shall be dealt with in accordance with regulation 14 (3).

(4)

The medical examiner shall report to the authority any individual case where, in the examiner's opinion, an applicant's failure to meet any requirement, whether numerical or otherwise, is such that exercise of the privileges of the licence being applied for, or held, is not likely to jeopardise flight safety prescribed in regulation 16 (1).

(5)

The level of medical fitness to be met for the renewal of a medical assessment shall be the same as that for the initial assessment except where otherwise specifically stated under these Regulations.

(6)

The intervals between routine medical examinations for the purpose of renewing medical assessments shall be as specified in regulation 19 (1).

205. Aviation medical examiner, designation and qualifications
(1)

The authority may designate a medical doctor who meets the qualifications specified in subregulation (2) as an aviation medical examiner to conduct medical examinations for fitness of applicants for the issue or renewal of licences or certificates specified in these Regulations. (2) For a medical doctor to be designated as an aviation medical examiner, he or she shall- (i) be qualified and licensed in the practice of medicine; (ii) have obtained aviation medicine training at an institution recognised by the authority; (iii) demonstrate adequate competence in aviation medicine; and (iv) have practical knowledge and experience of the conditions in which the holders of licences and ratings carry out their duties.

(3)

A medical examiner shall receive refresher training after every 5 years or as prescribed by the authority.

206. Evaluation of medical examiners' competence
(1)

The authority shall use the services of medical assessors to evaluate reports submitted to the authority by a medical examiner and making final assessments for issue, renew or deny medical certificates.

(2)

The medical assessors shall be qualified and experienced in the practice of aviation medicine and competent in evaluating and assessing medical conditions of flight safety significance. (3) Medical assessors shall maintain the currency of their professional knowledge after every 3 years.

(4)

The medical assessors shall periodically evaluate the competence of medical examiners to ensure that the medical examiners meet applicable standards for good medical practice and aeromedical risk assessment. (5) The medical assessors shall be in charge of accredited medical conclusions.

207. Delegation of authority
(1)

The authority may delegate to an aviation medical examiner the authority to- (a) accept applications for physical examinations necessary for issue of a medical certificate under these Regulations; (b) examine applicants for and holders of medical certificates to determine whether the applicants meet applicable medical standards; and (c) recommend issuance, renewal, denial or withdrawal of medical certificates to an applicant based on meeting or failing to meet applicable medical standards.

(2)

The authority shall retain the right to reconsider any action of an aviation medical examiner.

Medical Certification Procedures

208. Medical records
(1)

An applicant for a medical certificate shall, on a form and in manner prescribed by the authority in the applicable technical guidance material-

(a)

sign and furnish the medical examiner with a personally certified statement of medical facts concerning personal, familial and hereditary history that is as complete and accurate as the applicant's knowledge permits, the date, place and result of the last examination; and

(b)

indicate to the examiner whether a medical assessment has previously been refused, revoked or suspended and, if so, the reason for such refusal, revocation or suspension.

(2)

Any false declaration to a medical examiner made by an applicant for a licence or rating shall be reported to the authority for such action as may be considered appropriate.

(3)

Where an applicant for a medical certificate fails within a reasonable period to provide the requested medical information or history or fails to authorise the release so requested, the authority may deny the application as well as suspend, modify or revoke all medical certificates held by the applicant.

(4)

Where a medical certificate is suspended or modified under subregulation (3), the suspension or modification remains in effect until- (a) the holder provides the requested information, history or authorisation to the authority; and (b) the authority determines that the holder meets the medical standards.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Medical records”.

“(1) An applicant for a medical certificate shall, on a form and in manner prescribed by the authority in the applicable technical guidance material-”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. (1) An applicant for a medical certificate shall, on a form and in manner prescribed by the authority in the applicable technical guidance material-
  2. (a) sign and furnish the medical examiner with a personally certified statement of medical facts concerning personal, familial and hereditary history that is as complete and accurate as the applicant's knowledge permits, the date, place and result of the last examination; and
  3. (b) indicate to the examiner whether a medical assessment has previously been refused, revoked or suspended and, if so, the reason for such refusal, revocation or suspension.
  4. (2) Any false declaration to a medical examiner made by an applicant for a licence or rating shall be reported to the authority for such action as may be considered appropriate.
  5. (3) Where an applicant for a medical certificate fails within a reasonable period to provide the requested medical information or history or fails to authorise the release so requested, the authority may deny the application as well as suspend, modify or revoke all medical certificates held by the applicant.
  6. (4) Where a medical certificate is suspended or modified under subregulation (3), the suspension or modification remains in effect until- (a) the holder provides the requested information, history or authorisation to the authority; and (b) the authority determines that the holder meets the medical standards.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
209. Submission of signed medical evaluation reports
(1)

An aviation medical examiner who is authorised to conduct a medical examination shall-

(a)

sign the required report and medical certificate and submit directly to the authority the full details in the form and manner prescribed by the authority;

(b)

report to the authority any individual case where in the aviation medical examiner's judgement, an applicant has failed to meet any requirement that is likely to jeopardise flight safety; and

(c)

having commenced a medical evaluation of an applicant, submit to the authority the report, whether the evaluation is terminated prior to completion, yielded sub-standard results, or was completed satisfactorily.

(2)

Where the medical report is submitted to the authority in electronic format, adequate identification of the examiner shall be established.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Submission of signed medical evaluation reports”.

“(1) An aviation medical examiner who is authorised to conduct a medical examination shall-”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) An aviation medical examiner who is authorised to conduct a medical examination shall-
  2. (a) sign the required report and medical certificate and submit directly to the authority the full details in the form and manner prescribed by the authority;
  3. (b) report to the authority any individual case where in the aviation medical examiner's judgement, an applicant has failed to meet any requirement that is likely to jeopardise flight safety; and
  4. (c) having commenced a medical evaluation of an applicant, submit to the authority the report, whether the evaluation is terminated prior to completion, yielded sub-standard results, or was completed satisfactorily.
  5. (2) Where the medical report is submitted to the authority in electronic format, adequate identification of the examiner shall be established.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
210. Issue of medical certificate
(1)

An aviation medical examiner shall issue the relevant medical certificate to any person who meets the medical standards specified in these Regulations, based on medical examination and evaluation of the applicant's history and condition.

(2)

A person to be issued with a medical certificate shall undergo a medical examination based on the physical and mental standards contained in these Regulations.

(3)

Where the medical examination is carried out by two or more medical examiners, the authority shall appoint one of these to be responsible for coordinating the results of the examination, evaluating the findings with regard to medical fitness, and signing the report.

(4)

The medical examiner shall be required to submit sufficient medical information to the authority to enable the authority to audit medical assessments.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Issue of medical certificate”.

“(1) An aviation medical examiner shall issue the relevant medical certificate to any person who meets the medical standards specified in these Regulations, based on medical examination and evaluation of the applicant's history and condition.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) An aviation medical examiner shall issue the relevant medical certificate to any person who meets the medical standards specified in these Regulations, based on medical examination and evaluation of the applicant's history and condition.
  2. (2) A person to be issued with a medical certificate shall undergo a medical examination based on the physical and mental standards contained in these Regulations.
  3. (3) Where the medical examination is carried out by two or more medical examiners, the authority shall appoint one of these to be responsible for coordinating the results of the examination, evaluating the findings with regard to medical fitness, and signing the report.
  4. (4) The medical examiner shall be required to submit sufficient medical information to the authority to enable the authority to audit medical assessments.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
211. Denial of medical certificate
(1)

An applicant for a medical certificate may be denied a certificate if, upon medical examination, the applicant does not meet the physical and mental standards specified in these Regulations.

(2)

The denial of the medical certificate is effective- (a) on the date of the medical evaluation that determined that the applicant did not meet the physical and mental standards specified in these Regulations; and (b) until such time that the applicant is again determined by the authority to be fit to exercise the privileges through- (i) an accredited medical conclusion; (ii) a special flight test; or (iii) with respect to a transient condition, until a subsequent satisfactory report is acceptable to the authority.

(3)

An applicant who is denied a medical certificate by an aviation medical examiner may, within thirty days after the date of the denial, apply in writing to the authority for reconsideration of the denial. (4) Upon receiving an application for reconsideration, the authority shall appoint more than one medical examiner to conduct medical examination on the applicant and shall designate one of the medical examiners to be responsible for coordinating the results of the examination, evaluation and findings with regard to medical fitness, and signing the report.

(5)

Where the applicant does not apply for reconsideration during the thirty day period after the date of the denial, the authority shall consider that applicant has withdrawn the application for a medical certificate.

(6)

The period of validity of a medical assessment may be reduced when clinically indicated.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Denial of medical certificate”.

“(1) An applicant for a medical certificate may be denied a certificate if, upon medical examination, the applicant does not meet the physical and mental standards specified in these Regulations.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) An applicant for a medical certificate may be denied a certificate if, upon medical examination, the applicant does not meet the physical and mental standards specified in these Regulations.
  2. (2) The denial of the medical certificate is effective- (a) on the date of the medical evaluation that determined that the applicant did not meet the physical and mental standards specified in these Regulations; and (b) until such time that the applicant is again determined by the authority to be fit to exercise the privileges through- (i) an accredited medical conclusion; (ii) a special flight test; or (iii) with respect to a transient condition, until a subsequent satisfactory report is acceptable to the authority.
  3. (3) An applicant who is denied a medical certificate by an aviation medical examiner may, within thirty days after the date of the denial, apply in writing to the authority for reconsideration of the denial. (4) Upon receiving an application for reconsideration, the authority shall appoint more than one medical examiner to conduct medical examination on the applicant and shall designate one of the medical examiners to be responsible for coordinating the results of the examination, evaluation and findings with regard to medical fitness, and signing the report.
  4. (5) Where the applicant does not apply for reconsideration during the thirty day period after the date of the denial, the authority shall consider that applicant has withdrawn the application for a medical certificate.
  5. (6) The period of validity of a medical assessment may be reduced when clinically indicated.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
212. Medical confidentiality
(1)

Medical confidentiality shall be respected at all times and all medical reports and records shall be securely held with accessibility restricted to authorised personnel.

(2)

When justified by operational considerations, the medical assessor shall determine to what extent pertinent medical information, in addition to the information contained in the medical report submitted under regulation 209, is presented to relevant officials of the authority.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Medical confidentiality”.

“(1) Medical confidentiality shall be respected at all times and all medical reports and records shall be securely held with accessibility restricted to authorised personnel.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) Medical confidentiality shall be respected at all times and all medical reports and records shall be securely held with accessibility restricted to authorised personnel.
  2. (2) When justified by operational considerations, the medical assessor shall determine to what extent pertinent medical information, in addition to the information contained in the medical report submitted under regulation 209, is presented to relevant officials of the authority.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
213. Issue of medical certificate with limitations
(1)

The authority may issue a medical certificate with a limitation to an applicant who does not meet the applicable standards for a medical certificate where the applicant shows to the satisfaction of the authority that- (a) an accredited medical conclusion indicates that in special circumstances the applicant's failure to meet any requirement, whether numerical or otherwise, is such that exercise of the privileges of the licence applied for is not likely to jeopardise flight safety; and (b) relevant ability, skill and experience of the applicant and operational conditions have been given due consideration. (2) The authority shall issue a medical limitation on a licence when the medical assess or a naviation medical examiner determines the safe performance of the licence holder's duties is dependent on compliance with such limitation.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Issue of medical certificate with limitations”.

“(1) The authority may issue a medical certificate with a limitation to an applicant who does not meet the applicable standards for a medical certificate where the applicant shows to the satisfaction of the authority that- (a) an accredited medical conclusion indicates that in special circumstances the applicant's failure to meet any requirement, whether numerical or otherwise, is such that exercise of the privileges of the licence applied for is not likely to jeopardise flight safety; and (b) relevant ability,…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (1) The authority may issue a medical certificate with a limitation to an applicant who does not meet the applicable standards for a medical certificate where the applicant shows to the satisfaction of the authority that- (a) an accredited medical conclusion indicates that in special circumstances the applicant's failure to meet any requirement, whether numerical or otherwise, is such that exercise of the privileges of the licence applied for is not likely to jeopardise flight safety; and (b) relevant ability, skill and experience of the applicant and operational conditions have been given due consideration. (2) The authority shall issue a medical limitation on a licence when the medical assess or a naviation medical examiner determines the safe performance of the licence holder's duties is dependent on compliance with such limitation.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
214. Duration of medical certificate
(1)

A class 1 medical certificate shall be issued to an applicant who is- (a) under the age of forty years shall be valid for twelve months from the day the medical examination is performed; and (b) forty years of age or more shall be valid for 6 months from the day the medical examination is performed. (2) A class 2 medical certificate shall be issued to an applicant who is- (a) under the age of forty years shall be valid for twenty four months from the day the medical examination is performed; and

(b)

forty years of age or more shall be valid for twelve months from the day the medical examination is performed.

(3)

A class 3 medical certificate shall be issued to an applicant who is- (a) under the age of forty years shall be valid for twenty four months from the day the medical examination is performed; and (b) forty years of age or more shall be valid for twelve months from the day the medical examination is performed.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Duration of medical certificate”.

“(1) A class 1 medical certificate shall be issued to an applicant who is- (a) under the age of forty years shall be valid for twelve months from the day the medical examination is performed; and (b) forty years of age or more shall be valid for 6 months from the day the medical examination is performed. (2) A class 2 medical certificate shall be issued to an applicant who is- (a) under the age of forty years shall be valid for twenty four months from the day the medical examination is performed; and”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) A class 1 medical certificate shall be issued to an applicant who is- (a) under the age of forty years shall be valid for twelve months from the day the medical examination is performed; and (b) forty years of age or more shall be valid for 6 months from the day the medical examination is performed. (2) A class 2 medical certificate shall be issued to an applicant who is- (a) under the age of forty years shall be valid for twenty four months from the day the medical examination is performed; and
  2. (b) forty years of age or more shall be valid for twelve months from the day the medical examination is performed.
  3. (3) A class 3 medical certificate shall be issued to an applicant who is- (a) under the age of forty years shall be valid for twenty four months from the day the medical examination is performed; and (b) forty years of age or more shall be valid for twelve months from the day the medical examination is performed.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
215. Renewal of medical certificate
(1)

The requirements for the renewal of a medical certificate are the same as those for the initial assessment except where otherwise specifically stated.

(2)

Where it is required to obtain or renew correcting lenses, the applicant for medical examination shall advise the aviation medical examiner conducting the medical examination of the new prescription, including revised reading distances as follows- (a) for a class1 medical certificate, for the visual cockpit tasks relevant to the types of aircraft in which the applicant is likely to function; (b) for a class 2 medical certificate, for the visual cockpit and cabin tasks relevant to the types of aircraft in which the applicant is likely to function; and (c) for a class 3 medical certificate, for the air traffic control or remote pilot duties the applicant is to perform.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Renewal of medical certificate”.

“(1) The requirements for the renewal of a medical certificate are the same as those for the initial assessment except where otherwise specifically stated.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) The requirements for the renewal of a medical certificate are the same as those for the initial assessment except where otherwise specifically stated.
  2. (2) Where it is required to obtain or renew correcting lenses, the applicant for medical examination shall advise the aviation medical examiner conducting the medical examination of the new prescription, including revised reading distances as follows- (a) for a class1 medical certificate, for the visual cockpit tasks relevant to the types of aircraft in which the applicant is likely to function; (b) for a class 2 medical certificate, for the visual cockpit and cabin tasks relevant to the types of aircraft in which the applicant is likely to function; and (c) for a class 3 medical certificate, for the air traffic control or remote pilot duties the applicant is to perform.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
216. Denial of issuance of medical certificate

A person shall not hold or be issued with a medical certificate if that person suffers from any disease or disability that could render that person likely to become suddenly unable to either perform assigned duties safely or operate an aircraft safely

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Denial of issuance of medical certificate”.

“A person shall not hold or be issued with a medical certificate if that person suffers from any disease or disability that could render that person likely to become suddenly unable to either perform assigned duties safely or operate an aircraft safely”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A person shall not hold or be issued with a medical certificate if that person suffers from any disease or disability that could render that person likely to become suddenly unable to either perform assigned duties safely or operate an aircraft safely
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
217. Medical requirements

A person shall not hold or be issued a medical certificate if that person (a) has any organic, functional or structural disease, defect or limitation (active, latent, acute or chronic); (b) has any wound, injury or sequelae from operation; or (c) uses any prescribed or non-prescribed medication or other treatment that, based on the case history and appropriate qualified medical judgement relating to the condition involved, the authority finds that the medication or treatment- (i) makes the person unable to safely perform the duties or exercise the privileges of the licence or rating applied for or held; or (ii) may reasonably be expected, for the maximum duration of the medical certificate applied for to make the applicant unable to perform the duties or exercise the privileges of the licence or rating.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Medical requirements”.

“A person shall not hold or be issued a medical certificate if that person (a) has any organic, functional or structural disease, defect or limitation (active, latent, acute or chronic); (b) has any wound, injury or sequelae from operation; or (c) uses any prescribed or non-prescribed medication or other treatment that, based on the case history and appropriate qualified medical judgement relating to the condition involved, the authority finds that the medication or treatment- (i) makes the person unable to safely…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A person shall not hold or be issued a medical certificate if that person (a) has any organic, functional or structural disease, defect or limitation (active, latent, acute or chronic); (b) has any wound, injury or sequelae from operation; or (c) uses any prescribed or non-prescribed medication or other treatment that, based on the case history and appropriate qualified medical judgement relating to the condition involved, the authority finds that the medication or treatment- (i) makes the person unable to safely perform the duties or exercise the privileges of the licence or rating applied for or held; or (ii) may reasonably be expected, for the maximum duration of the medical certificate applied for to make the applicant unable to perform the duties or exercise the privileges of the licence or rating.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
218. Physical and mental requirements
(1)

The authority shall ensure that an applicant for a medical certificate is free of- (a) any abnormality, congenital or acquired; (b) any active, latent, acute or chronic disability; (c) any wound, injury or sequelae from operation; or (d) any effect or side-effect of any prescribed or non-prescribed therapeutic diagnostic or preventive medication taken such as would entail a degree of functional incapacity which is likely to interfere with the safe operation of an aircraft or with the safe performance of duties.

(2)

The aviation medical examiner shall ensure that an applicant for a medical certificate is free of any disease or disability which could render the applicant likely to become suddenly unable to perform assigned duties safely and in the case of an applicant for a class 1 or 2 medical certificate, to operate an aircraft safely.

(3)

The medical examiner shall ensure that the applicant does not have an established medical history or clinical diagnosis of- (a) an organic mental disorder; (b) a mental or behavioural disorder due to use of psychoactive substances including dependence syndrome induced by alcohol or other psychoactive substances; (c) schizophrenia or schizotypal or delusional disorder; (d) a mood (affective) disorder; (e) a neurotic, stress-related or somatoform disorder; (f) a behavioural syndrome associated with psychological disturbances or physical factors; (g) a disorder of adult personality or behaviour, particularly if manifested by repeated overt acts; (h) mental retardation; (i) a disorder of psychological development; (j) a behavioural or emotional disorder with onset in childhood or adolescence; or (k) a mental disorder not otherwise specified such as might render the applicant unable to safely exercise the privileges of the licence applied for or held.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Physical and mental requirements”.

“(1) The authority shall ensure that an applicant for a medical certificate is free of- (a) any abnormality, congenital or acquired; (b) any active, latent, acute or chronic disability; (c) any wound, injury or sequelae from operation; or (d) any effect or side-effect of any prescribed or non-prescribed therapeutic diagnostic or preventive medication taken such as would entail a degree of functional incapacity which is likely to interfere with the safe operation of an aircraft or with the safe performance of duties.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) The authority shall ensure that an applicant for a medical certificate is free of- (a) any abnormality, congenital or acquired; (b) any active, latent, acute or chronic disability; (c) any wound, injury or sequelae from operation; or (d) any effect or side-effect of any prescribed or non-prescribed therapeutic diagnostic or preventive medication taken such as would entail a degree of functional incapacity which is likely to interfere with the safe operation of an aircraft or with the safe performance of duties.
  2. (2) The aviation medical examiner shall ensure that an applicant for a medical certificate is free of any disease or disability which could render the applicant likely to become suddenly unable to perform assigned duties safely and in the case of an applicant for a class 1 or 2 medical certificate, to operate an aircraft safely.
  3. (3) The medical examiner shall ensure that the applicant does not have an established medical history or clinical diagnosis of- (a) an organic mental disorder; (b) a mental or behavioural disorder due to use of psychoactive substances including dependence syndrome induced by alcohol or other psychoactive substances; (c) schizophrenia or schizotypal or delusional disorder; (d) a mood (affective) disorder; (e) a neurotic, stress-related or somatoform disorder; (f) a behavioural syndrome associated with psychological disturbances or physical factors; (g) a disorder of adult personality or behaviour, particularly if manifested by repeated overt acts; (h) mental retardation; (i) a disorder of psychological development; (j) a behavioural or emotional disorder with onset in childhood or adolescence; or (k) a mental disorder not otherwise specified such as might render the applicant unable to safely exercise the privileges of the licence applied for or held.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
219. Hearing test requirements
(1)

A person who holds or who applies to be issued a medical certificate shall be required to demonstrate a hearing performance sufficient for the safe exercise of his or her licence or rating privileges.

(2)

An applicant for a medical certificate shall be tested by pure tone audiometer at first issue for class 1 not less than once every five years and for class 3 not less than once every four years, up to the age of 40 years, thereafter not less than once every two years. (3) An applicant for a class 2 medical certificate shall be tested by pure-tone audiometry at first issue and, after the age of 50 years, not less than once every two years or other alternative methods providing equivalent results may be used. (4) At a medical examination where audiometer is not performed, an applicant shall be tested in a quiet room by whispered and spoken voice tests.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Hearing test requirements”.

“(1) A person who holds or who applies to be issued a medical certificate shall be required to demonstrate a hearing performance sufficient for the safe exercise of his or her licence or rating privileges.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) A person who holds or who applies to be issued a medical certificate shall be required to demonstrate a hearing performance sufficient for the safe exercise of his or her licence or rating privileges.
  2. (2) An applicant for a medical certificate shall be tested by pure tone audiometer at first issue for class 1 not less than once every five years and for class 3 not less than once every four years, up to the age of 40 years, thereafter not less than once every two years. (3) An applicant for a class 2 medical certificate shall be tested by pure-tone audiometry at first issue and, after the age of 50 years, not less than once every two years or other alternative methods providing equivalent results may be used. (4) At a medical examination where audiometer is not performed, an applicant shall be tested in a quiet room by whispered and spoken voice tests.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
220. Issue of medical certificate for persons under oral drugs

A medical certificate may be issued to an applicant where oral drugs are administered under conditions permitting appropriate medical supervision and control and which, according to an accredited medical conclusion, are compatible with the safe exercise of the applicant's licence and rating privileges

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Issue of medical certificate for persons under oral drugs”.

“A medical certificate may be issued to an applicant where oral drugs are administered under conditions permitting appropriate medical supervision and control and which, according to an accredited medical conclusion, are compatible with the safe exercise of the applicant's licence and rating privileges”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A medical certificate may be issued to an applicant where oral drugs are administered under conditions permitting appropriate medical supervision and control and which, according to an accredited medical conclusion, are compatible with the safe exercise of the applicant's licence and rating privileges
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
221. General visual requirements
(1)

A holder of a medical certificate or an applicant for a medical certificate shall have- (a) normally functioning eyes and adnexa; (b) normal fields of vision, normal binocular function; and (c) no active pathological condition, acute or chronic, nor sequelae of surgery or trauma of the eyes or their adnexae, which is likely to jeopardise flight safety. (2) A person with reduced stereopsis, abnormal convergence not interfering with near vision, and ocularmis reserves are sufficient to prevent asthenopia and diplopia shall not be disqualified.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “General visual requirements”.

“(1) A holder of a medical certificate or an applicant for a medical certificate shall have- (a) normally functioning eyes and adnexa; (b) normal fields of vision, normal binocular function; and (c) no active pathological condition, acute or chronic, nor sequelae of surgery or trauma of the eyes or their adnexae, which is likely to jeopardise flight safety. (2) A person with reduced stereopsis, abnormal convergence not interfering with near vision, and ocularmis reserves are sufficient to prevent asthenopia and…”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (1) A holder of a medical certificate or an applicant for a medical certificate shall have- (a) normally functioning eyes and adnexa; (b) normal fields of vision, normal binocular function; and (c) no active pathological condition, acute or chronic, nor sequelae of surgery or trauma of the eyes or their adnexae, which is likely to jeopardise flight safety. (2) A person with reduced stereopsis, abnormal convergence not interfering with near vision, and ocularmis reserves are sufficient to prevent asthenopia and diplopia shall not be disqualified.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
222. Vision testing requirements
(1)

The medical examiner shall measure and record at each examination, the corrected and uncorrected visual acuity.

(2)

An applicant for a medical examination who uses contact lenses shall not have his or her uncorrected visual acuity measured at each re-examination provided the history of the contact lens prescription is known.

(3)

The test for visual acuity shall comply with the following- (a) for a visual acuity test in a lighted room, use a test illumination level of approximately 50 lx, normally corresponding to a brightness of 30 cd per square metre; and (b) visual acuity shall be measured by means of a series of optotypes of landolt or similar optotypes, placed at a distance of six metres from the applicant or five metres as appropriate.

(4)

The authority may require a separate ophthalmic report from an applicant before issue of a medical certificate.

(5)

The ophthalmic report shall be required where- (a) there is substantial decrease in the uncorrected visual acuity; (b) there is any decrease in best corrected visual acuity; and (c) there is an occurrence of eye disease, eye injury or eye surgery.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Vision testing requirements”.

“(1) The medical examiner shall measure and record at each examination, the corrected and uncorrected visual acuity.”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Vision testing requirements”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) The medical examiner shall measure and record at each examination, the corrected and uncorrected visual acuity.
  2. (2) An applicant for a medical examination who uses contact lenses shall not have his or her uncorrected visual acuity measured at each re-examination provided the history of the contact lens prescription is known.
  3. (3) The test for visual acuity shall comply with the following- (a) for a visual acuity test in a lighted room, use a test illumination level of approximately 50 lx, normally corresponding to a brightness of 30 cd per square metre; and (b) visual acuity shall be measured by means of a series of optotypes of landolt or similar optotypes, placed at a distance of six metres from the applicant or five metres as appropriate.
  4. (4) The authority may require a separate ophthalmic report from an applicant before issue of a medical certificate.
  5. (5) The ophthalmic report shall be required where- (a) there is substantial decrease in the uncorrected visual acuity; (b) there is any decrease in best corrected visual acuity; and (c) there is an occurrence of eye disease, eye injury or eye surgery.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
223. Acceptability of correcting lenses
(1)

An applicant may meet the visual acuity fitness for near or distant vision by using correcting lenses.

(2)

Correcting spectacles may be used where- (a) not more than one pair of correcting spectacles is used to demonstrate compliance with visual acuity requirements; (b) single-vision near correction lenses full lenses of one power only, appropriate to reading are not used for both near and distance vision; and

(c)

in order to read the instruments and a chart or manual held in the hand, and to make use of distant vision through the windscreen without removing the lenses, the spectacles as appropriate- (i) look over; (ii) bifocal; or (iii) trifocal.

(3)

An applicant for medical examination may use contact lenses to meet the distance vision acuity requirement if the lenses are- (a) monofocal; (b) non-tinted; and (c) well tolerated.

(4)

A holder of a medical certificate who requires correcting lenses or spectacles shall have a limitation placed on the document requiring him or her, while exercising the privileges of the licence or certificate, as appropriate- (a) to wear the distant-correction lenses at all times, (b) to have readily available and use the near-correction spectacles as necessary to accomplish near vision functions; and (c) to have a second pair of suitable spectacles, distant or near- correction, as appropriate, available for immediate use.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Acceptability of correcting lenses”.

“(1) An applicant may meet the visual acuity fitness for near or distant vision by using correcting lenses.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) An applicant may meet the visual acuity fitness for near or distant vision by using correcting lenses.
  2. (2) Correcting spectacles may be used where- (a) not more than one pair of correcting spectacles is used to demonstrate compliance with visual acuity requirements; (b) single-vision near correction lenses full lenses of one power only, appropriate to reading are not used for both near and distance vision; and
  3. (c) in order to read the instruments and a chart or manual held in the hand, and to make use of distant vision through the windscreen without removing the lenses, the spectacles as appropriate- (i) look over; (ii) bifocal; or (iii) trifocal.
  4. (3) An applicant for medical examination may use contact lenses to meet the distance vision acuity requirement if the lenses are- (a) monofocal; (b) non-tinted; and (c) well tolerated.
  5. (4) A holder of a medical certificate who requires correcting lenses or spectacles shall have a limitation placed on the document requiring him or her, while exercising the privileges of the licence or certificate, as appropriate- (a) to wear the distant-correction lenses at all times, (b) to have readily available and use the near-correction spectacles as necessary to accomplish near vision functions; and (c) to have a second pair of suitable spectacles, distant or near- correction, as appropriate, available for immediate use.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
224. Distance vision requirements
(1)

A holder of a medical certificate shall have a distant visual acuity, with or without correcting lenses of at least- (a) 6/9 with binocular visual acuity of 6/6 or better, for class 1 medical certificate;

(b)

6/12 with binoculars visual acuity of 6/9 or better, for class 2 medical certificate; and (c) 6/9 with binoculars visual acuity of 6/6 or better, for class 3 medical certificate.

(2)

Uncorrected distance visual acuity shall not be a limiting factor. (3) An applicant for a medical certificate with a large refractive error shall use contact lenses or high-index spectacle lenses.

(4)

Where spectacles are used, high-index lenses shall be needed to minimise peripheral field distortion.

(5)

An applicant for a medical certificate whose uncorrected distant visual acuity in either eye is worse than 6/60 shall provide a full ophthalmic report prior to initial medical evaluation and every five years there after. (6) An applicant for a medical certificate who has undergone surgery affecting the refractive status of the eye shall be free of those sequelae likely to interfere with the safe exercise of the applicant's licence privileges.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Distance vision requirements”.

“(1) A holder of a medical certificate shall have a distant visual acuity, with or without correcting lenses of at least- (a) 6/9 with binocular visual acuity of 6/6 or better, for class 1 medical certificate;”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) A holder of a medical certificate shall have a distant visual acuity, with or without correcting lenses of at least- (a) 6/9 with binocular visual acuity of 6/6 or better, for class 1 medical certificate;
  2. (b) 6/12 with binoculars visual acuity of 6/9 or better, for class 2 medical certificate; and (c) 6/9 with binoculars visual acuity of 6/6 or better, for class 3 medical certificate.
  3. (2) Uncorrected distance visual acuity shall not be a limiting factor. (3) An applicant for a medical certificate with a large refractive error shall use contact lenses or high-index spectacle lenses.
  4. (4) Where spectacles are used, high-index lenses shall be needed to minimise peripheral field distortion.
  5. (5) An applicant for a medical certificate whose uncorrected distant visual acuity in either eye is worse than 6/60 shall provide a full ophthalmic report prior to initial medical evaluation and every five years there after. (6) An applicant for a medical certificate who has undergone surgery affecting the refractive status of the eye shall be free of those sequelae likely to interfere with the safe exercise of the applicant's licence privileges.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
225. Near vision requirements
(1)

A person issued with a medical certificate shall meet the following minimum visual standards for near visual acuity to read, with or without corrective lenses- (a) an N14 chart or its equivalent at a distance of 100 cm, with "N14" referring to "Times Roman" font; and

(b)

an N5 chart at a distance of 30 to 50 cm as selected applicant, with "N5" referring to "Times Roman" font. (2) Where the near-vision requirements are met only by the use of near-correction and the applicant also needs distant-correction, both corrections shall be added to a pair of spectacles to be used to meet the requirements.

(3)

Where required to obtain or renew correcting lenses, an applicant for a medical certificate shall advise the medical examiner of reading distances for the duties the applicant is to perform.

(4)

Where required to obtain or renew correcting lenses, an applicant for a medical certificate shall advise the medical examiner of reading distances for the visual flight deck tasks relevant to the types of aircraft in which the applicant is likely to function.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Near vision requirements”.

“(1) A person issued with a medical certificate shall meet the following minimum visual standards for near visual acuity to read, with or without corrective lenses- (a) an N14 chart or its equivalent at a distance of 100 cm, with "N14" referring to "Times Roman" font; and”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) A person issued with a medical certificate shall meet the following minimum visual standards for near visual acuity to read, with or without corrective lenses- (a) an N14 chart or its equivalent at a distance of 100 cm, with "N14" referring to "Times Roman" font; and
  2. (b) an N5 chart at a distance of 30 to 50 cm as selected applicant, with "N5" referring to "Times Roman" font. (2) Where the near-vision requirements are met only by the use of near-correction and the applicant also needs distant-correction, both corrections shall be added to a pair of spectacles to be used to meet the requirements.
  3. (3) Where required to obtain or renew correcting lenses, an applicant for a medical certificate shall advise the medical examiner of reading distances for the duties the applicant is to perform.
  4. (4) Where required to obtain or renew correcting lenses, an applicant for a medical certificate shall advise the medical examiner of reading distances for the visual flight deck tasks relevant to the types of aircraft in which the applicant is likely to function.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
226. Colour perception requirements
(1)

An applicant for a medical certificate shall demonstrate to the medical examiner the ability to perceive readily those colours the perception of which is necessary for the safe performance of duties.

(2)

The applicant shall show ability to correctly identify a series of pseudo isochromatic plates (tables) in daylight or in artificial light of the same colour temperature such as that provided by Illuminate "C" or "D65" as specified by the International Commission on llumination (CIE).

(3)

An applicant who fails to obtain a satisfactory score in the identification test referred to in subregulation (2) may nevertheless be assessed as fit provided the applicant is able to readily and correctly identify aviation coloured lights displayed by means of a recognised colour perception lantern in a special test conducted by the aviation medical examiner.

(4)

An applicant for a medical certificate who is unable to satisfactorily complete the identification test provided in subregulation (3)- (a) hall only be eligible for a class 2 medical certificate with the following restriction: "valid for day operations only;" and (b) shall be advised that any sunglasses worn during the exercise of the privileges must be non-polarizing and of a neutral grey tint.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Colour perception requirements”.

“(1) An applicant for a medical certificate shall demonstrate to the medical examiner the ability to perceive readily those colours the perception of which is necessary for the safe performance of duties.”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Colour perception requirements”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) An applicant for a medical certificate shall demonstrate to the medical examiner the ability to perceive readily those colours the perception of which is necessary for the safe performance of duties.
  2. (2) The applicant shall show ability to correctly identify a series of pseudo isochromatic plates (tables) in daylight or in artificial light of the same colour temperature such as that provided by Illuminate "C" or "D65" as specified by the International Commission on llumination (CIE).
  3. (3) An applicant who fails to obtain a satisfactory score in the identification test referred to in subregulation (2) may nevertheless be assessed as fit provided the applicant is able to readily and correctly identify aviation coloured lights displayed by means of a recognised colour perception lantern in a special test conducted by the aviation medical examiner.
  4. (4) An applicant for a medical certificate who is unable to satisfactorily complete the identification test provided in subregulation (3)- (a) hall only be eligible for a class 2 medical certificate with the following restriction: "valid for day operations only;" and (b) shall be advised that any sunglasses worn during the exercise of the privileges must be non-polarizing and of a neutral grey tint.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
227. Ear and related structures
(1)

A person shall not hold or be issued a medical certificate if that person- (a) possesses any abnormality or disease of the ear or related structures which is likely to interfere with the safe exercise of the applicant's licence or rating privileges, except for class 3 medical certificate- (i) has disturbance of vestibular function; (ii) has significant dysfunction of the eustachian tubes; (iii) has unhealed perforation of the tympanic membranes; and (iv) has nasal obstruction; (b) has malformation or any disease of the buccal cavity or upper respiratory tract which is likely to interfere with the safe exercise of the applicant's licence and rating privileges.

(2)

Except for a class 3 medical certificate, a single dry perforation of the tympanic membrane shall not render a person unfit.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Ear and related structures”.

“(1) A person shall not hold or be issued a medical certificate if that person- (a) possesses any abnormality or disease of the ear or related structures which is likely to interfere with the safe exercise of the applicant's licence or rating privileges, except for class 3 medical certificate- (i) has disturbance of vestibular function; (ii) has significant dysfunction of the eustachian tubes; (iii) has unhealed perforation of the tympanic membranes; and (iv) has nasal obstruction; (b) has malformation or any…”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) A person shall not hold or be issued a medical certificate if that person- (a) possesses any abnormality or disease of the ear or related structures which is likely to interfere with the safe exercise of the applicant's licence or rating privileges, except for class 3 medical certificate- (i) has disturbance of vestibular function; (ii) has significant dysfunction of the eustachian tubes; (iii) has unhealed perforation of the tympanic membranes; and (iv) has nasal obstruction; (b) has malformation or any disease of the buccal cavity or upper respiratory tract which is likely to interfere with the safe exercise of the applicant's licence and rating privileges.
  2. (2) Except for a class 3 medical certificate, a single dry perforation of the tympanic membrane shall not render a person unfit.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
228. Hearing requirements
(1)

An applicant for a medical certificate when tested on a pure- tone audiometer shall not have a hearing loss, in either ear separately, of more than 35 dB at any of the frequencies 500,1000 or 2000Hz, or more than 50 dB at 3000Hz.

(2)

An applicant with a hearing loss greater than that specified in subregulation (1) may be declared fit provided that the applicant has normal hearing performance against a background noise that reproduces or simulates the masking properties of flight deck noise upon speech and beacon signals.

(3)

A person shall not hold or be issued a class 2 medical certificate if that person is unable to hear an average conversational voice in a quiet room, using both ears, at a distance of two metres from the examiner and with the back turned to the examiner or an alternative practical hearing test conducted in flight in the cockpit of an aircraft of the type for which the applicant's licence and ratings are valid may be used.

(4)

An applicant who does not meet the requirements in sub regulations (1), (2) and (3) shall undergo further testing in accordance with these Regulations.

(5)

An applicant for a class 3 medical certificate with a hearing loss greater than that specified in subregulation (1) may be declared fit provided that the applicant has normal hearing performance against a background noise that reproduces or simulates that experienced in a typical air traffic control working environment, alternatively, a practical hearing test conducted in an air traffic control environment representative of the one for which the applicant's licence and ratings are valid may be used.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Hearing requirements”.

“(1) An applicant for a medical certificate when tested on a pure- tone audiometer shall not have a hearing loss, in either ear separately, of more than 35 dB at any of the frequencies 500,1000 or 2000Hz, or more than 50 dB at 3000Hz.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) An applicant for a medical certificate when tested on a pure- tone audiometer shall not have a hearing loss, in either ear separately, of more than 35 dB at any of the frequencies 500,1000 or 2000Hz, or more than 50 dB at 3000Hz.
  2. (2) An applicant with a hearing loss greater than that specified in subregulation (1) may be declared fit provided that the applicant has normal hearing performance against a background noise that reproduces or simulates the masking properties of flight deck noise upon speech and beacon signals.
  3. (3) A person shall not hold or be issued a class 2 medical certificate if that person is unable to hear an average conversational voice in a quiet room, using both ears, at a distance of two metres from the examiner and with the back turned to the examiner or an alternative practical hearing test conducted in flight in the cockpit of an aircraft of the type for which the applicant's licence and ratings are valid may be used.
  4. (4) An applicant who does not meet the requirements in sub regulations (1), (2) and (3) shall undergo further testing in accordance with these Regulations.
  5. (5) An applicant for a class 3 medical certificate with a hearing loss greater than that specified in subregulation (1) may be declared fit provided that the applicant has normal hearing performance against a background noise that reproduces or simulates that experienced in a typical air traffic control working environment, alternatively, a practical hearing test conducted in an air traffic control environment representative of the one for which the applicant's licence and ratings are valid may be used.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
229. General cardiovascular
(1)

A person shall not hold nor be issued a medical certificate if that person has any abnormality of the heart, congenital or acquired, which is likely to interfere with the safe exercise of his or her licence or rating privileges.

(2)

An applicant who has undergone coronary by-pass grafting or angioplasty with or without stenting or other cardiac intervention or who has a history of myocardial infarction or suffers from any other potentially incapacitating cardiac condition shall not hold nor be issued a medical certificate unless the applicant's cardiac condition has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant's licence or rating privileges.

(3)

The applicant for a medical certificate with an abnormal cardiac arrhythmia shall not hold or be issued a medical certificate unless the cardiac arrhythmia has been investigated and evaluated with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant's licence or rating privileges.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “General cardiovascular”.

“(1) A person shall not hold nor be issued a medical certificate if that person has any abnormality of the heart, congenital or acquired, which is likely to interfere with the safe exercise of his or her licence or rating privileges.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) A person shall not hold nor be issued a medical certificate if that person has any abnormality of the heart, congenital or acquired, which is likely to interfere with the safe exercise of his or her licence or rating privileges.
  2. (2) An applicant who has undergone coronary by-pass grafting or angioplasty with or without stenting or other cardiac intervention or who has a history of myocardial infarction or suffers from any other potentially incapacitating cardiac condition shall not hold nor be issued a medical certificate unless the applicant's cardiac condition has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant's licence or rating privileges.
  3. (3) The applicant for a medical certificate with an abnormal cardiac arrhythmia shall not hold or be issued a medical certificate unless the cardiac arrhythmia has been investigated and evaluated with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant's licence or rating privileges.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
230. Blood pressure and circulation
(1)

A person shall not hold or be issued a medical certificate if that person has- (a) systolic and diastolic blood pressures outside normal limits; or (b) a significant functional or structural abnormality of the circulatory system.

(2)

The use of drugs for control of high blood pressure shall be disqualifying except for those drugs, the use of which is compatible with the safe exercise of the applicant's licence and rating privileges.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Blood pressure and circulation”.

“(1) A person shall not hold or be issued a medical certificate if that person has- (a) systolic and diastolic blood pressures outside normal limits; or (b) a significant functional or structural abnormality of the circulatory system.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) A person shall not hold or be issued a medical certificate if that person has- (a) systolic and diastolic blood pressures outside normal limits; or (b) a significant functional or structural abnormality of the circulatory system.
  2. (2) The use of drugs for control of high blood pressure shall be disqualifying except for those drugs, the use of which is compatible with the safe exercise of the applicant's licence and rating privileges.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
231. Electro-cardiography examination
(1)

An electro-cardiography examination shall form part of the heart examination for the first issue of a medical certificate.

(2)

The purpose of routine electro-cardiography examination is case finding and it does not provide sufficient evidence to justify disqualification without further thorough cardiovascular investigation. (3) Electro-cardiography examination shall be included in reexaminations of applicants between the ages of 30 and 50 years no less frequently than every two years, except for class1medical certificate which shall be annually.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Electro-cardiography examination”.

“(1) An electro-cardiography examination shall form part of the heart examination for the first issue of a medical certificate.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) An electro-cardiography examination shall form part of the heart examination for the first issue of a medical certificate.
  2. (2) The purpose of routine electro-cardiography examination is case finding and it does not provide sufficient evidence to justify disqualification without further thorough cardiovascular investigation. (3) Electro-cardiography examination shall be included in reexaminations of applicants between the ages of 30 and 50 years no less frequently than every two years, except for class1medical certificate which shall be annually.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
232. Neurological requirements
(1)

A person shall not hold nor be issued a medical certificate if that person has a medical history or clinical diagnosis of any of the following- (a) a progressive or non-progressive disease of the nervous system, the effect of which, is likely to interfere with the safe exercise of the applicant's licence or rating privileges;

(b)

epilepsy; or (c) any disturbance of consciousness without satisfactory medical explanation of cause.

(2)

A person shall not hold nor be issued a medical certificate if that person has suffered any head injury, the effects of which, are likely to interfere with the safe exercise of the applicant's licence and rating privileges.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Neurological requirements”.

“(1) A person shall not hold nor be issued a medical certificate if that person has a medical history or clinical diagnosis of any of the following- (a) a progressive or non-progressive disease of the nervous system, the effect of which, is likely to interfere with the safe exercise of the applicant's licence or rating privileges;”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) A person shall not hold nor be issued a medical certificate if that person has a medical history or clinical diagnosis of any of the following- (a) a progressive or non-progressive disease of the nervous system, the effect of which, is likely to interfere with the safe exercise of the applicant's licence or rating privileges;
  2. (b) epilepsy; or (c) any disturbance of consciousness without satisfactory medical explanation of cause.
  3. (2) A person shall not hold nor be issued a medical certificate if that person has suffered any head injury, the effects of which, are likely to interfere with the safe exercise of the applicant's licence and rating privileges.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
233. Respiratory capability
(1)

A person shall not hold nor be issued a medical certificate if that person has an established medical history or clinical diagnosis of- (a) disability of the lungs or any active disease of the structures of the lungs, mediastinum or pleurae likely to result in incapacitating symptoms during normal or emergency operations; (b) active pulmonary tuberculosis; and (c) asthma causing significant symptoms or likely to cause incapacitating symptoms during normal or emergency operations.

(2)

Unless there is an accredited medical conclusion indicating that the use of drugs will affect the safe exercise of the applicant's licence or rating privileges, the use of such drug shall be disqualifying.

(3)

An applicant with chronic obstructive pulmonary disease shall be assessed as unfit unless the applicant's condition has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant's licence or rating privileges.

(4)

An applicant with quiescent or healed lesions which are known to be tuberculosis or are presumably tuberculosis in origin, may be assessed as fit.

(5)

An applicant shall be completely free from those hernias that might give rise to incapacitating symptoms.

(6)

An applicant with significant impairment of the function of the gastrointestinal tract or its adnexa shall be assessed as unfit.

(7)

An applicant with sequelae of disease of or surgical intervention on any part of the digestive tract or its adnexa, likely to cause incapacitation in flight, in particular any obstruction due to stricture or compression shall be assessed as unfit.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Respiratory capability”.

“(1) A person shall not hold nor be issued a medical certificate if that person has an established medical history or clinical diagnosis of- (a) disability of the lungs or any active disease of the structures of the lungs, mediastinum or pleurae likely to result in incapacitating symptoms during normal or emergency operations; (b) active pulmonary tuberculosis; and (c) asthma causing significant symptoms or likely to cause incapacitating symptoms during normal or emergency operations.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (1) A person shall not hold nor be issued a medical certificate if that person has an established medical history or clinical diagnosis of- (a) disability of the lungs or any active disease of the structures of the lungs, mediastinum or pleurae likely to result in incapacitating symptoms during normal or emergency operations; (b) active pulmonary tuberculosis; and (c) asthma causing significant symptoms or likely to cause incapacitating symptoms during normal or emergency operations.
  2. (2) Unless there is an accredited medical conclusion indicating that the use of drugs will affect the safe exercise of the applicant's licence or rating privileges, the use of such drug shall be disqualifying.
  3. (3) An applicant with chronic obstructive pulmonary disease shall be assessed as unfit unless the applicant's condition has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant's licence or rating privileges.
  4. (4) An applicant with quiescent or healed lesions which are known to be tuberculosis or are presumably tuberculosis in origin, may be assessed as fit.
  5. (5) An applicant shall be completely free from those hernias that might give rise to incapacitating symptoms.
  6. (6) An applicant with significant impairment of the function of the gastrointestinal tract or its adnexa shall be assessed as unfit.
  7. (7) An applicant with sequelae of disease of or surgical intervention on any part of the digestive tract or its adnexa, likely to cause incapacitation in flight, in particular any obstruction due to stricture or compression shall be assessed as unfit.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
234. Radiology (X-ray) evaluation

A radiography evaluation shall be accomplished during the initial chest examination and be conducted as necessary in subsequent medical examinations where there are historical chest cavity issues, symptoms or doubtful clinical cases

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Radiology (X-ray) evaluation”.

“A radiography evaluation shall be accomplished during the initial chest examination and be conducted as necessary in subsequent medical examinations where there are historical chest cavity issues, symptoms or doubtful clinical cases”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A radiography evaluation shall be accomplished during the initial chest examination and be conducted as necessary in subsequent medical examinations where there are historical chest cavity issues, symptoms or doubtful clinical cases
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
235. Vestibular apparatus
(1)

A person shall not hold or be issued a medical certificate if that person has an established medical history or clinical diagnosis of any of the following medical conditions- (a) active acute or chronic pathological process of the internal ear or of the middle ear; (b) a disease or condition of the middle or internal ear, nose, oral cavity, pharynx, or larynx that- (i) interferes with, or is aggravated by, flying or may reasonably be expected to do so; or (ii) interferes with, or may reasonably be expected to interfere with clear and effective speech communication; (c) a disease or condition manifested by, or that may reasonably be expected to be manifested by, vertigo or a disturbance of equilibrium;

(d)

permanent disturbances of the vestibular apparatus; or (e) permanent obstruction to eustachian tubes.

(2)

Unless there is an accredited medical conclusion indicating that the condition is not likely to affect the safe exercise of the applicant's licence or rating privileges, the following medical conditions are disqualifying- (a) acute or chronic impairment of nasal air entry on either side; or (b) serious small formation or serious, acute or chronic affection of the buccal cavity or upper respiratory tract.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Vestibular apparatus”.

“(1) A person shall not hold or be issued a medical certificate if that person has an established medical history or clinical diagnosis of any of the following medical conditions- (a) active acute or chronic pathological process of the internal ear or of the middle ear; (b) a disease or condition of the middle or internal ear, nose, oral cavity, pharynx, or larynx that- (i) interferes with, or is aggravated by, flying or may reasonably be expected to do so; or (ii) interferes with, or may reasonably be expected to…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) A person shall not hold or be issued a medical certificate if that person has an established medical history or clinical diagnosis of any of the following medical conditions- (a) active acute or chronic pathological process of the internal ear or of the middle ear; (b) a disease or condition of the middle or internal ear, nose, oral cavity, pharynx, or larynx that- (i) interferes with, or is aggravated by, flying or may reasonably be expected to do so; or (ii) interferes with, or may reasonably be expected to interfere with clear and effective speech communication; (c) a disease or condition manifested by, or that may reasonably be expected to be manifested by, vertigo or a disturbance of equilibrium;
  2. (d) permanent disturbances of the vestibular apparatus; or (e) permanent obstruction to eustachian tubes.
  3. (2) Unless there is an accredited medical conclusion indicating that the condition is not likely to affect the safe exercise of the applicant's licence or rating privileges, the following medical conditions are disqualifying- (a) acute or chronic impairment of nasal air entry on either side; or (b) serious small formation or serious, acute or chronic affection of the buccal cavity or upper respiratory tract.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
236. Bones, muscles and tendons

A person shall not hold nor be issued a medical certificate if that person possesses any abnormality of the bones, joints, muscles, tendons or related structures which is likely to interfere with the safe exercise of the applicant's licence or rating privileges

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Bones, muscles and tendons”.

“A person shall not hold nor be issued a medical certificate if that person possesses any abnormality of the bones, joints, muscles, tendons or related structures which is likely to interfere with the safe exercise of the applicant's licence or rating privileges”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A person shall not hold nor be issued a medical certificate if that person possesses any abnormality of the bones, joints, muscles, tendons or related structures which is likely to interfere with the safe exercise of the applicant's licence or rating privileges
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
237. Endocrine system

A person shall not hold or be issued a medical certificate if that person has an established medical history or clinical diagnosis of any metabolic, nutritional or endocrine disorders that are likely to interfere with safe exercise of his or her licence or rating privileges

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Endocrine system”.

“A person shall not hold or be issued a medical certificate if that person has an established medical history or clinical diagnosis of any metabolic, nutritional or endocrine disorders that are likely to interfere with safe exercise of his or her licence or rating privileges”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A person shall not hold or be issued a medical certificate if that person has an established medical history or clinical diagnosis of any metabolic, nutritional or endocrine disorders that are likely to interfere with safe exercise of his or her licence or rating privileges
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
238. Diabetic applicant

A person shall not hold nor be issued a medical certificate if that person has an established medical history or clinical diagnosis of (a) insulin treated diabetes mellitus; or (b) non-insulin treated diabetes mellitus unless the condition is shown to be satisfactorily controlled by diet alone or by diet combined with oral anti-diabetic medication, the use of which is compatible with the safe exercise of that person's licence or rating privileges or both.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Diabetic applicant”.

“A person shall not hold nor be issued a medical certificate if that person has an established medical history or clinical diagnosis of (a) insulin treated diabetes mellitus; or (b) non-insulin treated diabetes mellitus unless the condition is shown to be satisfactorily controlled by diet alone or by diet combined with oral anti-diabetic medication, the use of which is compatible with the safe exercise of that person's licence or rating privileges or both.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A person shall not hold nor be issued a medical certificate if that person has an established medical history or clinical diagnosis of (a) insulin treated diabetes mellitus; or (b) non-insulin treated diabetes mellitus unless the condition is shown to be satisfactorily controlled by diet alone or by diet combined with oral anti-diabetic medication, the use of which is compatible with the safe exercise of that person's licence or rating privileges or both.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
239. Gastrointestinal and digestive tract
(1)

A person shall not hold or be issued a medical certificate if that person has an established medical history or clinical diagnosis of any of the following medical conditions- (a) significant impairment of function of the gastrointestinal tract or its adnexa; (b) sequelae of disease of, or surgical intervention on, any part of the digestive tract or its adnexae, likely to cause incapacitation in flight, in particular, obstruction due to stricture or compression; or (c) hernias that might give rise to incapacitating symptoms except for class 3 medical certificates.

(2)

Unless there is an accredited medical conclusion indicating that the effects of the operation are not likely to cause incapacitation in flight, an applicant who has undergone a major surgical operation on the biliary passages or the digestive tract or its adnexa with a total or partial excision or a diversion of any of these organs that may cause incapacity in flight shall not hold, nor be issued a medical certificate.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Gastrointestinal and digestive tract”.

“(1) A person shall not hold or be issued a medical certificate if that person has an established medical history or clinical diagnosis of any of the following medical conditions- (a) significant impairment of function of the gastrointestinal tract or its adnexa; (b) sequelae of disease of, or surgical intervention on, any part of the digestive tract or its adnexae, likely to cause incapacitation in flight, in particular, obstruction due to stricture or compression; or (c) hernias that might give rise to…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) A person shall not hold or be issued a medical certificate if that person has an established medical history or clinical diagnosis of any of the following medical conditions- (a) significant impairment of function of the gastrointestinal tract or its adnexa; (b) sequelae of disease of, or surgical intervention on, any part of the digestive tract or its adnexae, likely to cause incapacitation in flight, in particular, obstruction due to stricture or compression; or (c) hernias that might give rise to incapacitating symptoms except for class 3 medical certificates.
  2. (2) Unless there is an accredited medical conclusion indicating that the effects of the operation are not likely to cause incapacitation in flight, an applicant who has undergone a major surgical operation on the biliary passages or the digestive tract or its adnexa with a total or partial excision or a diversion of any of these organs that may cause incapacity in flight shall not hold, nor be issued a medical certificate.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
240. Kidneys and urinary tract
(1)

A person shall not hold nor be issued a medical certificate if that person has an established medical history or clinical diagnosis of genitor-urinary disease, unless adequately investigated and his or her condition found unlikely to interfere with the safe exercise of the person's licence or rating privileges.

(2)

A urine examination shall form part of the medical examination and abnormalities shall be adequately investigated.

(3)

A person shall not hold nor be issued a medical certificate if that person has- (a) any sequelae of diseases of, or surgical procedures on the kidneys or the genitor-urinary tract, in particular obstructions due to stricture or compression, unless his or her condition has been investigated and evaluated in accordance with the best medical practice and is assessed not likely to interfere with the safe exercise of that person's licence or rating privileges; or (b) undergone nephrectomy unless the condition is well compensated.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Kidneys and urinary tract”.

“(1) A person shall not hold nor be issued a medical certificate if that person has an established medical history or clinical diagnosis of genitor-urinary disease, unless adequately investigated and his or her condition found unlikely to interfere with the safe exercise of the person's licence or rating privileges.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) A person shall not hold nor be issued a medical certificate if that person has an established medical history or clinical diagnosis of genitor-urinary disease, unless adequately investigated and his or her condition found unlikely to interfere with the safe exercise of the person's licence or rating privileges.
  2. (2) A urine examination shall form part of the medical examination and abnormalities shall be adequately investigated.
  3. (3) A person shall not hold nor be issued a medical certificate if that person has- (a) any sequelae of diseases of, or surgical procedures on the kidneys or the genitor-urinary tract, in particular obstructions due to stricture or compression, unless his or her condition has been investigated and evaluated in accordance with the best medical practice and is assessed not likely to interfere with the safe exercise of that person's licence or rating privileges; or (b) undergone nephrectomy unless the condition is well compensated.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
241. Lymphatic glands or disease of blood An applicant for a medical certificate with diseases of the blood or the lymphatic system shall be assessed as unfit unless adequately investigated and his or her condition found unlikely to interfere with the safe exercise of

the applicant's licence or rating privileges

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Lymphatic glands or disease of blood An applicant for a medical certificate with diseases of the blood or the lymphatic system shall be assessed as unfit unless adequately investigated and his or her condition found unlikely to interfere with the safe exercise of”.

“the applicant's licence or rating privileges”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Lymphatic glands or disease of blood An applicant for a medical certificate with diseases of the blood or the lymphatic system shall be assessed as unfit unless adequately investigated and his or her condition found unlikely to interfere with the safe exercise of”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
242. Gynecological conditions

An applicant for a medical certificate who has a gynecological disorder that is likely to interfere with the safe exercise of the applicant's licence or rating privileges shall be assessed as unfit

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Gynecological conditions”.

“An applicant for a medical certificate who has a gynecological disorder that is likely to interfere with the safe exercise of the applicant's licence or rating privileges shall be assessed as unfit”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. An applicant for a medical certificate who has a gynecological disorder that is likely to interfere with the safe exercise of the applicant's licence or rating privileges shall be assessed as unfit
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
243. Pregnancy
(1)

An applicant for a medical certificate who is pregnant shall be assessed as unfit unless obstetrical evaluation and continued medical supervision indicate a low-risk uncomplicated pregnancy.

(2)

For an applicant with a low-risk uncomplicated pregnancy evaluated and supervised in accordance with subregulation (1), the fit certificate shall, in the case of class 1 and 2 medical certificate be limited to the period from the end of the 12th week to the end of the 26th week of gestation and in the case of class 3 medical certificate be limited until the period until the end of the 34th week of gestation.

(3)

Following confinement or termination of pregnancy, the applicant shall not be permitted to exercise the privileges of her licence until she has undergone re-evaluation in accordance with best medical practice and it has been determined that she is able to safely exercise the privileges of her licence or ratings.

(4)

The authority shall take precautions for the timely relief of an air traffic controller in the gestational period in the event of early onset of labor or other complications.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Pregnancy”.

“(1) An applicant for a medical certificate who is pregnant shall be assessed as unfit unless obstetrical evaluation and continued medical supervision indicate a low-risk uncomplicated pregnancy.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) An applicant for a medical certificate who is pregnant shall be assessed as unfit unless obstetrical evaluation and continued medical supervision indicate a low-risk uncomplicated pregnancy.
  2. (2) For an applicant with a low-risk uncomplicated pregnancy evaluated and supervised in accordance with subregulation (1), the fit certificate shall, in the case of class 1 and 2 medical certificate be limited to the period from the end of the 12th week to the end of the 26th week of gestation and in the case of class 3 medical certificate be limited until the period until the end of the 34th week of gestation.
  3. (3) Following confinement or termination of pregnancy, the applicant shall not be permitted to exercise the privileges of her licence until she has undergone re-evaluation in accordance with best medical practice and it has been determined that she is able to safely exercise the privileges of her licence or ratings.
  4. (4) The authority shall take precautions for the timely relief of an air traffic controller in the gestational period in the event of early onset of labor or other complications.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
244. Speech defects An applicant for a medical certificate with stuttering or other

speech defects sufficiently severe to cause impairment of speech communication shall be assessed as unfit

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Speech defects An applicant for a medical certificate with stuttering or other”.

“speech defects sufficiently severe to cause impairment of speech communication shall be assessed as unfit”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. speech defects sufficiently severe to cause impairment of speech communication shall be assessed as unfit
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
245. Acquired Immuno Deficiency Syndrome
(1)

An applicant for a medical certificate with Acquired Immuno Deficiency Syndrome (AIDS) shall be assessed as unfit.

(2)

Applicants who are seropositive for Human Immune deficiency Virus (HIV) shall be assessed as unfit unless the applicant's condition has been investigated and evaluated in accordance with best medical practice and is assessed as not likely to interfere with the safe exercise of the applicant's licence or rating privileges.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Acquired Immuno Deficiency Syndrome”.

“(1) An applicant for a medical certificate with Acquired Immuno Deficiency Syndrome (AIDS) shall be assessed as unfit.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) An applicant for a medical certificate with Acquired Immuno Deficiency Syndrome (AIDS) shall be assessed as unfit.
  2. (2) Applicants who are seropositive for Human Immune deficiency Virus (HIV) shall be assessed as unfit unless the applicant's condition has been investigated and evaluated in accordance with best medical practice and is assessed as not likely to interfere with the safe exercise of the applicant's licence or rating privileges.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part XI

246. Application for exemption
(1)

A person may apply to the authority for an exemption from any of these Regulations.

(2)

A request for exemption shall be made in accordance with the requirements of these Regulations and an application for such exemption shall be submitted and processed in a manner set out in the applicable technical guidance material.

(3)

An application for an exemption shall contain the applicant's- (a) name; (b) physical address and mailing address; (c) telephone number;

(d)

fax number, if available; (e) email address if available; and (f) description of the exemption sought, sighting the applicable provisions of these Regulations.

(4)

The application shall be accompanied by a fee prescribed by the authority in the applicable aeronautical information circulars for technical evaluation.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Scope rule

This section defines when and how “Application for exemption” applies.

“(1) A person may apply to the authority for an exemption from any of these Regulations.”
Primary legislation Source quotation matched
Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) A person may apply to the authority for an exemption from any of these Regulations.
  2. (2) A request for exemption shall be made in accordance with the requirements of these Regulations and an application for such exemption shall be submitted and processed in a manner set out in the applicable technical guidance material.
  3. (3) An application for an exemption shall contain the applicant's- (a) name; (b) physical address and mailing address; (c) telephone number;
  4. (d) fax number, if available; (e) email address if available; and (f) description of the exemption sought, sighting the applicable provisions of these Regulations.
  5. (4) The application shall be accompanied by a fee prescribed by the authority in the applicable aeronautical information circulars for technical evaluation.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
247. Exemption
(1)

The authority may, upon consideration of the circumstances of a particular applicant or holder of a licence, certificate, approval or authorisation, issue an exemption providing relief from specified provisions of these Regulations, provided that- (a) the authority finds that the circumstances presented warrant the exemption; and (b) a level of safety shall be maintained equal to that provided by the regulation from which the exemption is sought.

(2)

The exemption referred to in subregulation (1) may be terminated or amended by the authority.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Exemption”.

“(1) The authority may, upon consideration of the circumstances of a particular applicant or holder of a licence, certificate, approval or authorisation, issue an exemption providing relief from specified provisions of these Regulations, provided that- (a) the authority finds that the circumstances presented warrant the exemption; and (b) a level of safety shall be maintained equal to that provided by the regulation from which the exemption is sought.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) The authority may, upon consideration of the circumstances of a particular applicant or holder of a licence, certificate, approval or authorisation, issue an exemption providing relief from specified provisions of these Regulations, provided that- (a) the authority finds that the circumstances presented warrant the exemption; and (b) a level of safety shall be maintained equal to that provided by the regulation from which the exemption is sought.
  2. (2) The exemption referred to in subregulation (1) may be terminated or amended by the authority.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
248. Possession of licence
(1)

A holder of a licence, certificate or authorisation issued by the authority shall have in his or her physical possession or at the work site when exercising the privileges of the licence, certificate or authorisation.

(2)

A crew member of a foreign registered aircraft shall hold a valid licence, certificate or authorisation, including an appropriate and current medical certificate, issued by the State of registry and has it in his or her physical possession or at the work station when exercising the privileges of the licence, certificate or authorisation.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Possession of licence”.

“(1) A holder of a licence, certificate or authorisation issued by the authority shall have in his or her physical possession or at the work site when exercising the privileges of the licence, certificate or authorisation.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) A holder of a licence, certificate or authorisation issued by the authority shall have in his or her physical possession or at the work site when exercising the privileges of the licence, certificate or authorisation.
  2. (2) A crew member of a foreign registered aircraft shall hold a valid licence, certificate or authorisation, including an appropriate and current medical certificate, issued by the State of registry and has it in his or her physical possession or at the work station when exercising the privileges of the licence, certificate or authorisation.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
249. Use of psychoactive substances
(1)

A holder of a licence, rating or a certificate issued under these Regulations shall not exercise the privileges of the licence, rating or certificate while under the influence of any psychoactive substance, by reason of which human performance is impaired. (2) A person whose function is critical to the safety of aviation or safety-sensitive personnel shall not undertake that function while under the influence of any psychoactive substance, by reason of which human performance is impaired.

(3)

The person referred to in subregulations (1) and (2) shall not engage in any kind of problematic use of substances.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Use of psychoactive substances”.

“(1) A holder of a licence, rating or a certificate issued under these Regulations shall not exercise the privileges of the licence, rating or certificate while under the influence of any psychoactive substance, by reason of which human performance is impaired. (2) A person whose function is critical to the safety of aviation or safety-sensitive personnel shall not undertake that function while under the influence of any psychoactive substance, by reason of which human performance is impaired.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) A holder of a licence, rating or a certificate issued under these Regulations shall not exercise the privileges of the licence, rating or certificate while under the influence of any psychoactive substance, by reason of which human performance is impaired. (2) A person whose function is critical to the safety of aviation or safety-sensitive personnel shall not undertake that function while under the influence of any psychoactive substance, by reason of which human performance is impaired.
  2. (3) The person referred to in subregulations (1) and (2) shall not engage in any kind of problematic use of substances.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
250. Drug and alcohol testing and reporting
(1)

A person who performs any function requiring a licence, rating, qualification or authorisation prescribed by these Regulations directly or by contract may be tested for drug or alcohol usage.

(2)

A person who refuses to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer or the authority, or refuses to furnish or to authorise the release of the test results requested by the authority shall- (a) be denied any licence, certificate, rating, qualification, or authorisation issued under these Regulations for a period of up to one year from the date of that refusal; (b) have their licence, certificate, rating, qualification, or authorisation issued under these Regulations suspended or revoked; (c) be denied any licence, certificate, rating, qualification, or authorisation issued under these Regulations for a period of up to one year from the date of that refusal; or (d) have their licence, certificate, rating, qualification, or authorisation issued under these Regulations suspended or revoked.

(3)

A person who is convicted for the violation of any law relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances, shall-

(a)

be denied any license, certificate, rating, qualification or authorisation issued under these Regulations for a period of up to one year after the date of conviction; or

(b)

have their licence, certificate, rating, qualification or authorisation issued under these Regulations suspended or revoked.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Drug and alcohol testing and reporting”.

“(1) A person who performs any function requiring a licence, rating, qualification or authorisation prescribed by these Regulations directly or by contract may be tested for drug or alcohol usage.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) A person who performs any function requiring a licence, rating, qualification or authorisation prescribed by these Regulations directly or by contract may be tested for drug or alcohol usage.
  2. (2) A person who refuses to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer or the authority, or refuses to furnish or to authorise the release of the test results requested by the authority shall- (a) be denied any licence, certificate, rating, qualification, or authorisation issued under these Regulations for a period of up to one year from the date of that refusal; (b) have their licence, certificate, rating, qualification, or authorisation issued under these Regulations suspended or revoked; (c) be denied any licence, certificate, rating, qualification, or authorisation issued under these Regulations for a period of up to one year from the date of that refusal; or (d) have their licence, certificate, rating, qualification, or authorisation issued under these Regulations suspended or revoked.
  3. (3) A person who is convicted for the violation of any law relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances, shall-
  4. (a) be denied any license, certificate, rating, qualification or authorisation issued under these Regulations for a period of up to one year after the date of conviction; or
  5. (b) have their licence, certificate, rating, qualification or authorisation issued under these Regulations suspended or revoked.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
251. Inspection of licences, certificates, approvals and authorisations

A person who holds a licence, certificate, approval or authorisation required by these Regulations shall present it for inspection upon request from the authority or any person authorised by the authority

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Inspection of licences, certificates, approvals and authorisations”.

“A person who holds a licence, certificate, approval or authorisation required by these Regulations shall present it for inspection upon request from the authority or any person authorised by the authority”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A person who holds a licence, certificate, approval or authorisation required by these Regulations shall present it for inspection upon request from the authority or any person authorised by the authority
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
252. Change of name
(1)

A holder of a licence, certificate, approval or authorisation issued under these Regulations may apply to change the name on a licence or certificate.

(2)

The application under subregulation (1) shall be accompanied by the current licence or certificate and a court order or other legal document verifying the name change.

(3)

The authority may change the licence, certificate or authorisation and issue a replacement.

(4)

The authority shall return to the holder the original documents specified in subregulation (2) and retain copies and return licence, certificate, approval or authorisation with the appropriate endorsement.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Change of name”.

“(1) A holder of a licence, certificate, approval or authorisation issued under these Regulations may apply to change the name on a licence or certificate.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) A holder of a licence, certificate, approval or authorisation issued under these Regulations may apply to change the name on a licence or certificate.
  2. (2) The application under subregulation (1) shall be accompanied by the current licence or certificate and a court order or other legal document verifying the name change.
  3. (3) The authority may change the licence, certificate or authorisation and issue a replacement.
  4. (4) The authority shall return to the holder the original documents specified in subregulation (2) and retain copies and return licence, certificate, approval or authorisation with the appropriate endorsement.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
253. Change of address A holder of a licence, certificate or authorisation issued under

these Regulations shall notify the authority of the change in the physical and mailing address and shall do so in the case of (a) physical address, at least fourteen days in advance; and (b) mailing address upon the change.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Change of address A holder of a licence, certificate or authorisation issued under”.

“these Regulations shall notify the authority of the change in the physical and mailing address and shall do so in the case of (a) physical address, at least fourteen days in advance; and (b) mailing address upon the change.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. these Regulations shall notify the authority of the change in the physical and mailing address and shall do so in the case of (a) physical address, at least fourteen days in advance; and (b) mailing address upon the change.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
254. Replacement of documents

A person may apply to the authority for the replacement of documents issued under these Regulations where the documents are lost or destroyed in a format prescribed by the authority

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Replacement of documents”.

“A person may apply to the authority for the replacement of documents issued under these Regulations where the documents are lost or destroyed in a format prescribed by the authority”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A person may apply to the authority for the replacement of documents issued under these Regulations where the documents are lost or destroyed in a format prescribed by the authority
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
255. Suspension and revocation of documents
(1)

The authority may, where it considers it to be in the public interest, suspend provisionally, pending further investigation, any licence, certificate, exemption, authorisation or such other document issued, granted or having effect under these Regulations.

(2)

The authority may, upon the completion of an investigation which has shown sufficient ground to the authority's satisfaction and where the authority considers it to be in the public interest to revoke, suspend or vary any licence, certificate, exemption, authorisation or other document issued or granted under these Regulations.

(3)

The authority may, where it considers it to be in the public interest, prevent any person or aircraft from flying. (4) A holder or any person having the possession or custody of any licence, certificate, exemption, authorisation or other documents which has been revoked, suspended or varied under these Regulations shall surrender licence, certificate, exemption, authorisation or other documents to the authority within fourteen days from the date of revocation, suspension or variation. (5) The breach of any condition subject to which any licence, certificate, exemption, authorisation, or any other document has been granted or issued under these Regulations shall render the document invalid during the continuance of the breach.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Suspension and revocation of documents”.

“(1) The authority may, where it considers it to be in the public interest, suspend provisionally, pending further investigation, any licence, certificate, exemption, authorisation or such other document issued, granted or having effect under these Regulations.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) The authority may, where it considers it to be in the public interest, suspend provisionally, pending further investigation, any licence, certificate, exemption, authorisation or such other document issued, granted or having effect under these Regulations.
  2. (2) The authority may, upon the completion of an investigation which has shown sufficient ground to the authority's satisfaction and where the authority considers it to be in the public interest to revoke, suspend or vary any licence, certificate, exemption, authorisation or other document issued or granted under these Regulations.
  3. (3) The authority may, where it considers it to be in the public interest, prevent any person or aircraft from flying. (4) A holder or any person having the possession or custody of any licence, certificate, exemption, authorisation or other documents which has been revoked, suspended or varied under these Regulations shall surrender licence, certificate, exemption, authorisation or other documents to the authority within fourteen days from the date of revocation, suspension or variation. (5) The breach of any condition subject to which any licence, certificate, exemption, authorisation, or any other document has been granted or issued under these Regulations shall render the document invalid during the continuance of the breach.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
256. Use and retention of documents and records
(1)

A person shall not- (a) use any licence, certificate, exemption, authorisation or other document issued or required by or under these Regulations which has been forged, altered, revoked or suspended or to which he or she is not entitled; (b) forge or alter any licence, certificate, exemption, authorisation or other document issued or required by or under these Regulations; (c) lend any licence, certificate, exemption, authorisation or other document issued or required by or under these Regulations to any other person; or (d) make any false representation for the purpose of procuring for himself or herself or any other person the grant, issue, renewal or variation of any licence, certificate or exemption, authorisation or other document.

(2)

During the period for which it is required under these Regulations to be preserved, a person shall not mutilate, alter, render illegible or destroy any records or any entry made, required by or under these Regulations to be maintained, or knowingly make, or procure or assist in the making of, any false entry in any record, or willfully omit to make a material entry in such record.

(3)

All records required to be maintained by or under these Regulations shall be recorded in a permanent and indelible material.

(4)

A person shall not issue any certificate, document or exemption under these Regulations unless he or she is authorised to do so by the authority.

(5)

A person shall not issue any certificate of the kind referred to in subregulation (4) unless he or she has satisfied himself or herself that all statements in the certificate are correct, and that the applicant is qualified to hold that certificate.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Use and retention of documents and records”.

“(1) A person shall not- (a) use any licence, certificate, exemption, authorisation or other document issued or required by or under these Regulations which has been forged, altered, revoked or suspended or to which he or she is not entitled; (b) forge or alter any licence, certificate, exemption, authorisation or other document issued or required by or under these Regulations; (c) lend any licence, certificate, exemption, authorisation or other document issued or required by or under these Regulations to any other…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) A person shall not- (a) use any licence, certificate, exemption, authorisation or other document issued or required by or under these Regulations which has been forged, altered, revoked or suspended or to which he or she is not entitled; (b) forge or alter any licence, certificate, exemption, authorisation or other document issued or required by or under these Regulations; (c) lend any licence, certificate, exemption, authorisation or other document issued or required by or under these Regulations to any other person; or (d) make any false representation for the purpose of procuring for himself or herself or any other person the grant, issue, renewal or variation of any licence, certificate or exemption, authorisation or other document.
  2. (2) During the period for which it is required under these Regulations to be preserved, a person shall not mutilate, alter, render illegible or destroy any records or any entry made, required by or under these Regulations to be maintained, or knowingly make, or procure or assist in the making of, any false entry in any record, or willfully omit to make a material entry in such record.
  3. (3) All records required to be maintained by or under these Regulations shall be recorded in a permanent and indelible material.
  4. (4) A person shall not issue any certificate, document or exemption under these Regulations unless he or she is authorised to do so by the authority.
  5. (5) A person shall not issue any certificate of the kind referred to in subregulation (4) unless he or she has satisfied himself or herself that all statements in the certificate are correct, and that the applicant is qualified to hold that certificate.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
257. Reports of violation
(1)

A person who knows of a violation of the Act or these Regulations shall report it to the authority.

(2)

The authority shall determine the nature and type of any additional investigation or enforcement action that need be taken.

(3)

A person who fails to report to the authority under subregulation (1) commits an offence and is on conviction, liable, to a fine not exceeding fifty currency points or imprisonment for a term not exceeding two years or both.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Reports of violation”.

“(1) A person who knows of a violation of the Act or these Regulations shall report it to the authority.”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) A person who knows of a violation of the Act or these Regulations shall report it to the authority.
  2. (2) The authority shall determine the nature and type of any additional investigation or enforcement action that need be taken.
  3. (3) A person who fails to report to the authority under subregulation (1) commits an offence and is on conviction, liable, to a fine not exceeding fifty currency points or imprisonment for a term not exceeding two years or both.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
258. Enforcement of directives

A person who fails to comply with any directive given to him or her by the authority or by any authorised person under these Regulations shall be deemed for the purposes of these Regulations to have contravened that provision

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Enforcement of directives”.

“A person who fails to comply with any directive given to him or her by the authority or by any authorised person under these Regulations shall be deemed for the purposes of these Regulations to have contravened that provision”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A person who fails to comply with any directive given to him or her by the authority or by any authorised person under these Regulations shall be deemed for the purposes of these Regulations to have contravened that provision
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
259. Aeronautical user fees
(1)

The authority shall publish in the aeronautical information circular the fees to be charged in connection with the issue, renewal, extension or variation of any ATO certificate, approval, authorisation or such other document, including the issue of a copy thereof, or the undergoing of any inspection or investigation or the grant of any permission required by, or for the purpose of these Regulations any orders, notices or proclamations made thereunder.

(2)

Upon an application being made in connection with which any fee is chargeable in accordance with the subregulation (1), the applicant shall be required, before the application is entertained, to pay the fee chargeable

(3)

Where after the payment has been made, the application is withdrawn by the applicant or otherwise ceases to have effect or is refused, the authority shall not refund the payment made.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Aeronautical user fees”.

“(1) The authority shall publish in the aeronautical information circular the fees to be charged in connection with the issue, renewal, extension or variation of any ATO certificate, approval, authorisation or such other document, including the issue of a copy thereof, or the undergoing of any inspection or investigation or the grant of any permission required by, or for the purpose of these Regulations any orders, notices or proclamations made thereunder.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) The authority shall publish in the aeronautical information circular the fees to be charged in connection with the issue, renewal, extension or variation of any ATO certificate, approval, authorisation or such other document, including the issue of a copy thereof, or the undergoing of any inspection or investigation or the grant of any permission required by, or for the purpose of these Regulations any orders, notices or proclamations made thereunder.
  2. (2) Upon an application being made in connection with which any fee is chargeable in accordance with the subregulation (1), the applicant shall be required, before the application is entertained, to pay the fee chargeable
  3. (3) Where after the payment has been made, the application is withdrawn by the applicant or otherwise ceases to have effect or is refused, the authority shall not refund the payment made.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part XII

260. Contravention of Regulations

A person who contravenes any provision of these Regulations may have his or her licence, certificate, authorisation, endorsement, exemption or other document revoked or suspended

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Contravention of Regulations”.

“A person who contravenes any provision of these Regulations may have his or her licence, certificate, authorisation, endorsement, exemption or other document revoked or suspended”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A person who contravenes any provision of these Regulations may have his or her licence, certificate, authorisation, endorsement, exemption or other document revoked or suspended
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
261. Offences and penalties
(1)

Where it is proved that an act or omission of any person, which would otherwise have been a contravention by that person of a provision of these Regulations, orders or notices made under these Regulations was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision. (2) A person convicted of an offence under these Regulations for which no penalty is expressly provided is, on conviction, liable to a fine not exceeding fifty currency points or imprisonment not exceeding twelve months or both, and in the case of a continuing contravention, to a fine not exceeding twenty-five currency points for each day or part of day that the offence continues. (3) A person who contravenes any provision specified as an "A" provision in Schedule 7 to these Regulations commits an offence and is on conviction, be liable, to a fine not exceeding fifty currency points for each offence or to imprisonment for a term not exceeding two years or both. (4) A person who contravenes any provision specified as a "B" provision in Schedule 7 to these Regulations commits an offence and is on conviction, liable, to a fine not exceeding one hundred currency points or to imprisonment for a term of four years or both.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Offences and penalties”.

“(1) Where it is proved that an act or omission of any person, which would otherwise have been a contravention by that person of a provision of these Regulations, orders or notices made under these Regulations was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision. (2) A person convicted of an offence under these Regulations for which no penalty is expressly provided is, on conviction,…”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (1) Where it is proved that an act or omission of any person, which would otherwise have been a contravention by that person of a provision of these Regulations, orders or notices made under these Regulations was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision. (2) A person convicted of an offence under these Regulations for which no penalty is expressly provided is, on conviction, liable to a fine not exceeding fifty currency points or imprisonment not exceeding twelve months or both, and in the case of a continuing contravention, to a fine not exceeding twenty-five currency points for each day or part of day that the offence continues. (3) A person who contravenes any provision specified as an "A" provision in Schedule 7 to these Regulations commits an offence and is on conviction, be liable, to a fine not exceeding fifty currency points for each offence or to imprisonment for a term not exceeding two years or both. (4) A person who contravenes any provision specified as a "B" provision in Schedule 7 to these Regulations commits an offence and is on conviction, liable, to a fine not exceeding one hundred currency points or to imprisonment for a term of four years or both.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part XIII

262. Revocation of S.I No. 28 of 2020, saving and transitional
(1)

The Civil Aviation (Personnel Licensing) Regulations, 2020, are repealed.

(2)

A licence, certificate, rating, authorisation, endorsement, approval or exemption granted under the Regulations revoked by subregulation (1) and which is in force immediately before the commencement of these Regulations, shall have effect and shall continue in force as if granted under these Regulations, until it expires or is cancelled by the authority.

(3)

Notwithstanding the continuance of a licence, certificate, rating, authorisation, endorsement, approval or exemption granted under subregulation (2), a person who, at the commencement of these Regulations is carrying out any act, duty or operation affected by these Regulations shall, within six months from the commencement of these Regulations, or within such longer period as the Minister may, by notice in the Gazette prescribe, comply with the requirements of these Regulations.

(4)

Notwithstanding regulation 260, a person granted licence, certificate, rating, authorisation, endorsement, approval or exemption continued under subregulation (2) who does not comply with the requirements of these Regulations within the time prescribed under subregulation (3), shall have the certificate, authorisation, exemption or approval cancelled by the authority.

SCHEDULES

SCHEDULE 1 Regulation 3

CURRENCY POINT

A currency point is equivalent to twenty thousand shillings.

SCHEDULE 2 Regulation 4(2)

SPECIFICATIONS FOR PERSONNEL LICENCES

Personnel licences issued by the authority in accordance with the relevant provisions of this Schedule shall conform to the following specifications-

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Revocation of S.I No. 28 of 2020, saving and transitional”.

“(1) The Civil Aviation (Personnel Licensing) Regulations, 2020, are repealed.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) The Civil Aviation (Personnel Licensing) Regulations, 2020, are repealed.
  2. (2) A licence, certificate, rating, authorisation, endorsement, approval or exemption granted under the Regulations revoked by subregulation (1) and which is in force immediately before the commencement of these Regulations, shall have effect and shall continue in force as if granted under these Regulations, until it expires or is cancelled by the authority.
  3. (3) Notwithstanding the continuance of a licence, certificate, rating, authorisation, endorsement, approval or exemption granted under subregulation (2), a person who, at the commencement of these Regulations is carrying out any act, duty or operation affected by these Regulations shall, within six months from the commencement of these Regulations, or within such longer period as the Minister may, by notice in the Gazette prescribe, comply with the requirements of these Regulations.
  4. (4) Notwithstanding regulation 260, a person granted licence, certificate, rating, authorisation, endorsement, approval or exemption continued under subregulation (2) who does not comply with the requirements of these Regulations within the time prescribed under subregulation (3), shall have the certificate, authorisation, exemption or approval cancelled by the authority.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
1. Details
(a)

The authority having issued a licence shall ensure that other States are able to easily determine the licence privileges and validity of ratings.

(b)

The following details shall appear on the licence- (i) name of State (in bold type); (ii) title of licence (in very bold type); (iii) serial number of the licence, in Arabic numerals, given by the authority issuing the licence; (iv) name of holder in full (in Roman alphabet also if script of national language is other than Roman); (v) date of birth; (vi) address of holder if desired by the authority; (vii) nationality of holder; (viii) signature of holder; (ix) authority and, where necessary, conditions under which the licence is issued; (x) certification concerning validity and authorisation for holder to exercise privileges appropriate to licence; (xi) signature of officer issuing the licence and the date of issue; (xii) seal or stamp of authority issuing the licence;

(xiii)

ratings, e.g. category, class, type of aircraft, airframe, aerodrome control, etc.; (xiv) remarks, i.e. special endorsements relating to limitations and endorsements for privileges, including from 5th March, 2008 an endorsement of language proficiency, and other information required in pursuance to Article 39 of the Chicago Convention; and (xv) any other details as the authority may determine.

2. Material

First quality papers or other suitable material, including plastic cards, shall be used and the details specified in paragraph 1(b) shown clearly thereon.

SCHEDULE 3 Regulations 25, 32, 56, 69, 79 and 85

LANGUAGE PROFICIENCY REQUIREMENTS

1. To meet the language proficiency requirements

referred to in regula tion 25, an applicant for a licence or a licence holder shall demonstrate, in a manner acceptable to the authority, compliance with the holistic descriptors in paragraph 2 and with the Operational Level (Level 4) of the Language Proficiency Rating Scale in paragraph 3.

2. Holistic descriptors - proficient speakers shall
(a)

communicate effectively in voice-only (telephone/ radiotelephone) and in face-to-face situations; (b) communicate on common, concrete and work-related topics with accuracy and clarity; (c) use appropriate communicative strategies to exchange messages and to recognise and resolve misunderstandings such as to check, confirm, or clarify information in a general or work- related context; (d) handle successfully and with relative ease the linguistic challenges presented by a complication or unexpected turn of events that occurs within the context of a routine work situation or communicative task with which they are otherwise familiar; and (e) use a dialect or accent which is intelligible to the aeronautical community.

3. Rating scales
(1)

Operational Level (Level4): (a) Pronunciation: Pronunciation, stress, rhythm and intonation are influenced by the first language or regional variation but only sometimes interfere with understanding;

(b)

Structure: Basic grammatical structures and sentence patterns are used creatively and are usually well controlled. Errors may occur, particularly in unusual or unexpected circumstances, but rarely interfere with meaning.

(c)

Vocabulary: Vocabulary range and accuracy are usually sufficient to communicate effectively on common, concrete, and work-related topics. Can often paraphrase successfully when lacking vocabulary in unusual or unexpected circumstances.

(d)

Fluency: produces stretches of language at an appropriate tempo. There may be occasional loss of fluency on transition from rehearsed or formulaic speech to spontaneous interaction, but this does not prevent effective communication, can make limited use of discourse markers or connectors, fillers are not distracting. (e) Comprehension: comprehension is mostly accurate on common, concrete, and work-related topics when the accent or variety used is sufficiently intelligible for an international community of users. When the speaker is confronted with a linguistic or situational complication or an unexpected turn of events, comprehension may be slower or require clarification strategies. (f) Interactions: responses are usually immediate, appropriate and informative. Initiates and maintains exchanges even when dealing with an unexpected turn of events. deals adequately with apparent misunderstandings by checking, confirming or clarifying.

(2)

Extended Level (Level5) (a) Pronunciation: pronunciation, stress, rhythm, and intonation, though influenced by the first language or regional variation, rarely interfere with ease of understanding. (b) Structure: basic grammatical structures and sentence patterns are consistently well controlled. Complex structures are attempted but with errors which sometimes interfere with meaning. (c) Vocabulary: vocabulary range and accuracy are sufficient to communicate effectively on common, concrete, and work related topics. paraphrases consistently and successfully. vocabulary is sometimes idiomatic.

(d)

Fluency: able to speak at length with relative ease on familiar topics, but may not vary speech flow as a stylistic device, can make use of appropriate discourse markers or connectors. (e) Comprehension: comprehension is accurate on common, concrete, and work related topics and mostly accurate when the speaker is confronted with a linguistic or situational complication or an unexpected turn of events. is able to comprehend a range of speech varieties (dialect and/or accent) or registers. (f) Interactions: responses are immediate, appropriate, and informative, managers the speaker/listener relationship effectively.

(3)

Expert Level (Level 6) (a) Pronunciation: Pronunciation, stress, rhythm, and intonation, thought possibly influenced by the first language or regional variation, almost never interfere with ease of understanding. (b) Structure: Both basic and complex grammatical structures and sentence patterns are consistently well controlled. (c) Vocabulary: Vocabulary range and accuracy are sufficient to communicate effectively on a wide variety of familiar and unfamiliar topics. Vocabulary is idiomatic, nuanced, and sensitive to register. (d) Fluency: Able to speak at length with a natural, effortless flow. Varies speech flow for stylistic effect, e.g. to emphasise a point. Uses appropriate discourse markers and connectors spontaneously. (e) Comprehension: Comprehension is consistently accurate in nearly all contexts and includes comprehension of linguistic and cultural subtleties. (f) Interactions: Interacts with ease in nearly all situations. Is sensitive to verbal and non-verbal cues, and responds to them appropriately.

SCHEDULE 4

Regulation 81(3)

REQUIREMENTS FOR ISSUE OF MULTI CREW PILOT LICENCE-AEROPLANE

1. Training
(1)

In order to meet the requirements of the multi-crew pilot licence in the aeroplane category, the applicant complete an approved training course.

(2)

The training shall be competency-based and conducted in a multi- crew operational environment.

(3)

During the training, the applicant shall acquire the knowledge, skills and attitudes required as the underpinning attributes for performing as a co-pilot of a turbine-powered air transport aeroplane certificated for operation with a minimum crew of at least two pilots.

2. Assessment level

The applicant for the multi-crew pilot licence in the aeroplane category shall satisfactorily demonstrate performance in all the nine competency units specified in paragraph 3, at the advanced level of competency as defined in the level of competency.

3. Competency units

The nine competency units that an applicant has to demonstrate are as follows- (a) apply threat and error management (TEM)principles; (b) perform aeroplane ground operations; (c) perform take-off; (d) perform climb; (e) perform cruise; (f) perform descent;

(g)

perform approach; (h) perform landing; and (i) perform after-landing and aeroplane post-flight operations.

4. Simulated flight
(1)

The flight simulation training devices used to gain the experience specified in regulation 81(3) shall be approved by the authority.

(2)

Flight simulation training devices shall be categorised as follows- (a) Type I. E-training and part tasking devices approved by the authority that have the following characteristics- (i) involve accessories beyond those normally associated with desktop computers, such as functional replicas of a throttle quadrant, a side stick controller, or an FMS keypad; and (ii) involve psychomotor activity with appropriate application of force and timing of responses. (b) Type II. A flight simulation training device that represents a generic turbine-powered aeroplane. (c) Type III. A flight simulation training device that represents a multi-engined turbine-powered aeroplane certificated for a crew of two pilots with enhanced daylight visual system and equipped with an auto pilot. (d) Type IV. Fully equivalent to a Level D flight simulator or to a Level C flight simulator with an enhanced daylight visual system.

MULTI-CREW PILOT LICENCE - AEROPLANE, LEVELS OF COMPETENCY

1. Core flying skills

The level of competency at which the applicant shall have complied with the requirements for the private pilot licence, including night flight requirements, and, in addition, have completed, smoothly and

with accuracy, all procedures and manoeuvres related to upset training and flight with reference solely to instruments. From the outset, all training is conducted in an integrated multi-crew, competency- based and threat and error management (TEM) environment. Initial training and instructional input levels are high as core skills are being embedded in the abinitio application. Assessment at this level confirms that control of the aeroplane is maintained at all times in a manner such that the successful outcome of a procedure or a manoeuvre is assured, embedded in the abs initio application. Assessment at this level confirms that control of the aeroplane is maintained at all times in a manner such that the successful outcome of a procedure or a manoeuvre is assured.

2. Level 1 (Basic)

The level of competency at which assessment confirms that control of the aeroplane or situation is maintained at all times and in such a manner that if the successful outcome of a procedure or manoeuvre is in doubt, corrective action is taken. Performance in the generic cockpit environment does not yet consistently meet the Standards of knowledge, operational skills and level of achievement required in the core competencies. Continual training input is required to meet an acceptable initial operating standard. Specific performance improvement or personal development plans will be agreed and the details recorded. Applicants will be continuously assessed as to their suitability to progress to further training and assessment in successive phases.

3. Level 2 (Intermediate)

The level of competency at which assessment confirms that control of the aeroplane or situation is maintained at all times and in such a manner that the successful outcome of a procedure or manoeuvre is assured. The training received at Level 2 shall be conducted under the instrument flight rules, but need not be specific to any one type of aeroplane. On completion of Level 2, the applicant shall demonstrate levels of knowledge and operational skills that are adequate in the environment and achieves the basic standard in the core capability. Training support may be required with a specific development plan to maintain or improve aircraft handling, behavioural performance in leadership or team management. Improvement and development

to attain the Standard is the key performance objective. Any core competency assessed as less than satisfactory should include supporting evidence and a remedial plan.

4. Level 3 (Advanced)

The level of competency required to operate and interact as a co- pilot in a turbine-powered aeroplane certificated for operation with a minimum crew of at least two pilots, under visual and instrument conditions. Assessment confirms that control of the aeroplane or situation is maintained at all times in such a manner that the successful outcome of a procedure or manoeuvre is assured. The applicant shall consistently demonstrate the knowledge, skills and attitudes required for the safe operation of an applicable aeroplane type as specified in the performance criteria.

SCHEDULE 5

Regulation 165

KNOWLEDGE AND SKILL REQUIREMENTS FOR AIRCRAFT MAINTENANCE ENGINEERS LICENSING

Category A; Category B1; Category B2; and Category C

1. The subjects relevant to the knowledge

requirements for all licence Categories specified in regulation 4(10) (b) are presented in this Schedule in a Modular format.

2. The examinations for each Category of

licence and its sub-divisions where appropriate, shall be based on a number of the Modules as indicated in the Module/Category relationship set out in the table below.

3. From the Table

it will be noted that the modular arrangements recognise that major areas of the subjects are common to more than one licence Category or its sub-divisions. Thus, when an existing licence is to be extended to include another Category or sub-division, those Modules that have been satisfied by previous examinations may be excluded.

4. Each module is numbered and contains

a series of syllabus subject headings. Each subject is then further expanded in more details against 'level numbers' corresponding to Licence Without Type Rating (LWTR) and Type Rating (TR).

5. The following table provides an indication

of the modular requirements for knowledge, experience, competence and skill in aircraft maintenance engineering required by these Regulations. Detailed information for each module is provided in the Technical Guidance Material (Examination Manual).

Subject modules Aeroplane Helicopter Airship

A/B1.1/C A/B1.2/C A/B1.3/C A/B1.4/C A/B1.5/C A/B1.6/C A/B2/C

Turbine Piston Turbine Piston Turbine Piston engine(s) engine(s) engine(s) engine(s) engine(s) Avionics engine(s)

1 Mathematics X X X X X X X

2 Physics X X X X X X X

3 Electrical fundamentals X X X X X X X

4 Electronic fundamentals X X X X X X X

5 Digital techniques electronic instrument systems X X X X X X X 6 Materials and hardware X X X X X X X

7 Maintenance practices X X X X X X X

8 Basic aerodynamics X X X X X X X

9 Human factors X X X X X X X

10 Aviation legislation X X X X X X X

11 Aeroplane aerodynamics, structures and systems X X TBD TBD

Subject modules Aeroplane Helicopter Airship A/B2/C A/B1.1/C A/B1.2/C A/B1.3/C A/B1.4/C A/B1.5/C A/B1.6/C

Turbine Piston Turbine Piston Turbine Piston engine(s) engine(s) engine(s) engine(s) engine(s) Avionics engine(s)

12 Helicopter aerodynamics, structures and systems X X TBD TBD

13 Aircraft structures and systems TBD TBD X

14 Propulsion - avionic TBD TBD X systems

15 Gas turbine engine X X TBD TBD

16 Piston engine X X TBD TBD

17 Propeller X X TBD TBD

SCHEDULE 6 Regulations 202 and 203

CABIN CREW MEMBER INSTRUCTORS AND EXAMINERS TRAINING AND ASSESSMENT

Part I

Part II

Part VI

20. Types of characters for nationality, common and registration

marks

Part II

4. General requirements
(1)

A person shall not operate an aircraft within Uganda or fly an aircraft over Uganda, unless- (a) in case of an aircraft eligible for registration under the laws of Uganda, the aircraft has been registered by its owner in accordance with these Regulations and the authority has issued a certificate of registration for that aircraft which shall be carried aboard that aircraft for all operations; or (b) it is registered in-

(i)

a contracting State; or

(ii)

some other state in relation to which there is in force an agreement between the Government of Uganda and the government of that State which makes provision for the flight over Uganda of the aircraft registered in that State.

(2)

Subject to these Regulations, an aircraft shall not be registered or continue to be registered in Uganda where- (a) the aircraft is registered outside Uganda; (b) an unqualified person is entitled as owner to any legal or beneficial interest in the aircraft or to any share therein;

(c)

it is inexpedient in the public interest for the aircraft to be or to continue to be registered in Uganda; or

(d)

the aircraft does not qualify to be issued with a certificate of airworthiness as specified in the Civil Aviation (Airworthiness of Aircraft) Regulations, 2022.

(3)

A person shall not operate or fly an aircraft unless the aircraft has painted on it or affixed to it, in the manner required by the law of the State in which it is registered, the nationality and registration marks required by that law.

(4)

An aircraft shall not bear any marks which purport to indicate that the aircraft is- (a) registered in a State in which it is not in fact registered; or (b) a State aircraft of a particular State, if it is not an aircraft of that State, unless the appropriate authority of that State has sanctioned the bearing of these marks.

(5)

The authority is responsible for the registration of aircraft in Uganda and the maintenance of a current register on its premises showing, for each aircraft registered, the information recorded in the certificate of registration.

5. Classification of aircraft
(1)

An Aircraft shall be classified in accordance with Schedule 2 to these Regulations.

(2)

An aircraft which is intended to be operated with no pilot on board shall in addition be classified as an uncrewed aircraft. (3) Uncrewed aircraft shall include uncrewed free balloons and remotely piloted aircraft.

6. Eligibility for registration
(1)

An aircraft is eligible for registration where it is- (a) owned or leased by- (i) a citizen of Uganda;

(ii)

an individual citizen of a foreign State who is lawfully admitted for residency in Uganda; (iii) a corporation lawfully organised and doing business under the laws of Uganda; or (iv) a government entity; and

(b)

not registered under the laws of any foreign country.

(2)

The following persons are qualified to be the owners of a legal or beneficial interest in an aircraft registered in Uganda, or a share therein- (a) the Government of Uganda; (b) citizens of Uganda or persons who are bona fide resident in Uganda; (c) such other persons as the authority may approve, on condition that the aircraft is not used for commercial air transport, flying for training or aerial work and such other conditions as the authority may specify; and (d) bodies corporate- (i) established under and subject to the laws of Uganda; or (ii) established under and subject to the laws of such country as the authority may approve.

(3)

Where an unqualified person residing or having a place of business in Uganda is entitled as an owner to a legal or beneficial interest in an aircraft, or a share, the authority, upon being satisfied that the aircraft may otherwise be properly registered, may register the aircraft in Uganda and that person shall not cause or permit the aircraft while it is registered in accordance with these Regulations to be used for the purpose of commercial air transport operations or aerial work.

(4)

Where an aircraft is leased or is the subject of a lease, charter or hire purchase agreement to a person qualified under subregulation (2), the authority may, whether or not an unqualified person is entitled as owner to a legal or beneficial interest in the aircraft, register the aircraft in the names of the parties to the charter or hire purchase agreement upon being satisfied that the aircraft may otherwise remain registered during the continuation of the lease, charter or hire-purchase agreement.

7. Application for registration of aircraft
(1)

A person who intends to register an aircraft in Uganda shall submit an application for registration to the authority in a form and manner prescribed by the authority in applicable technical guidance material issued by the authority from time to time.

(2)

Subject to subregulation (1), each application shall -

(a)

certify the citizenship of the applicant;

(b)

show evidence of ownership of the aircraft; and

(c)

be signed by the applicant in ink.

(3)

The application for registration shall be submitted with a fee prescribed by the authority in the applicable Aeronautical Information Circular.

(4)

An application for the registration of an aircraft in Uganda may be made by, or on behalf of the owner provided that-

(a)

the applicant is legally entitled to the aircraft;

(b)

a written notice is submitted to the authority, identifying the person making the application on behalf of the owner;

(c)

in the case of a body corporate, a written notice identifying an officer of the body corporate, and the address, who may be served with documents, including the registration certificate issued by the authority; (d) in the case of an imported aircraft with previous registration of a foreign State, a statement issued by the authority responsible for registration of aircraft in that State stating when the registration was cancelled; (e) a description of the aircraft identifying it by reference to its manufacturer as indicated in the application; (f) where the aircraft has previously been registered in Uganda or elsewhere, particulars of the registration mark, if it has been reserved for the aircraft, as indicated in the application; (g) the name and address of each person who holds a property interest in the aircraft and a description of the person's property interest is indicated in the application; (h) the name and address of the registered owner if different from paragraph (c); (i) the physical station where the aircraft will be usually stationed is indicated in the application; (j) the name and signature of the applicant is indicated in the application; and (k) the date of the application is indicated.

8. Registration of aircraft
(1)

The authority shall, on receiving an application for the registration of an aircraft and confirming that the aircraft meets the requirements of the applicable Regulations register the aircraft.

(2)

The authority shall include in the certificate of registration, the following particulars-

(a)

the number of the certificate;

(b)

the nationality mark of the aircraft and the registration mark assigned to it by the authority; (c) the name of the manufacturer and the manufacturer's designation of the aircraft; (d) the serial number of the aircraft; (e) the name and address of every person who is entitled as owner to a legal interest in the aircraft or a share therein, or, in the case of a lease agreement or financial arrangement, the names and addresses of lessee and lessor or as the case may be, the financier;

(f)

the name or logo of the issuing authority; and

(g)

conditions, if any, with regard to which it is registered.

9. Certificate of registration
(1)

The authority shall furnish to the person or persons in whose name or names the aircraft is registered, in this regulation referred to as the "registered owner", a certificate of registration, which shall include the particulars specified in Schedule 3 and the date on which the certificate was issued.

(2)

Subject to regulation 6, where at any time after an aircraft has been registered in Uganda an unqualified person becomes entitled as owner to a legal or beneficial interest in the aircraft or share therein, or the ownership of that aircraft is transferred to a person not qualified under the provisions of regulation 6, the registration of the aircraft shall become void and the certificate of registration shall be returned by the registered owner to the authority for cancellation.

(3)

The certificate of registration shall be in the form specified in Schedule 3 to these Regulations.

(4)

The certificate of registration shall be issued in the English language.

10. Change of registration or ownership particulars
(1)

A person registered as the owner of an aircraft registered in Uganda shall notify the authority in writing of- (a) any change in the particulars which were furnished to the authority at the time of application for registration of the aircraft; (b) the destruction of the aircraft or its permanent withdrawal from use; and (c) in the case of an aircraft registered in accordance with regulation 6 (4), the termination of the lease, charter or hire-purchase agreement.

(2)

A person who becomes the owner of an aircraft registered in Uganda shall inform the authority in writing.

(3)

The authority may, where it appears necessary or appropriate, or for purposes of updating the register in accordance with subregulations (1) and (2), correct or amend the particulars entered on the register.

(4)

For the purposes of this regulation, reference to the registered owner of the aircraft includes, in the case of a deceased person, his or her legal representative and in the case of a body corporate which has been dissolved, its successor, if any.

11. De-registration
(1)

The authority may de-register or cancel the registration of an aircraft under the following circumstances- (a) upon application by the registered owner for purposes of registering the aircraft in another State or for any other purpose; or

(b)

upon the destruction of the aircraft or its permanent withdrawal from use.

(2)

The authority shall, before de-registering an aircraft, require the registered owner to- (a) return the certificate of aircraft registration to the authority; (b) settle any lien or encumbrance attached to the aircraft; (c) remove all nationality and registration marks assigned to the aircraft; and (d) comply with any other conditions as the authority may specify.

(3)

The certificate of de-registration, in wording and arrangement, shall be in the form specified in Schedule 4 to these Regulations.

(4)

Where a certificate of de-registration is issued in a language other than English, the applicant shall attach an English language translation.

Part III

12. Marking and manner of affixation
(1)

A person shall not operate an aircraft registered in Uganda, unless the aircraft displays nationality and registration marks in accordance with the requirements of these Regulations. (2) The nationality or common mark and registration mark shall consist of a group of characters used to identify the nationality of the aircraft. (3) The marks used to identify the nationality of a Ugandan aircraft shall conform to the requirements of these Regulations and shall include a series of numbers or letters assigned by the authority. (4) The nationality marks shall be selected from the series of nationality symbols included in the radio call signs allocated to Uganda by the International Telecommunication Union.

(5)

The common mark shall be selected from the series of symbols included in the radio call signs allocated to the International Civil Aviation Organisation by the International Telecommunication Union. (6) The nationality mark shall be notified to the International Civil Aviation Organisation.

(7)

The nationality or common mark shall precede the registration mark and where the first character of the registration mark is a letter, the letter shall be preceded by a hyphen.

(8)

The registration mark shall be letters, numbers or a combination of letters and numbers, and the registration mark shall be assigned by the State of Registry or common mark registering authority. (9) A person shall not unless otherwise authorised by the authority, place on any aircraft a design, mark or symbol that modifies or confuses the nationality or registration marks.

(10)

Where letters are used for the registration mark, combinations shall not be used which might be confused with- (a) the five - letter combinations used in the International Code of Signals, Part II; (b) the three - letter combinations beginning with Q used in the Q Code; and (c) the distress signal SOS, XXX, PAN and TTT or other similar urgent signals.

(11)

The marks used shall not be similar to the international marks in such a way as to be confused with the International Five Letter Code of Signals or Distress Codes.

(12)

The nationality or common mark and registration mark shall be painted on the aircraft or shall be affixed by any other means ensuring a similar degree of permanence, and shall-

(a)

have no ornamentation; (b) contrast in colour with the background; (c) be legible; and (d) be kept clean and visible at all times.

(13)

The side marks for lighter-than-air aircraft shall be located in such a manner that they are visible both from the sides and are similarly visible from the ground.

(14)

The uncrewed balloon shall carry an identification plate marked with a serial number issued by the authority.

Part IV

13. General location of marks The nationality or common mark and registration mark shall be painted

on the aircraft or affixed by any other means ensuring a similar degree of permanence

14. Display of marks
(1)

An owner of an aircraft registered in Uganda shall display on the aircraft the nationality mark "5X" followed by the registration of the aircraft consisting of three Roman capital letters assigned by the Authority with a hyphen placed between the nationality mark and the registration mark.

(2)

Where it is not possible to mark the aircraft in accordance with these Regulations, the owner may apply to the authority for an alternative method of marking.

15. Location of marks on lighter-than-air aircraft

A person shall not operate a lighter-than-air aircraft unless the aircraft, is marked as follows (a) for airships-

(i)

the marks on an airship shall appear either on the hull or on the stabilizer surfaces;

(ii)

where the marks appear on the hull, they shall be located lengthwise on each side of the hull and also on its upper surface on the line of symmetry;

(iii)

where the marks appear on the stabilizer surfaces, they shall appear on the horizontal and on the vertical stabilizers;

(iv)

the marks on the horizontal stabilizer shall be located on the right half of the upper surface and on the left half of the lower surface, with the tops of the letters and numbers toward the leading edge; and

(v)

the marks on the vertical stabilizer shall be located on each side of the bottom half stabilizer, with the letters and numbers placed horizontally;

(b)

for spherical balloons other than uncrewed free balloons, the marks shall appear in two places diametrically opposite and shall be located near the maximum horizontal circumference of the balloon;

(c)

for non-spherical balloons other than uncrewed free balloons, the marks shall appear on each side and shall be located near the maximum cross section of the balloon immediately above either the rigging band or the points of attachment of the basket suspension cables;

(d)

for all lighter-than-air-aircraft other than uncrewed free balloons, the side marks shall be visible both from the sides and from the ground; and

(e)

for uncrewed free balloons, the marks shall appear on the identification plate.

16. Location of marks on heavier-than-air aircraft
(1)

The marks on heavier-than-air aircraft shall appear once on the lower surface of the wing structure and-

(a)

they shall be located on the left half of the lower surface of the wing structure unless they extend across the whole of the lower surface of the wing structure;

(b)

so far as is possible, the marks shall be located equidistant from the leading and trailing edges of the wings; and

(c)

the tops of the letters and numbers shall be toward the leading edge of the wing.

(2)

In the case of fuselage or equivalent structure and vertical tail surfaces, on heavier-than-air aircraft, the marks shall appear-

(a)

either on each side of the fuselage or equivalent structure, between the wings and the tail surface or on the upper halves of the vertical tail surfaces;

(b)

where located on a single vertical tail surface, on both sides; and

(c)

where located on multi-vertical tail surfaces, on the outboard sides of the outer surfaces.

(3)

For special cases where a heavier-than-air aircraft does not possess parts corresponding to those specified in subregulation (1) and (2), the marks shall appear in a manner such that the aircraft can be identified readily.

(4)

For an aircraft having more than one set of wings-

(a)

the mark shall be placed on the lower wing or the lower set of wings, as the case may be;

(b)

the marks shall also appear either on the fuselage, or equivalent structure of the aircraft or on the vertical tail surface of the aircraft, and shall be on each side of the fuselage or equivalent structure between the wings and the tail surfaces; and

(c)

the marks on the vertical tail surfaces shall be on each side of the vertical tail surface for aircraft with a single vertical surface, and shall be on each of the out-board sides of the outer vertical surfaces of the tail structure for an aircraft with multi-vertical surface structure.

(5)

In the case of rotorcraft, the marks shall be located horizontally on both the port and starboard sides and on any of the following where it shall be clearly visible- (a) the fuselage; (b) the engine cowling; (c) the tank or tanks; (d) the tail boom; or (e) any other external surface approved by the authority.

17. Deviations of size and location of marks
(1)

Where either one of the surfaces authorised for displaying required marks is large enough for display of marks meeting the size requirements of these Regulations and the other is not, the registered owner shall place full-size marks on the larger surface.

(2)

Where, neither surface is large enough for full-size marks, the authority may approve marks as large as practicable for display on the larger of the two surfaces.

18. Removal of marks

Where an aircraft registered in Uganda is sold, the holder of the certificate of registration shall upon de-registration remove, before its delivery to the purchaser, all nationality and registration marks of Uganda, unless the purchaser is a citizen or other legal entity as prescribed in regulation 6 (1).

Part V

19. Measurement of marks
(1)

A person shall not operate an aircraft unless the aircraft is marked with the number and letters comprising one or more marks of equal height.

(2)

In the case of lighter-than-air aircraft, other than uncrewed free balloons, the length of the marks shall be at least 50 centimetres.

(3)

Where the lighter-than-air aircraft does not possess parts of sufficient size to accommodate the marks described in subregulation 5, the measurements of the marks shall be determined by the authority, taking into account the need for the aircraft to be identified readily.

(4)

The marks on a balloon and an uncrewed free balloon shall be vertical and shall be at least 50 centimetres, taking into account the size of the payload to which the identification plate is affixed.

(5)

In the case of fixed wing heavier-than-air aircraft- (a) the wing marks must be at least 50 centimetres in height;

(b)

the marks on the fuselage or equivalent structure, shall be at least 30 centimetres in height without visually interfering with the outlines of the fuselage or equivalent structure;

(c)

the marks on the vertical tail surface marks shall be at least 30 centimetres in height with a clearance of 5 centimetres from the leading and trailing edge of the tail surface; and (d) where the heavier-than-air aircraft does not possess parts corresponding to those specified in this regulation or where the parts are too small to accommodate the marks prescribed in paragraphs (a), (b) and (c), the measurements of the marks shall be determined by the authority, taking into account the need for the aircraft to be identified readily.

(6)

In the case of a rotorcraft- (a) the marks shall be at least 30 centimetres in height; or (b) where the surface area of that part of the rotorcraft on which the marks are to be located is not sufficient to enable compliance with the requirements of paragraph (a), the measurements of the marks shall be determined by the authority, taking into account the need for the aircraft to be identified readily.

(7)

The marks shall be vertical or sloping at the same angle being an angle of no more than 30 degrees to the vertical axis.

Part VI

20. Types of characters for nationality, common and registration

marks (1) A person shall not operate an aircraft unless the aircraft is marked with capital letters in Roman characters without ornamentation and the numbers shall be Arabic numbers without ornamentation.

(2)

The width of each character, except the letter I, and the number and the length of hyphens shall be two-thirds of the height of a character.

(3)

The characters and hyphens shall be formed by solid lines and shall be of a colour contrasting clearly with the background.

(4)

The thickness of the lines shall be one-sixth of the height of a character.

(5)

Each character shall be separated from that which it immediately precedes or follows, by a space of not less than onequarter of a character width.

(6)

A hyphen shall be regarded as a character for the purpose of marking.

Part VII

21. Aircraft civil register
(1)

The authority shall maintain a current aircraft civil register of all aircraft registered in Uganda.

(2)

The information recorded in the certificate of registration under regulation 8 (2) shall be recorded in the aircraft civil register.

(3)

The aircraft civil register of uncrewed free balloons shall contain the date, time and location of release, the type of balloon and the name of the operator.

Part VIII

22. Requirements for identification plate

(1 An aircraft shall carry an identification plate inscribed with its nationality or common mark and registration mark.

(2)

The identification plate shall be made of fireproof metal or other fireproof material of suitable physical properties.

(3)

The identification plate shall be secured to the aircraft in a prominent position near the main entrance or- (a) in the case of an uncrewed free balloon, affixed conspicuously to the exterior of the payload; and (b) in the case of a remotely piloted aircraft, secured in a prominent position near the main entrance or compartment or affixed conspicuously to the exterior of the aircraft if there is no main entrance or compartment.

(4)

The operator shall affix to each aircraft registered under the laws of Uganda an identification plate containing the aircraft type, model, serial number, nationality and registration marks.

Part IX

23. Inspection of certificate of registration

A person who holds a certificate of registration issued under these Regulations shall present the certificate for inspection upon the request of the authority or a person authorised by the authority

24. Change of name
(1)

A person who holds a certificate issued under these Regulations may apply to the authority to change the name on the certificate.

(2)

An application under subregulation (1) shall include- (a) the current certificate; and (b) a court order, or other legal document verifying the change of name.

(3)

The authority may, on being satisfied with the application, change the certificate or issue a replacement certificate.

(4)

The authority shall return to the holder the original certificate with the appropriate endorsement and the original documents submitted under subregulation 2 (b) and shall retain copies of the certificate.

25. Change of address
(1)

A holder of a certificate, issued under these Regulations shall notify the authority of the change in the physical and mailing address and shall do so in the case of-

(a)

the physical address, at least fourteen days before the change of address; and

(b)

the mailing address, upon the change of the mailing address.

(2)

A person who fails to notify the authority of the change in the physical address within the time frame specified in subregulation (1) shall not exercise the privileges of the certificate.

26. Replacement of certificate

A person may apply to the authority, in the form prescribed by the authority in the applicable technical guidance material, for replacement of the certificate of registration issued under these Regulations where the certificate is lost or destroyed

27. Certificate suspension, variation and revocation
(1)

Where the authority considers it to be in the public interest, the authority may provisionally suspend any certificate issued under these Regulations pending investigation, except that, whether or not the investigation has been completed, a provisional suspension under this subregulation shall, if not otherwise terminated, cease to have effect after twenty-eight days.

(2)

The authority may, upon the completion of an investigation, where the investigation shows sufficient grounds to revoke, suspend, or vary any document issued under these Regulations, and where the authority considers it to be in the public interest, revoke, suspend, or vary any document.

(3)

Where the authority considers it to be in the public interest, the authority may prevent any aircraft from flying.

(4)

Any person having possession or custody of any document which has been revoked, suspended or varied under these Regulations shall surrender it to the authority within fourteen days from the date of revocation, suspension or variation. (5) Where any person breaches a condition of a certificate or other document granted or issued under these Regulations, the document shall be invalid during the continuance of the breach.

28. Use and retention of certificates and records
(1)

A person shall not- (a) use any certificate issued under these Regulations which is forged or altered, or to which he or she is not entitled; (b) forge or alter any certificate issued under these Regulations; (c) lend any certificate issued under these Regulations to any person; or (d) make any false representation for the purpose of procuring for himself or herself or any other person the issue or change of any such certificate.

(2)

A person shall not mutilate, alter, render illegible or destroy any records, or any entry made therein, required under these Regulations to be maintained, or knowingly make, or procure or assist in the making of, any false entry in any such record, or wilfully omit to make a material entry in such record, during the period for which it is required under these Regulations to be preserved.

(3)

All records required to be maintained by or under these Regulations shall be recorded in a permanent and indelible material.

(4)

A person shall not purport to issue any certificate for the purpose of these Regulations unless he or she is authorised to do so by these Regulations.

(5)

The authority shall not issue any certificate of the kind referred to in subregulation (4) unless he or she has satisfied himself or herself that all statements in the certificate are correct, and that the applicant is qualified to hold that certificate.

29. Reports of violation
(1)

A person who is aware of any violation of these Regulations or of any order issued under the Act, or any rule, shall report the violation to the authority.

(2)

The authority shall determine the nature and type of investigation or enforcement action required to be undertaken in respect of a violation reported under subregulation (1).

30. Enforcement of directions
(1)

The authority may take enforcement action against any person who fails to comply with any direction issued to him or her by the Authority or by an authorised person under these Regulations

(2)

The authority shall take enforcement action against any regulated entity that fails to comply with these Regulations.

(3)

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

(4)

The enforcement action referred to in subregulation (2) includes-

(a)

in the case of a regulated entity, imposition of operating restrictions until the existing undesirable condition has been resolved; or (b) in case of a licensed personnel, require that the individual does not exercise the privileges of the licence until the existing undesirable condition has been resolved.

(5)

In carrying out enforcement action under subregulation (3), an inspector shall invoke the powers with due care and act in good faith in the interest of preserving safety.

31. Aeronautical user fees
(1)

The authority shall notify applicants of the fees to be charged in connection with the issue of, including the issue of a duplicate copy, or the undergoing of any examination or investigation required by, or for the purpose of these Regulations any orders, notices or proclamations made under these Regulations.

(2)

Upon an application being made in connection with which any fee is chargeable in accordance with the provisions of subregulation (1), the applicant shall be required, before the application is entertained, to pay the required fee.

(3)

Where a payment has been made and the application is withdrawn by the applicant or otherwise ceases to have effect or is rejected, the authority shall not refund the payment.

32. Application of Regulations to Government and visiting

forces (1) These Regulations shall apply to aircraft, not being military aircraft, belonging to or exclusively employed in the service of the Government, and for the purposes of such application, the department or other authority for the time being responsible for management of the aircraft shall be deemed to be the operator of the aircraft, and in the case of an aircraft belonging to the Government, to be the owner of the interest of the Government in the aircraft. (2) Except as otherwise expressly provided, the naval, military and air force authorities and member of any visiting force and property held or used for the purpose of such a force shall be exempt from the provisions of these Regulations to the extent that the visiting force formed part of the military force of Uganda.

33. Extra-territorial application of Regulations Except

where the context otherwise requires, the provisions of these Regulations shall (a) insofar as they apply, whether by express reference or otherwise, to aircraft registered in Uganda, wherever the aircraft may be;

(b)

insofar as they apply whether by express reference or otherwise to other aircraft, when they are within Uganda;

(c)

insofar as they prohibit, require or regulate, whether by express reference or otherwise, the doing of anything by any person in, or by any of the crew of, any aircraft registered in Uganda, apply to such persons and crew, wherever they may be;

(d)

insofar as they prohibit, require or regulate, whether by express reference or otherwise, the doing of anything in relation to any aircraft registered in Uganda by other persons shall, where such persons are citizens of Uganda, apply to them wherever they may be; and

(e)

not apply to meteorological pilot balloons used exclusively for meteorological purposes or to uncrewed free balloons without a payload.

Part X

34. Contravention of Regulations
(1)

A person who contravenes any provision of these Regulations may, have his or her licence, certificate, approval, authorisation, exemption or other document revoked or suspended.

(2)

A person who contravenes any provision of these Regulations or an order, notice or proclamation made under these Regulations, in relation to an aircraft, the operator of that aircraft and the Pilot-In-Command, where the operator or, the Pilot-In-Command is not the person who contravened that provision shall without prejudice to the liability of any other person under these Regulations, be deemed for the purposes of this regulation to have contravened that provision unless that person proves that the contravention occurred without his or her consent or connivance and that he or she exercised due diligence to prevent the contravention.

(3)

Where it is proved that an act or omission by any person is a contravention of a provision of these Regulations or an order, notice or proclamation made under these Regulations due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention of the provision of these Regulations. (4) Where a person is charged with contravening a provision under these Regulations, or an order, notice or proclamation made under these Regulations by reason of him or her having been a member of the flight crew on flight for the purpose of commercial air transport operations, a member of flight crew shall be treated, without prejudice to the liability of any other person under these Regulations, as not having been for that purpose in contravention of the provision, where he or she proves that he or she neither knew nor had reason to know that the flight was for that purpose. (5) A person who contravenes any provision of these Regulations, or an order or notice not being a provision referred to in subregulation (9) commits an offence and is liable, on conviction, to a fine, and in the case of a continuing contravention, each day of the contravention shall constitute a separate offence.

(6)

Where an aircraft is involved in a contravention and the contravention is by the owner or operator of the aircraft, the aircraft shall be subject to a lien for the penalty.

(7)

An aircraft subject to a lien for the purpose of subregulation (6) may be seized by and placed in the custody of the authority.

(8)

Subject to subregulation (7), the authority shall not seize an aircraft without the legal advice of the Attorney General.

(9)

An aircraft seized under subregulation (7), shall be released from the custody of the authority upon- (a) payment of the penalty or the amount agreed upon in compromise; (b) deposit of a bond in such amount as the authority may prescribe, conditioned upon payment of the penalty or the amount agreed upon in compromise; and

(c)

receiving an order of the court to that effect.

(10)

The authority and any person specifically authorised by name or any police officer not below the rank of inspector authorised by the Minister, may compound category A offences in Schedule 5 to these Regulations by assessing the contravention.

(11)

A person convicted of compound offences referred to in subregulation (10) shall pay to the authority a fine not exceeding one hundred currency points.

(12)

A person who contravenes any provision specified in a category Part B offence in Schedule 5 to these Regulations, commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points or to a term of imprisonment not exceeding four years or both.

(13)

A person who contravenes any provision of these Regulations, not being a provision referred to in Schedule 5 to these Regulations, commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points and in the case of a second or subsequent conviction, to a fine not exceeding two hundred currency points.

35. Appeals

A person aggrieved by any decision made under these Regulations may, within twenty-one days of such decision being made, appeal against the decision to the High Court

Part XI

36. Revocation of S.I. No. 29 of 2020, savings and transitional
(1)

The Civil Aviation (Aircraft Nationality and Registration Marks) Regulations, 2020 are revoked.

(2)

A certificate or any approval granted by the authority under the regulations revoked by subregulation (1) and which is in force immediately before the commencement of these Regulations, shall have effect and shall continue in force as if granted under these Regulations, until it expires or is cancelled by the authority.

(3)

Notwithstanding the continuance of any certificate or approval under subregulation (2), a person who, at the commencement of these Regulations is carrying out any act, duty or operation affected by these Regulations shall, within six months from the commencement of these Regulations, or within such longer period as the Minister may, by notice in the Gazette prescribe, comply with the requirements of these Regulations.

(4)

(4) Notwithstanding regulation 34, a person granted a certificate or approval continued under subregulation (2) who does not comply with the requirements of these Regulations within the time prescribed under subregulation (3), shall have the certificate or approval cancelled by the authority.

SCHEDULES

SCHEDULE 1

CURRENCY POINT

Regulations 3

One currency point is equivalent to twenty thousand shillings.

SCHEDULE 2

Regulation 5

CLASSIFICATION OF AIRCRAFT

SCHEDULE 3 Regulation 9

CERTIFICATE OF REGISTRATION

Certificate Number Form AWS 013 REPUBLIC OF UGANDA

UGANDA CIVIL AVIATION AUTHORITY

CERTIFICATE OF REGISTRATION

1. Nationality or common 2. Manufacturer and

3. Aircraft serial No mark and registration mark manufacturer's ............................. designation of aircraft ..... ........ .................... (Basis of registration) ................................ ......... ................. ............................ (a) Ownership of aircraft (b) Operator of aircraft (c) Other (explain)

4. (a) Name of owner
(b)

Address of certificate holder ……………………………………………………………..

5. Address of owner

The text of this section isn't in the consolidation we hold — see the original PDF above.

6. It is hereby certified that the above described aircraft has been duly entered

on the Uganda Aircraft Civil Register in accordance with the Convention on International Civil Aviation dated 7 December 1944 and with the Civil Aviation (Aircraft Nationality and Registration Marks) Regulations, S.I. No. 76 of (Signature) ............................................................... Date of issue .............................. ..............

SCHEDULE 4 Regulation 11 CERTIFICATE OF DE-REGISTRATION

SCHEDULE 5 Regulation 34 OFFENCES AND PENALTIES

REG. CATEGORY TITLE NO. OF OFFENCE

4 General requirements B

10 Change of registration or ownership particulars A

12 Marking and manner of affixation B

13 General-location of marks A

14 Display of marks A

15 Location of marks on lighter-than-air aircraft A

16 Location of marks on heavier-than-air aircraft A

18 Removal of marks A

19 Measurement of marks A

Types of characters for nationality, common and 20 A registration marks

22 Requirement for identification plate A

28 Use and retention of certificates and records B

29 Reports of violations B

REG. TITLE NO. PENALTY PART A Compound Change of registration or ownership the offences 10 particulars by assessing 13 General-location of marks and require the person 14 Display of marks convicted of the offence Location of marks on lighter-than-air to pay an 15 aircraft equivalent sum Location of marks on heavier-than-air not exceeding 16 one hundred aircraft currency points 18 Removal of marks 19 Measurement of marks Types of characters for nationality, 20 common and registration marks 22 Requirement for identification plate

REG. TITLE NO. PENALTY PART B 4 General requirements A person who contravenes any provision specified Marking and manner of in Part B of this Schedule 12 affixation commits an offence and Use and retention of is liable, on conviction, to 28 certificates and records a fine not exceeding one hundred currency points 29 Reports of violations or a term of imprisonment not exceeding four years, or both.

In the case of a second or subsequent conviction for the offence, the person is liable to a fine not exceeding two hundred currency points.

Cross references The Civil Aviation (Airworthiness of Aircraft) Regulations, 2022 S.I. No. 77 of 2022

GEN. KATUMBA-WAMALA (MP) Minister of Works and Transport

STATUTORY INSTRUMENTS SUPPLEMENT No. 34 12th August, 2022

STATUTORY INSTRUMENTS SUPPLEMENT to The Uganda Gazette No. 50, Volume CXV, dated 12th June, 2022 Printed by UPPC, Entebbe, by Order of the Government.

S T A T U T O R Y I N S T R U M E N T S

2022 No. 72.

THE CIVIL AVIATION (AERONAUTICAL RADIO NAVIGATION AIDS) REGULATIONS, 2022

ARRANGEMENT OF REGULATIONS

Regulation

Part IV

45. Functions of Global Navigation Satellite System

The text of this section isn't in the consolidation we hold — see the original PDF above.

46. Global navigation satellite system elements

The text of this section isn't in the consolidation we hold — see the original PDF above.

47. Space and time reference

The text of this section isn't in the consolidation we hold — see the original PDF above.

48. Signal-in-space performance

The text of this section isn't in the consolidation we hold — see the original PDF above.

49. Global navigation satellite system elements specifications

The text of this section isn't in the consolidation we hold — see the original PDF above.

50. Resistance to interference

The text of this section isn't in the consolidation we hold — see the original PDF above.

51. System characteristics of airborne ADF receiving systems

The text of this section isn't in the consolidation we hold — see the original PDF above.

Part III

21. Standard radio navigation aids
(1)

The standard radio navigation aids used for air navigation shall include-

(a)

the instrument landing system; (b) the global navigation satellite system; (c) the VHF omnidirectional radio range; (d) the non-directional radio beacon; (e) the distance measuring equipment; and (f) the en-route VHF marker beacon.

(2)

The differences in radio navigation aids specified in subregulation (1) shall be published in an Aeronautical Information Publication.

(3)

The Air Navigation Services Provider shall publish in an Aeronautical Information Publication any radio navigation aid that is not an instrument landing system but which may be used in whole or in part with aircraft equipment designed for use with an instrument landing system.

22. Precision approach radar
(1)

Where a precision approach radar system is installed and operated as a radio navigation aid with equipment for two-way communication with aircraft and facilities for the efficient coordination with air traffic control, the precision approach radar system shall conform to regulation 23.

(2)

Where a radio navigation aid is provided to support precision approach and landing, it shall be supplemented, as necessary, by a source of guidance information which, when used in conjunction with appropriate procedures, shall provide effective guidance to, and efficient coupling of manual or automatic with the desired reference path.

23. Composition of the precision approach radar systems
(1)

The precision approach radar system shall comprise- (a) the precision approach radar element; and (b) the surveillance radar element.

(2)

Where the precision approach radar is only used, the installation shall be identified by the term "precision approach radar" and not by the term "precision approach radar system''.

24. Specifications for precision approach radar elements

The specifications for precision approach radar are prescribed in Schedule 1 to these Regulations

25. Specifications for surveillance radar element A surveillance radar used as the element of a precision approach radar system shall satisfy the performance requirements prescribed in Schedule 1 to

these Regulations

26. Provision of information on the operational status of radio

navigation aids The Air Navigation Services Provider shall provide information on the operational status of radio navigation services essential for approach, landing and take-off to the aerodrome control tower and units providing approach control services on a timely basis.

27. Power supply for radio navigation aids and communication

systems The Air Navigation Services Provider shall provide radio navigation aids and ground elements of communication systems with suitable power supplies and means to ensure continuity of service consistent with the use of the service involved.

28. Human factors considerations

Human factors principles shall be observed in the design and certification of radio navigation aids

29. Basic requirements for instrument landing system

composition (1) The instrument landing system shall comprise- (a) VHF localiser equipment, associated monitor system, remote control and indicator equipment;

(b)

UHF glide path equipment, associated monitor system, remote control and indicator equipment; and

(c)

an appropriate means to enable glide path verification checks.

(2)

Distance to threshold information to enable glide path verification checks shall be provided by VHF marker beacons or distance measuring equipment, together with associated monitor systems and remote control and indicator equipment.

(3)

If one or more VHF marker beacons are used to provide distance to threshold information, the equipment shall conform to regulation 38 and where the distance measuring equipment is used in lieu of marker beacons, the equipment shall conform to the specifications in Schedule 2 to these Regulations.

30. Operational status indications Instrument landing system shall provide indications at designated remote control points of the

operational status of all instrument landing system ground system components, as follows (a) for all facility performance Category II and III instrument landing system, the air traffic services unit involved in the control of aircraft on the final approach shall-

(i)

be one of the designated remote control points; and

(ii)

receive information on the operational status of the instrument landing system, with a delay commensurate with the requirements of the operational environment; and

(b)

for a facility performance Category I instrument landing system, if that instrument landing system provides an essential radio navigation service, the air traffic services unit involved in the control of aircraft on the final approach shall- (i) be one of the designated remote control points; and (ii) receive information on the operational status of the instrument landing system, with a delay commensurate with the requirements of the operational environment.

31. Basic requirements for instrument landing system

construction and adjustment The instrument landing system shall be constructed and adjusted, so that, at a specified distance from the threshold, similar instrumental indications in the aircraft, represent similar displacements from the course line or instrument landing system glide path as appropriate, irrespective of the particular ground installation in use.

32. Localiser and glide path components of facility performance

categories The localiser and glide path components which form part of a facility performance Category I, II and III- instrument landing systems shall comply with the requirements prescribed in Schedules 2 and 3 to these Regulations.

33. Instrument Landing System level of safety The Instrument Landing System shall be designed and maintained to ensure adequate level of safety within the performance requirements and consistent with the category of operational performance prescribed in Schedules 2, 3 and 4 to

these Regulations

34. Two Instrument Landing System facilities serving opposite

ends of a single runway (1) Where two separate instrument landing system facilities serve opposite ends of a single runway and operationally harmful interference would be present if both facilities were transmitting, an interlock shall be used.

(2)

The Air Navigation Services Provider shall ensure that only one facility radiates at a time where two instrument landing systems are serving opposite ends of a runway or different runways at the airport using same paired frequencies.

(3)

When switching from one instrument landing system facility to another, radiation from both shall be suppressed for not less than 20 seconds.

(4)

At locations where an ILS facility and a GBAS facility serve opposite approach directions to the same runway and the approach direction in use is not the direction served by the ILS, the Air Navigation Services Provider shall ensure that the localiser does not radiate when GBAS low visibility operations that require GAST D are being conducted, except where it can be demonstrated by the Air Navigation Services Provider that the localiser signal supports compliance with the requirements of GNSS specifications.

(5)

The requirements of GNSS specifications referred to in subregulation (4) are requirements that define the ratio of desired, to undesired signals of GBAS and the maximum adjacent channel power tolerable by the GBAS receiver.

35. VHF localiser and associated monitor specifications The specifications of the VHF localiser and associated monitor are prescribed in Schedule 3 to

these Regulations

36. UHF glide path and associated monitor specifications The specifications of the UHF glide path and associated monitor are prescribed in Schedule 4 to

these Regulations

37. Localiser and glide path frequency pairing The pairing of the runway localiser and glide path transmitter frequencies of an instrument landing system are prescribed in Schedule 4 to

these Regulations

38. VHF marker beacons specifications The specifications of the VHF marker beacons are prescribed in Schedule 2 to

these Regulations

39. VHF omni directional range specifications The specifications of the VHF omni-directional range specifications are prescribed in Schedule 5 to

these Regulations

40. Non-directional radio beacon specifications The specifications of the non-directional radio beacon specifications are prescribed in Schedule 6 to

these Regulations

41. UHF distance measuring equipment- purpose The

distance measuring equipment system shall provide for continuous and accurate indication in the cockpit of the slant range distance of an equipped aircraft from an equipped ground reference point

42. Distance measuring equipment composition
(1)

The system shall comprise two basic components, one fitted in the aircraft and the other installed on the ground.

(2)

The component fitted in the aircraft shall be referred to as the interrogator whereas the component installed on the ground shall be referred to as the transponder.

43. UHF distance measuring equipment specifications The specifications of the UHF distance measuring equipment are prescribed in Schedule 7 to

these Regulations

44. Enroute VHF marker beacon 75 MHz specifications The specifications of the Enroute VHF marker beacon 75 MHz are prescribed in Schedule 8 to

these Regulations

Part IV

45. Functions of global navigation satellite system

The Air Navigation Services Provider shall ensure that the global navigation satellite system provides position and time data to the aircraft

46. Global navigation satellite system elements The Air Navigation Services Provider shall provide the global navigation satellite system navigation service using various combinations of the elements listed hereunder, installed

on the ground, on satellites or on board the aircraft (a) global positioning system that provides the standard positioning service; (b) global navigation satellite system that provides the channel of standard accuracy navigation signal; (c) aircraft-based augmentation system; (d) satellite-based augmentation system; (e) ground-based augmentation system; (f) ground-based regional augmentation system; and (g) aircraft global navigation satellite system receiver.

47. Space and time reference
(1)

The position information provided by the global navigation satellite system to the user shall be expressed in terms of the World Geodetic System-1984 (WGS-84) geodetic reference datum.

(2)

The time data provided by the global navigation satellite system to the user shall be expressed in a time scale that takes the Coordinated Universal Time (UTC) as reference.

48. Signal-in-space performance The combination of global navigation satellite system elements and a fault-free global navigation satellite system user receiver shall meet the signal-in-space requirements prescribed in Schedule 9 to

these Regulations

49. Global navigation satellite system elements specifications The specifications of the global navigation satellite system elements are prescribed in Schedule 9 to

these Regulations

50. Resistance to interference Global navigation satellite system shall comply with performance requirements prescribed in Schedule 9 to

these Regulations

51. System characteristics of airborne ADF receiving systems The system characteristics for airborne ADF receiving systems shall conform to the requirements prescribed in the Schedule 10 to

these Regulations

Part V

52. Requirements for application for exemption
(1)

A person may apply to the authority for an exemption from any provision of these Regulations.

(2)

An application in subregulation (1) shall be made at least sixty days prior to the proposed effective date, save in the case of an emergency.

(3)

The application referred to in subregulation (1) shall state- (a) the name and contact address including electronic mail and fax if any; (b) the telephone number; (c) a citation of the specific requirement from which the applicant seeks exemption;

(d)

the justification for the exemption; (e) a description of the type of operations to be conducted under the proposed exemption; (f) the proposed duration of the exemption; (g) an explanation of how the exemption is in the public interest; (h) a detailed description of the alternative means by which the applicant will ensure a level of safety equivalent to that established by the regulation in question; (i) a safety risk assessment carried out in respect of the exemption applied for; (j) if the applicant handles international operations and seeks to operate under the proposed exemption, an indication whether the exemption will contravene any provision of the Standards and Recommended Practices of the International Civil Aviation Organisation; and (k) any other information that the authority may require.

(4)

Where the applicant seeks to process an application for an exemption for an emergency, the application shall contain supporting facts and reasons for not filing the application within the time specified in subregulation (2) and reason for deeming the application an emergency.

(5)

The authority may, in writing, refuse an application made under subregulation (4), where in the opinion of the authority, the reasons given for processing an exemption for an emergency are not satisfactory.

(6)

The application for exemption shall be accompanied by fee prescribed by the authority.

53. Review and publication
(1)

The authority shall review the application for exemption made under regulation 52 for accuracy and compliance, and if the application is satisfactory, the authority shall publish a detailed summary of the application for comments, within a prescribed time in- (a) the Gazette; (b) aeronautical information circular; and (c) a daily newspaper with national circulation.

(2)

Where the requirements for an application prescribed in regulation 52 have not been fully complied with, the authority shall request the applicant in writing, to comply prior to publication.

(3)

The authority shall, where the request is for emergency relief, publish the decision as soon as possible after processing the application.

54. Evaluation of request
(1)

The authority shall, upon receipt of a complete application, conduct an evaluation of the request- (a) to determine whether an exemption is in the public interest; (b) to determine, after a technical evaluation of whether the applicant's proposal provides a level of safety equivalent to that established by the regulation, although where the authority decides that a technical evaluation of the request will impose a significant burden on the authority's technical resources, the authority may deny the exemption on that basis; (c) to determine whether a grant of the exemption contravenes these Regulations; and (d) to make a recommendation based on paragraph (a), (b) and (c), of whether the request should be granted or denied, and of any conditions or limitations that should be part of the exemption.

(2)

The authority shall notify the applicant in writing, its decision and publish in the Gazette a detailed summary of its evaluation and decision.

(3)

The summary referred to in subregulation (2) shall specify the duration of the exemption and any conditions or limitations of the exemption.

(4)

The authority shall, where the exemption affects a significant population of the aviation community of Uganda, publish the summary in the aeronautical information circular.

Part VI

55. Drug and alcohol testing and reporting
(1)

A person who performs any function prescribed by these Regulations directly or by contract may be tested for drug or alcohol usage. (2) A person who- (a) refuses to submit to a test to indicate the percentage by weight of alcohol in the blood; (b) refuses to submit to a test to indicate the presence of narcotic drugs, marijuana, depressant, stimulant drugs or substances in the body, when requested by a law enforcement officer or the authority; or (c) refuses to furnish or to authorise the release of the test results requested by the authority, shall- (i) be denied certificate, exemption or any authorisation issued under these Regulations for a period of up to one year from the date of that refusal; or (ii) have his or her certificate, exemption or any authorisation issued under these Regulations suspended or revoked.

(3)

A person convicted of an offence relating to the growing, processing, manufacture, sale, disposition, possession, transportation or importation of narcotic drugs, marijuana, depressant, stimulant drugs or substances, shall- (a) be denied any certificate or authorisation issued under these Regulations for a period of one year after the date of conviction; or (b) have his or her certificate or authorisation issued under these Regulations suspended or revoked.

56. Change and replacement of name
(1)

A holder of a certificate to provide communication, navigation and surveillance services may apply to the authority for- (a) replacement of the certificate where the certificate is lost or destroyed; (b) change of name on the certificate; or (c) an endorsement on the certificate.

(2)

The application under subregulation (1), shall be accompanied by- (a) the original certificate for purpose of paragraph (b) and (c) (b) letter from the police where the certificate is lost; or (b) any other legal document verifying the change of name.

57. Change of address
(1)

Where a person issued with a certificate under these Regulations changes physical address or mailing address, he or she shall within fourteen days of the change of address notify the authority (2) A person who contravenes subregulation (1) shall not exercise the privileges of the certificate.

58. Replacement of documents

A person may, in writing, apply to the authority for replacement of documents issued under these Regulations where the documents are lost or destroyed

59. Use and retention of documents and records
(1)

A person shall not- (a) use any certificate or exemption which has been forged, altered, cancelled or suspended under these regulations, or to which he or she is not entitled; (b) forge or alter any certificate or exemption issued under these Regulations; (c) lend any certificate or exemption issued under these Regulations to any other person; (d) make any false representation or utterance for the purpose of procuring for himself or herself or any other person the grant, issue, renewal or variation of any certificate or exemption; or (e) mutilate, alter, render illegible or destroy any records or any entry made or required under these Regulations, or knowingly make, procure or assist in the making of, any false entry in the record, or willfully omit to make a material entry in the record.

(2)

A person who violates the provisions of subregulation (1) of this regulation commits an offence and is liable, on conviction, to a fine not exceeding fifty currency points or imprisonment for a term not exceeding two years or both.

(3)

The authority and the Air Navigation Services Provider shall keep and maintain all records required to be maintained under these Regulations.

(4)

Records shall be kept and maintained in a permanent and indelible material. (5) A person shall not issue any certificate or exemption under these Regulations unless he is authorised to do so by the authority.

(6)

A person shall not issue any certificate referred to in subregulation (5) unless he or she is satisfied that all the statements in the certificate are correct, and that the applicant is qualified to hold that certificate.

60. Aeronautical fees
(1)

The authority shall, in writing, determine the fees to be charged for the services provided under these Regulations.

(2)

Where an application is made under these Regulations and the authority deems it fit that a fee is chargeable for such an application, the applicant shall be required, before the application is accepted, to pay a fee as shall be determined by the authority. (3) Where, after fees for an application have been paid under subregulation (2) and the applicant withdraws the application or the application otherwise ceases to have effect or is refused, the authority shall not refund the fee paid.

Part VII

61. Contravention of Regulations

A person who contravenes any provision of these Regulations may, if he or she possesses a certificate or exemption issued under these Regulations, have his or her certificate or exemption cancelled or suspended

62. General penalties

A person who contravenes any provision of these Regulations, commits an offence and is liable, on conviction, to a fine not exceeding fifty currency points or imprisonment for a term not exceeding two years or both

63. Appeal

A person aggrieved by a decision made under these Regulations may appeal against the decision to a court of competent jurisdiction

Part 1

1. Title

These Regulations may be cited as the Civil Aviation (Safe Transport of Dangerous Goods by Air) Regulations, 2022.

2. Application

These Regulations apply to all international and domestic operations of civil aircraft and to any person, organisation or enterprise engaged in or offering to engage in aircraft operations involved in the safe transport of dangerous goods by air.

3. Interpretation

In these Regulations, unless the context otherwise requires- "Aircraft Operator Certificate (AOC)" means a certificate authorising an operator to carry out specified commercial air transport operations; "approval" means an authorisation granted by an appropriate national authority for-

(a)

the transport of dangerous goods forbidden on passenger or cargo aircraft where the Technical Instructions state that such goods may be carried with an approval or both; or

(b)

other purposes as provided for in the Technical Instructions;

"cargo aircraft" means any aircraft, other than a passenger aircraft, which is carrying goods or property;

"consignment" means one or more packages of dangerous goods accepted by an operator from one shipper at one time and at one address, receipted for in one lot and moving to one consignee at one destination address;

"COMAT" means an operator material carried on an aircraft of the operator for the purpose of the operator;

"crew member" means a person assigned by an operator to duty on an aircraft during a flight duty period;

"currency point" has the value assigned to it in Schedule 1 to these Regulations;

"dangerous goods" means articles or substances which are capable of posing a hazard to health, safety, property or the environment and which are shown in the list of dangerous goods in the Technical Instructions or which are classified according to Technical Instructions;

"dangerous goods accident" means an occurrence associated with and related to the transport of dangerous goods by air which results in fatal or serious injury to a person or major property or environmental damage;

"dangerous goods incident" means an occurrence, other than a dangerous goods accident, associated with and related to the transport of dangerous goods by air, not necessarily occurring on board an aircraft, which results in injury to a person, property or environmental damage, fire, breakage,

spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained;

"designated postal operator" means any governmental or non- governmental entity officially designated by a Universal Postal Union (UPU) member country to operate postal services and to fulfil the related obligations arising from the acts of the UPU Convention on its territory;

"exemption" means an authorisation, other than an approval, granted by an appropriate national authority providing relief from the provisions of the Technical Instructions; "flight crew member" means a licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period;

"IATA" means the International Air Transport Association;

"ICAO" means the International Civil Aviation Organisation;

"operator" means a person, organisation or enterprise engaged in or offering to engage in an aircraft operation;

"overpack" means an enclosure used by a single shipper to contain one or more packages and to form one handling unit for convenience of handling and stowage; "package" means the complete product of the packing operation consisting of the packaging and its contents prepared for transport;

"packaging" means receptacles and any other components or materials necessary for the receptacle to perform its containment function; "passenger aircraft" means an aircraft that carries any person other than a crew member, an operator's employee in

an official capacity, an authorised representative of an appropriate national authority or a person accompanying a consignment or other cargo; "Pilot-In-Command (PIC)" means the pilot designated by the operator, or in the case of general aviation, the owner, as being in command and charged with the safe conduct of a flight;

"Safety Management System (SMS)" means a systematic approach to managing safety, including the necessary organisational structures, accountabilities, policies and procedures;

"State of origin" means the State in the territory of which the consignment is first to be loaded on an aircraft;

"State of the operator" means the State in which the principal place of business of the operator is located or, if there is no such place of business, the permanent residence of the operator;

"Technical Instructions" means the Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc 9284), approved and issued periodically in accordance with the procedure established by the ICAO;

"UN number" means the four-digit number assigned by the United Nations Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonised System of Classification and Labelling of Chemicals to identify an article or substance or a particular group of articles or substances;

"Unit load device" means any type of freight container, aircraft container, aircraft pallet with a net, or aircraft pallet with a net over an igloo.

Part II

4. Dangerous goods Technical Instructions
(1)

A person, organisation or enterprise engaged in or offering to engage in domestic and international aircraft operations involved in the safe transport of dangerous goods by air, shall not do so unless such operations are carried out in accordance with the latest edition of ICAO Technical Instructions and its amendments.

(2)

Uganda as a contracting State shall inform ICAO of the difficulties encountered in the application of the Technical Instructions and of any amendments under the Technical Instructions which it would desire to make.

(3)

Where an amendment to the Technical Instructions with immediate applicability for purposes of safety may not have been implemented in a contracting State yet, such State shall, facilitate the movement of the dangerous goods in its territory which are consigned from another contracting State in accordance with that amendment, provided the goods comply in total with the revised requirements.

(4)

A person shall before offering a package or overpack of dangerous goods for transport by air, ensure compliance to the ICAO Technical Instructions for the safe transport of dangerous goods by air.

(5)

Transport by air of infectious substances or dangerous goods shall require coordinated action by the shipper, the operator, and the consignee, to ensure safe transport and arrival on time and in proper condition in accordance with the Technical Instructions.

(6)

An article and substance, which would otherwise be classified as dangerous goods shall be excluded from the provisions of these Regulations, to the extent specified in the Technical Instructions, provided they are-

(a)

required to be aboard the aircraft for operating reasons;

(b)

carried as catering or cabin service supplies;

(c)

carried for use in flight as veterinary aids for use as a humane killer for animals; or

(d)

carried for use in flight for medical aid for a patient, provided that-

(i)

gas cylinders have been manufactured specifically for the purpose of containing and transporting that gas;

(ii)

drugs, medicines, and other medical matter are under the control of trained personnel during the time when they are in use in the aircraft;

(iii)

equipment containing wet cell batteries is secured in an upright position to prevent spillage of the electrolyte; (iv) proper provision is made to stow and secure all the equipment during take-off and landing and at all other times when deemed necessary by the Pilot-In- Command in the interest of safety; or

(v)

they are carried by passenger or crew members.

5. Domestic civil aircraft operations

The authority shall take the necessary measures to achieve compliance with these Regulations and the Technical Instructions for domestic civil aircraft operations, for safety and to minimise interruptions to the international transport of dangerous goods.

6. Dangerous goods specific approval

An applicant for a specific approved for transportation of dangerous goods by air, shall be granted a specific approval after a successful completion of the five-phase certification process as specified by the authority in the applicable technical guidance material.

7. Exemptions
(1)

An article and substance which is otherwise classified as a dangerous good, but which is required to be aboard the aircraft in accordance with the pertinent airworthiness requirements and operating regulations, or for those specialised purposes identified in the Technical Instructions, shall be exempted from the provisions of these Regulations.

(2)

Where an article and substance intended as a replacement for the article and substance described in subregulation (1) or which has been removed for replacement is carried on an aircraft, the article and substance shall be transported in accordance with the provisions of these Regulations except as permitted in the Technical Instructions.

(3)

A specific article and substance carried by a passenger or crew member shall be exempted from the provisions of these Regulations to the extent specified in the Technical Instructions.

(4)

Where specifically provided for in the Technical Instructions, the State concerned may grant an approval of dangerous goods for transport by air, provided that in such instances an overall level of safety in transport which is equivalent to the level of safety provided for, in the Technical Instructions is achieved. (5) Notwithstanding subregulation (2), the authority may grant an exemption from the provisions of the Technical Instructions, in the following instances- (a) extreme urgency; (b) when other forms of transport are inappropriate; or (c) where full compliance with the prescribed requirements is contrary to the public interest.

(6)

Subject to subregulation (3), where an exemption is granted, every effort shall be made to achieve an overall level of safety in transport, which is equivalent to the level of safety provided for in the Technical Instructions.

(7)

For the state of overflight, if none of the criteria for granting an exemption are relevant, an exemption may be granted based solely on whether it is believed that an equivalent level of safety in air transport has been achieved.

(8)

These Regulations do not require an operator to transport a particular article or substance or prevent an operator from adopting special requirements on the transport of a particular article or substance.

(9)

For purposes of this section, "State concerned" means the State of origin or the State of the operator, unless otherwise specified in the Technical Instructions.

8. Notification of variations from the Technical Instructions
(1)

Where the authority adopts different provisions from those specified in the Technical Instructions, it shall notify ICAO promptly of such variations for publication in the Technical Instructions.

(2)

The authority shall take the necessary measures to ensure that where an operator adopts more restrictive requirements than those specified in the Technical Instructions, the notification of such operator variations is made to ICAO for publication in the Technical Instructions.

(3)

State variations issued by Uganda shall be notified and specified in the ICAO Technical Instructions and IATA Dangerous Goods Regulations.

9. Surface transport

Dangerous goods intended for transport by air and prepared in accordance with the ICAO Technical Instructions shall comply strictly with the procedures of the authority for surface transport of dangerous goods to be carried by air, to or from aerodromes.

10. Enforcement of Regulations

The authority shall designate and delegate a section within the authority responsible for regulatory compliance with these Regulations

11. Classification of dangerous goods

A person involved in handling dangerous goods shall take all reasonable measures to ensure that articles and substances are classified as dangerous goods as specified in the Technical Instructions Limitations on the Transportation of Dangerous Goods by Air

12. Dangerous goods permitted for transport by air

The transport of dangerous goods by air is forbidden except as prescribed in these Regulations and the detailed specifications and procedures provided in the Technical Instructions

13. Dangerous goods forbidden for transport by air unless

exempted The following dangerous goods shall be forbidden on an aircraft unless exempted by the authority or unless the provisions of the Technical Instructions indicate that the dangerous goods may be transported under an approval granted by the authority- (a) dangerous goods that are identified in the Technical Instructions as being forbidden for transport in normal circumstances; (b) infected live animals; (c) weapons and ammunition; (d) explosives, unless required on board an aircraft for its operations; (e) poisonous gases; (f) infectious substances; and (g) radioactive material, radioisotopes and similar substances.

14. Dangerous goods forbidden for transport by air under any

circumstances A person involved in the transportation of dangerous goods shall take all reasonable measures to ensure that articles and substances that

are specifically identified by name or by generic description in the Technical Instructions as being forbidden for transport by air under any circumstances are not be carried on any aircraft.

15. General requirements for packing Dangerous goods shall be packed in accordance with

the provisions of these Regulations and as provided for in the Technical Instructions

16. Packaging
(1)

Packaging used for the transportation of dangerous goods by air shall be of good quality and shall be constructed and securely closed to prevent leakage which might be caused in normal conditions of transport, changes in temperature, humidity or pressure, or by vibration.

(2)

The packaging shall be suitable for the contents and where packaging is in direct contact with dangerous goods, the packaging shall be resistant to any chemical or other action of such dangerous goods.

(3)

The packaging shall meet the material and construction specifications in the Technical Instructions.

(4)

The packaging shall be tested in accordance with the provisions of the Technical Instructions.

(5)

The packaging for which retention of a liquid is a basic function, shall be capable of withstanding, without leaking, the pressure stated in the Technical Instructions.

(6)

An inner packaging shall be packed, secured or cushioned to prevent their breakage or leakage and to control their movement within the outer packaging during normal conditions of air transport.

(7)

The cushioning and absorbent materials shall not react dangerously with the contents of the packaging.

(8)

No packaging shall be re-used until it has been inspected and found free from corrosion or other damage.

(9)

Where a packaging is re-used, all necessary measures shall be taken to prevent contamination of subsequent contents.

(10)

Where uncleaned empty packaging may present a hazard, because of the nature of the former contents of the packaging, the packaging shall be tightly closed and treated according to the hazard the packaging constitute.

(11)

No harmful quantity of a dangerous substance shall adhere to the external of the packages.

Labelling and Marking

17. Labels
(1)

Unless otherwise provided for in the Technical Instructions, every package of dangerous goods shall be labelled with the appropriate labels and in accordance with the provisions of the Technical Instructions.

(2)

A person involved in handling dangerous goods shall take all reasonable measures to ensure that the dangerous goods are packed as specified in the Technical Instructions.

(3)

Where dangerous goods are carried on a flight which takes place wholly or partly outside the territory of Uganda, the shipper and the operator shall ensure that the labelling and markings are in the English language in addition to any other language requirements.

18. Markings
(1)

Unless otherwise provided for in the Technical Instructions, every package of dangerous goods shall be marked with the proper shipping name of its contents and, when assigned, the UN number and such other markings as may be specified in the Technical Instructions.

(2)

Unless otherwise provided for in the Technical Instructions, each packaging manufactured to a specification contained in the Technical Instructions shall be marked in accordance with the appropriate provisions of the Technical Instructions and the packaging shall not be marked with a packaging specification marking unless it meets the appropriate packaging specification contained in the Technical Instructions.

19. Languages to be used for markings

In addition to the languages required by the State of origin and pending the development and adoption of a more suitable form of expression for universal use, English may be used for the markings related to dangerous goods

Part III

20. General requirements Before

a person offers any package or overpack of dangerous goods for transport by air, that person shall ensure that the dangerous goods are not forbidden for transport by air and are properly classified, packed, marked, labelled, and accompanied by a properly executed dangerous goods transport document, as specified in these Regulations and the Technical Instructions

21. Dangerous goods transport document
(1)

An operator shall not accept dangerous goods for transport by air-

(a)

unless the dangerous goods are accompanied by a duly completed and signed document by a person who offers it in accordance with the information required by the Technical Instructions; or

(b)

until the package, over pack or freight container containing the dangerous goods has been inspected in accordance with the acceptance procedures contained in the Technical Instructions.

(2)

The transport document shall bear a declaration signed by the person who offers dangerous goods for transport indicating that the dangerous goods are fully and accurately described by their proper shipping names and that they are classified, packed, marked, labelled, and in proper condition for transport by air in accordance with the relevant regulations.

22. Languages to be used for dangerous

goods documents In addition to the languages which may be required by the State of origin and pending the development and adoption of a more suitable form of expression for universal use, English may be used for the dangerous goods transport document

Part IV

23. Safety management systems
(1)

An operator shall include provisions on the carriage of dangerous goods in the scope of the operator's safety management system.

(2)

For purposes of carriage of dangerous goods, further guidance is contained in the Civil Aviation (Safety Management) Regulations, 2022 and the Safety Management Manual (Doc 9859).

24. Acceptance for transport

An operator shall not accept dangerous goods for transport by air (a) unless the dangerous goods are accompanied by a completed dangerous goods transport document, except where the Technical Instructions indicate that such a document is not required; (b) until the package, over pack or freight container containing the dangerous goods has been inspected in accordance with the acceptance procedures contained in the Technical Instructions; and (c) unless for special provisions relating to the acceptance of overpacks are as contained in the Technical Instructions.

25. Acceptance checklist
(1)

An operator shall develop and use an acceptance checklist as an aid to compliance with the provisions of these Regulations.

(2)

An operator shall not permit dangerous goods for transport by air unless the package, overpack or freight container has been inspected in accordance with the acceptance procedures in the Technical Instructions.

(3)

An operator, or his or her handling agent, shall use an acceptance checklist which- (a) allows all relevant details to be checked; and (b) is in such form to allow the recording of the results of the acceptance check by either manual, mechanical or computerised means.

26. Loading and stowage Packages and over packs containing dangerous goods and freight containers containing radioactive materials shall be loaded and stowed on an aircraft in accordance with

the provisions of the Technical Instructions

27. Inspection for damage or leakage An

operator, shipper or handling agent shall ensure that (a) packages, over packs and freight containers are inspected for evidence of leakage or damage immediately prior to loading an aircraft or into a unit load device, as specified in the Technical Instructions;

(b)

a unit load device is not loaded on an aircraft unless it has been inspected as required by the Technical Instructions and found free from any evidence of leakage from, or damage to, the dangerous goods contained in the unit load device;

(c)

packages and over packs containing dangerous goods and freight containers containing radioactive materials shall be inspected for evidence of leakage or damage before loading on an aircraft or into a unit load device;

(d)

leaking or damaged packages, overpacks or freight containers shall not be loaded on to an aircraft;

(e)

where any package of dangerous goods loaded on an aircraft appears to be damaged or leaking, the operator shall remove such package from the aircraft, or arrange for its removal by an appropriate authority or organisation, and thereafter shall ensure that the remaining consignment is in a proper condition for transport by air and that no other package has been contaminated;

(f)

packages or over packs containing dangerous goods and freight containers containing radioactive materials shall be inspected for signs of damage or leakages upon unloading from the aircraft or unit load device; and

(g)

if evidence of damage or a leakage is found, the area where the dangerous goods or unit load device were stowed on the aircraft shall be inspected for damage or contamination.

28. Loading restrictions in passenger cabin or on flight deck
(1)

The dangerous goods shall not be carried in an aircraft cabin occupied by passengers or on the flight deck of an aircraft, except in circumstances permitted by the provisions of the Technical Instructions.

(2)

The operator shall ensure that dangerous goods are not carried in an aircraft cabin occupied by passengers or on the flight deck, unless otherwise specified in the Technical Instructions.

(3)

The operator shall ensure that dangerous goods loaded in aircraft cargo compartments, are protected from being damaged and secured in such a manner that prevents any movement in flight which would change the orientation of the packages and specifically for packages containing radioactive materials, the securing may be adequate to ensure the separation requirements.

(4)

The operator shall ensure that packages of dangerous goods bearing the "Cargo Aircraft Only" label is carried on a cargo aircraft and loaded as specified in the Technical Instructions or in such a manner that a crew member or other authorised person can see, handle and, where size and weight permit, separate such packages from other cargo.

29. Removal of contamination
(1)

Any hazardous contamination found on an aircraft because of a leakage or damage to dangerous goods packages shall be removed without delay.

(2)

An aircraft which has been contaminated by radioactive materials shall immediately be taken out of service and not returned to service until the radiation level at any accessible surface and the non-fixed contamination are not more than the values specified in the Technical Instructions.

30. Separation and segregation
(1)

The packages containing dangerous goods which might react dangerously with one another shall not be stowed on an aircraft next to each other or in a position that would allow interaction between them in the event of a leakage.

(2)

The packages of toxic and infectious substances shall be stowed on an aircraft in accordance with the provisions of the Technical Instructions.

(3)

The packages of radioactive materials shall be stowed on an aircraft so that the packages are separated from persons, live animals, and undeveloped film, in accordance with the provisions in the Technical Instructions.

31. Securing of dangerous goods cargo load Where dangerous goods that are

subject to the provisions contained in this regulation are loaded and secured in an aircraft, the operator shall protect the dangerous goods from being damaged and shall secure such goods in the aircraft in such a manner that will prevent any movement in flight which would change the orientation of the packages, and for packages containing radioactive materials, the securing shall be adequate to ensure that the separation requirements of regulation (3) are complied with.

32. Loading on cargo aircraft The packages

of dangerous goods bearing the "Cargo aircraft only" label shall be loaded in accordance with the provisions of the Technical Instructions.

33. Dangerous goods manual
(1)

A person, organisation or enterprise shall not engage in or offer to engage in aircraft operations involved in the safe transport of dangerous goods by air unless the Dangerous Goods Manual in use is approved by the authority. (2) Subject to subregulation (1), the Dangerous Goods Manual may be part of the operator's General Operations Manual or a standalone provided it is developed in accordance with the Schedule 2 to these Regulations.

(3)

An operator shall not make amendments or additions to the dangerous goods manual as per the changes in the Technical Instructions for the purpose of ensuring the safe transportation of dangerous goods by air unless he or she obtains approval from the authority.

Part V

34. Information to Pilot-In-Command An operator of

an aircraft in which dangerous goods are to be carried shall provide the Pilot-In-Command with written information as specified in the Technical Instructions as early as practicable before departure of the aircraft

35. Information and instructions to flight crew

members An operator shall provide information in the operations manual to enable the flight crew to carry out its responsibilities about the transport of dangerous goods and shall provide instructions for the action to be taken in the event of emergencies involving dangerous goods

36. Information to passengers

An operator shall ensure that passengers on an aircraft are warned about the carriage of dangerous goods forbidden from being transported in accordance with the Technical Instructions

37. Information to other persons An operator, shipper or other organisation involved in the transportation of dangerous goods by air shall provide such

information to their personnel to enable them to carry out their responsibilities about the transportation of dangerous goods and they shall provide instructions for the action to be taken in the event of emergencies arising involving dangerous goods

38. Information from Pilot-In-Command to aerodrome

authorities Where an in-flight emergency occurs, the Pilot-In-Command shall, as soon as the situation permits, inform the appropriate air traffic services unit, to pass information to aerodrome authorities, of any dangerous goods on board the aircraft, as provided for in the Technical Instructions.

Part VI

39. Establishment of training programmes
(1)

A shipper, operator or agency who handles or conducts operations in the transportation of dangerous goods by air shall establish, maintain, and conduct training programmes approved by the authority which shall enable the personnel of the operator to perform their duties. (2) The shipper, operator or agency shall ensure that the dangerous goods training programme is updated from time to time as provided in the Technical Instructions.

40. Initial dangerous goods training The initial

and recurrent dangerous goods training programmes shall be established and maintained by or on behalf of (a) shippers of dangerous goods, including packers and persons or organisations undertaking the responsibilities of the shipper; (b) the operator; (c) ground handling agencies which perform, on behalf of the operator, the act of accepting, handling, loading, unloading, transferring or other processing of cargo, mail or stores; (d) ground handling agencies located at an airport which perform, on behalf of the operator, the act of processing passengers; (e) agencies, not located at an airport, which perform on behalf of the operator, the acting of checking in passengers; (f) freight forwarders; (g) agencies engaged in the security screening of passengers and their baggage and or cargo, mail or stores; and (h) designated postal operators.

41. Approval of training programmes
(1)

The operator and service provider shall submit to the authority a dangerous goods training programme developed in accordance with the Technical Instructions for approval.

(2)

An operator that does not hold a permanent approval to carry dangerous goods shall ensure that-

(a)

staff who engage in general cargo handling have received training to carry out their duties in respect of dangerous goods which covers as a minimum, the areas identified in Column 1 of Table 1, to a depth sufficient to ensure that awareness is gained about the hazards associated with dangerous goods, how to identify such goods and what requests apply to the carriage of such goods by passengers; and

(b)

aircraft crew members, passengers handling staff, and security staff employed by the operator or handling agents who deal with the screening of passengers and their baggage, have received training, at a minimum, covering the areas identified in Column 1 of Table 2 to a depth sufficient to ensure that awareness is gained about the hazards associated with dangerous goods, how to identify them and what requirements apply to the carriage of such goods by passengers.

Table 1 Areas of Training Column 1 Column 2 General philosophy X X Packaging, marking and labelling X X Dangerous goods in passengers baggages X X Emergency procedures X X Note: 'X' indicates an area to be covered

(3)

An operator holding a specifc approval to carry dangerous goods shall ensure that-

(a)

staff who are engaged in the acceptance of dangerous goods have received training and are qualified to carry out their duties which covers as a minimum, the areas identified in Column 1 of Table 2 to a depth sufficient to ensure the staff can take decisions on the acceptance or refusal of dangerous goods offered for carriage by air.

(b)

staff who are engaged in ground handling, storage and loading of dangerous goods have received training to enable them to carry out their duties in respect of dangerous goods which covers as a minimum, the areas identified in Column 2 of Table 2 to a depth sufficient to ensure that awareness is gained about the hazards associated with dangerous goods, how to identify such goods and how to handle and load them; (c) staff who are engaged in general cargo handling have received training to enable them to carry out their duties in respect of dangerous goods which covers as a minimum, the areas identified in Column 3 of Table 2 to a depth sufficient to ensure that awareness is gained about the hazards associated with dangerous goods, how to identify such goods and how to handle and load them; and (d) flight crew members have received training which covers as a minimum, the areas identified in Column 4 of Table 2 to a depth sufficient to ensure that awareness is gained about the hazards associated with dangerous goods and how they may be carried on an aircraft. (4) All dangerous goods training programmes shall be subject to review and approval by the authority.

(5)

An operator shall ensure that- (a) all staff who require dangerous goods training receive recurrent training every 24 months; (b) the records of dangerous goods training are maintained for all staff trained in accordance with the provisions of these Regulations; and (c) the handling agent's staff are trained in accordance with the applicable columns of Table 1 or Table 2.

TABLE 2

Areas of Training Column 1 Column 2 Column 3 Column 4 Column 5

General philosophy X X X X X

Limitations on dangerous goods in the air transport X X X X

Classification and list X X X of dangerous goods General packing requirements and packing X instructions Packaging specifications X marking Package marking X X X X X and labelling Documentation from X the shipper Acceptance of dangerous goods, X including the use of a checklist Loading, restrictions on loading and X X X X segregation Inspections for damage or leakage X X and decontamination procedures Provision of infor- X X mation to the PIC X

Dangerous goods in X X X passengers' baggage

Emergency X X X X X procedures

Note: "X" indicates an area to be covered (6) The dangerous goods training programme for designated postal operators shall be approved by the authority of the State where the mail is accepted by the designated postal operator. (7) The dangerous goods functional flowchart competence based training and assessment is as specified in the Schedule 3 to these Regulations.

42. Training curriculum
(1)

Personnel shall be trained in the requirements commensurate with their responsibilities including- (a) function-specific training, which shall provide detailed training requirements applicable to the function for which that person is responsible; and (b) safety training, which shall cover the hazards presented by dangerous goods, safe handling, and emergency response procedures. (2) Personnel identified in the Columns 1-5 of Table 2 shall be trained or the training shall be verified prior to the person performing any duty specified in Table 1 and 2.

(3)

Recurrent training shall be provided every 24 months of previous training to ensure that knowledge is current. (4) Where, after the recurrent training is completed within the final three months of validity of the previous training, the period of validity shall extend from the month on which the recurrent training was completed within 24 months from the expiry of that previous training.

(5)

A test to verify understanding of the training shall be provided following training confirmation that the test has been completed satisfactorily as required.

(6)

A record of training shall be maintained which shall include- (a) the name of the person; (b) the most recent training completion month; (c) a description, copy or reference to training materials used to meet the training requirements; (d) the name and address of the organisation providing the training; and (e) evidence which shows that the test referred to in subregulation (5) has been completed satisfactorily.

(7)

Training records shall be retained by the employer for a minimum of thirty six months from the date of the most recent training completion month and shall be made available to the employee or authority upon request. (8) The subject matter relating to dangerous goods transport with which various job functions of the personnel may be familiar is indicated in Table 3. (9) The staff of the operators not carrying dangerous goods as cargo or mail shall be trained commensurate with their responsibilities, the subject matter to which their various categories of staff may be familiar with is indicated in Table 3. (10) The training organisation shall ensure that training proficiency is achieved through the following four levels detailed in Schedule 4 to these Regulations and applied to individual tasks involved in the function that the employee is assigned- (a) introductory (*): covers general knowledge or understanding of basic concepts and techniques;

(a)

basic (**): delivers competency that is sufficient for an individual to carry out simple work activities, most of it routine and predictable. Guidance or assistance from an expert may be required from time to time;

(a)

intermediate (***): comprises of complex or critical activities, in a non-routine context, which enables a person to work autonomously and solve problems without special assistance; and

(a)

advanced (****): covers complex technical and professional activities in a wide variety of contexts, which allows the personnel to provide advice. Dangerous goods training course instructors may have acquired this level of proficiency on the tasks or functions that they will instruct prior to delivering such course.

(11)

A test to verify understanding of the training shall be provided upon completion of the training.

(12)

The authority shall require confirmation that the test has been completed satisfactorily.

(13)

The operator shall maintain a record of training which includes-

(a)

the name of every individual that attended the training;

(b)

the most recent training completion month;

(c)

description copies or reference to training materials used and course content; and

(d)

the name and address of the organisation providing the training.

(14)

The training records shall be retained by the employer for a minimum of 36 months from the most recent training completion month and shall be made available upon request to the employee or authority.

(15)

The subject matter relating to dangerous goods transportation with which various job functions of personnel may be familiar is indicated in Table 2.

(16)

The staff of operators not carrying dangerous goods as cargo or mail shall be trained commensurate to their responsibilities, the subject matter to which the various categories of staff may be familiar with as indicated in Table 1.

TABLE 3-CONTENT OF TRAINING COURSES FOR STAFF OF DESIGNATED POSTAL OPERATORS

Designated postal Aspects of transport of dangerous operators goods by air with which they may be familiar, as a minimum Category A B C General philosophy X X X Limitations X X X General requirements for shippers X Classification X List of dangerous goods X General packing requirements X Packing instructions X Labelling and marking X X X Shipper's Declaration and other relevant X X documentation Acceptance of the dangerous goods X listed in 2.4

Recognition of undeclared dangerous X X X goods Storage and loading procedures X Provisions for passengers and crew X X X Emergency procedure X X X

KEY: JOB FUNCTION- STAFF OF DESIGNATED POSTAL OPERATORS (A) Staff of designated postal operators involved in accepting mail containing dangerous goods (B) Staff of designated postal operators involved in processing mail (other than dangerous goods) (C) Staff of designated postal operators involved in the handling, storage and loading of mail

43. Qualifications of instructors
(1)

Unless otherwise provided for by the authority, an instructor of the initial and recurrent dangerous goods training course shall have adequate instructional skills and should have successfully completed a dangerous goods instructional techniques course, prior to delivering a dangerous goods training.

(2)

The instructor delivering initial and recurrent dangerous goods courses shall have recurrent training in dangerous goods every 24 months in order to continue instructing.

(3)

For a person to qualify as an instructor for dangerous goods for both operators who carry or do not carry dangerous goods, he or she shall satisfy the following requirements- (a) he or she should have successfully completed an IATA Dangerous Goods Regulations initial and recurrent training; (b) he or she should have successfully completed a five day classroom training in IATA Instructional Techniques; and

(c)

he or she should have successfully completed a Competence Based Training and Assessment for Dangerous Goods Instructor's course. (4) A dangerous goods course instructor shall where required demonstrates his or her instructional skills to the authority.

(5)

An instructor of a dangerous goods course shall demonstrate the use of adapted competency model to diagnose the root cause of performance difficulties, the adapted competency model, particularly the performance criteria, shall help the instructor to analyse a trainee's performance and identify which competencies have not yet been fully mastered. (6) An instructor of a dangerous goods course shall demonstrate advanced proficiency level related to the functions he or she is dealing with according to the Level of Proficiency in Terms of Competency Factors.

(7)

A dangerous goods instructor trainee using Competency Based Training and Assessment Dangerous Goods Training shall undergo the following processes prior to qualifying to instruct- (a) observation: observe a course in the same function to be approved for, with a senior instructor to be qualified as a dangerous goods course instructor; (b) interaction: prepare a course in the same function to be approved with a senior instructor; and (c) lead: conduct, lead and establish a full training and assessment program for functions to be considered in his qualification.

(8)

In order to maintain competency a dangerous goods course instructor shall in every 24 months deliver six training courses as a minimum, the training conducted shall be in the function or category in which he or she has been authorised.

(9)

Subject to subregulation (8) a dangerous goods course instructor who fails to deliver a minimum of six courses in 24 months shall undergo recurrent competency-based training and assessment to regain his or her regency.

Part VII

44. Inspection systems
(1)

An operator, shipper or other entity shall grant unlimited, unrestricted, and unimpeded access to the authority of their facilities and any necessary documents for the purpose of inspection, surveillance and enforcement.

(2)

Subject to subregulation (1), the surveillance activities referred to shall include- (a) inspecting dangerous goods consignments prepared, offered, accepted, or transported by operators and other entities; (b) inspecting the practices of operators and other entities; (c) investigating alleged violations; and (d) other safety oversight functions relating to transportation of dangerous goods. (3) An operator, shipper or other organisation performing functions involving the safe transportation of dangerous goods by air shall comply with these Regulations and ICAO Technical Instructions while performing the dangerous goods functions.

(4)

An operator, shipper or other organisation performing functions involving the safe transportation of dangerous goods by air shall be liable to administrative and enforcement action for failure to comply with these Regulations and the Technical Instructions.

(5)

Where the information about a violation is received from another State, in case a consignment of dangerous goods is found in violation of the requirements of the Technical Instructions upon arrival in Uganda the provisions of these Regulations shall apply.

45. Foreign and domestic inspections
(1)

A foreign air operator who transports or wishes to transport dangerous goods in and out of Uganda shall have his or her Dangerous Goods Authorisation approved by the authority.

(2)

Where the authority deems it necessary, the approval process referred to in subregulation (1) shall include an inspection of the foreign air operator's facility which shall be conducted by the authority inspectors.

(3)

Notwithstanding the provisions of the Civil Aviation (Commercial Air Transport by Foreign Air Operator within Uganda) Regulations, 2022, the validation of this specific approval shall be renewable subject to the validity of the Foreign Air Operator Certificate.

(4)

A Ugandan Aircraft Operator Certificate holder who transports or wishes to transport dangerous goods shall go through the certification process prescribed by the authority and a specific approval for the carriage of dangerous goods shall be issued after a successful completion of the five phases dangerous goods certification process. (5) The authority shall issue any other entity involved in the carriage of dangerous goods with a dangerous goods approval following the completion of a five-phase certification process, the dangerous goods approval shall be valid for a specified period in the technical guidance material and shall be renewed following completion of inspection of the facility of the entity.

(6)

A scheduled or unscheduled inspection shall be performed on both Uganda and foreign registered aircraft as well as facility inspections of other entities, for continuous validity of the authorisation issued under these Regulations.

46. Cooperation between States
(1)

Uganda shall participate in cooperative efforts with other States concerning violations of regulations on dangerous goods, with the aim of eliminating the violations.

(2)

Areas of cooperation may include- (a) coordination of investigations and enforcement actions; (b) exchanging information on a regulated party's compliance history; and (c) joint inspections and other technical liaisons, exchange of technical staff, and joint meetings and conferences.

(3)

Subject to subregulation (2) (b) information that may be exchanged includes- (a) safety alerts; (b) bulletins or dangerous goods advisories; (c) proposed and completed regulatory actions; (d) incident reports; (e) documentary and other evidence developed in the investigation of incidents; (f) proposed and final enforcement actions; and (g) educational or outreach materials suitable for public dissemination.

47. Dangerous goods by mail
(1)

The procedures of designated postal operators for controlling the introduction of dangerous goods in mail into air transport shall be approved by the authority of the State where the mail is accepted.

(2)

In accordance with the Universal Postal Union Convention, dangerous goods are not permitted in mail, or their introduction into air transport through the postal service except as provided for in the Technical Instructions.

(3)

Guidance for approving the procedures established by designated postal operators to control the introduction of dangerous goods into air transport shall be as provided for in the Technical Instructions.

48. Dangerous goods accident and incident reporting
(1)

The procedures for investigating and compiling information concerning an accident and incident shall be in accordance with the Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2022.

49. Dangerous goods security provisions
(1)

A person shall not engage in the transportation of dangerous goods by air, unless the person establishes and implements measures to minimise theft or misuse of dangerous goods that endanger persons, property, or the environment.

(2)

Subject to subregulation (1), the security measures shall comply with the Civil Aviation (Security) Regulations, 2022 and the Technical Instructions.

50. First aid and emergency medical kit at warehouse
(1)

The ground handling agencies and operators shall have a separate and designated warehouse or area within the warehouse for dangerous goods storage and shall equip it with a first aid and emergency medical kit.

(2)

The ground handling agents and operators shall develop systems in mitigating occurrences as provided for in these Regulations or the ICAO document on Emergency Response Guidance for Aircraft Incidents Involving Dangerous Goods (Doc 9481).

(3)

The operator shall carry on board an aircraft transporting dangerous goods in and out of Uganda, the ICAO document on Emergency Response Guidance for Aircraft Incidents Involving Dangerous Goods (Doc 9481).

51. First aid kit
(1)

All dangerous goods warehouses shall be well equipped with first aid and emergency medical kits, the list of contents of the first aid boxes at the warehouses shall be displayed outside the box with the expiration date of the various items in the first aid box, the names of staff trained on how to administer first aid and contact information shall be pasted on all first aid boxes, fire extinguishers shall be placed at vantage points and dates on them shall be valid and employees at cargo warehouses shall be required to produce certificates of firefighting and first aid training upon request.

(2)

The dangerous goods posters, fire extinguishers signage, assembly point signage and relative dangerous goods signage shall be displayed at open places in the cargo warehouse.

52. First aid box contents All

first aid boxes shall contain among others, the following

(a)

disposable gloves; (b) tweezers; (c) haemostat; (d) bandages; (e) wet gauze; (f) pair of scissors; (g) cotton; (h) antiseptic cream; (i) eye wash; and (j) alcohol.

53. Helicopter operations
(1)

Where the provisions of these Regulations are not appropriate or necessary, due to the operations involving unmanned sites, remote locations, mountainous areas, or construction sites due to the difference in the type of operations carried out by helicopters compared with aeroplanes, and when appropriate, the authority may grant an approval to permit the carriage of dangerous goods without all the normal requirements of these Regulations being fulfilled and where States other than the State of the operator have notified ICAO that they require prior approval of such operations, approval shall be obtained from the State of Origin and destination, as appropriate.

(2)

When loading dangerous goods for open carriage by a helicopter, consideration shall be given to the type of packing used and for the protection of the packings, where necessary, from the effect of airflow and weather, in addition to the general loading provisions.

(3)

Where dangerous goods are carried suspended from a helicopter, the operator shall ensure that consideration is given to the dangers of static discharge upon landing or release of the load.

(4)

Where helicopters are carrying passengers, approval may be granted by the authority to permit carriage of dangerous goods in the cabin when those dangerous goods are associated with and accompanied by the passengers.

54. Transportation of radioactive materials
(1)

Radioactive Materials (Class 7) shall be classified under special arrangement.

(2)

The Atomic Energy Council shall develop recommended procedures for the safe transportation of radioactive materials. (3) For purposes of transporting radioactive materials, the operator shall seek prior approval from the Atomic Energy Council and a copy of the approval shall be presented to the authority. (4) An operator or agent transporting radioactive material shall apply for an approval from the authority in a format prescribed by the authority.

(5)

The authority shall review the application made under subregulation (4) and may grant an approval to the operator or agent to transport radioactive materials.

Part VIII

55. Application for exemptions
(1)

A person or operator may apply to the authority for an exemption from any provision of these Regulations.

(2)

A request for exemption shall be made in accordance with the requirements of these Regulations and an application for such exemption shall be submitted and processed in a manner prescribed in the applicable technical guidance material. (3) A request for an exemption shall contain the applicant's- (a) name; (b) physical address and mailing address; (c) telephone number; (d) fax number, where available; and (e) email address, where available.

(4)

The application shall be accompanied by a fee prescribed by the authority in the applicable aeronautical information circulars for technical evaluation.

56. Exemptions
(1)

The authority may, upon consideration of the circumstances of a particular operator with a specific approval to transport dangerous goods by air granted under these Regulations, issue an exemption providing relief from specified provisions of these Regulations, provided that-

(a)

the authority finds that the circumstances presented warrant the exemption; and

(b)

a level of safety shall be maintained equal to that provided by the Regulations from which the exemption is sought.

(2)

The exemption referred to in subregulation (1) may be terminated or amended at any time by the authority.

(3)

A person or operator who receives an exemption shall have a means of notifying the management and appropriate personnel performing functions subject to the exemption.

57. Inspection of certificates or specific approval

for dangerous goods A person who holds a certificate or specific approval for the transportation of dangerous goods required by these Regulations shall present the certificate for inspection upon a request from the authority or other person authorised by the authority.

58. Replacement of documents

A person may apply to the authority in the prescribed form for replacement of documents issued under these Regulations if such documents are lost or destroyed

59. Aircraft Operator Certificate suspension and revocation of

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

(2)

The authority may, upon the completion of an investigation and in the public interest, revoke, suspend, or vary any approval, exemption or such other document issued or granted under these Regulations. (3) The authority may, in the public interest, prevent any person or aircraft from flying.

(4)

A holder of an AOC or any person having the possession or custody of any approval, exemption or other document which has been revoked, suspended or varied under these Regulations shall surrender it to the authority within 14 days after being required to do so by the authority.

(5)

The breach of any condition subject to which any approval, exemption or any other document, has been granted or issued under these Regulations shall render the document invalid during the continuance of the breach.

60. Use and retention of documents and records
(1)

A person shall not-

(a)

use any approval, exemption or such other document issued or required by or under these Regulations which has been forged, altered, revoked, suspended, or to which he or she is not entitled;

(b)

forge or alter an approval, exemption or other document issued or required by or under these Regulations;

(c)

lend any approval, exemption or such other document issued or required by or under these Regulations to any other person; or

(d)

make any false representation for the purpose of procuring for himself or herself or any other person the grant, issue, renewal or variation of any such approval or exemption.

(2)

During the period for which it is required under these Regulations to be preserved, a person shall not mutilate, alter, render illegible or destroy any records required by or under these Regulations to be maintained, or knowingly make, or procure or assist in the making of, any false entry in any record, or wilfully omit to make a material entry in such a record.

(3)

All entries in records required to be maintained by or under these Regulations shall be made in a permanent and indelible ink.

(4)

A person shall not purport to issue any approvals, authorisations or exemptions under these Regulations unless he or she is authorised by the authority to do so.

(5)

A person shall not issue any approval, authorisation or exemption of the kind referred to in subregulation (4) unless he or she has satisfied himself or herself that all statements in the certificate are correct, and that the applicant is qualified to hold that certificate.

61. Report of violation
(1)

Any person who has information with regard to a violation of the Act or these Regulations, rule, or order issued by the authority shall report it to the authority.

(2)

The authority shall determine the nature and type of additional investigation or enforcement action that may be taken.

62. Enforcement of direction
(1)

The authority shall take enforcement action on any regulated entity that fails to comply with the provisions of these Regulations. (2) The inspectors of the authority holding valid delegations shall take necessary action to preserve safety where undesirable conditions have been detected.

(3)

The action referred to in subregulation (2) may include- (a) in the case of a regulated entity, imposition of operating restrictions until such a time where the existing and undesirable conditions have been resolved; or (b) in the case of a licenced personnel, require that an individual does not exercise the privileges of the licence until such a time that the undesirable condition has been resolved.

(4)

In carrying out the enforcement actions pursuant to the provisions of subregulation (2), the inspectors of the authority shall invoke the powers with due care and act in good faith in the interest of preserving safety.

63. Aeronautical user fees
(1)

The authority may notify the fees to be charged in connection with the issue, validation, renewal, extension or variation of any approval or other document, including the issue of a copy of the approval or other document, or the undergoing of any examination, test, inspection or investigation or the grant of any permission or approval, required by, or for the purpose of these Regulations any orders, notices or proclamations made under these Regulations. (2) Upon an application being made in connection with which a fee is chargeable in accordance with the provisions of subregulation (1), the applicant shall be required to pay the fees, before submitting the application. (3) Where after the payment in subregulation (2) has been made, and an application is withdrawn by the applicant, ceases to have effect or is rejected, the authority shall not refund the fees.

64. Application of Regulations to Government and visiting

forces (1) These Regulations shall apply to aircraft, not being military aircraft, belonging to or exclusively employed in the service of the Government, and for the purposes of such application, the department or other authority for the time being responsible for management of the aircraft shall be deemed to be the operator of the aircraft, and in the case of an aircraft belonging to the Government, to be the owner of the interest of the Government in the aircraft.

(2)

Except as otherwise expressly provided, the naval, military and air force authorities and members of any visiting force and property held or used for the purpose of such a force shall be exempt from the provisions of these Regulations to the same extent as if the visiting force formed part of the military force of Uganda.

65. Extra-territorial application of Regulations Except

where the context otherwise requires, the provisions of these Regulations shall (a) in so far as they apply, whether by express reference or otherwise, apply to aircraft registered in Uganda, apply to such aircraft wherever they may be;

(b)

in so far as they apply, whether by express reference or otherwise, to other aircraft, apply to such aircraft when they are within Uganda; (c) in so far as they prohibit, require, or regulate, whether by express reference or otherwise, the doing of anything by any person in, or by any of the crew of, any aircraft registered in Uganda, shall apply to such persons and crew, wherever they may be; and

(d)

in so far as they prohibit, require, or regulate, whether by express reference or otherwise, the doing of anything in relation to any aircraft registered in Uganda by other persons shall, where such persons are citizens of Uganda, apply to them wherever they may be.

Part IX

66. Contravention of Regulations

A person who contravenes any provision of these Regulations may have the licence, certificate, approval, authorisation, exemption, or such other document revoked or suspended

67. Offences and penalties
(1)

Where the provision of these Regulations, orders, notices or proclamations made under these Regulations is contravened in relation to an aircraft, the operator of that aircraft and the Pilot-In- Command, when the operator or, the Pilot-In-Command is not the person who contravened that provision the person shall, without prejudice to the liability of any other person under these Regulations for that contravention, be deemed for the purposes of the following provisions of this regulation to have contravened that provision unless he or she proves that the contravention occurred without his or her consent or connivance and that he or she exercised all due diligence to prevent the contravention. (2) Where it is proved that an act or omission of any person, which would otherwise have been a contravention by that person of a provision of these Regulations, orders, notices or proclamations made there under was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision.

(3)

Where a person is charged with contravening a provision of these Regulations, orders, notices or proclamations made there under by reason of his or her having been a member of the flight crew of an aircraft on a flight for the purpose of commercial air transport operations, the flight shall be treated, without prejudice to the liability of any other person under these Regulations, as not having been for that purpose where he or she proves that he or she neither knew nor had reason to know that the flight was for that purpose. (4) A person who contravenes any provision of these Regulations, is liable, on conviction, to a fine, and in the case of a continuing contravention, each day of the contravention shall constitute a separate offence.

(5)

Where an aircraft is involved in a contravention and the contravention is by the owner or operator of the aircraft, the aircraft shall be subject to a lien for the penalty.

(6)

Any aircraft subject to a lien for the purpose of subregulation (5) may be seized by and placed in the custody of the authority.

(7)

Subject to subregulation (6), the authority shall not seize an aircraft without the consent of the Attorney General.

(8)

The aircraft shall be released from custody of the authority upon- (a) payment of the penalty or the amount agreed upon in compromise; (b) deposit of a bond in such amount as the authority may prescribe in the applicable aeronautical information circular, conditioned upon payment of the penalty or the amount agreed upon in compromise; and (c) receiving an order of the court to that effect.

(9)

The authority and any person specifically authorised by name or any police officer not below the rank of inspector specifically authorised by name by the Minister, may compound offences under Part A of the Schedule 5 to these Regulations by assessing the contravention and requiring the person reasonably suspected of having committed the offence to pay to the authority a sum not exceeding one hundred currency points.

(10)

A person who contravenes any provisions specified as an "A" provision in Schedule 5 to these Regulations, commits an offence and on conviction, is liable, to a fine not exceeding fifty currency points for each offence or each flight or to imprisonment of a term not exceeding two years or both.

(11)

A person who contravenes any provisions specified as a "B" provision in Schedule 5 to these Regulations, commits an offence and is on conviction, liable, to a fine not exceeding one hundred currency points for each offence or each flight or to imprisonment for a term not exceeding four years, or both. (11) A person who contravenes any provisions of these Regulations not being a provision referred to in the Schedule 5 to these Regulations, commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points and in the case of a second or subsequent conviction for the same offence to a fine not exceeding two hundred currency points.

SCHEDULES

SCHEDULE 1

Regulation 3

CURRENCY POINT

A currency point is equivalent to twenty thousand shillings.

SCHEDULE 2

Regulation 33 DANGEROUS GOODS MANUAL

PARTICULARS OF A DANGEROUS GOODS MANUAL

1. FORMAT
(a)

The manual may be whole or in part in printed form, or other form acceptable to the authority. (b) The manual is required to be in a format which is easy to revise with clear and concise content. (c) The manual is required to comply with the provisions of these Regulations. (d) The manual covers all personnel responsible for transport of dangerous goods related job functions. (e) The manual may be maintained in paper format or electronic format. (f) The manual may be signed by the accountable executive.

2. CONTENTS OF THE DANGEROUS GOODS MANUAL

2.1 PART A: GENERAL (a) Title (b) Purpose (c) References (d) Definitions (e) Abbreviations (f) List of effective pages and revision pages (g) Corporate commitment statement (h) Base locations description of facilities, security for equipment, supplies and data (i) Scope of the manual

(j)

Amendment procedure of the manual (k) Basic description of operations personnel (l) Notification procedure to authority The details which may be included in relation to each item, or whether any particular item needs to be included at all, depends upon the Operator's policy in relation to carriage of dangerous goods.

2.2 PART B: DETAILS OF THE DANGEROUS GOODS MANUAL (a) Operator company policy statement.

(b)

The requirement for employees to comply with the instructions contained in the manual.

(c)

Instructions to employees covering the dangerous goods which may be carried on the operator's aircraft including where applicable- (i) dangerous goods not to be carried; (ii) dangerous goods of the operator; and (iii) dangerous goods carried on special operations (e.g., Search and rescue, air ambulance etc).

(d)

The authority permission related to the carriage of dangerous goods.

(e)

Identity of employees authorised to accept cargo of dangerous goods, and to approve carriage of passenger or crew carrying dangerous goods that require operator approval for carriage (may be expressed by name or title). Where this responsibility is contracted to a ground handling agent, a reference to that arrangement may be made.

(f)

Responsibilities for keeping the dangerous goods manual fully amended and up to date.

(g)

Procedures for accepting and of handling dangerous goods and the operators' acceptance checklist.

(h)

Storage and segregation before loading.

(i)

Aircraft loading procedures to ensure that "cargo aircraft only" packages are not loaded onto passenger aircraft.

(j)

Retention of dangerous goods documentation.

(k)

For dangerous goods carried on aircraft engaged in special operations such as search and rescue, air ambulance, forestry, horticultural or pollution control or where a humane killer for an animal is carried, stowage, handling and use on the aircraft in flight.

(l)

Actions to be taken in the event of accidental activation or spills of the dangerous goods on the aircraft in flight.

(m)

Dangerous goods carried by passengers and crew and dangerous goods which passengers are permitted to carry on board on their person or in their checked or carry-on baggage, including the procedures and responsibilities for obtaining and granting operator approval for those items that may only be carried with the approval of the operator.

(n)

Provision of information to passengers at passenger check-in points and ticketing areas.

(o)

Screening of passenger's carry-on baggage for dangerous goods in conjunction with the security screening check where the operator is also the Screening authority.

(p)

Disposal of dangerous goods surrendered by passengers at security screening (where the operator is the screening authority) and in flight.

(q)

Instructions related to company aircraft, aircraft hold diagrams and numbering system. (r) Specific instructions relating to stowage of radioactive materials, (transport index limits) dry ice and magnetised material on the operator's aircraft.

(s)

Procedures for reporting dangerous goods incidents including- (i) definition of a dangerous goods incident; (ii) responsibilities of individual employees to report; (iii) initial action; and (iv) follow-up action.

(t)

Precautions against hidden hazards in cargo consignments and passenger's baggage.

(u)

Common mis-declared items (may be based on experience).

(v)

Requirements for a consignor of cargo to make a signed statement of contents of the cargo and the document on which the statement may be made. (This may not be applicable to foreign operators carrying cargo originating outside Uganda).

(w)

Procedures for ensuring that the statement of contents from the consignor (original consignor or a freight forwarder) is received before the cargo is loaded onto the operator's aircraft.

(x)

Procedures for undeclared dangerous goods.

(y)

Provision of information to shippers and freight forwarders in areas where cargo is lodged with the operator.

(z)

Dangerous goods training and responsibilities for conduct of training and maintenance of dangerous goods training records.

3. PROCEDURES AND INFORMATION REQUIRED

operators are required to ensure the procedures and information contained in the manual are sufficient to assist personnel in identifying packages marked or labelled as containing dangerous goods, or show signs of containing undeclared dangerous goods, including- (a) procedures for rejecting packages that do not conform to the regulatory requirements for dangerous goods, or certificate holder's policies, where appropriate, or appear to contain undeclared dangerous goods;

(b)

procedures for reporting dangerous goods incidents, discrepancies and apparent violations as cargo, mail, COMAT, or carried by passengers;

(c)

a disclosure Reporting Program, as appropriate, as a minimum; and information regarding the operator's dangerous goods policies, including whether the certificate holder is authorised to carry, or prohibited from carrying, dangerous goods;

(d)

the operators' policy on carriage of dangerous goods will determine the extent and nature of instructions which the operator is required to issue to employees in the dangerous goods manual. For example, an operator who carries only those dangerous goods permitted by the regulations to be carried in passengers checked or carry-on baggage need only include in the manual relevant instructions to those employees responsible for activities associated with handling passengers' baggage. In those circumstances, the dangerous goods manual would also not need to be distributed more widely than to the employees to whom the instructions apply;

(e)

where an operator chooses to carry all dangerous goods permitted by these Regulations, more detailed instructions to employees would be appropriate;

(f)

where an operator need not include in the dangerous goods manual the technical detail which may be found in another manual such as the Technical Instructions and IATA Dangerous Goods Regulations; and

(g)

where formulating policy on the carriage of dangerous goods, operators may be aware that the authority may not issue Specific Approval under these Regulations for the carriage of a class of dangerous goods not covered in the operator's dangerous goods manual.

4. APPROVAL BY THE AUTHORITY

The manual requires the approval of the authority prior to implementation. The manual may clearly identify the person, with

responsibility and authority for ensuring that the authority is provided a copy of the manual, and for providing the authority all updates and revisions.

5. DANGEROUS GOODS MANUAL MANAGEMENT AND

INTERFACES

(a)

An operator may provide the dangerous Goods Manual separately or include it in the operator's Operations Manual. Where a decision is made to include the dangerous Goods Manual in the operations manual it is recommended that it be placed in an easily identified segment so that it may be readily located.

(b)

The manual may include a procedure for ensuring that only authorised dangerous goods documents are available.

(c)

The manual may include a procedure to prevent the use of obsolete dangerous goods documents and indicate the procedures needed to address system security to prevent inadvertent changes to the software manual.

(d)

Information contained in the dangerous goods manual may be readily accessible to all relevant company employees, including any ground handling agent who is acting for or on behalf of the operator.

5.1 Responsibility or authority Refer to other documents that identify or clearly delineate the accountable manager, by title or job description, who is responsible for the manual, and all management personnel with the authority to act on behalf of the accountable manager.

5.2 Revisions (a) Title or job description of the person responsible for revising and maintaining the manual shall be defined. (b) Develop procedures to ensure that only authorised personnel revise the manual.

(c)

Identify who, by title or job description, will be authorised to make revisions, and how that person is authorised to do so. (d) Explain how the certificate holder ensures that the manual is current. (e) Describe the process for making revisions; and (f) Explain how the revisions are identified, distributed, and promoted, throughout the certificate holder's transportation system.

5.3 Distribution, Availability or Publication Identify the process that verifies that the manual is distributed to all remote station users or dangerous goods personnel (including contract personnel acting on behalf of the certificate holder) who need it to perform their duties. Include in this process measures to ensure version control.

SCHEDULE 3 Regulation 41(7) DANGEROUS GOODS FUNCTIONS-PROCESS FLOWCHART

SCHEDULE 4 Regulation 42(10) DANGEROUS GOODS TASK LIST TEMPLATE Personnel responsible for processing or accepting Dangerous Goods Consignments

Processing/ Function: Personnel responsible for processing or accepting dangerous accepting goods consignments cargo 0 Understanding the basics of dangerous goods * 0.1 Recognising dangerous goods *

0.1.1 Understand the definition * Recognise the legal framework (global, local, training 0.1.2 * legal require- ments) 0.1.3 Identify the application scope * 0.2 Identifying the general limitations *

0.2.1 Develop a sense of potential hidden dangerous goods *

Recognise the difference between hidden vs unde- 0.2.2 * clared dangerous goods

Familiarised with passenger provisions vs cargo 0.2.3 * provisions in various situation (examples) 0.3 Positioning different roles and responsibilities * Clarify the individual and collective role of the sup- 0.3.1 * ply chain stake- holders 0.3.2 Understand the passenger's responsibilities * Recognised the role and impact of State & Operator 0.3.3 * variations 0.4 Understanding the criticality of classification & packaging *

0.4.1 Differentiate between hazard vs risk * Identify the general information about classes, divi- 0.4.2 * sions 0.4.3 Understand general principles of packing groups *

0.4.4 Consider multiple hazards *

0.5 Interpreting the hazard communication * 0.5.1 Recognise the different marking basic requirements * 0.5.2 Recognise the variety of labeling and their meaning * Identify the required documentation for DG ship- 0.5.3 * ments and their role in the process. 0.6 Familiarising with basic Emergency Response *

0.6.1 Create awareness about general emergency procedures * Understand the employer emergency response require- 0.6.2 * ments Processing/ Function: Personnel responsible for processing or accepting dangerous accepting goods consignments cargo 3 Processing/accepting cargo 3.1 Review documentation *** 3.1.1 Verify dangerous goods transport document *** 3.1.2 Verify other transport documents (e.g. air waybill) *** 3.1.3 Verify other documents (exemptions, approvals, etc.) *** 3.1.4 Verify State/operator variations *** 3.2 Review package(s) *** 3.2.1 Verify marks *** 3.2.2 Verify labels *** 3.2.3 Verify package type *** 3.2.4 Verify package conditions *** 3.2.5 Verify State/operator variations *** 3.3 Complete acceptance procedures *** 3.3.1 Complete acceptance checklist *** 3.3.2 Provide shipment information for load planning *** 3.3.3 Retain documents as required *** 7 Collecting safety data 7.1 Report dangerous goods accidents ** 7.2 Report dangerous goods incidents ** 7.3 Report undeclared/mis-declared dangerous goods ** 7.4 Report dangerous goods occurrences **

SCHEDULE 5

Regulation 67 OFFENCES AND PENALTIES

REG. TITLE PART NO. 4 Dangerous Good Technical Instructions B

5 Domestic Civil Aircraft Operations A

6 Dangerous Good Specific Approval A Notification of Variations from the Technical Instruc- 8 A tions 9 Surface Transport A

11 Classification of dangerous goods operator A

12 Dangerous goods permitted for transport by air A Dangerous goods forbidden for transport by air un- 13 A less exempted Dangerous goods forbidden for transport by air under 14 B any circumstances 15 Packing general requirements A

16 Packaging B

17 Labels A

18 Markings A

19 Languages to be used for markings B

20 General requirements for markings B

21 Dangerous goods transport documents B

22 Language to be used for dangerous goods document B

23 Safety Management System A

24 Acceptance for Transport A

25 Acceptance checklist A

26 Loading and stowage B

27 Inspection for damage or leakages A Loading restriction in passenger cabin or on flight 28 A deck 29 Removal of contamination A

30 Separation and Segregation A

31 Securing of dangerous goods cargo load A

32 Loading on cargo aircraft A

33 Dangerous goods manual B

34 Information to Pilot-in-command B

35 Information and Instruction to flight crewmember A

36 Information to Passengers A

37 Information to other persons A

39 Establishment of Training Programmes A

40 Initial dangerous good training B

41 Approval of training programme B

42 Training Curriculum B

43 Qualifications of instructors A

44 Inspection System A

44 Foreign and domestic Inspections A

46 Corporation between States A

48 Dangerous goods by mail A

49 Dangerous goods accident and incident reporting B

50 Dangerous goods security provisions A

51 First aid kit and emergency medical kit at warehouse B

52 First Aid Kit A

53 First aid box contents A

54 Helicopter operations A

55 Transportation of radioactive materials B Inspection of certificates or specific approvals for 58 A dangerous goods 62 Drug and alcohol testing and reporting B

64 Use and retention of documents and records A

Cross References Civil Aviation (Commercial Air Transport by Foreign Air Operator within Uganda) Regulations, 2022, S.I. No. 81 of 2022 Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2022, S.I. No. 66 of 2022 Civil Aviation (Security) Regulations, 2022, S.I. No. 92 of 2022

GEN. EDWARD KATUMBA WAMALA (MP) Minister for Works and Transport.

STATUTORY INSTRUMENTS SUPPLEMENT No. 34 12th August, 2022

STATUTORY INSTRUMENTS SUPPLEMENT to The Uganda Gazette No. 50, Volume CXV, dated 12th June, 2022 Printed by UPPC, Entebbe, by Order of the Government.

S T A T U T O R Y I N S T R U M E N T S

2022 No. 67.

THE CIVIL AVIATION (AERIAL WORK) REGULATIONS, 2022

ARRANGEMENT OF REGULATIONS

Part I

1. Title

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2. Application

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3. Interpretation

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Part II

4. General requirements

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5. Agriculture Aircraft Operator Certificate

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6. Amendment of Agricultural Aircraft Operator Certificate

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7. Agricultural Aircraft Operator Certificate requirements

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8. Validity and renewal of Agricultural Aircraft

Operator Certificate

9. Drug trafficking

Operating Rules and Related Requirements

10. Application of operating rules and related requirements

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11. Requirement to carry and display certificates

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12. Limitations on private agricultural aircraft operator

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13. Manner of dispensing

Regulation

14. Economic poison dispensing

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15. Personnel

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16. Fastening of safety belts and harnesses

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17. Operations in controlled airspace designated for airport

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18. Deviation from airport traffic pattern

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19. Operation over areas other than congested areas

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20. Operation over congested areas

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21. Operation over congested areas by Pilot-In-Command

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22. Business name

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23. Access for inspection

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24. Commercial agricultural aircraft operator records

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25. Termination of operations

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Part III

26. Application of certification rules

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27. Rotorcraft external-load operator certificate

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28. Validity and renewal of rotorcraft external

load operator certificate

29. Issue of a rotorcraft external load operator certificate

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30. Rotorcraft

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31. Personnel

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32. Knowledge and skill

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33. Amendment of rotorcraft external-load certificate

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34. Availability, display and surrender of rotorcraft

external-load certificate Operating Rules and Related Requirements

35. Emergency operations

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36. Operating rules

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37. Carriage of persons

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38. Crew member training, currency and testing requirements

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39. Access for inspection

Airworthiness Requirements

40. Flight characteristics requirements

Regulation

41. Structures and design

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42. Operating limitations

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43. Rotorcraft external-load combination operating manual

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44. Markings and placards

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Part IV

45. Application

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46. Towing glider

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47. Experience and training requirements

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48. Towing, picking up and raising of person, animal or article

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49. Towing operating rules

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50. Dropping of animal or article

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51. Dropping of persons

Banner Towing Operation

52. Requirement for authorisation

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53. Aircraft requirements

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54. Experience and training requirements

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55. Operating rules

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Part VIII

85. Revocation of S.I. No. 57 of 2006 and savings

SCHEDULES

SCHEDULE 1-CURRENCY POINT SCHEDULE 2-OFFENCES AND PENALTIES

S T A T U T O R Y I N S T R U M E N T S

2022 No. 67.

The Civil Aviation (Aerial Work) Regulations, 2022 (Under sections 34 (2) and 61 of the Civil Aviation Authority Act, Cap. 354)

IN EXERCISE of the powers conferred upon the Minister by sections 34 (2) and 61 of the Civil Aviation Authority Act, and on recommendation of the Uganda Civil Aviation Authority, these Regulations are made this 11th day of July, 2022.

Part II

4. General requirements
(1)

This Part applies to-

(a)

an agricultural aircraft operation within Uganda; and (b) the issue of commercial and private agricultural aircraft operator certificates for those operations.

(2)

A person conducting an agricultural aircraft operation may in a public emergency, to the extent necessary, deviate from these Regulations in order to perform relief and welfare activities approved by the authority.

(3)

A person who deviates from these Regulations shall, within 14 days after the deviation, send to the authority a complete report of the aircraft operation involved, including a description of the operation and the reasons for it.

5. Agriculture Air Operator Certificate
(1)

A person who intends to conduct an agricultural aircraft operation shall apply to the authority for an Agriculture Aircraft Operator Certificate in the manner prescribed by the authority.

(2)

Except as provided in subregulation (2) and (3), a person shall not conduct an agricultural aircraft operation without or in violation of an Agricultural Aircraft Operator Certificate issued under these Regulations. (3) An operator may conduct an agricultural aircraft operation using a rotorcraft with external dispensing equipment in place without a rotorcraft external-load operator certificate referred to in Part III of these Regulations. (4) A holder of a rotorcraft external-load operator certificate conducting an agricultural aircraft operation, involving only the dispensing of water on forest fires by rotorcraft external-load means, and a Government entity conducting agricultural aircraft operations with public aircraft do not need to comply with these Regulations.

6. Amendment of Agricultural Aircraft Operator Certificate
(1)

The authority may amend an Agricultural Aircraft Operator Certificate- (a) on the authority's own initiative under the applicable laws and regulations; or (b) upon application by the holder of the Agricultural Aircraft Operator Certificate.

(2)

A holder of an Agricultural Aircraft Operator Certificate shall apply to the authority for an amendment of the Agricultural Aircraft Operator Certificate in a form prescribed by the authority.

(3)

An applicant for an amendment under this regulation shall file the application to amend an Agricultural Aircraft Operator Certificate at least thirty days before the date that it proposes the amendment shall become effective, unless the authority approves a shorter filing period.

(4)

The authority may grant an application to amend an Agricultural Aircraft Operator Certificate where the authority determines that it is in interest of flight safety or in public interest.

7. Agricultural Aircraft Operator Certificate requirements
(1)

Except as provided under subregulation (2)- (a) the authority may issue a private Agricultural Aircraft Operator Certificate if an applicant meets the requirements of this Part for that certificate; (b) the authority may issue a commercial Agricultural Aircraft Operator Certificate to an applicant if the applicant meets the requirements of this Part for the certificate; and

(c)

an applicant for a commercial Agricultural Aircraft Operator Certificate with a prohibition against the dispensing of economic poisons shall not be required to demonstrate knowledge specific to economic poisons. (2) An applicant for a private Agricultural Aircraft Operator Certificate shall- (a) engage the services of a pilot who holds a current Private Pilot Licence (PPL), Commercial Pilot Licence (CPL) or Airline Transport Pilot Licence (ATPL); (b) be appropriately rated on the aircraft to be used; and (c) not conduct an operation for hire or reward.

(3)

An application for commercial Agricultural Aircraft Operator Certificate shall- (a) have available the services of at least one pilot who holds a current Commercial Pilot Licence or Airline Transport Pilot Licence issued by the authority and who is properly rated for the aircraft to be used; and (b) possess an air service licence issued under the Civil Aviation (Licensing of Air Services) Regulations, 2001.

(4)

An applicant for a private or commercial Agricultural Aircraft Operator Certificate shall have one or more certified and airworthy aircraft, equipped for agricultural aircract operation. (5) An applicant under this regulation or the applicant's designated chief supervisor of agricultural aircraft operations shall meet the knowledge and skill in the following agricultural aircraft operations- (a) steps to be taken before starting operations, including a survey of the area to be worked; (b) safe handling of economic poisons and the proper disposal of used containers of poisons;

(c)

the general effects of the economic poisons and agricultural chemicals on plants, animals and humans; (d) the precautions to be observed in using poisons and chemicals; (e) the primary symptoms of poisoning of humans from economic poisons; (f) the appropriate emergency measures to be taken and the location of poison control centre; (g) the performance capabilities and operating limitations of the aircraft to be used; (h) the safe flight and application procedures; and (i) the skill in the following manoeuvres, demonstrated at the aircraft's maximum certified take-off mass or the maximum mass established for the special purpose load, whichever is greater of- (i) short-field and soft-field takeoffs for aeroplanes and gyroplanes only; (ii) approaches to the working area; (iii) flare-outs; (iv) swath runs; (v) pullups and turnarounds; and (vi) rapid deceleration (quick stops) in helicopters only.

8. Validity and renewal of Agricultural Aircraft Operator

Certificate (1) An Agricultural Aircraft Operator Certificate shall be valid for a period of twelve 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 terminates the Agricultural Aircraft Operator Certificate;

(c)

the holder of the Agricultural Aircraft Operator Certificate surrenders the certificate to the authority; or

(d)

the holder of the Agricultural Aircraft Operator Certificate holder suspends operations for more than one hundred eighty continuous days.

(2)

The holder of an Agricultural Aircraft Operator Certificate that is suspended or revoked shall return the certificate to the authority.

(3)

A holder of an Agricultural Aircraft Operator Certificate who wishes to renew an Agricultural Aircraft Operator Certificate shall apply to the authority in a form prescribed by the authority at least sixty days before the Agricultural Aircraft Operator Certificate expires.

(4)

Where an applicatin for renewal of an Agricultural Aircraft Operator Certificate is made after the expiry of an Agricultural Aircraft Operator Certificate, the applicant shall make a fresh application.

9. Drug trafficking

The authority shall suspend or revoke an Agricultural Aircraft Operator Certificate issued under these Regulations, where the holder of the Agricultural Aircraft Operator Certificate permits an aircraft owned or leased by the holder of the Agricultural Aircraft Operator Certificate to be engaged in an operation that the holder of the Agricultural Aircraft Operator Certificate knows to be in violation of any laws of Uganda pertaining to drug trafficking.

Operating rules and related requirements

10. Application of operating rules and related requirements
(1)

Except as provided in subregulation (3), the operating rules and requirements under this Part applies- (a) to a holder of an Agricultural Aircraft Operator Certificate who conducts agricultural aircraft operations; and (b) to an aircraft used in the conduct of agricultural aircraft operations under this Part.

(2)

A holder of an Agricultural Aircraft Operator Certificate may deviate from the provisions of the Civil Aviation (Air Operator Certification and Administration) Regulations, 2022 and the Civil Aviation (Rules of the Air) Regulations, 2020 without obtaining an exemption when conducting aerial work operations related to agriculture, horticulture or forest preservation in accordance with the operating rules and requirements under this Part. (3) The operating rules and requirements under this Part, shall apply to a holder of a rotorcraft external-load operator certificate conducting agricultural aircraft operations involving only the dispensing of water on forest fires by rotorcraft external-load means.

11. Requirement to carry and display certificates
(1)

A holder of an Agricultural Aircraft Operator Certificate shall not operate an agricultural aircraft unless he or she has the following certificates on the aircraft- (a) a copy of an Agricultural Aircraft Operator Certificate; (b) a copy of the certificate of registration; and (c) a copy of the certificate of airworthiness.

(2)

A holder of an Agricultural Aircraft Operator Certificate shall display the Agricultural Aircraft Operator Certificate at the home base of operations, to the public at all times and shall present the certificate for inspection on the request of the authority or person authorised by the authority.

(3)

Where a holder of an Agricultural Aircraft Operator Certificate does not have the documents specified in subregulation (1) in the aircraft, he or she shall have them available for inspection at the base from which the dispensing operation is conducted.

12. Limitations on private agricultural aircraft operator

A holder of a private Agricultural Aircraft Operator Certificate shall not conduct an agricultural aircraft operation (a) for compensation or hire; (b) over a congested area; or (c) over any property unless the person is the owner or lessee of the property, or has ownership or other property interest in the crop located on that property.

13. Manner of dispensing

A person shall not dispense or cause to be dispensed any material or substance in a manner that creates a hazard to a person, or to property on the surface

14. Economic poison dispensing
(1)

Except as provided in subregulation (2), a person shall not dispense or cause to be dispensed from an aircraft registered in Uganda, economic poison under the Agricultural Chemicals (Control) Act, 2007- (a) for a use other than for which it is registered; (b) contrary to any safety instructions or use limitations on its label; or (c) in violation of any laws of Uganda.

(2)

This regulation shall not apply to a person dispensing economic poisons for experimental purposes under- (a) the supervision of a Uganda agency authorised by law to conduct research in the field of economic poisons; or (b) the relevant authority.

15. Personnel
(1)

A holder of an Agricultural Aircraft Operator Certificate shall ensure that a person employed under the holder of an Agricultural Aircraft Operator Certificate is informed of his or her duties and responsibilities for the agricultural aircraft operation.

(2)

A person shall not supervise an agricultural aircraft operation unless he or she meets the knowledge and skill requirements specified under this Part.

(3)

A person shall not act as a Pilot-In-Command of an aircraft operated under this Part unless he or she-

(a)

holds a pilot licence and rating as specified in regulation 7 (2) as appropriate to the type of operation conducted; and

(b)

has demonstrated to the holder of the Agricultural Aircraft Operator Certificate conducting the agricultural aircraft operation or to a supervisor designated by the holder of the Agricultural Aircraft Operator Certificate, that he or she possesses the knowledge and skill requirements of this Part.

16. Fastening of safety belts and harnesses

A person shall not operate an aircraft under this Part, without a safety belt and shoulder harness properly secured about him or her, except that the shoulder harness shall not need to be fastened if he or she would not be able to perform the required duties with the shoulder harness fastened

17. Operations in controlled airspace designated for airport
(1)

Except for flights to and from a dispensing area, a person shall not operate an aircraft within the lateral boundaries of the surface area of class D airspace designated for an aerodrome unless authorisation for that operation has been obtained from the Air Traffic Control facility having jurisdiction over that area.

(2)

A person shall not operate an aircraft in weather conditions below visual flight rules minima within the lateral boundaries of a Class E airspace area that extends upward from the surface unless authorisation for the operation has been obtained from the Air Traffic Control facility having jurisdiction over that area.

18. Deviation from airport traffic pattern
(1)

A Pilot-In-Command of an aircraft under thisPart may deviate from an airport traffic pattern where he or she is authorised by the air control tower concerned.

(2)

A Pilot-In-Command of an aircraft under this Part may deviate from a traffic pattern where an aerodrome without a functioning control tower-

(a)

has made prior coordination with the aerodrome management concerned;

(b)

has deviations limited to the agricultural aircraft operation;

(c)

except in an emergency, landing and takeoffs are not made on ramps, taxiways or other areas of the airport not intended for such use; and

(d)

the aircraft at all times remains clear of and gives way to, an aircraft conforming to the traffic pattern for the airport.

19. Operation over areas other than congested areas

Notwithstanding the requirements of the Civil Aviation (Rules of the Air) Regulations, 2020 and Civil Aviation (Air Traffic Services) Regulations, 2022, the holder of a certificate may conduct dispensing operations, including approaches, departures and turnarounds reasonably necessary for the operation, below five hundred feet above the surface and closer than five hundred feet to a person, vessel, vehicle or structure, where the operations are conducted without creating a hazard to a person, or to property on the surface.

20. Operation over congested areas
(1)

A person shall not operate an aircraft over a congested area at an altitude required for the proper accomplishment of the agricultural aircraft operation where that operation is not conducted-

(a)

with the maximum safety to a person, and to property on the surface, consistent with the operation; and

(b)

in accordance with the requirements of subregulation (2).

(2)

A person shall not operate an aircraft over a congested area unless he or she-

(a)

has obtained prior written approval from the authority and other relevant authorities having jurisdiction over that area; and

(b)

has issued a notice of the intended operation to the public as prescribed by the authority;

(3)

A person operating an aircraft over a congested area shall submit a plan for each complete operation, to the authority for approval which shall include-

(a)

consideration of obstructions to flight;

(b)

the emergency landing capabilities of the aircraft to be used; and

(c)

any necessary coordination with air traffic control.

(4)

A person operating single engine aircraft shall not-

(a)

except for helicopters, take off a loaded aircraft or make a turn-around over a congested area;

(b)

operate the aircraft over a congested area below an altitude prescribed in the Civil Aviation (Rules of the Air) Regulations, 2020 and Civil Aviation (Air Traffic Services) Regulations, 2022 except during the actual approaches and departures necessary for that operation; or (c) operate an aircraft over a congested area during the actual dispensing operation, including the approaches and departures for that operation, unless the aircraft is operated in a pattern and at an altitude that the aircraft can land, in an emergency, without endangering persons or property on the surface.

(5)

A person operating a multiengine aircraft shall not- (a) take-off a multiengine aircraft over a congested area except under conditions that will allow the aircraft to be brought to a safe stop within the effective length of the runway from any point on takeoff up to the time of attaining, with all engines operating at normal takeoff power, one hundred and five percent of the minimum control speed with the critical engine inoperative in the takeoff configuration or one hundred fifteen percent of the power-off stall speed in the take-off configuration, whichever is greater, as shown by the accelerate stop distance data, provided that, the takeoff data is based upon still-air conditions, and no correction is made for any uphill gradient of one percent or less when the percentage is measured as the difference between elevation at the end points of the runway divided by the total length and for uphill gradients greater than one percent, the effective takeoff length of the runway is reduced twenty percent for each one-percent grade; (b) operate the multiengine aircraft at a weight greater than the weight that, with the critical engine inoperative, would permit a rate of climb of at least fifty feet per minute at an altitude of at least one thousand feet above the elevation of the highest ground or obstruction with the area to be worked on or at an altitude of fifty feet, whichever is higher, provided that the propeller of the inoperative engine is in the minimum drag position, that the wing flaps and landing gear are in the most favourable positions and that the remaining engine or engines are operating at the maximum continuous power available; or

(c)

operate the multiengine aircraft over a congested area below the altitudes prescribed in the Civil Aviation (Rules of the Air) Regulations, 2020 and Civil Aviation (Air Traffic Services) Regulations, 2022, except during the actual dispensing operation, including the approaches, departures and turnarounds necessary for that operation.

(6)

A holder of an Agricultural Aircraft Operator Certificate shall issue notice of the intended operation to the public in a manner prescribed by the authority.

21. Operation over congested areas by Pilot-In-Command
(1)

A person who intends to operate an aircraft over a congested area shall ensure that the Pilot-In-Command of the aircraft has at least-

(a)

twenty five hours of Pilot-In-Command flight time in the make and basic model of the aircraft, at least ten hours of which shall have been acquired within the preceding twelve calendar months; and

(b)

one hundred hours of flight experience as Pilot-In- Command in dispensing agricultural materials or chemicals.

(2)

A person shall not operate an aircraft over a congested area unless the aircraft- (a) has within the preceding one hundred hours of time in service had a one hundred-hour or annual inspection by a person authorised by the authority as prescribed under the Civil Aviation (Airworthiness of Aircraft) Regulations, 2022 or has been inspected under a progressive inspection system;

(b)

is a large or turbine-powered multi-engine aircraft of Ugandan registry, which has been inspected in accordance with the applicable inspection programme requirements of the Civil Aviation (Airworthiness of Aircraft) Regulations, 2022;

(c)

not being a helicopter, is equipped with a device capable of jettisoning at least one-half of the aircraft's maximum authorised load of agricultural material within forty five seconds; and

(d)

is equipped with a device for releasing the tank or hopper as a unit, and has the means to prevent inadvertent release by the pilot or other crew member.

22. Business name of Agricultural Aircraft Operator A commercial Agricultural Aircraft Operator shall operate under a business name shown

on the Agricultural Aircraft Operator Certificate

23. Access for inspection A holder of an Agricultural Aircraft Operator Certificate shall allow

the authority at any time and place to make inspections, including on the job inspections, to determine compliance with applicable regulations and the requirements of the Agricultural Aircraft Operator Certificate

24. Commercial Agricultural Aircraft Operator records
(1)

A holder of a commercial Agricultural Aircraft Operator Certificate shall maintain and keep current, at the home base designated in its application, the following records-

(a)

the name and address of a person for whom agricultural aircraft operator services were provided;

(b)

the date of the service;

(c)

the name and quantity of the material dispensed for each operation conducted;

(d)

the name, address, and certificate number of a pilot employed in agricultural aircraft operations; and

(e)

the date that pilot met the knowledge and skill requirements of these Regulations.

(2)

A holder of an Agricultural Aircraft Operator Certificate shall keep the records under this regulation for at least 24 months, and shall make the records available for inspection by the authority, upon request.

25. Termination of operations

Where a holder of an Agricultural Aircraft Operator Certificate ceases operations under this Part, the holder of an Agricultural Aircraft Operator Certificate shall surrender the certificate to the authority

Part III

26. Application of certification rules

This Part does not apply to (a) a rotorcraft manufacturer when developing external-load attaching means; (b) rotorcraft manufacturers demonstrating compliance of equipment utilised under the Part;

(c)

operations conducted by a person demonstrating compliance for the issuance of a certificate or authorisation under this Part;

(d)

training flights conducted in preparation for demonstration of compliance with this Part; or

(e)

a local or national government conducting operations with State aircraft.

27. Rotorcraft External-load Operator Certificate
(1)

A person who intends to conduct a rotorcraft external-load operation within Uganda shall apply to the authority for rotorcraft external-load operator certificate in the form prescribed by the authority.

(2)

A person shall not conduct a rotorcraft external-load operation within Uganda without or in violation of the terms of a rotorcraft external-load operator certificate issued by the authority.

(3)

A holder of a Rotorcraft External-load Operator Certificate shall not conduct rotorcraft external-load operation under a business name that is not shown on the certificate.

28. Validity and renewal of Rotorcraft External-load Operator

Certificate (1) A Rotorcraft External-load Operator Certificate shall be valid for a period of twelve months from the date of issue or renewal unless the Rotorcraft External-load Operator Certificate has been surrendered, suspended or revoked.

(2)

The holder of a Rotorcraft External-load Operator Certificate that is suspended or revoked shall return the Rotorcraft External-load Operator Certificate to the authority within fourteen days of the suspension or revocation.

(3)

An application for renewal of a Rotorcraft External-load Operator Certificate shall be made in a form prescribed by the authority within sixty days before the certificate expires. (4) An applicant for a Rotorcraft External-load Operator Certificate which has expired shall make a fresh application.

29. Issue of a Rotorcraft External-load Operator Certificate

The authority shall issue a Rotorcraft External-load Operator Certificate to an applicant who complies with the requirements of this Part, with an authorisation for the applicant to operate a specified rotorcraft within those classes of rotorcraft load combinations for which the applicant qualifies

30. Rotorcraft
(1)

An applicant for a Rotorcraft External-load Operator Certificate shall have the exclusive use of at least one rotorcraft which- (a) is type certificated and meets the requirements of these Regulations; (b) complies with the certification provisions that apply to external load combinations for which authorisation is requested; and (c) has a valid certificate of airworthiness. (2) For the purposes of subregulation (1), a person has exclusive use of a rotorcraft where the person has the sole possession, control and use of the rotorcraft for flight, as owner or has a written agreement, including arrangements for the performance of required maintenance, giving him or her that possession, control and use.

31. Personnel
(1)

An applicant for a Rotorcraft External-load Operator Certificate shall hold, or have available the services of at least one person with a current Commercial Pilot Licence or Airline Transport Pilot Licence, with a rating appropriate for the rotorcraft to be used, issued by the authority.

(2)

An applicant under this regulation shall designate one pilot, who may be the applicant, as chief pilot for rotorcraft externalload operations.

(3)

An applicant shall designate a qualified pilot as chief pilot, where the chief pilot is not readily available.

(4)

A chief pilot designated under subregulation (3) shall be acceptable to the authority and shall hold a current Commercial Pilot Licence or Airline Transport Pilot Licence, with a rating appropriate for the rotorcraft to be used.

(5)

The holder of a Rotorcraft External-load Operator Certificate shall report any change in designation of the chief pilot immediately to the authority.

(6)

A newly designated chief pilot shall comply with the knowledge and skill requirements under this Part within thirty days or the operator shall not conduct further operations under the Rotorcraft External-load Operator Certificate except where the operator is authorised by the authority to do so.

32. Knowledge and skill
(1)

Except as provided in subregulation (4), an applicant for a certificate or the chief pilot designated in accordance with regulation 31(2) shall demonstrate to the authority satisfactory knowledge and skill regarding rotorcraft external-load operations as set out in subregulations (2) and (3).

(2)

The applicant or a chief pilot under subregulation (1) shall take a test of knowledge covering the following subjects-

(a)

steps to be taken before starting an operation, including a survey of the flight area;

(b)

proper method of loading, rigging and attaching the external load;

(c)

performance capabilities under approved operating procedures and limitations of the rotorcraft to be used;

(d)

proper instructions of flight crew and ground workers;

(e)

appropriate rotorcraft-load combination flight manual;

(f)

a skill test which requires appropriate manoeuvres for each class requested, and the appropriate manoeuvres for each load class shall be demonstrated in the rotorcraft under this Part including-

(i)

take-offs and landings; (ii) demonstration of directional control while hovering; (iii) acceleration from a hover; (iv) flight at operational airspeeds; and (v) approaches to landing or working area; (f) manoeuvering the external load into the release position; and (g) demonstration of winch operation if it is installed to hoist the external load.

(3)

Compliance with subregulations (1) and (2) need not be shown if the authority finds, on the basis of the applicant's or his or her designated chief pilot's previous experience and safety record in rotorcraft external load operations, that his or her knowledge and skill are adequate.

33. Amendment of Rotorcraft External-load Operator

Certificate (1) A holder of a Rotorcraft External-load Operator Certificate may apply to the authority for an amendment of the rotorcraft external-load certificate, to add or delete a rotorcraft-load combination authorisation.

(2)

The holder of a Rotorcraft External-load Operator Certificate may apply for an amendment to add or delete a rotorcraft authorisation by submitting to the authority a new list of rotorcraft, national and registration marks, with the classes of rotorcraft-load combinations for which authorisation is requested.

34. Availability, display and surrender of Rotorcraft External

load Operator Certificate (1) A holder of a Rotorcraft External-load Operator Certificate shall display and keep the Rotorcraft External-load Operator Certificate and a list of authorised rotorcraft at the home base of operations, and shall make the list of authorised rotorcraft available for inspection to the authority, upon request.

(2)

A person conducting a rotorcraft external-load operation shall carry a copy of the Rotorcraft External-load Operator Certificate, certified by the authority in each rotorcraft used in the operation.

(3)

Where the authority suspends or revokes a Rotorcraft External-load Operator Certificate, the holder of that certificate shall return the Rotorcraft External-load Operator Certificate to the authority within 14 days of the suspension or revocation.

(4)

A holder of Rotorcraft External-load Operator Certificate shall return the Rotorcraft External-load Operator Certificate to the authority where the holder of Rotorcraft External-load Operator Certificate discontinues operations under the Rotorcraft Externalload Operator Certificate and does not resume operations within six months. Operating Rules and Related Requirements

35. Emergency operations
(1)

In an emergency involving the safety of persons or property, the Rotorcraft External-load Operator Certificate holder may deviate from the provisions of these Regulations to the extent required to meet that emergency.

(2)

A person who, in an emergency deviates from the requirements of these Regulations, shall notify the authority within ten days after the deviation.

(3)

A person who deviates from the requirement of these Regulations, shall provide the authority with a complete report of the aircraft operation involved including a description of the deviation and reasons for the deviation, upon request by the authority.

36. Operating rules
(1)

A person shall not conduct a rotorcraft external-load operation without, or contrary to, the rotorcraft external-load combination operating manual prescribed in regulation 43.

(2)

A person shall not conduct a rotorcraft external load operation unless-

(a)

the rotorcraft complies with the provisions of this Part; and

(b)

the rotorcraft load combination is authorised under the Rotorcraft External-load Operator Certificate.

(3)

A person shall conduct, in a manner that does not endanger persons or property on the surface, the following flight operational checks as the authority determines are appropriate to the rotorcraftload combination before he or she operates a rotorcraft with an external-load configuration that differs substantially from an externalload configuration he or she has previously carried with that type of rotorcraft, whether or not the rotorcraft-load combination is of the same class-

(a)

a determination that the weight of the rotorcraft load combination and the location of its centre of gravity are within approved limits, that the external load is securely fastened, and that the external load does not interfere with devices provided for its emergency release;

(b)

make an initial lift-off and verify that controllability is satisfactory;

(c)

verify that directional control is adequate while hovering;

(d)

accelerate into forward flight to verify that no altitude, whether of the rotorcraft or of the external load, is encountered in which the rotorcraft is uncontrollable or which is hazardous;

(e)

in forward flight, check for hazardous oscillations of the external load, but if the external load is not visible to the pilot, other crew members or ground personnel shall make this check and signal the pilot; and

(f)

increase the forward airspeed and determine an operational airspeed at which no hazardous oscillation or hazardous aerodynamic turbulence is encountered.

(4)

Notwithstanding the provisions of the Civil Aviation (Operation of Aircraft) (Commercial Air Transport and General Aviation) (Helicopters) Regulations, 2022 a holder of a Rotorcraft External-load Operator Certificate may conduct rotorcraft externalload operation over congested areas where the operation is conducted without hazard to a person or to property on the surface and shall-

(a)

develop a plan for each complete operation which shall include-

(i)

an agreement with the relevant authority in whose jurisdiction the operation shall be conducted;

(ii)

coordination with air traffic control, if necessary; and

(iii)

a detailed chart depicting the flight routes and altitudes; (b) obtain approval for the operation from the authority; and (c) conduct a flight at an altitude and on a route that shall allow a jettisonable external-load to be released and the rotorcraft landed, in an emergency without hazard to persons or property on the surface.

(5)

Notwithstanding the provisions of the Civil Aviation (Operation of Aircraft) (Commercial Air Transport and General Aviation) (Helicopters) Regulations, 2022, a holder of a rotorcraft external-load operator certificate may conduct an external load operation, including approach, departure or load positioning manoeuvre necessary for the operation, below five hundred feet above the surface and closer than five hundred feet to a person, a vessel, vehicle and structure, where the operation is conducted without creating a hazard to a person or property on the surface.

(6)

A person shall not conduct rotorcraft external-load operation under Instrument Flight Rules (IFR) unless specifically approved by the authority.

(7)

Subject to subregulation (6), a person shall not be carried as part of the external-load under Instrument Flight Rules (IFR) operation.

37. Carriage of persons
(1)

A holder of a Rotorcraft External-load Operator Certificate shall not carry or allow a person to be carried during rotorcraft external load operations unless the person- (a) is a flight crew member; (b) is a flight crew member trainee; (c) performs an essential function in connection with the external load operation; or

(d)

is necessary to accomplish the work activity directly associated with that operation.

(2)

The Pilot-In-Command shall ensure that all persons are briefed before take-off on all procedures to be followed, including- (a) normal procedures;

(b)

abnormal procedures;

(c)

emergency procedures; and

(d)

equipment to be used during the external-load operation.

(3)

For the purpose of this Part, a person other than a flight crew member or a person who is essential and directly connected with the external-load operation shall be carried only in approved class D rotorcraft-load combination.

38. Crew member training, currency and testing requirements
(1)

A holder of a Rotorcraft External-load Operator Certificate shall not employ a person, as a pilot of helicopter external-load operation unless the person-

(a)

has successfully demonstrated to the authority the knowledge and skill with respect to the rotorcraft-load combination prescribed in regulation 30; and

(b)

has in his or her personal possession, a certificate of competency issued by the operator or an appropriate logbook entry indicating compliance with paragraph (a).

(2)

A holder of a Rotorcraft External-load Operator Certificateshall not employ a person as, a flight crew member or other operations personnel in class D operations unless, within the preceding twelve months, that person has successfully completed an approved initial or recurrent training programme.

(3)

Notwithstanding subregulation (2), a person who has performed a rotorcraft external-load operation of the same class and in an aircraft of the same type within the past twelve calendar months shall not need to undergo recurrent training.

39. Access for inspection

A person conducting an operation in accordance with the provisions of this Part shall give the aviation safety inspectors of the authority free and uninterrupted access to the aircraft and allied facilities with regard to the external load operation in order to conduct an inspection or tests that the authority considers necessary to determine compliance with these Regulations and the rotorcraft external-load operator certificate Airworthiness Requirements

40. Flight characteristics requirements
(1)

An applicant for a Rotorcraft External-load Operator Certificate under this Part shall demonstrate to the authority, by performing the following operational flight checks, that the rotorcraft external-load combination has satisfactory flight characteristics, unless these operational flight checks have been demonstrated previously and the rotorcraft external-load combination flight characteristics were satisfactory- (a) for Class A rotorcraft external-load combination, the operational flight check shall consist of the following manoeuvres- (i) take off and landing; (ii) demonstration of adequate directional control while hovering; (iii) acceleration from a hover; and (iv) horizontal flight at airspeeds up to the maximum airspeed for which authorisation is requested;

(b)

for class B and D rotorcraft external-load combinations, the operational flight check shall consist of at least the following manoeuvres- (i) pickup of the external load; (ii) demonstration of adequate directional control while hovering; (iii) acceleration from a hover; (iv) horizontal flight at airspeeds up to the maximum airspeed for which authorisation is requested; (v) demonstrating appropriate lifting device operation; and (vi) manoeuvring of the external load into release position and its release, under probable flight operation conditions, by means of each of the quick- release controls installed on the rotorcraft; and (c) for Class C rotorcraft external-load combination used in wire-stringing, cable-laying, or similar operation, the operational flight check shall consist of the manoeuvres, as applicable, prescribed in paragraph (b)

(2)

For the purposes of the manoeuvre under this regulation, the external-load weight, including the external-load attaching means, is the maximum weight for which authorisation is requested.

41. Structures and design
(1)

The authority shall approve an external-load attaching means and a quick release device means of a rotorcraft.

(2)

The total mass of the rotorcraft-load combination shall not exceed the total mass approved for the rotorcraft during its type certification.

(3)

The location of the centre of gravity shall, for all loading conditions, be within the range established for the rotorcraft during its type certification.

(4)

For Class C rotorcraft external-load combinations, the magnitude and direction of the loading force shall be established at those values for which the effective location of the centre of gravity remains within its established range.

42. Operating limitations
(1)

An operator shall, in addition to the operating limitations set out in the approved rotorcraft external-load combination operating manual and to any other limitations that the authority may prescribe establish at least the following limitations- (a) be operated within the weight and centre of gravity limitations established in accordance with this Part; (b) not be operated with an external-load weight exceeding that used in showing compliance with this Part; and (c) not be operated at airspeeds greater than those prescribed in these Regulations.

(2)

A person shall not conduct an external-load operation under these Regulations with a rotorcraft type certified in the restricted category over a densely populated area, in a congested airway or near a busy airport where commercial air transport operation is conducted.

(3)

A rotorcraft-load combination of class D shall be conducted in accordance with the following conditions- (a) the rotorcraft to be used shall be type certificated under transport category and provide hover capability with one engine inoperative at that operating weight and altitude; (b) the rotorcraft shall be equipped to allow direct radio intercommunication among required crew members; (c) the personnel lifting device shall be approved by the authority; and (d) the lifting device shall have an emergency release requiring two distinct actions.

43. Rotorcraft external-load combination operating manual
(1)

An applicant for a Rotorcraft External-load Operator Certificate shall prepare a rotorcraft external-load combination operating manual and submit it to the authority for approval.

(2)

The manual under subregulation (1) shall specify-

(a)

the operating limitation, normal procedure, emergency procedure, performance, and other information prescribed under this Part;

(b)

the class of rotorcraft external-load combinations for which the airworthiness of the rotorcraft has been demonstrated in accordance with this Part; and

(c)

in the information section of the rotorcraft external-load combination operating manual- (i) information on any peculiarity discovered when operating particular rotorcraft external-load combinations; (ii) precautionary advice regarding static electricity discharg for class B, class C and class D rotorcraft external-load combination; and (iii) any other information essential for safe operation with external loads.

(3)

The limiting height speed envelope data may not be listed in the rotorcraft external-load combination flight manual.

44. Markings and placards
(1)

A holder of a Rotorcraft External-load Operator Certificate shall display a marking and placard conspicuously on a rotorcraft and shall ensure that the marking and placard cannot be easily erased, disfigured or obscured.

(2)

The placard displayed in the cockpit or cabin shall state the class of rotorcraft external-load combination and the occupancy limitation for which the rotorcraft has been approved.

(3)

The placard, marking or instruction displayed next to the external-load attaching means shall state the maximum external load approved.

Part IV

45. Application
(1)

This Part shall apply to operations involving towing gliders by an aircraft.

(2)

A person conducting operations under this Part shall apply to the authority for a certificate of waiver or equivalent authorisation.

(3)

The authority shall issue a certificate of waiver or equivalent authorisation to an applicant who meets the requirements prescribed under this Part for that certificate or authorisation.

46. Towing glider
(1)

A person operating an aircraft in flight shall not tow a glider unless he or she has a valid certificate of airworthiness which includes an express provision that the aircraft shall be used for towing a glider of a particular type.

(2)

A person operating an aircraft shall not tow a glider unless the Pilot-In Command of the towing aircraft is qualified under this Part.

(3)

A person shall not operate an aircraft that is towing a glider unless the aircraft is equipped with a tow hook and release control system that meets the applicable standards of airworthiness.

(4)

The length of the combination of towing aircraft, a towrope and a glider in flight shall not exceed one hundred fifty metres.

(5)

The Pilot-In-Command of an aircraft which is about to tow a glider shall satisfy himself or herself, before the towing aircraft takes off that- (a) the towline is in good condition and meets the requirements specified in this regulation; (b) the combination of the towing aircraft and glider is capable of safely taking off, reaching and maintaining a safe height thereafter and making a safe landing at the place of intended destination; (c) the signals have been agreed and communication established with persons suitably stationed so as to enable the glider to take off safely; (d) the emergency signals have been agreed between the Pilot-In-Command of the towing aircraft and the Pilot-In- Command of the glider to be used, respectively, by the Pilot-In-Command of the towing aircraft to indicate that the tow should immediately be released by the glider and by the Pilot-In-Command of the glider to indicate that the tow cannot be released; (e) the towing aircraft is equipped with a tow hitch of a kind and installed in a manner that is approved by the authority; (f) the towline used has breaking strength not less than eighty percent of the maximum certificated operating weight of the glider and not more than twice this operating weight; (g) the towline used has a breaking strength of more than twice the maximum certificated operating weight of the glider where- (i) a safety link is installed at the point of attachment of the towline to the glider with a breaking strength not less than eighty percent of the maximum certificated operating weight of the glider and not greater than twice this operating weight; or (ii) a safety link is installed at the point of attachment of the towline to the towing aircraft with a breaking strength greater, but not more than twenty five percent greater than that of the safety link at the towed glider end of the towline and not greater than twice the maximum certificated operating weight of the glider; (h) before conducting towing operation within the lateral boundaries of the surface areas of Class B, C, D or E airspace designated for an airport or before making each towing flight within the controlled airspace if required by air traffic control, the Pilot-In-Command notifies the control tower; (i) where a control tower does not exist, the Pilot-In-Command notifies the authority before conducting towing operation; and (j) the Pilot-In-Command of the towing aircraft and the Pilot- In-Command of the glider have agreed upon a general course of action, including takeoff and release signals, airspeeds and emergency procedures for each pilot. (6) The glider shall be attached to the towing aircraft by means of the tow rope before the aircraft takes off.

(7)

A person operating an aircraft in flight shall not tow a glider except in accordance with the conditions and requirements as the authority may prescribe.

(8)

A Pilot-In-Command of a towing aircraft shall not intentionally release a towline, after release of a glider, in a manner that endangers the life or property of another person.

47. Experience and training requirements
(1)

A person shall not act as Pilot-In-Command for towing a glider unless he or she- (a) holds at least a Private Pilot Licence with a category rating for a powered aircraft and has logged at least one hundred hours of Pilot-In-Command time in the same aircraft category, class and type the Pilot-In-Command is using to tow a glider; (b) has a logbook endorsement from an authorised instructor who certifies that he or she received ground and flight training in towing gliders and is proficient in- (i) the techniques and procedures essential to the safe towing of gliders, including airspeed limitations; (ii) the emergency procedures; (iii) the signals used; and (iv) the maximum angles of bank; (c) has logged at least 3 flights as the sole manipulator of the controls of an aircraft towing a glider or simulating glider- towing flight procedures while accompanied by a pilot who meets the requirements of this regulation; (d) has received a logbook endorsement from the pilot, under paragraph (c), certifying that he or she has accomplished at least 3 flights in an aircraft while towing a glider or while simulating glider-towing flight procedures; and (e) within the preceding twelve months has- (i) made at least 3 actual or simulated glider tows while accompanied by a qualified pilot who meets the requirements of this Part; or (ii) made at least 3 flights as Pilot-In-Command of a glider towed by an aircraft.

(2)

A pilot, under subregulation (1) (d), who endorses a logbook of a person seeking glider-towing privileges shall have- (a) met the requirements of this regulation prior to endorsing the logbook of the person seeking glider-towing privileges; and (b) logged at least ten flights as Pilot-In-Command of an aircraft while towing a glider.

(3)

Where a pilot under subregulation (1)(d) holds only a Private Pilot Licence, he or she shall have- (a) logged at least one hundred hours of Pilot-In-Command time in aeroplane or two hundred hours of Pilot-In- Command time in a combination of powered and other than powered aircraft; and (b) performed and logged at least 3 flights within the twelve calendar months preceding the month that pilot accompanies or endorses the logbook of a person seeking glider-towing privileges- (i) in an aircraft while towing a glider accompanied by another pilot who meets the requirements of this regulation; or (ii) as Pilot-In-Command of a glider being towed by an aircraft.

48. Towing, picking up and raising of person, animal and article
(1)

A person operating an aircraft in flight shall not-

(a)

by means external to the aircraft, tow an article other than a glider or banner; or (b) tow, pick up or raise a person, animal or article, unless he or she has a valid certificate of airworthiness which includes an express authorisaion that the aircraft shall be used for that purpose.

(2)

A person shall not use an aircraft to launch or pick up a towline or a banner of a similar article other than at an aerodrome.

(3)

A person shall not operate an aircraft in flight to tow an article, other than a glider, at night or when flight visibility is less than 1 mile. (4) The length of the combination of a towing aircraft, a towline and an article in a tow shall not exceed one hundred fifty meters.

(5)

A person flying a helicopter shall not fly over a congested area of a city, town or settlement at any time where a person, animal or article is suspended from the helicopter.

(6)

Nothing in this regulation shall- (a) prohibit the towing in a reasonable manner by an aircraft in flight of any radio aerial or instrument which is being used for experimental purposes; (b) prohibit picking up or raising of a person, an animal or an article in an emergency or for the purpose of saving life; (c) apply to an aircraft while the aircraft is flying in accordance with the provisions of the special flight permit issued under the Civil Aviation (Airworthiness of Aircraft) Regulations, 2022; or (d) be taken to permit the towing or picking up of a glider other than in accordance with this Part.

49. Towing operating rules

A pilot shall not (a) conduct a towing operation in a controlled airspace unless he or she has received clearance from the Air Traffic Control service; (b) conduct a towing operation in uncontrolled airspace unless he or she has notified the appropriate authority of

the towing operation to be conducted into the Notice to Air Missions service of Uganda; (c) engage in towing operations, either as the pilot of the towing aircraft or as the pilot of the towed glider, unless all of the pilots have agreed upon a general course of action, including take-off and release signals, airspeeds, and emergency procedures for each pilot; or (d) intentionally release a towline, after release of a glider, in a manner that endangers the life or property of another person.

50. Dropping of animal or article
(1)

A person shall not drop or permit to drop an animal or article, whether or not attached to a parachute, from an aircraft in flight so as to endanger persons or property.

(2)

Subregulation (1) shall not apply to the dropping of an animal or article by or with the authority of the Pilot-In-Command of the aircraft provided that he or she seeks to avoid endangering a person or property where- (a) the dropping is for the purpose of saving life; (b) the jettisoning, is in case of emergency, of fuel or other articles in the aircraft; (c) the dropping of ballast is in the form of fine sand or water; (d) the dropping of articles is solely for the purpose of navigating the aircraft in accordance with ordinary practice or with the provisions of these Regulations; (e) the dropping at an aerodrome, is in accordance with the provisions of this Part; (f) the dropping of an article is for the purpose of- (i) agriculture, horticulture or forestry; (ii) public health;

(iii)

as a measure against weather conditions; (iv) surface icing or oil pollution; or (v) training for the dropping of articles, where the articles are dropped with the permission of the authority and in accordance with any condition subject to which that permission may have been given; and

(g)

the dropping of wind drift indicators is for the purpose of enabling a parachute descent to be made if the wind indicators are dropped with the permission of the authority and in accordance with any conditions subject to which that permission may have been given.

(3)

For the purposes of this regulation, "dropping" includes projecting and lowering.

(4)

Nothing in this regulation shall prohibit the lowering of any animal or article from a helicopter to the surface, where the certificate of airworthiness issued by the authority is valid and includes an express provision that it may be used for that purpose.

51. Dropping of persons
(1)

A person shall not drop, be dropped or be permitted to drop to the surface or jump from an aircraft flying over Uganda, except in accordance with the terms of a written authorisation granted by the authority under the Civil Aviation (Personnel Licensing) Regulations, 2022.

(2)

The terms of the written authorisation shall specify the duration of the drop.

(3)

Notwithstanding the grant of an authorisation under subregulation (1), a person shall not drop, be dropped or be permitted to drop from an aircraft in flight so as to endanger another person or property.

(4)

A person shall not use an aircraft for the purpose of dropping persons unless the aircraft has a valid certificate of airworthiness issued under the Civil Aviation (Airworthiness of Aircraft) Regulations, 2022 and an authorisation granted for that purpose.

(5)

Notwithstanding the provisions on dropping of persons, this regulation shall not- (a) apply to the descent of a person by parachute from an aircraft in an emergency; (b) prohibit the lowering of a person in an emergency or for the purpose of saving life; or (c) prohibit the lowering of a person from the helicopter to the surface where the certificate of airworthiness is valid and includes an express provision that it may be used for that purpose. Banner Towing Operation

52. Requirement for authorisation
(1)

A person who intends to conduct a banner towing operation under this Part shall apply to the authority for a certificate of waiver or equivalent authorisation.

(2)

The authority shall issue a certificate of waiver or equivalent authorisation to an applicant that meets the requirements of this Part for the certificate or authorisation.

(3)

A helicopter operating under the requirements of Part III may tow a banner using an external-load attaching means without a certificate of waiver or equivalent authorisation only where the operator has at least a Class B authorisation on the operating certificate.

53. Aircraft requirements
(1)

A person shall not operate an aircraft that is towing a banner unless the aircraft is equipped with a tow hook and release control system that meet the applicable standards of airworthiness.

(2)

A person shall not operate a helicopter that is towing a banner unless the helicopter has a means to prevent the banner from becoming entangled in the helicopter's tail rotor during all phases of flight, including auto rotations.

54. Experience and training requirements
(1)

A pilot of a non-revenue flight of a tow aircraft shall hold at least a valid Private Pilot Licence and shall have a minimum of two hundred hours of Pilot-In-Command time.

(2)

Where a banner tow operation is conducted for compensation or hire, the pilot shall have at least a valid Commercial Pilot Licence.

(3)

A pilot engaged in a banner towing operation shall demonstrate competence to the authority by performing at least one pickup and drop of the maximum number of letters or panels to be used by the holder of the certificate.

(4)

A demonstration under subregulation (3) shall be observed from the ground to allow the inspector to evaluate the competence of any essential ground personnel as well as the flight operation.

55. Operating rules
(1)

A banner tow operation shall be conducted only-

(a)

in visual flight rules weather conditions; and

(b)

between the hours of official sunrise and sunset.

(2)

A person shall not conduct banner towing operations- (a) over congested area or an open air assembly of persons at whichever of the following heights is higher:

(i)

at a height below one thousand feet above the highest fixed object within six hundred metres of the aircraft;

(ii)

below such a height as would enable the aircraft to alight clear of the area and without danger to persons or property on the surface, in the event of failure of a power unit;

(b)

elsewhere not below such height as would enable the aircraft to alight clear of the assembly in the event of the failure of a power unit.

(3)

A helicopter may be operated at less than the minimums specified in subregulation (2) where the operation is conducted without hazard to persons or to property on the surface.

(4)

A holder of an authorisation to conduct a banner tow operation shall be required to obtain a written approval of the aerodrome management to conduct the operation.

(5)

Where a banner towing operation takes place at an airport with Air Traffic Control, the holder of the authorisation shall inform the Air Traffic Control of the time of the operation and obtain clearance.

(6)

The holder of an authorisation shall notify the appropriate aerodrome officials in advance when the banner tow operation shall be in close proximity to an unmanned airport.

(7)

A banner tow operation shall carry essential crew members.

(8)

Where a banner tow operation is conducted around congested areas, the pilot shall exercise due care so that, in the event of emergency release of the banner or tow rope, the banner or tower rope shall not cause undue hazard to person or to property on the surface.

(9)

A pilot conducting a banner towing operation shall drop the tow rope in a pre-designated area at least five hundred feet from a person, building, parked automobile or aircraft.

(10)

Where a tow aeroplane lands with the rope attached, due care shall be exercised to avoid trailing the rope and endangering another aircraft in the air, a person, property or aircraft on the surface.

(11)

A pilot conducting a banner towing operation shall carry on board the aircraft a current copy of the authorisation, allowing the banner towing operation.

(12)

A pilot conducting banner towing operations shall ensure coordination of banner times with other aviation operations at all times.

(13)

The coordination under subregulation (12) shall include- (a) communications involving- (i) air to air; (ii) air to ground; and (iii) coordination with Air Traffic Control; (b) traffic flow, identification and depiction of traffic patterns for the pilots concerned; and (c) airworthiness inspections.

(14)

An aircraft conducting banner towing operations shall prior to the event undergo an airworthiness safety inspection.

Part V

56. Requirement for authorisation
(1)

A person who intends to conduct an operation involving- (a) movie filming; (b) appearance in flight in movies; (c) airborne direction or production of such filming; or

(d)

aerial photography or aerial survey, where the operation is conducted as part of a business enterprise or for compensation or hire shall apply to the authority for authorisation at least thirty days before the date of the intended operation.

(2)

A person shall not conduct operations involving movie filming, appearance in flight in movies, airborne direction or production of the filming, aerial photography or aerial survey where those operations are conducted as part of a business enterprise or for compensation or hire unless that person satisfies the requirements of these Regulations.

(3)

For purposes of this regulation, "movie" includes film, video and live broadcast in any format, and the preparation and rehearsal for those operations.

57. Aircraft requirements

A person shall not use an aircraft in a motion picture, television filming, aerial photography or aerial survey operation, unless there is in respect of the aircraft, a certificate of airworthiness or a restricted certificate of airworthiness issued for the purpose of exhibition

58. Experience and training requirements
(1)

A pilot shall not conduct television movie, aerial photography or aerial survey operations unless he or she has- (a) a Commercial Pilot Licence with type ratings for the aircraft to be used; (b) at least five hundred hours as Pilot-In-Command; (c) a minimum of a hundred hours in the category and class of the aircraft to be used; and (d) a minimum of 5 hours in the make and model of the aircraft to be used.

(2)

Where a pilot conducting a television, movie, aerial photography or aerial survey operation intends to perform acrobatic flights below one thousand five hundred feet above ground level, he or she shall furnish the authority with proof of competence to perform the acrobatic manoeuvres in the aircraft to be used.

59. Special authorisation requirements
(1)

An operator shall obtain a certificate of waiver or equivalent authorisation from the authority where filming sequences require an aircraft to be flown- (a) in acrobatic flight below one thousand five hundred feet above ground level; (b) over a congested area; or (c) in controlled airspace.

(2)

The holder of the special authorisation issued under this regulation shall provide a schedule of events stating- (a) the identification of the aircraft; and (b) the performers in the sequence of their appearance.

(3)

A manoeuvre added or time change to the schedule of events shall be approved by the authority.

(4)

The holder of a special authorisation shall develop and adhere to a motion picture, television, aerial photography or aerial survey flight operations manual which shall be approved by the authority.

60. Flight operations manual A motion picture, television or aerial photography and survey

flight operations manual shall contain at least the following

(a)

business name, address and telephone number of applicant; (b) list of pilots to be used during the filming, aerial photography and survey including their pilot licence numbers, type of licence and date of medical certificate;

(c)

list of aircrafts by make and model; (d) procedures for revising the manual to ensure that all manuals are kept current and procedures for the distribution of the manual to the concerned personnel; (e) procedures to ensure that no persons, except those persons consenting to be involved and necessary for the filming or aerial photography and survey are allowed within five hundred feet of the filming production area; (f) the area that will be used during the term of the authorisation; (g) procedures for the submission, within 3 days of the scheduled filming or aerial photography and survey, (h) a written plan of activities to the authority containing at least the following- (i) dates and times for all flights; (ii) name and phone number of the person responsible for the filming or aerial photography and survey; (iii) make and model of aircraft to be used and type of airworthiness certificate; (iv) name of pilots involved in the filming or aerial photography and survey; (v) a statement that permission has been obtained from property owners or local officials to conduct the filming or aerial photography and survey; and (vi) a general outline or summary of the production schedule, to include maps or diagrams of the specific filming or aerial photography and survey location; (i) requirements and procedures that the applicant for a special authorisation shall use to obtain permission from property owners or local officials for the conduct of all filming or aerial photography and survey;

(j)

method of security that will be used to exclude all persons not directly involved with the operation from the location; (k) procedures to brief personnel of the risks involved, emergency procedures and safeguards to be followed during the filming or aerial photography and survey; (l) procedures to ensure that required inspections will be conducted; (m) procedures to provide communications capability with all participants during the actual operation and filming or aerial photography and survey; and (n) procedures for notification and reporting of incidents and accidents.

61. Operating rules
(1)

An operator shall not conduct motion picture, television flight or aerial photography operations so as to endanger a person or property on the surface or aircraft in flight.

(2)

Minimum cloud clearance requirements and minimum altitude requirements of the Civil Aviation (Rules of the Air) Regulations, 2020 and the Civil Aviation (Air Traffic Services) Regulations, 2022 shall not apply to an operation under this Part where different requirements and minimums are specifically authorised by the authority under these Regulations.

62. Exhibition flights
(1)

A person shall not conduct an exhibition of flying unless he or she has obtained an authorisation from the authority.

(2)

A pilot shall not participate in an exhibition of flying unless he or she-

(a)

holds a valid Private Pilot Licence, Commercial Pilot Licence or Airline Transport Pilot Licence;

(b)

is rated on the type of aircraft to be used; and

(c)

complies with any relevant conditions specified in the authorisation.

(3)

A person shall not use an aircraft in exhibition of flying, unless that aircraft has a valid certificate of airworthiness.

(4)

A person shall not be issued with the authorisation under subregulation (1) unless he or she proves to the authority the ability to safely conduct the exhibition of flying.

(5)

The authorisation under subregulation (1) may be issued subject to such conditions, as the authority thinks fit and shall, remain in force for the period specified in the authorisation.

(6)

A person authorised under this regulation shall not conduct an exhibition of flying so as to endanger persons or property on the surface or aircraft in flight.

Part VI

63. Sightseeing

This Part applies to an operation involving the carriage of a person for the purpose of viewing natural formations, manmade objects, or wildlife on the ground where (a) the operation is conducted as part of a business enterprise or for compensation or hire; (b) the flight is unquestionably advertised as "sightseeing"; (c) the flight returns to the aerodrome of departure without having landed at any other aerodrome; (d) the flight is conducted within a twenty five-statute-mile radius of the departure aerodrome; and

(e)

the certificated passenger capacity of the aircraft does not exceed nine passengers.

64. Traffic reporting
(1)

A person shall not conduct an aircraft operation involving the observation of, and reporting on, vehicular traffic conditions on the highways and streets unless he or she- (a) holds at least a valid Commercial Pilot Licence; (b) uses an aircraft with a certificate of airworthiness; and (c) holds an authorisation issued by the authority.

(2)

A person authorised to conduct an operation under this regulation shall not conduct an operation so as to endanger a person or property on the surface or aircraft in flight.

65. Game viewing or tracking operation
(1)

A person shall not conduct an aircraft operation involving the observation of, and reporting on and participating in a game viewing or tracking operation unless he or she- (a) holds a valid Private Pilot Licence; (b) uses aircraft with a certificate of airworthiness or restricted certificate of airworthiness; and (c) holds an authorisation issued by the authority.

(2)

A person authorised under this regulation shall not conduct operations so as to endanger a person, an animal or property on the surface or aircraft in flight.

66. Competitive motor vehicle operation
(1)

A person shall not conduct aircraft operations involving the observation of, and reporting on and participating in motor vehicle testing and competitive operations unless he or she-

(a)

holds a valid Private Pilot Licence; (b) uses an aircraft with a standard certificate of airworthiness; and (c) holds an authorisation issued by the authority.

(2)

A person authorised under this regulation shall not conduct operations so as to endanger a person or property on the surface or aircraft in flight.

67. Fish spotting
(1)

A person shall not conduct an aircraft operation involving location, tracking and reporting on the location of fish and fish schools, as part of a business enterprise or for compensation or hire unless he or she obtains an authorisation from the authority.

(2)

A person authorised under this regulation shall not conduct an operation so as to endanger a person or property on the surface or aircraft in flight.

(3)

The minimum cloud clearance requirements and minimum altitude requirements of the Civil Aviation (Rules of the Air) Regulations, 2020 and the Civil Aviation (Air Traffic Services) Regulations, 2022 shall not apply to operations specifically authorised by the authority under this regulation with different minimas.

Part VII

68. Application for exemption
(1)

A person or operator may apply to the authority for an exemption from any provision of these Regulations.

(2)

A request for an exemption shall be made in accordance with the requirements of these Regulations and an application for an exemption shall be submitted and processed in a manner prescribed by the authority.

(3)

An application for an exemption shall contain the applicant's- (a) name; (b) physical address and mailing address; (c) telephone number; (d) fax number where available; and (e) email address.

(4)

The application in subregulation (1) shall be accompanied by a fee prescribed by the authority in the applicable aeronautical information circulars for technical evaluation.

69. Exemption
(1)

The authority may, upon consideration of the circumstances of the application for exemption, issue an exemption providing relief from specified provisions of these Regulations, provided that- (a) the authority finds that the circumstances presented warrant the exemption; and (b) a level of safety shall be maintained equal to that required by the Regulations from which the exemption is sought.

(2)

The exemption referred to under subregulation (1) may be terminated or amended at any time by the authority.

(3)

A person or operator who receives an exemption shall have a means of notifying the management and appropriate personnel performing functions subject to the exemption.

70. Possession of the licence, certificate, approval,

authorisation or exemption (1) A holder of a licence, certificate, approval, authorisation, exemption or other document issued by the authority under these Regulations shall have the licence, certificate, approval, authorisation,

exemption or other document in his or her physical possession or at the work site when exercising the privileges of that a licence, certificate, approval, authorisation, exemption or other document.

(2)

A member of a flight crew of a foreign registered aircraft shall hold a valid licence, certificate or authorisation and have the licence, certificate or authorisation in his or her physical possession or at the work site when exercising the privileges of that licence, certificate or authorisation.

71. Drug and alcohol testing and reporting
(1)

A person who performs a function requiring a licence, rating, qualification or authorisation prescribed by these Regulations directly or by contract under the provisions of these Regulations may be tested for drug or alcohol usage.

(2)

Where the authority or any person authorised by the authority wishes to test a person under subregulation (1) for the percentage by weight of alcohol in the blood or for the presence of narcotic drugs, marijuana or depressant or stimulant drugs or substances in the body and he or she- (a) refuses to submit to the test; or (b) having submitted to the test, refuses to authorise the release of the test results, the authority may suspend or revoke the licence, certificate or authorisation issued by the authority. (3) In determining whether to suspend or revoke an Agricultural Air Operator Certificate or a Rotorcraft External-load Operator Certificate, the authority shall consider all relevant factors, including- (a) whether the holder of an Agricultural Aircraft Operator Certificate or a Rotorcraft External-load Operator Certificate had knowledge of the drug or alcohol use;

(b)

whether the holder of an Agricultural Aircraft Operator Certificate or a Rotorcraft External-load Operator Certificate encouraged the person to refuse the drug or alcohol test; (c) whether the holder of an Agricultural Aircraft Operator Certificate or a Rotorcraft External-load Operator Certificate dismissed the person who failed or refused the drug tests; and (d) the position that person held with the holder of an Agricultural Aircraft Operator Certificate or a Rotorcraft External-load Operator Certificate.

(4)

The authority shall require the holder of an Agricultural Aircraft Operator Certificate or Rotorcraft External-load Operator Certificate to show cause why that person should not be dismissed from the employment of the holder of an Agricultural Aircraft Operator Certificate or Rotorcraft External-load Operator Certificate.

(5)

A person who is convicted, whether in or outside Uganda, for any offence relating to the growing, processing, manufacture, sale, disposition, possession, transportation or importation of narcotic drugs, marijuana or depressant or stimulant drugs or substances, shall be dismissed from the employment of the holder of an Agricultural Aircraft Operator Certificate or Rotorcraft External-load Operator Certificate.

(6)

The authority may suspend or revoke the certificate of an Agricultural Aircraft Operator Certificate or Rotorcraft External-load Operator Certificate holder who refuses to dismiss from its employment a person convicted under subregulation (5).

72. Inspection of licences, certificates, approval, authorisation

or exemption A person who holds a licence, certificate, approval, authorisation, exemption or other document required by these Regulations shall present the licence, certificate, approval, authorisation, exemption or other document for inspection, upon a request by the authority or a person authorised by the authority.

73. Change of name
(1)

A holder of a licence, certificate, authorisation or other document issued under these Regulations may apply to the authority to change the name on a licence, certificate, authorisation or other document.

(2)

An application under subregulation (1) shall be accompanied by- (a) the current licence, certificate, authorisation or other document sought to be amended; and (b) a court order or other legal document verifying the name change.

(3)

The authority may change the licence, certificate, authorisation or other document and issue a replacement.

(4)

The authority shall retain copies of documents specified in subregulation (2)(b) and shall return to the holder the original documents and the replaced licence, certificate or authorisation with the appropriate endorsement.

(5)

A licence, certificate, authorisation or other document issued to a person under these Regulations is not transferable.

74. Change of address
(1)

A holder of a licence, certificate, or other document issued under these Regulations shall notify the authority of the change in the physical and mailing address in the case of- (a) physical address, at least fourteen days in advance; and (b) mailing address upon the change.

(2)

A person who contravenes subregulation (1) shall not exercise the privileges of the licence, certificate, authorisation or other document.

75. Replacement of licence, certificate, approval, authorisation

or exemption A person may apply to the authority in the prescribed form for replacement of a licence, certificate, approval, authorisation or exemption issued under these Regulations where the licence, certificate, approval, authorisation or exemption is lost or destroyed.

76. Variation, suspension or revocation of licence, certificate

approval, authorisation or exemption (1) The authority may, where it considers it to be in the public interest, suspend provisionally, pending further investigation, any licence, certificate, approval, authorisation, exemption or other document issued, granted or having effect under these Regulations.

(2)

The authority may, upon the completion of an investigation which has shown sufficient ground to the authority's satisfaction, and where the authority considers it to be in the public interest, vary, suspend or revoke, any licence, certificate, approval, authorisation, exemption or other document issued or granted under these Regulations.

(3)

The authority may, where it considers it to be in the public interest, prevent any person or aircraft from flying.

(4)

A holder or any person having the possession or custody of a licence, certificate, approval, exemption or other document which has been, varied, suspended or revoked under these Regulations shall surrender it to the authority within fourteen days from the date of variation, suspension or revocation.

(5)

The breach of any condition subject to which any licence, certificate, approval, exemption or any other document has been granted or issued under these Regulations shall render the licence, certificate, approval, exemption or any other document invalid during the continuance of the breach.

77. Use and retention of licence, certificate, authorisation and

records (1) A person shall not- (a) use a licence, certificate, approval, exemption or other document issued or required under these Regulations which has been forged, altered, revoked or suspended or to which he or she is not entitled; (b) forge or alter a licence, certificate, approval, exemption or other document issued or required by or under these Regulations; (c) lend a licence, certificate, approval, exemption or other document issued or required by or under these Regulations to any other person; or (d) make any false representation for the purpose of procuring for himself or herself or any other person the issue, renewal or variation of a licence, certificate, approval, exemption or other document.

(2)

A person shall not- (a) mutilate, alter, render illegible; (b) destroy any record or any entry made in a record; (c) knowingly make, procure or assist in the making of any false entry in a record; or (d) wilfully omit to make a material entry in a record, during the period for which a record is required under these Regulations to be preserved.

(3)

Any records required to be maintained under these Regulations shall be recorded in a permanent and indelible material. (4) A person shall not issue a licence, certificate, exemption or other document under these Regulations unless he or she is authorised to do so by the authority.

(5)

A person shall not issue any certificate of the kind referred to in subregulation (4) unless he or she has satisfied himself or herself that all statements in the certificate are correct and that the applicant is qualified to hold that certificate.

78. Report of violation
(1)

A person who knows of a violation of the Civil Aviation Authority Act or any regulation or order issued under the Act, shall report it to the authority.

(2)

The authority shall determine the nature and type of any additional investigation or enforcement action that need be taken.

79. Enforcement of directives

A person who fails to comply with any direction given to him or her by the authority or by any authorised person under any provision of these Regulations shall be deemed for the purposes of these Regulations to have contravened that provision

80. Aeronautical user fees
(1)

The authority may notify the fees to be charged in connection with the application, issue, validation, renewal, extension or variation of any licence, certificate, approval, exemption or other document, including the issue of a copy or the undergoing of any examination, test, inspection or investigation or the grant of any permission or approval, required by or for the purpose of these Regulations or any orders, notices or proclamations.

(2)

An application under these Regulation for which a fee is prescribed shall be accompanied by proof of payment of the prescribed fee.

(3)

A fee prescribed and paid to the authority under these Regulations, shall be non-refundable.

81. Application of Regulations to Government and visiting

forces (1) These Regulations apply to an aircraft, not being a military aircraft, belonging to or exclusively employed in the service of the Government and for the purposes of such application, the Department or other authority for the time being responsible for management of the aircraft shall be deemed to be the operator of the aircraft, and in the case of an aircraft belonging to the Government, to be the owner of the interest of the Government in the aircraft.

(2)

Except as otherwise expressly provided, the naval, military and air force authorities and member of any visiting force and property held or used for the purpose of such a force shall be exempt from the provision of these Regulations to the same extent as if the visiting force formed part of the military force of Uganda.

82. Extra territorial application of

these Regulations Except where the context otherwise requires, these Regulations (a) in so far as they apply, whether by express reference or otherwise, to aircraft registered in Uganda, shall apply to such aircraft wherever it may be; (b) in so far as they apply, whether by express reference or otherwise, to other aircraft, shall apply to such aircraft when it is within Uganda; (c) in so far as they prohibit, require or regulate, whether by express reference or otherwise, the doing of anything by a person in or by any of the crew of, any aircraft registered in Uganda, shall apply to the persons and crew, wherever he or she may be; and (d) in so far as they prohibit, require or regulate, whether by express reference or otherwise, the doing of anything in relation to any aircraft registered in Uganda by other persons shall, where such persons are citizens of Uganda, apply to them wherever they may be.

83. Contravention of Regulations

A person who contravenes any provision of these Regulations may have his or her licence, certificate, approval, authorisation, exemption or other document revoked or suspended

84. Offences and penalties
(1)

Where any provision of these Regulations, orders, notices or proclamations made under these Regulations is contravened in relation to an aircraft, the operator of that aircraft and the Pilot- In-Command, where the operator or the Pilot-In-Command is not the person who contravened that provision shall, without prejudice to the liability of any other person under these Regulations for that contravention be deemed to have contravened that provision, unless he or she proves that the contravention occurred without his or her consent or connivance and that all due diligence was exercised to prevent the contravention.

(2)

A person who contravenes any provision specified as an "A" provision in Schedule 2 to these Regulations commits an offence and is liable, on conviction, to a fine not exceeding fifty currency points for each offence or to imprisonment for a term not exceeding two years or both.

(3)

A person who contravenes any provision specified as a "B" provision in Schedule 2 to these Regulations commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points for each offence or to imprisonment for a term not exceeding four years or both.

(4)

A person who contravenes any provision of these Regulations, not being a provision referred to in the Schedule 2 to these Regulations, commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points and in the case of a second or subsequent conviction for the like offence, to a fine not exceeding two hundred currency points.

Part VIII

85. Revocation of S.I. No. 57 of 2006, savings and transitional
(1)

The Civil Aviation (Aerial Work) Regulations, 2006 are revoked.

(2)

A licence, certificate, approval, authorisation, exemption or other document granted under the Regulations revoked by subregulation (1) and which is in force immediately before the commencement of these Regulations, shall have effect and shall continue in force as if granted under these Regulations, until it expires or is cancelled by the authority.

(3)

Notwithstanding the continuance of a clicence, certificate, approval, authorisation, exemption or other document granted under subregulation (2), a person who, at the commencement of these Regulations is carrying out any act, duty or operation affected by these Regulations shall, within six months from the commencement of these Regulations, or within such longer period as the Minister may, by notice in the Gazette prescribe, comply with the requirements of these Regulations.

(4)

Notwithstanding regulation 83, a person granted licence, certificate, approval, authorisation, exemption or other document, continued under subregulation (2) who does not comply with the requirements of these Regulations within the time prescribed under subregulation (3), shall have the licence, certificate, approval, authorisation, exemption or other document cancelled by the authority.

SCHEDULES

SCHEDULE 1

Regulation 3

CURRENCY POINT

A currency point is equivalent to twenty thousand shillings.

SCHEDULE 2

OFFENCES AND PENALTIES Regulation 84

Reg. TITLE PART PART No 5 Agricultural Air Operator Certificate required A 10 Application of operating rules and related requirements A 12 Limitations on private agricultural aircraft operator A 13 Manner of dispensing limitations A 14 Economic poison dispensing A 15 Personnel A 16 Fastening of safety belts and harnesses A Deviation from airport traffic pattern in a controlled airspace 18 A designated for an airport 21 Business name: commercial agricultural aircraft operator A 22 Operation over congested areas: pilots and aircraft A 23 Access for inspection A 24 Commercial agricultural aircraft operator records A 32 Knowledge and skills A 33 Amendment of certificate A 36 Operating rules A 38 Crew member training, currency, and testing requirements A 39 Carriage of persons A 40 Access for inspection A 41 Structures and design A 43 Rotorcraft load combination operating manual A 44 Marking and placards A 47 Experience and training requirements A 48 Towing, picking up and raising of persons, animals and articles A 49 Towing operating rules A

51 Dropping of persons A 52 Requirements for authorisation A 53 Aircraft requirements A 54 Experience and training requirements A 55 Operating rules A 56 Requirements for authorisation A 57 Aircraft requirements A 58 Experience and training requirements A 59 Special authorisation requirements A 60 Flight operations manual A 62 Exhibition Flights A 63 Site seeing A 65 Game viewing or tracking operation A 66 Competitive motor vehicle operations A 67 Fish spotting A 68 Application for exemption A 71 Drug and alcohol testing and reporting A 73 Change of names A 74 Change of Address A Use and retention of licence, certificate, authorisation and 77 B records 78 Report of violation B

Cross references Agricultural Chemicals (Control) Act, 2007, Act 1 of 2007 Civil Aviation (Air Operator Certification and Administration) Regulations, 2022, S.I. No. 73 of 2022 Civil Aviation (Air Traffic Services) Regulations, 2022, S.I. No. 74 of 2022 Civil Aviation (Airworthiness of Aircraft) Regulations, 2022, S.I. No. 77 of 2022 Civil Aviation (Licensing of Air Services) Regulations, 2001, S.I. No. 72 of 2001 Civil Aviation (Operation of Aircraft) (Commerncial Air Transport and General Aviation) (Helicopters) Regulations, 2022, S.I. No. 85 of 2022 Civil Aviation (Personnel Lisensing) Regulations, 2022, S.I. No. 89 of 2022 Civil Aviation (Rules of Air) Regulations, 2020, S.I. No. 15 of 2020

GEN. EDWARD KATUMBA WAMALA (MP), Minister of Works and Transport .

STATUTORY INSTRUMENTS SUPPLEMENT No. 34 12th August, 2022

STATUTORY INSTRUMENTS SUPPLEMENT to The Uganda Gazette No. 50, Volume CXV, dated 12th June, 2022 Printed by UPPC, Entebbe, by Order of the Government.

S T A T U T O R Y I N S T R U M E N T S

2022 No. 73.

THE CIVIL AVIATION (AIR OPERATOR CERTIFICATION AND ADMINISTRATION) REGULATIONS, 2022

ARRANGEMENT OF REGULATIONS

Regulation

Part III

64. AOC holders continuing airworthiness responsibilities

The text of this section isn't in the consolidation we hold — see the original PDF above.

65. Maintenance Control Manual (MCM)

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66. Maintenance programme

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67. Continuing airworthiness records

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68. Continuing airworthiness information

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69. Modifications and repairs

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70. Approved maintenance organisation

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71. Maintenance release

Aeroplane Manuals, Logs and Records

72. Flight manual

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73. Operator's maintenance control manual

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74. Aeroplane journey logbook

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75. Records of emergency and survival equipment carried

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76. Flight recorder records

Security

77. Security requirements

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78. Security of flight crew compartment

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79. Aeroplane search procedure checklist

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80. Security training programmes

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81. Reporting acts of unlawful interference

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82. Provisions for stowing of weapons

Dangerous Goods

83. Specific approval to transport dangerous goods

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84. Compliance with technical instructions

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85. Operators with no specific approval for

transport of dangerous goods as cargo

86. Operators with specific approval for transport

of dangerous goods as cargo

87. Postal operators transporting dangerous goods

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88. Limitations on transport of dangerous goods

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89. Classification of dangerous goods

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90. Packing

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91. Labelling and marking

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92. Separation and segregation of dangerous goods

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93. Securing of dangerous goods cargo loads

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94. Dangerous goods transport document

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95. Acceptance of dangerous goods

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96. Acceptance checklist

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97. Inspection for damage leakage or contamination

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98. Removal of contamination

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99. Loading restrictions

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100. Provision of information

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101. Training programmes

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102. Dangerous goods incident and accident reports

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103. Information in the event of aircraft

accident or serious incident

104. Dangerous goods security measures

Cargo Compartment Safety

105. Transport of items in cargo compartment

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106. Fire protection

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Part IV

107. Application

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108. Operator's continuing airworthiness responsibilities

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109. Operator's maintenance control manual

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110. Maintenance programme

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111. Continuing airworthiness records

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112. Continuing airworthiness information

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113. Modifications and repairs

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114. Maintenance release

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115. Helicopter maintenance records

Helicopter Manuals, Logs and Records

116. Flight manual

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117. Operator's maintenance control manual

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118. Maintenance programme

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119. Journey logbook

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120. Records of emergency and survival equipment carried

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121. Flight recorder records

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122. Helicopter search procedure checklist

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123. Training programmes

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124. Reporting acts of unlawful interference

The text of this section isn't in the consolidation we hold — see the original PDF above.

Part VII

140. Revocation of S.I No. 22 of 2020, savings and transitional

SCHEDULES

SCHEDULE 1 - CURRENCY POINT SCHEDULE 2 - AIR OPERATOR CERTIFICATE SCHEDULE 3 - OPERATIONS MANUAL SCHEDULE 4 - AIRCRAFT OPERATING MANUAL SCHEDULE 5 - CABIN CREW MEMBER MANUAL SCHEDULE 6 - FLIGHT SAFETY DOCUMENTS SYSTEM SCHEDULE 7 - AIR OPERATOR'S MAINTENANCE CONTROL MANUAL SCHEDULE 8 - DANGEROUS GOODS TRAINING PROGRAMME SCHEDULE 9 - OFFENCES AND PENALTIES

S T A T U T O R Y I N S T R U M E N T S

2022 No. 73.

The Civil Aviation (Air Operator Certification and Administration) Regulations, 2022 (Under sections 34(2) and 61 of the Civil Aviation Authority Act, Cap. 354)

IN EXERCISE of the powers conferred upon the Minister by sections 34(2) and 61 of the Civil Aviation Authority Act, and on the recommendation of the Uganda Civil Aviation Authority, these Regulations are made this 11th day of July, 2022.

Part III

64. AOC holders continuing airworthiness responsibilities
(1)

An AOC holder shall- (a) employ a person to ensure that all maintenance is carried out in accordance with the maintenance control manual;

(c)

ensure that the maintenance of its aeroplanes is performed in accordance with an approved maintenance programme; (d) ensure that the maintenance, preventive maintenance and modification of its aircraft or aircraft components are performed in accordance with its maintenance control manual or current instructions for continued airworthiness, and the Civil Aviation (Airworthiness of Aircraft) Regulations, 2022; (e) ensure that, in accordance with procedures acceptable to the authority, the operational and emergency equipment necessary for the intended flight is serviceable; (f) not operate an aeroplane unless maintenance on the aeroplane, including any associated engine, propeller and part, is carried out by- (i) an organisation that is either approved by the authority or by another contracting State and the organisation is acceptable to the authority; or (ii) a person in accordance with procedures that are authorised by the authority and there is a maintenance release in relation to the maintenance carried out; (g) ensure that, in accordance with procedures acceptable to the State of Registry- (i) each aeroplane operated is maintained in an airworthy condition. (ii) the operational and emergency equipment necessary for an intended flight is serviceable; and (iii) the certificate of airworthiness of each aeroplane operated is valid.

(2)

An AOC holder may make maintenance arrangements with another person for the performance of any maintenance, preventive maintenance or modifications but shall remain responsible for all work performed under the arrangement.

(3)

The owner of an aircraft, or in the case where it is leased, the lessee, shall ensure that the certificate of airworthiness of the aircraft remains valid in accordance with procedures acceptable to the authority.

(4)

An AOC holder shall make arrangements with an approved maintenance organisation to carry out maintenance on their behalf where the AOC holder does not have his or her own approved maintenance organisation.

(5)

The maintenance arrangement made under subregulation (2) shall be in the form of a written maintenance contract acceptable to the authority between the AOC holder and the approved maintenance organisation detailing the required maintenance functions and defining the support of quality functions approved by the authority.

65. Maintenance Control Manual (MCM)
(1)

An AOC holder or applicant for an AOC shall submit to the authority and maintain an MCM containing at least the information set out in Schedule 7 to these Regulations.

(2)

An AOC holder shall- (a) provide, for the use and guidance of maintenance and operational personnel concerned, an MCM, approved by the authority; (b) ensure that the design of the MCM observes human factors principles; (c) ensure that the MCM is amended as necessary to keep the information contained therein up to date; (d) submit all amendments and revisions of the MCM to the authority for approval; (e) furnish promptly, copies of the approved MCM revisions to all persons to whom the manual has been issued; and

(f)

provide the authority with a copy of the MCM, together with all amendments and revisions and shall incorporate such mandatory material as the authority and State of the operator may require.

66. Maintenance programme
(1)

An AOC holder shall-

(a)

provide for use and guidance of maintenance and operational personnel concerned, an approved maintenance programme;

(b)

ensure that the design and application of the operator's approved maintenance programme observes human factors principle;

(c)

submit revisions to the approved maintenance programme to the authority for approval;

(d)

furnish promptly, copies of the approved maintenance programme, revisions or portions approved by the authority;

(e)

ensure that repetitive maintenance tasks specified in mandatory intervals as a condition of approval of the type design are identified as such;

(f)

develop a maintenance programme based on maintenance programme information made available by the State of design or by the organisation responsible for the type design, and any additional applicable information, documentation or experience;

(g)

provide, for the use and guidance of maintenance and operational personnel concerned, a maintenance programme, approved by the State of registry, containing the information specified in regulation 63;

(h)

ensure that the approved maintenance programme for each aeroplane contains the following information-

(i)

maintenance tasks, and the intervals at which these are to be performed, taking into account the anticipated utilisation of the aeroplane;

(ii)

when applicable, a continuing structural integrity programme.

(iii)

procedures for changing or deviating from paragraphs (a) and (b); and

(iv)

when applicable, condition monitoring and reliability programme descriptions for aircraft systems, components and engines.

(2)

In the case of foreign registered aircraft, the maintenance programme shall be approved by the State of registry and shall be accepted by the authority.

(3)

In addition to the requirement for an approved maintenance programme for aircraft operated by an AOC holder, an aircraft with maximum certificated takeoff mass authorised above 13,310 kg shall include a reliability programme in the maintenance programme.

(4)

Where the authority accepts the approved maintenance programme under subregulation (2), an AOC holder shall provide the procedures and information in the MCM.

(5)

The owner or the lessee shall ensure that the maintenance of the aeroplane is performed in accordance with a maintenance programme acceptable by the authority.

(6)

The design and application of the operator's maintenance programme shall observe human factors principles.

67. Continuing airworthiness records
(1)

An AOC holder shall keep the following records for the periods mentioned in subregulations (2) (a) and (b)- (a) the total time in service hours, calendar period and cycles, as appropriate, of the aeroplane and all life-limited components; (b) the current status of compliance with all mandatory continuing airworthiness information; (c) appropriate details of modifications and repairs; (d) the time in service hours, calendar period and cycles, as appropriate, since the last overhaul of the aeroplane or its components subject to a mandatory overhaul life; (e) the current status of the aeroplane's compliance with the maintenance programme; and (f) the detailed maintenance records to show that all requirements for the signing of a maintenance release have been met.

(2)

An AOC holder shall- (a) keep the records specified in subregulations (1)(a) to (e) for a minimum period of ninety days after the unit to which they refer has been permanently withdrawn from service; (b) keep the records referred to in subregulation (1)(f) for a minimum period of one year after the signing of the certificate of release to service; (c) in the event of a temporary change of operator, make available to the new operator, the records specified in subregulation (1); (d) in the event of any permanent change of operator, transfer the records to the new operator; and

(e)

maintain the records in a form and format that ensures readability, security and integrity of the records at all times.

(3)

The lessee of an aeroplane shall, while the aeroplane is operated under a lease agreement, comply with the requirements of this Regulation.

(4)

An AOC holder shall keep the following records-

(a)

in respect of the entire aeroplane, total time in service;

(b)

in respect of the major components of the aeroplane-

(i)

the total time in service;

(ii)

the date of the last overhaul; and

(iii)

the date of the last inspection.

(c)

in respect of those instruments and equipment, the serviceability and operating life of which are determined by their time in service-

(i)

the records of the time in service as are necessary to determine their serviceability or to compute their operating life;

(ii)

the date of the last overhaul; and

(iii)

the date of the last inspection.

(5)

The records in subregulation(4) shall be kept for a period of ninety days after the end of the operating life of the unit to which they refer.

(6)

The form and format of the records may include paper records, film records, electronic records or any combination thereof.

68. Continuing airworthiness information
(1)

The operator of an aeroplane with over 5,700 kg maximum certificated take-off mass shall-

(a)

monitor and assess maintenance and operational experience with respect to continuing airworthiness;

(b)

ensure that, in respect of an aeroplane with over 5,700 kg maximum certificated take-off mass, there exists a system where information on faults, malfunctions, defects and other occurrences that cause or might cause adverse effects on the continuing airworthiness of the aircraft is transmitted to the organisation responsible for the type design of that aircraft; and

(c)

ensure that the type of information to be reported to the authority, organisations responsible for type design and maintenance organisations in respect of aeroplanes over 5,700 kg maximum certificated take-off mass, is communicated through procedures established by the owner or operator and is acceptable to the authority as determined in the technical guidance materials.

(2)

An operator of an aircraft shall, through approved procedures prescribed in the applicable technical guidance material-

(a)

monitor and assess maintenance and operational experience with respect to continuing airworthiness and provide the information and report through a specified system; and

(b)

obtain and assess continuing airworthiness information and recommendations available from the organisation responsible for the type design, component manufacturers, modifications and repairs and implement resulting actions considered necessary.

(3)

The operator of an aeroplane over 5,700 kg maximum certificated take-off mass shall-

(a)

obtain and assess continuing airworthiness information and recommendations available from the organisation responsible for the type design; and

(b)

implement resulting actions considered necessary in accordance with a procedure acceptable to the authority.

69. Modifications and repairs
(1)

The operator shall- (a) ensure that all modifications and repairs comply with the airworthiness requirements acceptable to the authority as provided in the applicable Civil Aviation (Airworthiness of Aircraft) Regulations, 2022; and (b) establish procedures to ensure that the substantiating data supporting compliance with the airworthiness requirements is retained.

(2)

Subject to subregulation (1) a major modification or a major repair shall be performed in accordance with technical data accepted by the authority.

70. Approved maintenance organisation An AOC holder shall use an

approved maintenance organisation that complies with the Civil Aviation (Approved Maintenance Organisation) Regulations,

71. Maintenance release
(1)

The maintenance release shall be issued by the approved maintenance organisation in accordance with the provisions of the Civil Aviation (Approved Maintenance Organisations) Regulations, 2022, where maintenance is carried out by an approved maintenance organisation.

(2)

The maintenance release shall be completed and signed by a person licenced under the Civil Aviation (Personnel Licensing) Regulations, 2022, to certify that the maintenance work performed has been completed satisfactorily and in accordance with approved data and procedures acceptable to the authority, where maintenance is not carried out by an approved maintenance organisation,

(3)

Where maintenance is not carried out by an approved maintenance organisation, the maintenance release shall include the following- (a) basic details of the maintenance carried out including detailed reference of the approved data used; (b) the date on which maintenance was completed; and (c) the identity of the person or persons signing the release.

Aeroplane Manuals, Logs and Records

72. Flight manual
(1)

An AOC holder shall not operate an aeroplane unless there is available a flight manual for use by the flight crew.

(2)

The flight manual specified in subregulation (1) shall be updated by implementing changes made mandatory by the State of Registry.

73. Operator's maintenance control manual
(1)

The operator's maintenance control manual provided in accordance with regulation 63 may be issued in separate parts and shall contain the following information- (a) a description of the procedures specified in Schedule 7 to these Regulations, when applicable- (i) a description of the administrative arrangements between the operator and the approved maintenance organisation; and

(ii)

a description of the maintenance procedures and the procedures for completing and signing a maintenance release when maintenance is based on a system other than that of an approved maintenance organisation; (b) the names and duties of the qualified person or persons required to ensure that all maintenance is carried out in accordance with the maintenance control manual; (c) a reference to the maintenance programme specified in regulation 64; (d) a description of the methods used for the completion and retention of the operator's continuing airworthiness records required by regulation 65; (e) a description of the procedures for monitoring, assessing and reporting maintenance and operational experience required by regulation 66; (f) a description of the procedures for complying with the service information reporting requirements of the Civil Aviation (Airworthiness of Aircraft) Regulations, 2022; (g) a description of procedures for assessing continuing airworthiness information and implementing any resulting actions, as required by regulation 66; (h) a description of the procedures for implementing action resulting from mandatory continuing airworthiness information; (i) a description of establishing and maintaining a system of analysis and continued monitoring of the performance and efficiency of the maintenance programme in order to correct any deficiency in that programme; (j) a description of aircraft types and models to which the manual applies;

(k)

a description of procedures for ensuring that unserviceability's affecting airworthiness are recorded and rectified; and (l) a description of the procedures for advising the State of Registry of significant in-service occurrences.

(2)

An AOC holder shall- (a) furnish promptly to all organisations or persons to whom the manual has been issued, copies of all revisions to the maintenance control manual; (b) provide the State of the operator and the authority with a copy of the operator's maintenance control manual, together with all revisions; and (c) incorporate in the operator's maintenance control manual such mandatory material as the State of the operator or the authority may require.

74. Aeroplane journey logbook
(1)

The aeroplane journey logbook shall contain the following items and the corresponding roman numerals- (a) I. Aeroplane nationality and registration; (b) II. Date; (c) III. Names of crew members; (d) IV. Duty assignments of crew members; (e) V. Place of departure; (f) VI. Place of arrival; (g) VII. Time of departure; (h) VIII. Time of arrival; (i) IX. Hours of flight;

(j)

X. Nature of flight (private, aerial work, scheduled or non-scheduled); (k) XI. Incidents, observations, if any; and (l) XII Signature of person in charge.

(2)

The PIC shall- (a) make the entries in the journey logbook currently and in ink or indelible pencil. (b) retain the completed journey logbook to provide a continuous record of the last six months' operations; and (c) be responsible for the journey logbook or the general declaration containing the information listed in this regulation.

75. Records of emergency and survival equipment carried
(1)

An AOC holder shall, at all times, have available for immediate communication to rescue coordination centres, lists containing information on the emergency and survival equipment carried on board any of their aeroplanes engaged in international air navigation.

(2)

The information specified in subregulation (1) shall include-

(a)

the number, colour and type of life rafts and pyrotechnics;

(b)

details of emergency medical supplies;

(c)

water supplies; and

(d)

the type and frequencies of the emergency portable radio equipment.

76. Flight recorder records

An operator shall ensure, to the extent possible, in the event that the aeroplane becomes involved in an accident or incident, the preservation of all related flight recorder records and, where necessary, the associated flight recorders, and their retention in safe custody pending their disposition as determined in accordance with the Civil Aviation (Aircraft Accident and Incident) Regulations, Security

77. Security requirements An AOC holder shall

ensure that all appropriate personnel are familiar with and comply with the relevant requirements of the national security programmes of Uganda, for the protection of aircraft, facilities and personnel from unlawful interference

78. Security of flight crew compartment
(1)

Where an aircraft is equipped with a flight crew compartment door, the door shall be capable of being locked and means shall be provided by which cabin crew members can discreetly notify the flight crew in the event of suspicious activity or security breaches in the cabin.

(2)

An AOC holder shall ensure that a passenger carrying aeroplane- (a) of a maximum certificated take-off mass in excess of 54 500 kg; (b) of a maximum certificated take-off mass in excess of 45 500 kg with a passenger seating capacity greater than nineteen; or (c) with a passenger seating capacity greater than sixty, is equipped with an approved flight crew compartment door that is designed to resist penetration by small firearms and grenade shrapnel, and to resist forcible intrusions by unauthorised persons, and the door shall be capable of being locked and unlocked from either pilot's station.

(3)

Where an aeroplane is equipped with a flight crew compartment door in accordance with subregulation(1)- (a) the door shall be closed and locked from the time all external doors are closed following embarkation until any such door is opened for disembarkation, except when necessary to permit access and egress by authorised persons; and (b) means shall be provided for monitoring from the cockpit, the entire door area outside the flight crew compartment to identify persons requesting entry and to detect suspicious behaviour or potential threat.

(4)

In all aeroplanes which are equipped with a flight crew compartment door in accordance with subregulation (3)- (a) the door shall be closed and locked from the time all external doors are closed following embarkation until any such door is opened for disembarkation, except when necessary to permit access and egress by authorised persons; and (b) means shall be provided for monitoring from either pilot's station, the entire door area outside the flight crew compartment to identify persons requesting entry and to detect suspicious behavior or potential threat.

79. Aeroplane search procedure checklist
(1)

An AOC holder shall ensure that there is on board the AOC holder's aircraft, a checklist of the procedures to be followed in searching for a bomb in case of suspected sabotage and for inspecting aircraft for concealed weapons, explosives or other dangerous devices when a well-founded suspicion exists that the aircraft may be the object of an act of unlawful interference.

(2)

The checklist referred to in subregulation (1) shall be supported by guidance on the appropriate course of action to be taken should a bomb or suspicious object be found and information on the least-risk bomb location specific to the aircraft.

(3)

Specialised means of attenuating and directing the blast shall be provided for use at the least risk bomb location.

80. Security training programmes
(1)

An AOC holder shall establish and maintain an approved security training programme which ensures crew members act in the most appropriate manner to minimize the consequences of acts of unlawful interference.

(2)

The security training programme specified in subregulation(1) shall, as a minimum include- (a) determination of the seriousness of any occurrence; (b) crew communication and coordination; (c) appropriate self-defense responses; (d) use of non-lethal protective devices assigned to crew members whose use is authorised by the authority; (e) understanding of behavior of terrorists so as to facilitate the ability of crew members to cope with hijacker behavior and passenger responses; (f) live situational training exercises regarding various threat conditions; (g) flight crew compartment procedures to protect the aeroplane ; and (h) aeroplane search procedures and guidance on least-risk bomb locations, where practicable.

(3)

An AOC holder shall establish and maintain a training programme to acquaint appropriate personnel with preventive measures and techniques in relation to passengers, baggage, cargo, mail, equipment, stores and supplies intended for carriage on an aircraft so that they contribute to the prevention of acts of sabotage or other forms of unlawful interference.

81. Reporting acts of unlawful interference

The PIC or in the PIC's absence, the AOC holder shall submit, without delay, a report of an act of unlawful interference on board an aircraft to the designated local authority and the authority, following an act of unlawful interference on board an aircraft.

82. Provisions for stowing of weapons
(1)

The operator shall provide for use at the least-risk bomb location specialised means of attenuating and directing the blast.

(2)

Where the operator accepts the carriage of weapons removed from passengers, the aeroplane shall have provision for stowing such weapons in a place so that they are inaccessible to any person during flight time.

Dangerous Goods

83. Specific approval to transport dangerous goods An AOC holder shall not transport dangerous goods unless issued with a specific approval to do so by

the authority and in compliance with the requirements of these Regulations and the applicable Civil Aviation (Safe Transport of Dangerous Goods by Air) Regulation 2022.

84. Compliance with Technical Instructions (1) An AOC holder shall-

(a)

comply with the provisions of the Technical Instructions for the Safe Transport of Dangerous Goods by Air- ICAO Doc. 9284 on all occasions when dangerous goods are carried, irrespective of whether the flight is wholly or partly within or outside Uganda; and

(b)

review and comply with the appropriate variations notified by Contracting States contained in Attachment 3 to the Technical Instructions, where dangerous goods are to be transported outside Uganda.

(2)

Articles and substances which would otherwise be classified as dangerous goods are excluded from the provisions of this Part, to the extent specified in the Technical Instructions, provided they are-

(a)

required to be on board the aircraft for operating reasons;

(b)

carried as catering or cabin service supplies;

(c)

carried for use in flight as veterinary aid or as a humane killer for an animal; or

(d)

carried for use in flight for medical aid for a patient, provided that- (i) gas cylinders have been manufactured specifically for the purpose of containing and transporting that particular gas; (ii) drugs, medicines and other medical matter are under the control of trained personnel during the time when they are in use in the aircraft; (iii) equipment containing wet cell batteries is kept and, when necessary, secured in an upright position to prevent spillage of the electrolyte; (iv) proper provision is made to stow and secure all the equipment during take-off and landing and at all other times when deemed necessary by the PIC in the interests of safety; or (v) they are carried by passengers or crew members.

(3)

Articles and substances intended as replacements for those specified in subregulation (3)(a) may be transported on an aircraft as specified in the Technical Instructions.

(4)

Where specifically provided for in the Technical Instructions, the authority may grant an approval, provided that in such instances, an overall level of safety in transport which is equivalent to the level of safety provided for in the Technical Instructions is achieved. (5) The authority may grant an exemption from the Technical Instructions, provided that in such instances every effort shall be made to achieve an overall level of safety in transport which is equivalent to the level of safety provided for in the Technical Instructions in instances- (a) of extreme urgency; (b) when other forms of transport are inappropriate; or (c) when full compliance with the prescribed requirements is contrary to the public interest.

(6)

In case of over-flight, if none of the criteria for granting an exemption are relevant, an exemption may be granted based solely on whether it is believed that an equivalent level of safety in air transport has been achieved.

(7)

An Air Operator shall comply with the provisions of the Technical Instructions which are published during the specified period of applicability of the edition, subject to subregulation (1),

85. Operators with no specific approval for

transport of dangerous goods as cargo An Air Operator with no specific approval to transport dangerous goods shall establish (a) a dangerous goods training programme that meets the requirements in the Civil Aviation (Safe Transport of Dangerous Goods by Air) Regulation, 2022 on safe

transport of dangerous goods, the current ICAO Technical Instructions, and the requirements of these Regulations; (b) dangerous goods policies and procedures in its operations manual to meet the ICAO Technical Instructions and these Regulations to allow operator personnel to- (i) identify and reject undeclared dangerous goods, including COMAT classified as dangerous goods; and (ii) report to the appropriate authorities of the State of the operator and the State in which it occurred any occasions when undeclared dangerous goods are discovered in cargo or mail and dangerous goods accidents and incidents.

86. Operators with specific approval for transport

of dangerous goods as cargo An AOC holder with a specific approval for the transport of dangerous goods shall (a) establish a dangerous goods training programme that meets the requirements of the Technical Instructions and the requirements of these Regulations;

(b)

include in the operator's operations manuals, dangerous goods training programme;

(c)

establish dangerous goods policies and procedures in its operations manual to meet the Technical Instructions and the Civil Aviation (Safe Transport of Dangerous Goods by Air) Regulation, 2022, to enable operator personnel to-

(i)

identify and reject undeclared or mis-declared dangerous goods, including COMAT classified as dangerous goods; and

(ii)

report to the appropriate authorities of the State of the Operator and the State in which it occurred, any occasions when undeclared or mis-declared dangerous goods are discovered in cargo or mail and dangerous goods accidents and incidents.

(d)

report to the appropriate authorities of the State of the operator and the State of origin any occasions when dangerous goods are discovered to have been carried when not loaded, segregated, separated or secured in accordance with the Technical Instructions and without information having been provided to the pilot-in-command;

(e)

accept, handle, store, transport, load and unload dangerous goods, including COMAT classified as dangerous goods as cargo on board an aircraft;

(f)

provide the pilot-in-command with accurate and legible written or printed information concerning dangerous goods that are to be carried as cargo; and

(g)

include in the operator's Safety Management System, procedures for carriage of dangerous goods.

87. Postal operators transporting dangerous goods
(1)

An AOC holder approved to transport dangerous goods by mail shall establish-

(a)

procedures for transport of dangerous goods by air in mail; and (b) dangerous goods training programmes approved by the authority.

(2)

For entities other than operators and designated postal operators the dangerous goods training programme shall be approved by the authority.

88. Limitations on transport of dangerous goods
(1)

An AOC holder shall take reasonable measures to ensure that articles and substances- (a) that are specifically identified by name or generic description in the Technical Instructions as being forbidden for transport under any circumstances are not carried on any aircraft; or (b) that are identified in the Technical Instructions as being forbidden for transport in normal circumstances are transported only when- (i) they are exempted by the Contracting States concerned under the provisions of the Technical Instructions; or (ii) the Technical Instructions indicate they may be transported under an approval issued by the State of Origin of the goods.

(2)

Dangerous goods and infected live animals identified in the technical instructions are forbidden on aircraft unless exempted by the authority or where the Technical Instructions indicate that they may be transported under an approval granted by the State of origin.

89. Classification of dangerous goods An AOC

holder shall take all reasonable measures to ensure that articles and substances are classified as dangerous goods as specified in the Technical Instructions

90. Packing
(1)

An AOC holder shall ensure that- (a) packaging used for the transport of dangerous goods by air is of good quality and constructed and securely closed so as to prevent leakage which might be caused in normal conditions of transport due to changes in temperature, humidity, pressure or vibration;

(b)

packaging is suitable for the contents, and packaging in direct contact with dangerous goods shall be resistant to any chemical or other action of such goods; (c) packaging meets the material and construction specifica- tions in the Technical Instructions; (d) packaging is tested in accordance with the Technical Instructions; (e) no harmful quantity of a dangerous substance shall adhere to the outside packaging; (f) packaging for which retention of a liquid is a basic function is capable of withstanding, without leaking, the pressure stated in the Technical Instructions; and (g) inner packaging is packed, secured or cushioned so as to prevent its breakage or leakage and to control its movement within the outer packaging during normal conditions of air transport and the cushioning and absorbent materials will not react dangerously with the contents of the packaging.

(2)

An AOC holder shall not reuse packaging unless the packaging is inspected and found free from corrosion or other damage and where a packaging is reused, all necessary measures shall be taken to prevent contamination of subsequent contents.

(3)

Where, due to the nature of its former contents, uncleaned empty packaging is likely to present a hazard, the packaging shall be tightly closed and treated according to the hazard it constitutes.

91. Labelling and marking
(1)

An AOC holder shall take reasonable measures to ensure that packages, over packs and freight containers are labelled and marked as specified in the Technical Instructions.

(2)

Unless otherwise provided for in the Technical Instructions-

(a)

each package of dangerous goods shall be marked with the proper shipping name of its contents and, when assigned, the UN number and such other markings as may be specified in the Technical Instructions; and

(b)

each packaging manufactured to a specification contained in the Technical Instructions shall be so marked in accordance with the appropriate provisions of the Instructions and no packaging shall be marked with a packaging specification marking unless it meets the appropriate packaging specification contained in the Instruction.

(3)

The AOC holder shall ensure that labelling and marking are in English and where another language is used, an English translation shall be included where dangerous goods are carried on a flight which takes place wholly or partly outside Uganda.

92. Separation and segregation of dangerous goods

An AOC holder shall ensure that (a) packages containing dangerous goods which might react dangerously one with another shall not be stowed on an aircraft next to each other or in a position that would allow interaction between them in the event of leakage;

(b)

packages of toxic and infectious substances shall be stowed on an aircraft in accordance with the provisions of the Technical Instructions; and (c) packages of radioactive materials shall be stowed on an aircraft so that they are separated from persons, live animals and undeveloped film, in accordance with the Technical Instructions.

93. Securing of dangerous goods cargo loads
(1)

The operator shall protect dangerous goods from being damaged and shall secure the goods in the aircraft in such a manner that will prevent any movement in flight which would change the orientation of the packages when the goods are loaded in an aircraft.

(2)

For packages containing radioactive materials, the securing shall be adequate to ensure that the separation requirements of regulation 90 are complied with.

94. Dangerous goods transport document An AOC

holder shall ensure that (a) dangerous goods are accompanied by a dangerous goods transport document, except where otherwise specified in the Technical Instructions;

(b)

the dangerous goods transport document bears a declaration signed by the person who offers dangerous goods for transport indicating that the dangerous goods are fully and accurately described by their proper shipping names and that they are classified, packed, marked, labelled, and in proper condition for transport by air in accordance with the Technical Instructions; and

(c)

where dangerous goods are carried on a flight which takes place wholly or partly outside Uganda, that English is used and where another language is used, an English translation shall be included for the dangerous goods transport document.

95. Acceptance of dangerous goods An AOC

holder shall not accept dangerous goods for transport unless the package, over pack or freight container has been inspected in accordance with the acceptance procedures as stipulated in the Technical Instructions

96. Acceptance checklist An AOC holder shall develop and use an acceptance checklist as an aid to compliance with

these Regulations

97. Inspection for damage leakage or contamination

An AOC holder shall ensure that (a) packages, overpacks and freight containers are inspected for evidence of leakage or damage immediately prior to loading on an aircraft or into a unit load device or ULD, as specified in the Technical Instructions; (b) a unit load device is not loaded on an aircraft unless it has been inspected as required by the Technical Instructions and found free from any evidence of leakage from, or damage to, the dangerous goods contained therein; (c) leaking or damaged packages, over packs or freight containers are not loaded on an aircraft; (d) any package of dangerous goods found on an aircraft and which appears to be damaged or leaking is removed, or arrangements made for its removal by an appropriate authority or organisation; (e) after removal of any leaking or damaged goods, the remainder of the consignment is inspected to ensure it is in a proper condition for transport and that no damage or contamination has occurred to the aircraft or its load; and (f) packages, over packs and freight containers are inspected for signs of damage or leakage upon unloading from an aircraft or from a unit load device and, if there is evidence of damage or leakage, the area where the dangerous goods were stowed shall be inspected for damage or contamination.

98. Removal of contamination An AOC holder shall ensure that
(a)

any contamination found as a result of the leakage or damage of dangerous goods is removed without delay; and

(b)

an aircraft which has been contaminated by radioactive materials is immediately taken out of service and not returned until the radiation level at any accessible surface and the nonfixed contamination are not more than the values specified in the Technical Instructions.

99. Loading restrictions An AOC holder shall ensure that
(a)

dangerous goods are not carried in an aircraft cabin occupied by passengers or in the cockpit, unless otherwise specified in the Technical Instructions;

(b)

dangerous goods are loaded, segregated, stowed, and secured on an aircraft as specified in the Technical Instructions; and (c) packages of dangerous goods bearing the "cargo aircraft only" label shall be loaded in accordance with the Technical Instructions.

100. Provision of information
(1)

An AOC holder shall ensure that- (a) information is provided to enable ground staff to carry out their duties with regard to the transport of dangerous goods, including the actions to be taken in the event of incidents and accidents involving dangerous goods; (b) where applicable, the information referred to in paragraph (a) is also provided to the handling agent; (c) information is promulgated as required by the Technical Instructions so that passengers are warned as to the types of goods which they are forbidden from being transported on board an aircraft and, where applicable, the handling agent shall ensure that notices are provided at acceptance points for cargo giving information about the dangerous goods;

(d)

information is provided in the operations manual to enable crew members to carry out their responsibilities regarding the transport of dangerous goods, including the actions to be taken in the event of emergencies involving dangerous goods; and (e) the PIC is provided with written information on dangerous goods carried on board the aircraft in the manner and form specified in the Technical Instructions.

(2)

An AOC holder who is involved in an aircraft incident or accident shall- (a) as soon as possible, inform the authority and the appropriate authority of the State in which the aircraft incident or accident occurred of any dangerous goods carried on board the aircraft; and (b) on request by the authority, provide any information required to minimise the hazards created by any dangerous goods carried; (c) ensure that all personnel, including third party personnel, involved in the acceptance, handling, loading and unloading of cargo are informed of the operator's specific approval and limitations with regard to the transport of dangerous goods;

101. Training programmes
(1)

An AOC holder shall-

(a)

establish, maintain, and have approved by the authority, staff training programmes, as required by the Technical Instructions;

(b)

ensure that staff engaged in operations are categorised and trained in the manner provided under Table 1 set out in Schedule 8 to these Regulations, where he or she does not hold an approval to carry dangerous goods; (c) ensure that all staff who require dangerous goods training receive recurrent training at intervals of no longer than two years; (d) ensure that the records of dangerous goods training are maintained for all staff trained in accordance with this regulation; and (e) ensure that his or her handling agent's staff are trained in accordance with the applicable column of Table 1 or Table 2 set out in Schedule 8 to these Regulations.

(2)

An AOC holder with specific approval to carry dangerous goods shall ensure that staff engaged in operations are categorised and trained in the manner provided under Table 2 set out in Schedule 8 to these Regulations.

102. Dangerous goods incident and accident reports An AOC holder shall report to

the authority (a) dangerous goods incidents and accidents; and

(b)

undeclared or misdeclared dangerous goods discovered in the cargo or passenger baggage within seventy-two hours of the incident, accident or discovery, unless exceptional circumstances prevent reporting within the time stipulated.

103. Information in the event of aircraft

accident or serious incident (1) The operator of an aircraft carrying dangerous goods as cargo shall provide information, without delay, to emergency services responding to an accident or serious incident about the dangerous

goods on board, as shown on the written information to the pilot-incommand in the event of an aircraft accident or a serious incident where dangerous goods carried as cargo may be involved.

(2)

The operator shall, as soon as practicable, also provide the information in subregulation (1) to the appropriate authorities of the State of the operator and the State in which the accident or serious incident occurred.

(3)

In the event of an aircraft incident, the operator of an aircraft carrying dangerous goods as cargo shall, when requested to do so, provide information without delay to emergency services responding to the incident and to the appropriate authority of the State in which the incident occurred, about the dangerous goods on board, as shown on the written information to the pilot-in-command.

104. Dangerous goods security measures
(1)

The operator shall comply with dangerous goods security measures applicable to shippers, operators and other individuals engaged in the transport of dangerous goods by air, to be taken to minimize theft or misuse of dangerous goods that may endanger persons, property or the environment.

(2)

The dangerous goods security measures referred to in subregulation(1) shall be commensurate with security provisions specified in the Civil Aviation (Security) Regulations, 2022 and the Technical Instructions.

Cargo Compartment Safety

105. Transport of items in cargo compartment
(1)

An AOC holder shall establish a policy and procedures for the transport of items in the cargo compartment, which shall include the conduct of a specific safety risk assessment. (2) The safety risk assessment specified in subregulation (1) shall include at least the-

(a)

hazards associated with the properties of the items to be transported; (b) capabilities of the operator; (c) operational considerations, including area of operations, diversion time; (d) capabilities of the aeroplane and its systems, including cargo compartment fire suppression capabilities; (e) containment characteristics of unit load devices; (f) packing and packaging; (g) safety of the supply chain for items to be transported; and (h) quantity and distribution of dangerous goods items to be transported.

(3)

The AOC holder shall comply with the requirements for the transport of dangerous goods as specified in Civil Aviation (Safe Transport of Dangerous Goods by Air) Regulation, 2022.

106. Fire protection
(1)

The elements of the cargo compartment fire protection system as approved by the State of Design or State of Registry, and a summary of the demonstrated cargo compartment fire protection certification standards, shall be provided in the aeroplane flight manual or other documentation supporting the operation of the aeroplane.

(2)

The AOC holder shall establish policy and procedures that address the items to be transported in the cargo compartment.

(3)

The policy and procedures specified in subregulation (2) shall ensure, to a reasonable certainty, that in the event of a fire involving items in the cargo compartment, it can be detected and sufficiently suppressed or contained by the elements of the aeroplane design associated with cargo compartment fire protection, until the aeroplane makes a safe landing.

Part VI

107. Application For purposes of

this part "helicopter" includes engines, power transmissions, rotors, components, accessories, instruments, equipment and apparatus including emergency equipment

108. Operator's continuing airworthiness responsibilities
(1)

An AOC holder shall ensure that in accordance with the procedures acceptable to the authority- (a) each helicopter operated is maintained in an airworthy condition; (b) the operational and emergency equipment necessary for the intended flight is serviceable; and (c) the certificate of airworthiness of the helicopter operated remains valid.

(2)

The AOC holder shall not operate a helicopter unless maintenance of the helicopter, including any associated engine, rotor and part, is carried out by- (a) an organisation compliant with the Civil Aviation (Approved Maintenance Organisations) Regulations, 2022 that is either approved by the authority or is approved by another Contracting State and is acceptable by the authority; or (b) a qualified person or organisation in accordance with procedures authorised by the authority subject to paragraph (a) and (b) there shall be maintenance release in relation to the maintenance carried out.

(3)

The AOC holder shall employ a qualified person or group of persons to ensure that all maintenance is carried out in accordance with the maintenance control manual.

(4)

The AOC holder shall ensure that the maintenance of his or her helicopter is performed in accordance with the maintenance programme approved by the authority.

109. Operator's maintenance control manual An AOC holder shall
(a)

provide, for the use and guidance of maintenance and operational personnel concerned, a maintenance control manual acceptable to the authority in accordance with the requirements prescribed in Schedule 7 to these Regulations, and the design of the manual shall observe human factors principles;

(b)

ensure that the maintenance control manual is amended as necessary to keep the information contained in the maintenance control manual is up to date;

(c)

furnish promptly to all organisations or persons to whom the manual has been issued, copies of all amendments to the maintenance control manual; and

(d)

provide to the authority and to the State of Registry of the aircraft if different from the authority the operator's maintenance control manual, together with all amendments or revisions to it and shall incorporate in it such mandatory material as the State of Operator or the State of Registry may require.

110. Maintenance programme An AOC holder shall
(a)

provide, for the use and guidance of maintenance and operational personnel concerned, a maintenance programme, approved by the authority, containing the information required in regulation 118;

(b)

ensure that the design and application of the maintenance programme observes human factors principles; and

(c)

furnish promptly, to all organisations or persons to whom the maintenance programme has been issued, copies of all amendments to the maintenance programme.

111. Continuing airworthiness records
(1)

The operator shall ensure that the following records are kept for the periods specified in these Regulations-

(a)

the total time, in service, hours, calendar time and cycles, as appropriate, of the helicopter and all life-limited components;

(b)

the current status of compliance with all mandatory continuing airworthiness information;

(c)

appropriate details of modifications and repairs to the helicopter and its major components;

(d)

the time, in service hours, calendar time and cycles, as appropriate, since the last overhaul of the helicopter or its components subject to a mandatory overhaul life;

(e)

the current status of the helicopter's compliance with the maintenance programme; and

(f)

the detailed maintenance records to show that all requirements for a maintenance release have been met.

(2)

The records referred to in paragraph (a) to (e) of subregulation(1) shall be kept for a minimum period of ninety days after the unit to which they refer has been permanently withdrawn from service, and the records in subregulation (1)(f), for a minimum period of one year after the signing of the maintenance release.

(3)

In the event of a temporary change of operator, the records shall be made available to the new operator, and in the event of any permanent change of operator, the records shall be transferred to the new operator. (4) Records kept and transferred in accordance with this regulation shall be maintained in a form and format that ensures readability, security and integrity of the records at all times. (5) The form and format of the records may include, for example, paper records, film records, electronic records or any combination thereof.

112. Continuing airworthiness information
(1)

The operator of a helicopter over 3,175 kg maximum mass shall monitor and assess maintenance and operational experience with respect to continuing airworthiness and provide the information as prescribed by the State of Registry and report through the system specified in the Civil Aviation (Airworthiness of Aircraft) Regulations, 2022.

(2)

The operator of a helicopter over 3,175 kg maximum mass shall obtain and assess continuing airworthiness information and recommendations available from the organisation responsible for the type design and shall implement resulting actions considered necessary in accordance with a procedure acceptable to the State of Registry.

113. Modifications and repairs
(1)

The operator of a helicopter shall ensure that all modifications and repairs comply with airworthiness requirements specified in the Civil Aviation (Airworthiness of Aircraft) Regulations, 2022.

(2)

The operator a helicopter shall establish procedures in the maintenance control manual to ensure that the substantiating data supporting compliance with the airworthiness requirements are retained.

114. Maintenance release
(1)

The approved maintenance organisation shall issue the maintenance release in accordance with the Civil Aviation (Approved Maintenance Organisations) Regulations, 2022, when maintenance is carried out by an approved maintenance organisation.

(2)

When maintenance is not carried out by an approved maintenance organisation, the maintenance release shall be completed and signed by a person appropriately licenced in accordance with the Civil Aviation (Personnel Licensing) Regulations, 2022 to certify that the maintenance work performed has been completed satisfactorily and in accordance with approved data and procedures acceptable to the authority.

(3)

When maintenance is not carried out by an approved maintenance organisation, the maintenance release shall include the following- (a) basic details of the maintenance carried out, including detailed reference of the approved data used; (b) the date such maintenance was completed; and (c) the identity of the qualified person or persons signing the release.

115. Helicopter maintenance records
(1)

The operator of a helicopter shall ensure that the following records are kept-

(a)

in respect of the entire helicopter, the total time in service;

(b)

in respect of the major components of the helicopter-

(i)

the total time in service;

(ii)

the date of the last overhaul; and

(iii)

the date of the last inspection.

(c)

in respect of those instruments and equipment, the serviceability and operating life of which are determined by their time in service- (i) such records of the time in service as are necessary to determine their serviceability or to compute their operating life; and (ii) the date of the last inspection.

(2)

The records specified in subregulation (1) shall be kept for a period of ninety days after the end of the operating life of the unit to which they refer.

Helicopter Manuals, Logs and Records

116. Flight manual
(1)

An AOC holder shall ensure that a flight manual is updated by implementing the changes made mandatory by the authority.

(2)

The flight manual shall contain the information specified in the Civil Aviation (Airworthiness of Aircraft) Regulations, 2022.

117. Operator's maintenance control manual An AOC's

maintenance control manual which may be issued in separate parts shall contain the following information (a) a description of the procedures including, where applicable- (i) a description of the administrative arrangements between the operator and the approved maintenance organisation; and (ii) a description of the maintenance procedures and the procedures for completing and signing a maintenance release when maintenance is based on a system other than that of an approved maintenance organisation;

(b)

names and duties of the qualified person or persons required by regulation 108 (3); (c) a reference to the maintenance programme required by regulation 110 (1); (d) a description of the methods used for the completion and retention of the operator's maintenance records required by regulation 111; (e) a description of the procedures for monitoring, assessing, and reporting maintenance and operational experience required by regulation 112(2); (f) a description of the procedures for complying with the service information reporting requirements for airworthiness required by regulation 112 (1); (g) a description of procedures for assessing continuing airworthiness information and implementing any resulting actions as required by regulation 112 (2); (h) a description of the procedures for implementing action resulting from mandatory continuing airworthiness information; (i) a description of establishing and maintaining a system of analysis and continued monitoring of the performance and efficiency of the maintenance programme, in order to correct any deficiency in that programme; (j) a description of helicopter types and models to which the manual applies; (k) a description of procedures for ensuring that unserviceability's affecting airworthiness are recorded and rectified; (l) a description of the procedures for advising the authority of significant in-service occurrences;

(m)

a description of procedures to control the leasing of aircraft and related aeronautical products; and (n) a description of the maintenance control manual amendment procedures.

118. Maintenance programme
(1)

A maintenance programme for each helicopter as required by regulation 110 shall contain the following information- (a) maintenance tasks and the intervals at which these tasks are to be performed, taking into account the anticipated utilisation of the helicopter; (b) where applicable, a continuing structural integrity programme; and (c) procedures for changing or deviating from paragraphs (a) and (b); and (d) where applicable, condition monitoring and reliability programme descriptions for helicopter systems, components, power transmissions, rotors and engines.

(2)

The operator shall identify maintenance tasks and intervals that have been specified as mandatory in approval of the type design.

(3)

The maintenance programme shall be based on maintenance programme information made available by the State of Design or by the organisation responsible for the type design, and any additional applicable experience.

119. Journey logbook
(1)

A helicopter journey logbook shall contain the following items and the corresponding roman numerals- (a) I - Helicopter nationality and registration; (b) II - Date;

(c)

III - Names of crew members; (d) IV - Duty assignments of crew members; (e) V - Place of departure; (f) VI - Place of arrival; (g) VII - Time of departure; (h) VIII - Time of arrival; (i) IX - Hours of flight;. (j) X - Nature of flight -private, scheduled or non-scheduled; (k) XI - Incidents, observations, if any; and (l) XII - Signature of person in charge.

(2)

The PIC shall, make current and in ink or indelible pencil, entries in the journey logbook.

(3)

A completed journey logbook shall be retained to provide a continuous record of the last six months' operations.

120. Records of emergency and survival equipment carried
(1)

An AOC holder shall at all times have available for immediate communication to rescue coordination centres, lists containing information on the emergency and survival equipment carried on board any of their helicopters engaged in international air navigation.

(2)

The information specified in subregulation (1) shall as applicable include- (a) the number, colour and type of life rafts and pyrotechnics; (b) details of emergency medical supplies; and (c) water supplies and the type and frequencies of the emergency portable radio equipment.

121. Flight recorder records An AOC holder shall ensure, to the extent possible, in the event the helicopter becomes involved in an accident or incident, the preservation of all related

flight recorder records and, where necessary, the associated flight recorders, and their retention in safe custody pending their disposition as determined in accordance with the Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2022.

122. Helicopter search procedure checklist
(1)

An operator shall ensure that there is on board a helicopter, a checklist of the procedures to be followed in searching for a bomb or a suspicious object in case of suspected sabotage.

(2)

The checklist specified in subregulation (1) shall be supported by guidance on the course of action to be taken should a bomb or suspicious object be found.

123. Training programmes
(1)

An operator shall establish and maintain a training programme- (a) which enables crew members to act in the most appropriate manner to minimise the consequences of acts of unlawful interference; (b) to acquaint appropriate employees with preventive measures and techniques in relation to passengers, baggage, cargo, mail, equipment, stores and supplies intended for carriage on a helicopter so that they contribute to the prevention of acts of sabotage or other forms of unlawful interference.

(2)

As a minimum, a security training programme shall include the following elements for it to be approved by the authority- (a) determination of the seriousness of any occurrence;

(b)

crew communication and coordination; (c) appropriate self-defense responses; (d) use of non-lethal protective devices assigned to crew members whose use is authorised by the authority; (e) understanding of behaviour of terrorists so as to facilitate the ability of crew members to cope with hijacker behaviour and passenger responses; (f) live situational training exercises regarding various threat conditions; and (g) flight crew compartment procedures to protect the aeroplane and the aeroplane search procedures and guidance on least-risk bomb locations where practicable.

124. Reporting acts of unlawful interference The

pilot-in-command shall submit, without delay, a report of an act of unlawful interference to the designated local authority, following an act of unlawful interference

Part VII

140. Revocation of S.I No. 22 of 2020, savings and transitional
(1)

The Civil Aviation (Air Operator Certification and Administration) Regulations, S.I. No. 22 of 2020 are revoked.

(2)

A certificate, authorisation, approval or exemption granted under the Regulations revoked by subregulation (1) and which is in force immediately before the commencement of these Regulations, shall have effect and shall continue in force as if granted under these Regulations, until it expires or is cancelled by the authority.

(3)

Notwithstanding the continuance of a certificate, authorisation, exemption or approval granted under subregulation (2), a person who, at the commencement of these Regulations is carrying out any act, duty or operation affected by these Regulations shall, within six months from the commencement of these Regulations, or within such longer period as the Minister may, by notice in the Gazette prescribe, comply with the requirements of these Regulations.

(4)

Notwithstanding regulation 134, a person granted certificate, authorisation, exemption or other approval, continued under subregulation (2) who does not comply with the requirements of these Regulations within the time prescribed under subregulation (3), shall have the certificate, authorisation, exemption or approval cancelled by the authority.

SCHEDULES

SCHEDULE 1 Regulation 2

CURRENCY POINT

A currency point is equivalent to twenty thousand shillings.

SCHEDULE 2 Regulations 8(2) AIR OPERATOR CERTIFICATE (AOC)

PART A

1. PURPOSE AND SCOPE

1.1 The AOC and its associated specific operations specifications shall contain the minimum information required in this Schedule in a standardised format. 1.2 The AOC and its associated operations specifications shall define the operations for which the operator is authorised, including specific approvals, conditions and limitations.

2. FORMAT OF AIR OPERATOR CERTIFICATE (AOC)

AIR OPERATOR CERTIFICATE 1 REPUBLIC OF UGANDA 2 1

UGANDA CIVIL AVIA- TION AUTHORITY 3

AOC # 4: OPERATOR NAME 6: OPERATIONAL POINTS OF CONTACT 10 UG/CAA/ Dba trading name 7: Operator address 8: Contact details, at which …………………. operational management Telephone 9: can be contacted without Expiry date 5: Fax: undue delay, are listed in ____________11. E-mail:

This certificate certifies that ______________________12. is authorised to perform commercial air operations, as defined in the attached operations specifications, in accordance with the operations manual and the _______________________13 .

Date of issue 14…….. Name ………………………………………………….

Signature 15:……………………………………………..

Title:…………………………………………………….

2.1 A certified true copy of the AOC shall be carried on board. Notes.-

1. For use of the State of the Operator

The text of this section isn't in the consolidation we hold — see the original PDF above.

2. Replace with the name of the State of the Operator

The text of this section isn't in the consolidation we hold — see the original PDF above.

3. Replace with the identification of the

issuing authority of the State of the Operator.

4. Unique AOC number, as issued by the State of the Operator

The text of this section isn't in the consolidation we hold — see the original PDF above.

5. Date after which the AOC ceases to be valid (dd-mm-yyyy)

The text of this section isn't in the consolidation we hold — see the original PDF above.

6. Replace with the operator's registered name

The text of this section isn't in the consolidation we hold — see the original PDF above.

7. Operator's trading name, if different. Insert

"dba" before the trading name (for "doing business as").

8. Operator's principal place of business address

The text of this section isn't in the consolidation we hold — see the original PDF above.

9. Include the country code. E-mail to be provided if available

The text of this section isn't in the consolidation we hold — see the original PDF above.

10. The contact details include the telephone and fax numbers

including the country code, and the e-mail address (if available) at which operational management can be contacted without undue delay for issues related to flight operations, airworthiness, flight and cabin crew competency, dangerous goods and other matters as appropriate.

11. Insert the controlled document, carried on

board, in which the contact details are listed, with the appropriate paragraph or page reference, e.g.:

"Contact details are listed in the operations manual, Gen/Basic, Chapter 1, 1.1" or "… are listed in the operations specifications, page 1" or "… are listed in an attachment to this document".

12. Operator's registered name

13 Insertion of reference to the appropriate civil aviation regulations.

14. Issuance date of the AOC (dd-mm-yyyy)

The text of this section isn't in the consolidation we hold — see the original PDF above.

15. Title, name and signature of

the authority representative. In addition, an official stamp may be applied on the AOC.

PART B - OPERATIONS SPECIFICATIONS

COMMERCIAL AIR TRANSPORT AEROPLANES

OPERATIONS SPECIFICATIONS FOR EACH AIRCRAFT MODEL

Note: A copy of the operations specifications shall be carried aboard.

For each aircraft model in the operator's fleet, identified by aircraft make, model and series, the following information shall be included: issuing authority contact details, operator name and AOC number, date of issue and signature of the authority representative, aircraft model, types and area of operations, special limitations and specific approvals.

Note: Where specific approvals and limitations are identical for two or more models, these models may be grouped in a single list. The operations specifications layout shall be as follows: Note.- The MEL constitutes an integral part of the operations manual.

OPERATIONS SPECIFICATIONS (Subject to the approved conditions in the operations manual)

UGANDA CIVIL AVIATION AUTHORITY CONTACT DETAILS1 Telephone: ____________ Fax: ___________ E-mail: __________

AOC#2: _________ Operator name3: ________ Date4: __________ Signature: _____________ Dba trading name3: _______________

Aircraft model5:

Types of operation: Commercial air transportation Passengers Cargo Other6: ____________ Area(s) of operation7: Special limitations8:

SPECIFIC APPROVAL YES NO DESCRIPTION9 REMARKS

Dangerous goods

Low visibility operations Approach and landing CAT10: ___ RVR:___ m Take-off DH: ___ ft RVR11: _____ m Operational credit(s) 12

RVSM N/A 13

EDTO14 N/A Threshold time15 _____ minutes Maximum di- version time15 ____ minutes AR Navigation specifica- 16

tions for PBN operations Continuing airworthiness 17

EFB 18

Other19

Notes:

1. Telephone contact details of

the authority, including the country code E-mail and fax to be provided if available.

2. Insert the associated AOC number

The text of this section isn't in the consolidation we hold — see the original PDF above.

3. Insert the operator's registered name and

the operator's trading name if different. Insert "dba" before the trading name (for "doing business as").

4. Issuance date of the operations specifications

(dd-mm-yyyy) and signature of the authority representative.

5. Insert the Commercial Aviation Safety Team
(CAST)

/ICAO designation of the aircraft make, model and series, or master series, if a series has been designated (e.g. Boeing-737-3K2 or Boeing-777-232). The CAST/ ICAO taxonomy is available at: http://www.intlaviationstandards. org/.

6. Other type of transportation to be

specified (e.g. emergency medical service).

7. List the geographical area(s) of authorised

operation (by geographical coordinates or specific routes, flight information region or national or regional boundaries) as defined by the issuing authority.

8. List the applicable special limitations (e.g.

VFR only, day only)

9. List

in this column the most permissive criteria for each specific approval (with appropriate criteria).

10. Insert the applicable precision approach category

(CAT II or III) Insert the minimum RVR in metres and decision height in feet. One line is used per listed approach category.

11. Insert the approved minimum take-off RVR

in metres or the equivalent horizontal visibility if RVR is not used. One line per approval may be used if different approvals are granted.

12. List the airborne capabilities (i.e. automatic

landing, HUD, EVS, SVS CVS) and associated operational credit(s) granted.

13. "Not applicable (N/A)" box may be checked only

if the aircraft maximum ceiling is below FL 290.

14. If extended diversion time operations (EDTO)

specific approval does not apply based on the Civil Aviation (Operation of Aircraft -Commercial Air Transport Aeroplanes) Regulations, 2022 select "N/A". Otherwise a threshold time and maximum diversion time must be specified.

15. The threshold time and maximum diversion

time may also be listed in distance (NM), Details of each particular aeroplane-engine combination for which the threshold time is established and maximum diversion time has been granted may be listed under 'remarks'. One line per approval may be used if different approvals are granted.

16. Performance-based navigation (PBN): one line is

used for each PBN AR navigation specification approval (e.g. RNP AR APCH), with appropriate limitations listed in the "Description" column.

17. Insert the name of the person/organisation

responsible for ensuring that the continuing airworthiness of the aircraft is maintained and the regulation that requires the work, i.e. within the AOC regulation or a specific approval.

18. List the EFB functions used for

the safe operation of aeroplanes and any applicable limitations.

19. Other authorisations or data can be

entered here, using one line (or one multi-line block) per authorisation (e.g. special approach authorisation, approved navigation performance).

Part C

1. Telephone contact details of

the authority, including the country code Email and fax to be provided if available.

2. Insert the associated AOC number

The text of this section isn't in the consolidation we hold — see the original PDF above.

3. Insert the operator's registered name and

the operator's trading name if different. Insert "dba" before the trading name (for "doing business as").

4. Issuance date of the operations specifications

(dd-mm-yyyy) and signature of the authority representative.

5. Insert the Commercial Aviation Safety Team
(CAST)

/ICAO designation of the helicopter make, model and series, or master series, if a series has been designated (e.g. Bell-47G-3 or SIKORSKY-S55). The CAST/ ICAO taxonomy is available at: http://www.intlaviationstandards.org.

6. Other type of transportation to be

specified (e.g. emergency medical service).

7. List the geographical area(s) of authorised

operation (by geographical coordinates or specific routes, flight information region or national or regional boundaries) as defined by the issuing authority.

8. List the applicable special limitations (e.g.

VFR only, day only)

9. List

in this column the most permissive criteria for each specific approval (with appropriate criteria).

10. Insert the applicable instrument approach operation

classified as Type B (CAT II, etc.). Insert the minimum RVR in metres and decision height in feet. One line is used per listed approach category.

11. Insert the approved minimum take-off RVR

in metres, or the equivalent horizontal visibility if RVR is not used. One line per approval may be used if different approvals are granted.

12. List the airborne capabilities (i.e. automatic

landing, HUD, EVS, SVS CVS) and associated operational credit(s) granted.

13. Performance-based navigation (PBN): one line is

used for each PBN AR navigation specification approval (e.g. RNP AR APCH), with appropriate limitations listed in the "Descriptions" column.

14. Insert the name of the person/organisation

responsible for ensuring that the continuing airworthiness of the helicopter is maintained and the regulation that requires the work, i.e. within the AOC regulation or a specific approval (e.g. EC2042/2003, Part M, Subpart G).

15. List the EFB functions used for

the safe operation of helicopters and any applicable limitations.

16. Other authorisations or data can be

entered here, using one line (or one multi-line block) per authorisation (e.g. special approach authorisation, special operations, specification of which performance class (es) the aircraft can be operated in).

SCHEDULE 3

Regulations 35 (1) and 36 (1)(b)

OPERATIONS MANUAL

An operations manual shall include each item set out below which is applicable to the specific operation, unless otherwise approved by the authority.

1. ORGANISATION

The operations manual may be issued in separate parts corresponding to specific aspects of operations and is provided in accordance with the Civil Aviation (Operation of Aircraft-Commercial Air Transport Aeroplanes) Regulations, 2022 and shall be organised and structured as follows- (a) General;

(b)

Aircraft operating information;

(c)

Areas, routes, and aerodromes; and

(d)

Training.

2. CONTENTS

The operations manual referred to in paragraph 1 shall contain at the least the following-

2.1 General

2.1.1 Instructions outlining the responsibilities of operations personnel pertaining to the conduct of flight operations.

2.1.2 Information and policy relating to fatigue management including-

(a)

policies pertaining to flight time, flight duty period, duty period limitations and rest requirements for flight and cabin crew members in accordance with the Civil Aviation (Fatigue Management) Regulations, 2022; and

(b)

where applicable, policy and documentation pertaining to the Operator's Fatigue Risk Management System, (FRMS).

2.1.3 A list of the navigational equipment to be carried, including any requirements relating to operations where performance-based navigation is prescribed.

2.1.4 Where relevant to the operations, the long-range navigation procedures, engine failure procedure for EDTO and the nomination and utilisation of diversion aerodromes.

2.1.5 The circumstances in which a radio listening watch is to be maintained.

2.1.6 The method for determining minimum flight altitudes.

2.1.7 The methods for determining aerodrome operating minima.

2.1.8 Safety precautions during refueling with passengers on board.

2.1.9 Ground handling arrangements and procedures.

2.1.10 Procedures, as prescribed in the Civil Aviation (Aeronautical Search and Rescue) Regulations, 2020, for pilots-in-command observing an accident.

2.1.11 The flight crew for each type of operation including the designation of the succession of command.

2.1.12 Specific instructions for the computation of the quantities of fuel and oil to be carried, taking into account all circumstances of the operation, including the possibility of loss of pressurisation and the failure of one or more engines while en-route.

2.1.13 The conditions under which oxygen shall be used and the amount of oxygen determined in accordance with the Civil Aviation (Operation of Aircraft-Commercial Air Transport Aeroplanes) Regulations, 2022.

2.1.14 Instructions for mass and balance control.

2.1.15 Instructions for the conduct and control of ground de-icing/anti- icing operations.

2.1.16 The specifications for the operational flight plan.

2.1.17 Standard operating procedures (SOPs) for each phase of flight.

2.1.18 Instructions on the use of normal checklists and the timing of their use.

2.1.19 Departure contingency procedures.

2.1.20 Instructions on the maintenance of altitude awareness and the use of automated or flight crew altitude call-out.

2.1.21 Instructions on the use of autopilots and auto-throttles in IMC.

Note.- Instructions on the use of autopilots and auto-throttles, together with limitation on high rates of descent near the surface and instructions and training requirements for the avoidance of controlled flight into terrain and policy for the use of the Ground Proximity Warning System (GPWS) are essential for avoidance of approach and landing accidents and controlled flight into terrain accidents.

2.1.22 Instructions on the clarification and acceptance of ATC clearances, particularly where terrain clearance is involved.

2.1.23 Departure and approach briefings.

2.1.24 Procedures for familiarisation with areas, routes and aerodromes.

2.1.25 Stabilised approach procedure.

2.1.26 Limitation on high rates of descent near the surface.

2.1.27 Conditions required to commence or to continue an instrument approach.

2.1.28 Instructions for the conduct of precision and non-precision instrument approach procedures. 2.1.29 Allocation of flight crew duties and procedures for the management of crew workload during night and IMC instrument approach operations. 2.1.30 Instructions and training requirements for the avoidance of controlled flight into terrain and policy for the use of the Ground Proximity Warning System (GPWS).

2.1.31 Policy, instructions, procedures and training requirements for the avoidance of collisions and the use of the Airborne Collision Avoidance System (ACAS).

Note.- Procedures for the operation of ACAS are contained in PANS-OPS (Doc 8168), Volume I, and in PANS-ATM (Doc 4444), Chapters 12 and 15.

2.1.32 Information and instructions relating to the interception of civil aircraft including- (a) procedures, as prescribed in the Civil Aviation (Rules of the Air) Regulations, 2020 for pilots-in-command of intercepted aircraft; and (b) visual signals for use by intercepting and intercepted aircraft, as contained in Annex 2.

2.1.33 For aeroplanes intended to be operated above 15 000 m (49 000 ft):

(a)

information which will enable the pilot to determine the best course of action to take in the event of exposure to solar cosmic radiation; and

(b)

procedures in the event that a decision to descend is taken, covering-

(i)

the necessity of giving the appropriate ATS unit prior warning of the situation and of obtaining a provisional descent clearance; and

(ii)

the action to be taken in the event that communication with the ATS unit cannot be established or is interrupted.

Note.- Guidance material on the information to be provided is contained in ICAO Circular 126 - Guidance Material on SST Aircraft Operations.

2.1.34 Details of the safety management system (SMS) provided in accordance with the Civil Aviation (Safety Management) Regulations, 2022.

2.1.35 Information and instructions on the carriage of dangerous goods, in accordance with dangerous goods technical instructions, including action to be taken in the event of an emergency.

Note.- Guidance material on the development of policies and procedures for dealing with dangerous goods incidents on board aircraft is contained in Emergency Response Guidance for Aircraft Incidents Involving Dangerous Goods (Doc 9481).

2.1.36 Security instructions and guidance. 2.1.37 The search procedure checklist provided in accordance with regulation 77.

2.1.38 Instructions and training requirements for the use of head-up displays (HUD) and enhanced vision systems (EVS) equipment as applicable. 2.1.39 Instructions and training requirements for the use of the EFB, as applicable.

2.2 Aircraft operating information

2.2.1 Certification limitations and operating limitations. 2.2.2 The normal, abnormal and emergency procedures to be used by the flight crew and the checklists relating thereto as required by regulation 34.

2.2.3 Operating instructions and information on climb performance with all engines operating, if provided in accordance with the Civil Aviation (Operation of Aircraft-Commercial Air Transport Aeroplanes) Regulations, 2022.

2.2.4 Flight planning data for pre-flight and in-flight planning with different thrust/power and speed settings.

2.2.5 The maximum crosswind and tailwind components for each aeroplane type operated and the reductions to be applied to these values having regard to gusts, low visibility, runway surface conditions, crew experience, use of autopilot, abnormal or emergency circumstances, or any other relevant operational factors.

2.2.6 Instructions and data for mass and balance calculations.

2.2.7 Instructions for aircraft loading and securing of load.

2.2.8 Aircraft systems, associated controls and instructions for their use, as required by regulation 35.

2.2.9 The minimum equipment list and configuration deviation list for the aeroplane types operated and specific operations authorised, including any requirements relating to operations where performance-based navigation is prescribed.

2.2.10 Checklist of emergency and safety equipment and instructions for its use.

2.2.11 Emergency evacuation procedures, including type-specific procedures, crew coordination, assignment of crew's emergency positions and the emergency duties assigned to each crew member.

2.2.12 The normal, abnormal and emergency procedures to be used by the cabin crew, the checklists relating thereto and aircraft systems information as required, including a statement related to the necessary procedures for the coordination between flight and cabin crew.

2.2.13 Survival and emergency equipment for different routes and the necessary procedures to verify its normal functioning before take- off, including procedures to determine the required amount of oxygen and the quantity available.

2.2.14 The ground-air visual signal code for use by survivors, as contained in the Civil Aviation (Aeronautical Search and Rescue) Regulations, 2020.

2.3 Routes and aerodromes

2.3.1 A route guide to ensure that the flight crew will have, for each flight, information relating to communication facilities, navigation aids, aerodromes, instrument approaches, instrument arrivals and instrument departures as applicable for the operation and such other information as the operator may deem necessary for the proper conduct of flight operations.

2.3.2 The minimum flight altitudes for each route to be flown.

2.3.3 Aerodrome operating minima for each of the aerodromes that are likely to be used as aerodromes of intended landing or as alternate aerodromes.

2.3.4 The increase of aerodrome operating minima in case of degradation of approach or aerodrome facilities.

2.3.5 Instructions for determining aerodrome operating minima for instrument approaches using HUD and EVS.

2.3.6 The necessary information for compliance with all flight profiles required by regulations, including, the determination of:

(a)

take-off runway length requirements for dry, wet and contaminated conditions, including those dictated by system failures which affect the take-off distance;

(b)

take-off climb limitations;

(c)

en-route climb limitations;

(d)

approach climb limitations and landing climb limitations;

(e)

landing runway length requirements for dry, wet and contaminated conditions, including systems failures which affect the landing distance; and

(f)

supplementary information, such as tire speed limitations.

2.4 Training

2.4.1 Details of the flight crew training programme.

2.4.2 Details of the cabin crew duties training programme.

2.4.3 Details of the flight operations officer or flight dispatcher training programme when employed in conjunction with a method of flight supervision.

SCHEDULE 4

AIRCRAFT OPERATING MANUAL Regulation 37(3)

An aircraft operating manual shall contain at least the following-

1.0 General information and units of measurement 1.1 General Information (e.g. aircraft dimensions), including a description of the units of measurement used for the operation of the aircraft type concerned and conversion tables.

2.0 Limitations 2.1 Certification and operational limitations A description of the certified limitations and the applicable operational limitations including- (a) certification status; (b) an approved-passenger seating configuration for each aircraft type including a pictorial presentation; (c) types of operation that are approved (e.g. IFR/VFR, CAT II/III, flights in known icing conditions etc.); (d) crew composition; (e) operating within mass and centre of gravity limitations; (f) speed limitations; (g) flight envelopes; (h) wind limits, including operations on contaminated runways; (i) performance limitations for applicable configurations; (j) runway slope; (k) limitations on wet or contaminated runways; (l) airframe contamination; and (m) post landing.

3.0 Operating procedures 3.1 Normal procedures The normal procedures and duties assigned to the crew, the appropriate checklists, the system for use of the checklists and a statement covering the necessary co-ordination procedures between flight and cabin crew. The following normal procedures and duties shall be included- (a) pre-flight; (b) pre-departure and loading; (c) altimeter setting and checking; (d) taxi, take-off and climb; (e) noise abatement; (f) cruise and descent; (g) approach, landing preparation and briefing; (h) VFR approach; (i) instrument approach; (j) visual approach and circling: (k) missed approach; (l) normal landing; (m) post landing; and (n) operation on wet and contaminated runways.

3.2 Specific cockpit procedures (a) Determining airworthiness of aircraft; (b) Obtaining flight release; (c) Initial cockpit preparation; (d) Standard operating procedures; (e) Cockpit discipline;

(f)

Standard call-outs; (g) Communications; (h) Flight safety; (i) Push-back and towing procedures; (j) Taxi guidelines and ramp signals; (k) Take-off and climb out procedures; (l) Choice of runway; (m) Take-off in limited visibility; (n) Take-off in adverse weather; (o) Use and limitations of weather radar; (p) Use of landing lights; (q) Monitoring of flight instruments; (r) Power settings for take-off; (s) Malfunctions during take-off; (t) Rejected take-off decision; (u) Climb, best angle, best rate; (v) Sterile cockpit procedures; (w) En route and holding procedures; (x) Cruise control; (y) Navigation log book; (z) Descent, approach and landing procedures; (aa) Standard call-outs; (bb) Reporting maintenance problems; (cc) How to obtain maintenance and service en route.

3.3 Abnormal and emergency procedures The manual shall contain a listing of abnormal and emergency procedures assigned to crew members with appropriate check-lists that include a system for use of the check-lists and a statement covering the necessary co-ordination procedures between flight and cabin crew. The following abnormal and emergency procedures and duties shall be included- (a) crew incapacitation; (b) fire and smoke drills; (c) unpressurised and partially pressurised flight; (d) exceeding structural limits such as overweight landing; (e) exceeding cosmic radiation limits; (f) lightning strikes; (g) distress communications and alerting ATC to emergencies;

(h)

engine failure;

(i)

system failures;

(j)

guidance for diversion in case of serious technical failure;

(k)

ground proximity warning;

(1)

TCAS warning;

(m)

wind shear;

(n)

emergency landing/ditching;

(o)

aircraft evacuation;

(p)

fuel jettisoning and overweight landing-

(i)

general considerations and policy; (ii) fuel jettisoning procedures and precautions;

(q)

emergency procedures- (i) emergency decent; (ii) low fuel; (iii) dangerous goods incident or accident; (r) interception procedures; (s) emergency signal for cabin attendants; and (t) communication procedures. 4.0 Performance data

4.1 Performance data shall be provided in a form in which it can be used without difficulty.

4.2 Performance material which provides the necessary data to allow the flight crew to comply with the approved aircraft flight manual performance requirements shall be included to allow the determination of-

(a)

take-off climb limits - mass, altitude, temperature;

(b)

take-off field length (dry, wet, contaminated);

(c)

net flight path data for obstacle clearance calculation or, where applicable, take-off flight path;

(d)

gradient losses for banked climb outs;

(e)

en route climb limits;

(f)

approach climb limits;

(g)

landing climb limits;

(h)

landing field length (dry, wet, contaminated) including the effects of an inflight failure of a system or device, if it affects the landing distance;

(i)

brake energy limits; and

(j)

speeds applicable for the various flight stages (also considering wet or contaminated runways).

4.3 Supplementary performance data

Supplementary data covering flights in icing conditions. Any certified performance related to an allowable configuration, or configuration deviation, such as anti-skid inoperative, shall be included.

4.4 Other acceptable performance data

If performance data, as required for the appropriate performance class, is not available in the approved AFM, then other data acceptable to the authority shall be included. Alternatively, the operations manual may contain crossreference to the approved data contained in the AFM where such data is not likely to be used often or in an emergency.

4.5 Additional performance data

Additional performance data where applicable including- (a) all engine climb gradients; (b) radio listening watch; (c) drift-down data; (d) effect of de-icing/anti-icing fluids; (e) flight with landing gear down; (f) for aircraft with three or more engines, one engine inoperative ferry flights; and (g) flights conducted under the provisions of a configuration deviation list (CDL).

5.0 Flight planning

5.1 Flight planning data

Data and instructions necessary for pre-flight and inflight planning including factors such as speed schedules and power settings. Where applicable, procedures for engine(s) out operations, ETOPS and flights to isolated airports shall be included.

5.2 Fuel calculations The method for calculating fuel needed for the various stages of flight.

6.0 Mass and balance

6.1 Calculating mass and balance Instructions and data for the calculation of mass and balance including- (a) calculation system (e.g. Index system); (b) information and instructions for completion of mass and balance documentation, including manual and computer generated types; (c) limiting mass and centre of gravity of the various versions; and (d) dry operating mass and corresponding centre of gravity or index.

7.0 Loading

7.1 Loading procedures Procedures and provisions for loading and securing the load in the aircraft.

7.2 Loading dangerous goods The operations manual shall contain a method to notify the PIC when dangerous goods are loaded in the aircraft.

8.0 Survival and emergency equipment including oxygen

8.1 List of survival equipment to be carried A list of the survival equipment to be carried for the routes to be flown and the procedures for checking the serviceability of the equipment prior to takeoff. Instructions regarding the location, accessibility and use of survival and emergency equipment and its associated check list(s) shall also be included.

8.2 Oxygen usage The procedure for determining the amount of oxygen required and the quantity that is available. The flight profile, number of occupants and possible cabin decompression shall be considered. The information provided shall be in a form in which it can be used without difficulty.

8.3 Emergency equipment usage A description of the proper use of the following emergency equipment- (a) life jackets;

(b)

life rafts;

(c)

medical kits/first aid kits;

(d)

survival kits;

(e)

emergency locator transmitter (ELT);

(f)

visual signaling devices;

(g)

evacuation slides; and

(h)

emergency lighting.

9.0 Emergency evacuation procedures

9.1 Instructions for emergency evacuation Instructions for preparation for emergency evacuation including, crew coordination and emergency station assignment.

9.2 Emergency evacuation procedures A description of the duties of all members of the crew for the rapid evacuation of an aircraft and the handling of the passengers in the event of a forced landing, ditching or other emergency.

10.0 Aircraft systems A description of the aircraft systems, related controls and indications and operating instructions.

11.0 Route and airport instructions and information (optional for this manual)

11.1 Instructions and information Instructions and information relating to communications, navigation and airports including minimum flight levels and altitudes for each route to be flown and operating minima for each airport planned to be used, including-

(a)

minimum flight level/altitude;

(b)

operating minima for departure, destination and alternate airports;

(c)

communication facilities and navigation aids;

(d)

runway data and airport facilities;

(e)

approach, missed approach and departure procedures including noise abatement procedures;

(f)

communications-failure procedures;

(g)

search and rescue facilities in the area over which the aircraft is to be flown;

(h)

a description of the aeronautical charts that shall be carried on board in relation to the type of flight and the route to be flown, including the method to check their validity;

(i)

availability of aeronautical information and MET services;

(j)

en-route COM/NAV procedures, including holding; and

(k)

airport categorisation for flight crew competence qualification.

SCHEDULE 5 CABIN CREW MEMBER MANUAL Regulation 49 1.0 General 1.1 Manual record of revision sheet and effective list of pages 1.2 How to use the manual 1.3 Where to obtain revisions 1.4 How to revise the manual 1.5 Cabin crew members' responsibilities regarding the manual 2.0 Organisation 2.1 Duties and responsibilities of each airline employee 2.2 Focal points for all company procedural and training manuals 3.0 Government regulations and requirements and related company policies 3.1 Routine/normal operating procedures 4.0 Passenger handling 4.1 Handicapped and disabled passengers 4.2 Interference 4.3 Current security procedures 4.4 Carriage of assist animals versus carriage of pets (company policy)

5.0 General emergency procedures 5.1 Decompression 5.2 Procedures for planned and unplanned evacuation on land and in water- (a) cabin preparation; (b) securing of cabin and galley; (c) review of passenger safety procedures and survival equipment; (d) brace positions; (e) able-bodied passenger briefing and procedures; 5.3 Brace Positions for Passengers and Crew- (a) forward and aft seats; (b) high and low density seating; Categories of staff Aspects of transport of dangerous goods 13 14 15 16 17 by air with which

5.4 Abnormal procedures (a) Engine torching; (b) Passenger initiation of evacuation; (c) Passenger reporting of unsafe conditions of aircraft or other passengers;

5.5 Turbulence 6.0 First aid 6.1 Illness and Injuries 6.2 Symptoms 6.3 Immediate Treatment 6.4 Universal Precautions 6.5 Blood borne Pathogens 6.6 Use of Medical Equipment and First Aid Equipment

7.0 Aircraft specific sections (This should include one section for each type of aircraft to include differences within the same type of aircraft).

7.1 Description of Particular Aircraft from Nose to Tail (a) Description (b) Operation (c) Pre-flight of all equipment, including passenger convenience item through emergency equipment, stowage areas and placarding.

7.2 Reporting Procedures of Inoperative Equipment and Emergencies Procedures Specific to Each Aircraft Type

8.0 International rules/regulations/paperwork

Categories of staff Aspects of transport of dangerous goods by air with which 13 14 15 16 17 they should be familiar, as a minimum

General philosophy X X X X X

Limitations X X X X X

Labelling and marking X X X X X

Dangerous goods transport document and other X relevant documentation

Recognition of undeclared dangerous goods X X X X X

Provisions for passengers and crew X X X X X

Emergency procedures X X X X X Note: 'X' indicates an area to be covered.

CATEGORY OF STAFF:

13 -Operators and ground handling agents staff accepting cargo or mail (other than dangerous goods). 14 - Operators and ground handling agents staff involved in the handling, storage and loading of cargo or mail and ( other than dangerous goods) and baggage. 15 -Passenger-handling staff. 16 - Flight crew members, loadmasters, load planners and flight operations officers/flight dispatchers. 17 - Crew members (other than flight crew members).

TABLE 2

Shippers, Operators and Security and packers Freight forwarders ground handling agents staff Categories of staff

Aspects of transport of dangerous be familiar, as a 1 2 3 4 5 6 7 8 9 10 11 12 minimum General philosophy x x x x x x x x x x x x Limitations x x x x x x x x x x x General requirements for x x x shippers Classification x x x x x List of dangerous goods x x x x x

Packing requirements x x x x Labelling and marking x x x x x x x x x x x x Dangerous goods transport document and other relevant x x x x x documentation Acceptance procedures x Recognition of undeclared dangerous goods x x x x x x x x x x x x

Storage and loading procedures x x x x

Pilots' notification x x x Provisions for passengers and x x x x x x x x x x x x crew Emergency procedures x x x x x x x x x x x x

Note: "X" indicates an area to be covered CATEGORY:

1 - Shippers and persons undertaking the responsibilities of shippers.

2 - Packers.

6 - Operator's staff accepting dangerous goods.

7 - Operator's staff accepting cargo or mail (other than dangerous goods).

8 - Operator's staff involved in the handling, storage and loading of cargo or mail and baggage.

9 - Passenger-handling staff.

10 - Flight crew members, loadmasters, load planners and flight operations officer/flight dispatcher.

11 - Crew members (other than flight crew members).

12 - Security staff who are involved with the screening of passengers and crew and their baggage and cargo or mail (e.g security screeners, their supervisors and staff involved in implementing security procedures)

SCHEDULE 6

FLIGHT SAFETY DOCUMENTS SYSTEM

Regulation 62(2)

1. Introduction

1.1 The guidelines in this Schedule address the major aspects of an operator's flight safety documents system development process, with the aim of ensuring compliance with these Regulations.

1.2 The guidelines are based not only upon scientific research, but also upon current best industry practices, with an emphasis on a high degree of operational relevance.

2. Organisation

2.1 A flight safety documents system shall be organised according to criteria, which ensure easy access to information, required for flight and ground operations contained in the various operational documents comprising the system and which facilitate management of the distribution and revision of operational documents.

2.2 Information contained in a flight safety documents system shall be grouped according to the importance and use of the information, as follows: (a) time critical information, e.g., information that can jeopardize the safety of the operation if not immediately available; (b) time sensitive information, e.g., information that can affect the level of safety or delay the operation if not available in a short time period; (c) frequently used information; (d) reference information, e.g., information that is required for the operation but does not fall under (b) or (c) above; and (e) information that can be grouped, based on the phase of operation in which it is used.

2.3 Time critical information shall be placed early and prominently in the flight safety documents system.

2.4 Time critical information, time sensitive information, and frequently used information shall be placed in cards and quick-reference guides.

3. Validation

A flight safety documents system shall be validated before deployment, under realistic conditions. Validation shall involve the critical aspects of the information use, in order to verify its effectiveness. Interactions among all groups that can occur during operations shall also be included in the validation process.

4. Design

4.1 A flight safety documents system shall maintain consistency in terminology and in the use of standard terms for common items and actions.

4.2 Operational documents shall include a glossary of terms, acronyms and their standard definition, updated on a regular basis to ensure access to the most recent terminology. All significant terms, acronyms and abbreviations included in the flight documents system shall be defined.

4.3 A flight safety documents system shall ensure standardisation across document types, including writing style, terminology, use of graphics and symbols, and formatting across documents. This includes a consistent location of specific types of information, consistent use of units of measurement and consistent use of codes.

4.4 A flight safety documents system shall include a master index to locate, in a timely manner, information included in more than one operational document.

Note. The master index must be placed in the front of each document and consist of no more than three levels of indexing. Pages containing abnormal and emergency information must be tabbed for direct access.

4.5 A flight safety documents system shall comply with the requirements of the operator's quality system, if applicable.

5. Deployment

Operators shall monitor deployment of the flight safety documents system to ensure appropriate and realistic use of the documents, based on the characteristics of the operational environment and in a way which is both operationally relevant and beneficial to operational personnel. The monitoring shall include a formal feedback system for obtaining input from operational personnel.

6. Amendment

6.1 Operators shall develop an information gathering, review, distribution and revision control system to process information and data obtained from all sources relevant to the type of operation conducted, including, but not limited to, the State of the Operator, State of design, State of Registry, manufacturers and equipment vendors.

Note.- Manufacturers provide information for the operation of specific aircraft that emphasizes the aircraft systems and procedures under conditions that may not fully match the requirements of operators. Operators shall ensure that such information meets their specific needs and those of the local authority.

6.2 Operators shall develop an information gathering, review and distribution system to process information resulting from changes that originate within the operator, including: (a) changes resulting from the installation of new equipment; (b) changes in response to operating experience; (c) changes in an operator's policies and procedures; (d) changes in an operator certificate; and (e) changes for purposes of maintaining cross fleet standardisation.

Note.- Operators shall ensure that crew coordination philosophy, policies and procedures are specific to their operation.

6.3 A flight safety documents system shall be reviewed: (a) on a regular basis (at least once a year); (b) after major events (mergers, acquisitions, rapid growth, downsizing, etc.); (c) after technology changes (introduction of new equipment); and (d) after changes in safety regulations.

6.4 Operators shall develop methods of communicating new information. The specific methods shall be responsive to the degree of communication urgency.

Note.- As frequent changes diminish the importance of new or modified procedures, it is desirable to minimize changes to the flight safety documents system.

6.5 New information shall be reviewed and validated considering its effects on the entire flight safety documents system.

6.6 The method of communicating new information shall be complemented by a tracking system to ensure currency by operational personnel. The tracking system shall include a procedure to verify that operational personnel have the most recent updates.

SCHEDULE 7

AIR OPERATOR'S MAINTENANCE CONTROL MANUAL

Regulations 65, 73, 109 and 117

Each AOC applicant and AOC holder shall submit and maintain a maintenance control manual containing at least the information set out below.

The manual may be put together in any subject order and subjects combined so long as all applicable subjects are covered.

1.0 Administration and Control of the Maintenance Control Manual

1.1 Introduction (a) A statement that the manual complies with all applicable Authority regulations and requirements and with the terms and conditions of the applicable AOC. (b) A statement that the manual contains maintenance and operational instructions that are to be complied with by the relevant personnel in the performance of their duties. (c) A list and brief description of the various Maintenance Control Manual parts, their contents, applicability and use. (d) Explanations and definitions of terms and words used in the manual.

1.2 System of revision A maintenance control manual shall- (a) describe who is responsible for the issuance and insertion of amendments and revisions; (b) provide a record of revisions with insertion dates and effective dates; (c) have a statement that hand-written revisions are not permitted, except in situations requiring immediate revision in the interest of safety;

(d)

give description of the system for the annotation of pages and their effective dates; (e) have a list of effective pages and their effective dates; (f) have an annotation of changes (on text pages and as practicable, on charts and diagrams); (g) have a system for recording temporary revisions; (h) have copies of all revisions to the operator's maintenance control manual furnished promptly to all organisations or persons to whom the manual has been issued; and (i) have a statement of who is responsible for notifying the authority of proposed changes and working with the authority on changes requiring authority approval.

2.0 General organisation 2.1 Corporate commitment by the AOC. 2.2 General information (a) Brief description of organisation. (b) Relationship with other organisations. (c) Fleet composition - Type of operation. (d) Line station locations.

2.3 Maintenance management personnel (a) Accountable manager. (b) Nominated Post holders. (c) Maintenance co-ordination. (d) Duties and responsibilities. (e) Organisation chart(s). (f) Manpower resources and training policy.

2.4 Notification procedure to the authority regarding changes to the maintenance arrangements locations, personnel, activities, or approval.

3.0 Maintenance procedures 3.1 Aircraft logbook utilisation and MEL application. 3.2 Aircraft maintenance programme - development and amendment. 3.3 Time and maintenance records, responsibilities, retention. 3.4 Accomplishment and control of mandatory continued airworthiness information (Airworthiness Directives). 3.5 Analysis of the effectiveness of the maintenance programme. 3.6 Non-mandatory modification embodiment policy. 3.7 Major modification standards. 3.8 Defect reports. (a) Analysis. (b) Liaison with manufacturers and Regulatory Authorities; and (c) Deferred defect policy. 3.9 Engineering activity. 3.10 Reliability programmes. (a) Airframe. (b) Propulsion. (c) Components.

3.11 Pre-flight inspection (a) Preparation of aircraft for flight. (b) Sub-contracted ground handling functions. (c) Security of cargo and baggage loading. (d) Control of refueling, Quantity or Quality. (e) Control of snow, ice, dust and sand contamination to an approved aviation standard.

3.12 Aircraft weighing. 3.13 Flight test procedures.

3.14 Sample of documents, tags and forms used. 3.15 Appropriate portions of the AOC holder's operations manual. (a) A description of the procedures required by regulation 20 including, when applicable-

(i)

a description of the administrative arrangements between the operator and the approved maintenance organisation; and

(ii)

a description of the maintenance procedures and the procedures for completing and signing a maintenance release when maintenance is based on a system other than that of an approved maintenance organisation.

(b)

Names and duties of the person or persons required by regulation 20.

(c)

A reference to the maintenance programme.

(d)

A description of the methods used for the completion and retention of the operator's maintenance records.

(e)

A description of the procedures for monitoring, assessing and reporting maintenance and operational experience.

(f)

A description of the procedures for complying with the service information reporting requirements of the Civil Aviation (Airworthiness of Aircraft) Regulations, 2022.

(g)

A description of procedures for assessing continuing airworthiness information and implementing any resulting actions.

(h)

A description of the procedures for implementing action resulting from mandatory continuing airworthiness information.

(i)

A description of establishing and maintaining a system of analysis and continued monitoring of the performance and efficiency of the maintenance programme, in order to correct any deficiency in that programme.

(j)

A description of aircraft types and models to which the manual applies. (k) A description of procedures for ensuring that unserviceability affecting airworthiness are recorded and rectified; and (l) A description of the procedures for advising the State of Registry of significant in-service occurrences.

SCHEDULE 8

DANGEROUS GOODS TRAINING PROGRAMME

Regulation 101 TABLE 1

Categories of staff Aspects of transport of dangerous goods by air 13 14 15 16 17 with which they should be familiar, as a minimum General philosophy X X X X X

Limitations X X X X X

Labelling and marking X X X X X Dangerous goods transport document and other X relevant documentation Recognition of undeclared dangerous goods X X X X X

Provisions for passengers and crew X X X X X

Emergency procedures X X X X X

Note: 'X' indicates an area to be covered.

CATEGORY:

13 - Operators and ground handling agents staff accepting cargo or mail (other than dangerous goods). 14 - Operators and ground handling agents staff involved in the handling, storage and loading of cargo or mail and (other than dangerous goods) and baggage. 15 - Passenger-handling staff. 16 - Flight crew members, loadmasters, load planners and flight operations officers/flight dispatchers. 17 - Crew members (other than flight crew members).

TABLE 2

Shippers, Operators and Security and packers Freight forwarders ground handling agents staff

Categories of staff

Aspects of transport of dangerous be familiar, as 1 2 3 4 5 6 7 8 9 10 11 12 a minimum General philosophy x x x x x x x x x x x x Limitations x x x x x x x x x x x General requirements for x x x shippers Classification x x x x x List of dangerous goods x x x x x Packing requirements x x x x Labelling and marking x x x x x x x x x x x x Dangerous goods transport document x x x x x and other relevant documentation Acceptance procedures x Recognition of undeclared dangerous x x x x x x x x x x x x goods Storage and loading x x x x procedures Pilots' notification x x x Provisions for passengers x x x x x x x x x x x x and crew Emergency procedures x x x x x x x x x x x x

Note: "X" indicates an area to be covered

CATEGORY:

1 - Shippers and persons undertaking the responsibilities of shippers. 2 - Packers. 6 - Operator's staff accepting dangerous goods.

7 - Operator's staff accepting cargo or mail (other than dangerous goods). 8 - Operator's staff involved in the handling, storage and loading of cargo or mail and baggage. 9 - Passenger-handling staff. 10 - Flight crew members, loadmasters, load planners and flight operations officer/flight dispatcher. 11 - Crew members (other than flight crew members). 12 - Security staff who are involved with the screening of passengers and crew and their baggage and cargo or mail (e.g security screeners, their supervisors and staff involved in implementing security procedures)

SCHEDULE 9

OFFENCES AND PENALTIES Regulation 139(9), (10) and (11) REG. TITLE PART NO. 4 Compliance with an Air Operator Certificate requirements B 10 Amendment of Air Operator Certificate A 11 Access for inspection A 12 Conducting tests and inspections A 19 Submission and revision of policy and procedure manuals A 20 Retention and maintenance of personnel and other records A 21 Inspection of personnel and other records A 22 Flight recorders records A 24 Authorised aircraft B 26 Dry leasing of foreign registered aircraft A 41 Required cabin crew members A 42 Carriage of special situation passengers A 60 Routes and areas of operation A 61 En-route navigational facilities A 64 Operators continuing airworthiness responsibilities A 66 Maintenance programme A 70 Approved maintenance organisations A 71 Maintenance release A 74 Journey logbook A 83 Specific approval to transport dangerous goods B 84 Compliance with Technical Instructions A 88 Limitations on transport of dangerous goods A 89 Classification of dangerous goods A 90 Packing A 91 Labelling and marking A

94 Dangerous goods transport document A 95 Acceptance of dangerous goods A 97 Inspection for damage, leakage or contamination A 98 Removal of contamination A 99 Loading restrictions A 100 Provision of information A 102 Dangerous goods incident and accident reports A 129 Inspection of air operator certificate or authorisation A 131 Drug and alcohol testing and reporting A 133 Use and retention of documents and records B 135 Enforcement of directives B

Cross references Criminal Procedure Code Act, Cap. 116 Civil Aviation (Aeronautical Search and Rescue) Regulations, 2020, S.I. No. 12 of 2020 Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2022, S.I. No. 66 of 2022 Civil Aviation (Aircraft Instruments and Equipment) Regulations, 2022, S.I. No. 75 of 2022 Civil Aviation (Airworthiness of Aircraft) Regulations, 2022, S.I. No. 77 of 2022 Civil Aviation (Approved Maintenance Organisations) Regulations, 2022, S.I. No. 78 of 2022 Civil Aviation (Fatigue Management) Regulations, 2022, S.I. No. 82 of 2022 Civil Aviation (Licensing of Air Services) Regulations, 2001, S.I. No. 72 of 2001 Civil Aviation (Meteorological Services for Air Navigation) Regulations, 2022, S.I. No. 83 of 2022 Civil Aviation (Personal Licensing) Regulations, 2022, S.I. No. 89 of 2022 Civil Aviation (Rules of the Air) Regulations, 2020, S.I. No. 15 of 2020 Civil Aviation (Operation of Aircraft - Commercial Air Transport Aeroplanes) Regulations, 2022, S.I. No. 84 of 2022 Civil Aviation (Safe Transport of Dangerous Goods by Air) Regulations, 2022, S.I. No. 90 of 2022 Civil Aviation (Safety Management) Regulations, 2022, S.I. No. 91 of 2022 Civil Aviation (Security) Regulations, 2022, S.I. No. 92 of 2022

GEN. EDWARD KATUMBA-WAMALA (MP) Minister for Works and Transport.

STATUTORY INSTRUMENTS SUPPLEMENT No. 34 12th August, 2022

STATUTORY INSTRUMENTS SUPPLEMENT to The Uganda Gazette No. 50, Volume CXV, dated 12th June, 2022 Printed by UPPC, Entebbe, by Order of the Government.

S T A T U T O R Y I N S T R U M E N T S

2022 No. 81.

THE CIVIL AVIATION (COMMERCIAL AIR TRANSPORT BY FOREIGN AIR OPERATORS WITHIN UGANDA) REGULATIONS, 2022 ARRANGEMENT OF REGULATIONS Regulation

Part I

1. Title

These Regulations may be cited as the Civil Aviation (Commercial Air Transport by Foreign Air Operators within Uganda) Regulations, 2022.

2. Application These Regulations apply to the operation of a foreign air operator civil aircraft within Uganda for the purpose of commercial air transport operations by the foreign air operator, whose air operator certificate is issued and controlled by a civil aviation authority other than the authority.

3. Interpretation

In these Regulations, unless the context otherwise requires - "Act" means the Civil Aviation Authority Act, Cap 354;

"acts of unlawful interference" means an act or attempted act to jeopardise the safety of civil aviation and air transport, including- (a) unlawful seizure of an aircraft in flight or on the ground;

(b)

destroying an aircraft in service or causing damage to the aircraft which renders it incapable of flight or which is likely to endanger its safety in flight; (c) hostage taking on board an aircraft or at an airport; (d) forcible intrusion on board an aircraft at an airport or on the premises of an aeronautical facility; (e) introduction on board an aircraft or at an airport of a weapon or hazardous device or material intended for criminal purposes; (f) use of an aircraft in service for the purpose of causing death, serious bodily injury, or serious damage to property or the environment; (g) unauthorised possession at an airport, or unauthorised introduction on board an aircraft, of a weapon or hazardous device or material; (h) destroying or damaging air navigation facilities or interfering with their operation, if any such act is likely to endanger the safety of aircraft in flight; (i) violence against a person on board an aircraft in flight; if that act is likely to endanger the safety of that aircraft; (j) communicating information which is known to be false, thereby endangering the safety of an aircraft in flight or on the ground, of passengers, crew, ground personnel or the general public at an airport or on the premises of a civil aviation facility; (k) unlawfully and intentionally using any device, substance or weapon- (i) to perform an act of violence against a person at an airport serving civil aviation which causes or is likely to cause serious injury or death;

(ii)

to destroy or seriously damage the facilities of an airport serving civil aviation or an aircraft not in service located at the airport or disrupting the services of the airport, if that act endangers or is likely to endanger safety at that airport; "aerodrome" means any definite and limited ground or water area (including any building, installation and equipment) used or intended to be used, either wholly or in part, for the arrival or departure or surface movement of aircraft; "aeroplane" means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;

"AFM" means the Aircraft Flight Manual; "aircraft" means a machine that derives support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth's surface; "Approved Maintenance Organisation (AMO)" means an organisation approved to perform specific aircraft maintenance activities by the authority; "Air Operator Certificate (AOC)" means a certificate authorising an operator to carry out specified commercial air transport operations; "article" means any item, including an aircraft, airframe, aircraft engine, propeller, appliance, accessory, assembly, subassembly, system, subsystem, component, unit, product or part; "authorised person" means a person authorised by the authority either generally or in relation to a particular case or class of cases and includes references to the holder of any office designated by the authority;

"authority" means the Civil Aviation Authority, established under section 3 of the Act;

" cabotage" means the right to operate air transport between two places in Uganda;

"certificate of release to service" means a document that contains a certification that inspection and maintenance work has been performed satisfactorily in accordance with the methods prescribed by the authority;

"commercial air transport operation" means an aircraft operation that involves the transportation of passengers, cargo or mail for remuneration or hire;

"crew member" means a person assigned by the operator to duty on an aircraft during a flight duty period;

"currency point" has the value assigned to it in Schedule 1 to these Regulations; "dangerous goods" means articles or substances which are capable of posing a risk to health, safety, property or the environment and which are shown in the list of dangerous goods in the Technical Instructions or which are classified according to those Instructions;

"flight crew member" means a licensed crew member charged with duties essential to the operation of an aircraft during flight time;

"flight plan" means specified information provided to air traffic services units, relative to an intended flight or a portion of a flight of an aircraft; "flight time" means the total time from the moment an aircraft first moves under its own power for the purpose of taking off until the moment it comes to rest at the end of the flight;

"foreign air operator" means an operator, not being a Ugandan air operator, who undertakes, whether directly or indirectly or by lease or any other arrangement engages in commercial air transport operations in and out of Uganda, whether on a scheduled or charter basis;

"foreign authority" means the civil aviation authority that issues and oversees the Air Operator Certificate (AOC) of the foreign air operator;

"ICAO" means the International Civil Aviation Organisation;

"inspection" means the examination of an aircraft or aircraft component to establish conformity with a standard approved by the authority;

"Instrument Meteorological Conditions (IMC)" means meteorological conditions expressed in terms of visibility, distance from cloud and ceiling as defined in the Civil Aviation (Rules of the Air) Regulations, 2020 less than the minima specified for visual meteorological conditions;

"maintenance" means the performance of tasks on an aircraft, engine, propeller or associated part required to ensure the continuing airworthiness of an aircraft engine, propeller or associated part including any one or combination of overhaul, inspection, replacement, defect rectification and the embodiment of a modification or repair;

"Minimum Equipment List (MEL)" means a list which provides for the operation of aircraft, subject to specified conditions, with equipment inoperative, prepared by an operator in conformity with, or more restrictive than, the MMEL established for the aircraft type;

"night" means the hours between the end of evening civil twilight

and the beginning of morning civil twilight or the time between fifteen minutes after sunset and fifteen minutes before sunrise, sunrise and sunset being determined at surface level, and includes any time between sunset and sunrise when an unlighted aircraft or other unlighted prominent object cannot be clearly seen at a distance of 4,572 metres; "NOTAM" means Notice to Airmen;

"operational flight plan" means the plan of the operator for the safe conduct of the flight based on considerations of aeroplane performance, other operating limitations and relevant expected conditions on the route to be followed and at the aerodromes concerned;

"operations manual" means a manual containing procedures, instructions and guidance for use by operational personnel in the execution of their duties;

"operations specifications" means a document containing authorisations, conditions, limitations and other provisions with which an air operator must comply;

"package" means the complete product of the packing operation consisting of the packaging and its contents prepared for transport;

"Pilot-In-Command (PIC)" means the pilot designated by the operator, or in the case of general aviation, the owner, as being in command and charged with the safe conduct of a flight;

"Pre-flight Information Bulletin (PIB)" means a presentation of current NOTAM information of operational significance, prepared prior to flight;

"propeller" means a device for propelling an aircraft that has blades on a powerplant driven shaft and when rotated, produces by its action on the air, a thrust approximately perpendicular to its plane of rotation and includes control components normally supplied by its manufacturer, but does not include main and auxiliary rotors or rotating airfoils of powerplants;

"repair" means the restoration of an aircraft, engine, propeller or associated part to an airworthy condition in accordance with the appropriate airworthiness requirements after it has been damaged or subjected to wear;

"RFM" means Rotorcraft Flight Manual; "standard" means an object, artifact, tool, test equipment, system or experiment that stores, embodies or otherwise provides a physical quantity, which serves as the basis for measurement of the quantity and it includes a document describing the operations and process that must be performed in order for a particular end to be achieved; "State of design" means the contracting State which approved the original type certificate and any subsequent supplemental type certificates for an aircraft or which approved the design of an aeronautical product or appliance; "State of the operator" means the State in which the principal place of business of the operator is located or, if there is no such place of business, the permanent residence of the operator;

"State of registry" means the State in whose register the aeroplane is entered;

"Technical Guidance Materials (TGM)" means any guidance published by the authority that assists in illustration of meanings of a requirement or specification and is used

to support the interpretation of regulations, advisory circulars, forms of aviation industry and orders, checklists and manuals for authority inspectors; "technical instructions" means the latest effective edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc.9284-AN/905), including the supplement and any addendum, approved and published by decision of the Council of the ICAO; "technical logbook" means a document carried on an aircraft that contains information to meet ICAO requirements; a technical logbook contains two independent sections, a journey record section and an aircraft maintenance record section; "training programme" means a programme that consists of courses, courseware, facilities, flight training equipment and personnel necessary to accomplish a specific training objective; it may include a core curriculum and a specialty curriculum; "Visual Meteorological Conditions (VMC)" means meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling equal to or better than specified minima.

Part II

4. Compliance with requirements

A foreign air operator shall not engage in commercial air transport operations in Uganda contrary to these Regulations and the requirements- (a) in the standards contained in the Annexes to the Convention on International Civil Aviation, adopted by the State of registry and State of the operator where the operation is to be conducted; and (b) any other requirements that the authority may specify in the Aeronautical Information Publications.

5. Authority to inspect
(1)

A foreign air operator shall permit a person authorised by the authority to access without prior notice, his or her aircraft operated for commercial air transport within Uganda for the purposes of- (a) inspecting the documents and manuals required by these Regulations; (b) conducting an inspection of the aircraft; and (c) taking appropriate action where necessary to preserve the safety.

(2)

Where the authority identifies non-compliance or suspected non-compliance by a foreign air operator of the laws, regulations or procedures applicable within Uganda or identifies a serious safety issue with the foreign air operator, the authority shall immediately notify the foreign air operator and, where the issue warrants it, the State of air operator.

(3)

Subject to subregulation (2), where the State of air operator and the State of registry are different, the notification shall be made to the State of registry.

(4)

In the case of a notification to the States as specified in subregulation (3), where the issue and its resolution warrant it, the State in which the operation is conducted shall engage in consultations with the State of the operator and the State of registry, as applicable, concerning the safety standards maintained by the foreign air operator.

(5)

Inspections shall be conducted in accordance with the requirements of these Regulations and the applicable checklist on safety assessment of Foreign Air Aircraft.

(6)

The findings from the inspection shall be resolved in accordance with the levels of seriousness and related actions, as specified in the applicable Technical Guidance Materials for Safety Assessment of Foreign Air Aircraft.

Approval of Foreign Air Operators in Uganda

6. Application for approval
(1)

A foreign air operator from the territory of another State shall not operate an aircraft in Uganda unless it is authorised by the authority and holds associated operations specifications containing the special limitations and specific approvals issued to it by the foreign authority.

(2)

A foreign air operator who intends to operate in Uganda shall submit an application to the authority in a form and manner specified in the applicable Technical Guidance Materials.

(3)

An application for approval to operate in Uganda shall be accompanied by- (a) a certified copy of a valid foreign air operator certificate and associated operations specifications issued to the foreign air operator by the foreign authority; (b) a copy of the approval page for the MEL for each aircraft type intended to be operated by the foreign air operator in Uganda; (c) a copy of the current certificate of registration and certificate of airworthiness issued for each aircraft type proposed to be operated by the foreign air operator in Uganda; (d) a copy of a valid insurance certificate;

(e)

a copy of the operational procedures and practices of the foreign air operator; (f) a copy of a document that identifies the maintenance checks that are required to be performed on the aircraft of the foreign air operator while they are operating in Uganda;

(g)

a copy of the maintenance contract between the foreign air operator and the AMO, where the maintenance under paragraph (f) is performed by an AMO approved by the foreign authority; (h) a copy of the air service agreement, that contains a "safety clause" specified in Schedule 2 to these Regulations that allows the foreign air operator to operate in Uganda; (i) in the case of wet-leased aircraft, a copy of the approval of the foreign authority of the State of the operator, with identification of the foreign air operator that exercises operational control of the aircraft;

(j)

copy of the proposed foreign air operator security programme; and (k) any other document the authority considers necessary to ensure that the intended operations will be conducted safely. (4) An applicant under these Regulations shall submit the application at least ninenty days before the date of commencement of the intended operation.

7. Conditions for issuance of a Foreign

Air Operator Certificate (1) The authority shall issue a Foreign Air Operator Certificate to a Foreign Air Operator to conduct commercial air operations in Uganda where the authority is satisfied and has confidence in- (a) the validity of the certificates and licences associated with the operator; (b) the personnel and aircraft of the operator; (c) the operational capabilities of the operator; and (d) the level of certification and oversight applied to the activities of the Foreign Air Operator by the foreign authority.

(2)

Where the authority deems it necessary, the authority shall conduct a physical verification.

8. Issuance of Foreign Air Operator Certificate

The Foreign Air Operator Certificate, issued by the authority shall be effective for a period of three years unless- (a) the authority amends, suspends, revokes or otherwise terminates the certificate; (b) the Foreign Air Operator Certificate holder surrenders it to the authority; or (c) the Foreign Air Operator Certificate holder suspends operations for more than sixty days.

9. Contents of Foreign Air Operator Certificate
(1)

A Foreign Air Operator Certificate issued under these Regulations shall contain- (a) the full name of the Foreign Air Operator. (b) the principal business address and contact details for operational management of the Foreign Air Operator; (c) the business address and contact details of the Foreign Air Operator in its State of registration; (d) the date of issuance and expiry of the AOC of the Foreign Air Operator; (e) a statement that the certificate authorises the Foreign Air Operator to operate in the territory of Uganda; (f) a statement that the certificate is issued to the Foreign Air Operator on the basis of the Operator holding a valid AOC and changes to the AOC made by the foreign civil aviation authority that issued and oversees the AOC of the Foreign Air Operator shall be submitted by the Foreign Air Operator in writing to the authority within thirty days of such change;

(g)

a statement that the certificate shall cease to have effect upon expiry, suspension, revocation, cancellation, or equivalent action in respect of the AOC of the Foreign Air Operator's; and

(h)

any additional authorisations, conditions or limitations considered necessary by the authority.

(2)

Any operation specifications issued to a Foreign Air Operator by the foreign civil aviation authority shall be supplementary to these Regulations.

10. Continued validity of Foreign Air Operator Certificate
(1)

A Foreign Air Operator shall, when conducting operations in and to Uganda, ensure that at all times, complies with the requirements of- (a) its operations specifications; (b) its approved aircraft operator security programme; and (c) the security requirements for aircraft operators operating in Uganda.

11. Basing foreign registered aircraft in Uganda

A foreign air operator shall not base a foreign registered aircraft in Uganda for an extended period of thirty days or more while conducting operations within the air space of Uganda unless he or she has made written notification to the authority with the following information (a) the aircraft registration marks; (b) the aircraft make, model and series; (c) the aircraft serial number; (d) the aerodrome where the aircraft is based; (e) the name of the foreign air operator, address and telephone contact; and (f) a copy of a valid aircraft insurance document.

12. Cabotage
(1)

A foreign air operator shall not conduct commercial air transport operations involving cabotage between aerodromes in Uganda.

(2)

A foreign air operator shall not conduct commercial air transport operations from an aerodrome in a foreign country to and from an aerodrome in Uganda unless, the operations are authorised by the authority and in accordance with the fifth freedom specified in the International Air Transit Agreement or as provided in the applicable bilateral agreements.

13. Air traffic rules and procedures
(1)

A PIC of a foreign air operator registered aircraft shall comply with the rules of the air specified in the Civil Aviation (Rules of the Air) Regulations, 2020 and the Civil Aviation (Air Traffic Services) Regulations, 2022. (2) A foreign air operator shall establish procedures to ensure that a PIC complies with the requirements of subregulation (1), and shall check the ability of each PIC to operate the foreign aircraft safely according to the applicable rules and procedures.

14. Operations specifications

A foreign air operator shall conduct its operation in accordance with its operation specifications or equivalent document issued by the State of the operator that is acceptable to the authority Foreign Air Operator Manuals, Documents and Records

15. Aircraft technical log

A foreign air operator shall use an aircraft technical log system that contains the following information for each aircraft (a) information about each flight necessary to ensure continued flight safety; (b) the current aircraft certificate of release to service or an equivalent document;

(c)

the current maintenance statement; and (d) all outstanding deferred defects that affect the operation of the aircraft.

16. Aircraft journey logbook for foreign air operator
(1)

A foreign air operator shall maintain a journey logbook that contains information on each flight, which includes- (a) the aircraft nationality and registration marks; (b) the date of the flight; (c) the names of each crew member; (d) the duty assignments of crew members; (e) the place of departure; (f) the place of arrival; (g) the time of departure; (h) the time of arrival; (i) the duration of the flight; (j) the purpose of the flight; (k) the incident and observations, if any; and (l) the signature of the PIC.

(2)

The authority may waive the requirement of subregulation (1) where the relevant information is available in the aircraft technical log referred to in regulation 15.

(3)

A foreign air operator shall ensure that all entries in the journey logbook are made concurrently and are permanent in nature.

17. Manuals, documents and licences to be carried
(1)

A foreign air operator shall ensure that the following manuals, documents, and licences are carried on every flight into Uganda- (a) a certified copy of the AOC and associated operations specifications, which shall be in the English language;

(b)

the current parts of the operations manual that are relevant to the duties of the crew; (c) the parts of the operations manual that are required for the conduct of a flight, and are easily accessible to the crew on board the aircraft on each flight such as the MEL and information and instructions relating to the interception of aircraft; (d) the current AFM or RFM approved by the State of registry or the aircraft operating manual approved by the State of the operator; the AFM or RFM shall be updated by implementing changes made mandatory by the State of registry received from the State of design; (e) the current certificate of registration and the certificate of airworthiness in force with respect to that aircraft; (f) the appropriate licences of the members of the flight crew and cabin crew, where a cabin crew licence is required by the foreign authority; (g) a noise certificate, where applicable, which will be issued in accordance with ICAO Annex 16, Volume I; (h) appropriate approvals or licences of crew members for aircraft radio operation; (i) the aircraft journey or technical logbook; (j) in the case of a passenger carrying aircraft, a list of the names of the passengers and places of embarkation and destination; (k) loadsheet; (l) valid insurance certificate; (m) certificate of release to service or equivalent document; and (n) pre-flight information bulletin.

(2)

The authority may specify other documents and information to be carried on board in addition to those referred to in subregulation (1).

18. Certificate of airworthiness and

certificate of registration A foreign air operator may operate an aircraft within Uganda (a) where the aircraft has a valid certificate of airworthiness and certificate of registration issued or validated by the State of registry and displays the nationality and registration markings of that State; and

(b)

in accordance with the limitations on the maximum certificated mass prescribed for that aircraft and that operation by the State of design.

19. Additional information and forms to be carried
(1)

A foreign air operator shall ensure that, in addition to the documents and manuals prescribed in regulation 17, the following information and forms, relevant to the type and area of operation, are carried on each flight- (a) the operational flight plan; (b) the aircraft technical log, that contains the information required by regulation 15; (c) the appropriate NOTAM or aeronautical information service briefing documentation; (d) the appropriate meteorological information; (e) the passenger and cargo manifests, as appropriate for the intended flight; (f) the mass and balance documentation for the aircraft, certifying that the load carried is properly distributed and safely secured; (g) the notification of special loads, including any dangerous goods (NOTOC); and (h) the current maps and charts for the area of operation.

(2)

The authority may authorise the information specified in subregulation (1) to be presented in a form other than on printed paper, provided the information is accessible for inspection.

20. Production of documents, manuals and records
(1)

A foreign air operator shall- (a) give an authorised person access to any documents, manuals and records that are related to flight operations and maintenance; and (b) provide the documents, manuals and records, when requested to do so by the authority, within a reasonable period of time.

(2)

The PIC shall within a reasonable time of being requested to do so by an authorised person, produce to the authorised person the documentation, manual and records required to be carried on board.

21. Preservation, production and use of flight recorder

recordings (1) Where an accident or incident occurs in Uganda involving an aircraft of a foreign air operator, or where the aircraft accident investigation unit directs, the foreign air operator of an aircraft on which a flight recorder is carried shall preserve the original recorded flight data for a period of not less than 60 days unless the authority directs otherwise. (2) The recorded flight data referred to in subregulation (1) shall be produced where it is required by the aircraft accident investigation unit.

Part III

22. Computation of passenger and baggage mass
(1)

A foreign air operator shall compute the mass of passengers and checked baggage using the- (a) actual weighed mass of each person and the actual weighed mass of baggage; or

(b)

the standard mass values specified by the foreign civil aviation authority.

(2)

The authority may require a foreign registered air operator conducting operations in Uganda to produce evidence validating any standard mass values used.

23. Single-engine aeroplanes at night or in IMC
(1)

A foreign air operator shall not operate a single-engine, non-turbine aeroplane- (a) at night; or (b) in IMC, except under special Visual Flight Rules.

(2)

A foreign air operator shall not operate a single-engine turbine aeroplane at night and in IMC within Uganda unless-

(a)

the turbine engine is reliable; (b) the maintenance procedures of the operator, operating practices, flight dispatch procedures, and crew training programmes are approved by the State of the operator; (c) the aeroplane is appropriately equipped for flight at night and in IMC; (d) the aeroplane was issued with a certificate of airworthiness before 01st January, 2005 and has an engine trend monitoring system; and (e) the aeroplane was issued with a certificate of airworthiness on or after 01st January, 2005 and has an automatic trend monitoring system.

24. Single-Pilot operations under Instrument Flight Rules or at

night A foreign air operator shall not operate an aeroplane under Instrument Flight Rules or at night with a single pilot unless it is approved by

the foreign civil aviation authority and unless the aeroplane meets the following conditions- (a) the AFM does not require a flight crew of more than one pilot; (b) the aeroplane is propeller driven; (c) the maximum approved passenger seating configuration is not more than nine; (d) the maximum certificated take-off mass does not exceed 5,700 kg; (e) the aeroplane is equipped with- (i) a serviceable autopilot that has at least altitude hold and heading select modes; (ii) a headset with a boom microphone or equivalent; and (iii) a means of displaying charts that enables them to be readable in all ambient light conditions; and (f) the PIC has satisfied the requirements of experience, training, checking and recency prescribed by the State of the operator.

25. Flight rules within Uganda
(1)

A foreign air operator shall comply with the flight rules and limitations contained in the Civil Aviation (Rules of the Air) Regulations, 2020. (2) A foreign air operator shall ensure that its flight crew has available and is familiar with the flight rules contained in the Civil Aviation (Rules of the Air) Regulations, 2020.

26. Approach and landing conditions Prior to

initiating an approach to land, the PIC of an aircraft operated by a foreign air operator shall determine that, according to the information available (a) the weather at the aerodrome and the conditions of the runway are safe for the approach and landing; and (b) in the case of a missed approach, the aircraft is able to meet the performance requirements contained in the operations manual.

27. Flight crew member qualifications

A foreign air operator shall ensure that flight crew members have the appropriate licences and ratings for conducting operations in Uganda

28. Age limitations
(1)

A foreign air operator shall ensure that the PIC engaged in single-pilot operations into Uganda is less than sixty years of age.

(2)

A foreign air operator engaged in operations in Uganda that requires more than one pilot as flight crew, shall ensure that where one pilot is between sixty and sixty five years, the other pilot is less than sixty years.

29. Language proficiency

A foreign air operator shall ensure that flight crew operating aircraft in Uganda meet the language proficiency requirement of the ICAO Operational Level (Level 4), contained in ICAO Annex 1, for the English language and that the proficiency is endorsed on the licence

30. Aircraft security

A foreign air operator shall (a) ensure that all appropriate personnel are familiar with and comply with the relevant requirements of the national security programmes of the State of the operator and the national security programmes of Uganda;

(b)

establish and use a security programme approved by the appropriate authority of the State of the operator accepted by the authority;

(c)

establish, maintain and conduct approved training programmes that enable the personnel of the operator to take appropriate action to prevent acts of unlawful interference such as sabotage or unlawful seizure of aircraft and minimise the consequences of such events should they occur; (d) following an act of unlawful interference on board an aircraft, ensure that the PIC or, in his or her absence, the operator, shall submit without delay a report of such an act to the authority of the State of the operator; (e) ensure that all aircrafts carry a checklist of the procedures to be followed for that type of aircraft in searching for concealed weapons, explosives or other dangerous devices; and (f) ensure that where installed, the flight crew compartment door on all aircraft operated for the purpose of carrying passengers shall be capable of being locked from within the compartment in order to prevent unauthorised access.

31. Unauthorised carriage

A foreign air operator shall take measures to ensure that no person conceals himself or herself or cargo on board an aircraft

Part IV

32. Offering dangerous goods for transport by air
(1)

A foreign air operator shall not authorise transportation of dangerous goods in and out of Uganda unless the foreign air operator has been authorised by the foreign civil aviation authority and the authority. (2) The foreign air operator shall classify, document, certify, describe, package, mark, label, and put in a fit condition for transportation, dangerous goods required by the dangerous goods programme of the operator approved by the foreign civil aviation authority.

(3)

Where the foreign air operator has been granted authority to carry dangerous goods and has an approved dangerous goods programme authorised by the foreign civil aviation authority, the operator shall file a copy of the dangerous goods programme with the authority.

33. Carriage of weapons and munitions of

war A foreign air operator who conducts commercial air transport operation in Uganda shall (a) not transport weapons of war and munitions of war by air unless an approval has been granted by all States concerned;

(b)

ensure that weapons of war and munitions of war are-

(i)

stowed in the aircraft in a place that is inaccessible to passengers during the flight; and

(ii)

in the case of firearms, unloaded, unless, before the commencement of the flight, an approval has been granted by all States concerned that such weapons of war and munitions of war may be carried in circumstances that differ in part or in total from those indicated in this paragraph; and

(c)

ensure that the PIC is notified before the flight begins of the details and location on board the aircraft of any weapons of war and munitions of war that are intended to be carried.

34. Carriage of sporting weapons and ammunition
(1)

A foreign air operator conducting commercial air transport operations in Uganda shall take all measures necessary to ensure that any sporting weapons to be carried by air are reported to the authority.

(2)

A foreign air operator who accepts the carriage of sporting weapons shall ensure that they are-

(a)

stowed in a place on the aircraft that is inaccessible to passengers during flight, unless the authority has determined that compliance is impracticable and has approved other procedures; and

(b)

unloaded in the case of firearms and other weapons that contain ammunition.

(3)

Where approved by the authority, a foreign air operator may allow a passenger to carry ammunition for sporting weapons in his or her checked baggage.

Part V

35. Possession of licence A flight crew

member of a foreign registered aircraft shall hold a valid licence, certificate or authorisation, including an appropriate and current medical certificate, issued by the State of registry and shall have the licence, certificate or authorisation in his or her physical possession or at the work site when exercising the privileges of that licence, certificate or authorisation

36. Drug and alcohol testing and reporting
(1)

A crew member of a foreign air operator shall not perform or attempt to perform, a crew member function while under the influence of drugs or alcohol.

(2)

A crew member of a foreign air operator may be tested for drug or alcohol usage.

(3)

A crew member of a foreign air operator who tests positive for drug or alcohol usage or who refuses to submit to a test, shall be prohibited from boarding a flight to perform any crew member function.

(4)

The authority shall report a positive test result or the refusal to submit to a test by a crew member of a foreign air operator to the State of the operator.

37. Inspection of licences and certificates

A person who holds a licence, certificate or authorisation required by these Regulations shall present the licence, certificate or authorisation for inspection upon request from the authority or an authorised person

38. Use and retention of certificates and records
(1)

A person shall not-

(a)

use any certificate, approval, permission, exemption or other document issued or required by or under these Regulations which has been forged, altered, revoked or suspended or to which he or she is not entitled;

(b)

forge or alter any certificate, approval, permission, exemption or other document issued or required by or under these Regulations;

(c)

lend or assign any certificate, approval, permission, exemption or other document issued or required by or under these Regulations to any other person; or

(d)

make any false representation for the purpose of procuring for himself or herself or any other person the issue, renewal or variation of any such certificate, approval, permission or exemption or other document.

(2)

During the period for which a record is required to be preserved under these Regulations, a person shall not mutilate, alter, render illegible or destroy any records or any entry made in the record, required by or under these Regulations to be maintained or knowingly make or procure or assist in the making of, any false entry in any such record or willfully omit to make a material entry in such record.

(3)

A record required to be maintained by or under these Regulations shall be recorded in a permanent and indelible material.

(4)

A person shall not issue any certificate, document or exemption under these Regulations unless he or she is authorised to do so by the authority.

(5)

An authorised person shall not issue any certificate of the kind referred to in subregulation (4) unless that person is satisfied that all statements in the certificate are correct and that the applicant is qualified to hold that certificate.

39. Reports of violation
(1)

A person who is aware of a violation of the Act or any regulation or order issued under the Act shall report it to the authority.

(2)

The authority shall determine the nature and type of additional investigation or enforcement action to be taken.

40. Enforcement of directives

A person who fails to comply with any directive given to him or her by the authority or by any authorised person under any provision of these Regulations shall be deemed for the purposes of these Regulations to have contravened that provision

41. Aeronautical user fees
(1)

The authority may notify the fees to be charged in connection with the issue, validation, renewal, extension or variation of any document including the issue of a copy or the undergoing of any examination, test, inspection or investigation or the grant of any permission or approval, required by or for the purpose of these Regulations or any orders, notices or proclamations made thereunder.

(2)

Upon an application being made for any document in accordance with subregulation (1), the applicant shall be required, when the application is submitted, to pay the fee prescribed under the Aeronautical Information Publication or Aeronautical Information Circular issued by the authority from time to time.

(3)

Where after payment has been made and the application is withdrawn by the applicant or otherwise ceases to have effect or is rejected, the authority shall not refund the payment made.

42. Application for exemptions
(1)

A person or foreign air operator may apply to the authority for an exemption from any provision of these Regulations.

(2)

A request for an exemption shall be made in accordance with the requirements of these Regulations and an application for an exemption shall be submitted and considered in a manner prescribed in the applicable Technical Guidance Materials.

43. Exemptions
(1)

The authority may upon consideration of the circumstances of the application for an exemption, issue an exemption providing relief from specified provisions of these Regulations, provided that -

(a)

the authority finds that the circumstances presented warrant the exemption; and

(b)

a level of safety is maintained equal to that provided by the Regulations from which the exemption is sought.

(2)

The exemption referred to in subregulation (1), may be terminated or amended at any time by the authority.

Part VI

44. Contravention of Regulations A foreign air operator who contravenes any provision of

these Regulations may have his or her approval, authorisation, exemption or other document revoked or suspended

45. Offences and penalties
(1)

Where any provision of these Regulations, order, notice or proclamation is contravened in relation to an aircraft, the foreign air operator of that aircraft and the PIC, where the foreign air operator or the PIC is not the person who contravened that provision shall, without prejudice to the liability of any other person under these Regulations for that contravention, be deemed to have contravened that provision unless he or she proves that the contravention occurred without his or her consent or connivance and that all due diligence was exercised to prevent the contravention.

(2)

A person who contravenes any provision specified as an "A" provision in Schedule 3 to these Regulations commits an offence and is liable, on conviction, to a fine not exceeding fifty currency points for each offence or to imprisonment for a term not exceeding two years or both.

(3)

A person who contravenes any provision specified as a "B" provision in Schedule 3 to these Regulations commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points for each offence or to imprisonment for a term not exceeding four years or both.

(4)

A person who contravenes any provision of these Regulations not being a provision referred to in Schedule 3 to these Regulations, commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points and in the case of a second or subsequent conviction for a similar offence, to a fine not exceeding two hundred currency points.

Part VII

46. Revocation of S.I No. 56 of 2006, savings and transitional
(1)

The Civil Aviation (Commercial Air Transport by Foreign Operators within Uganda) Regulations, 2006 are revoked.

(2)

A certificate, authorisation, approval or exemption granted under the regulations revoked by subregulation (1) and which is in force immediately before the commencement of these Regulations, shall have effect and shall continue in force as if granted under these Regulations, until it expires or is cancelled by the authority.

(3)

Notwithstanding the continuance of a certificate, authorisation, exemption or approval granted under subregulation (2), a person who, at the commencement of these Regulations is carrying out any act, duty or operation affected by these Regulations shall, within six months from the commencement of these Regulations, or within such longer period as the Minister may, by notice in the Gazette prescribe, comply with the requirements of these Regulations.

(4)

Notwithstanding regulation 44, a person granted certificate, authorisation, exemption or other approval, continued under subregulation (2) who does not comply with the requirements of these Regulations within the time prescribed under subregulation (3), shall have the certificate, authorisation, exemption or approval cancelled by the authority.

SCHEDULES

SCHEDULE 1 Regulations 3

CURRENCY POINT

A currency point is equivalent to twenty thousand shillings.

SCHEDULE 2 Regulations 6(3) (h)

SAMPLE SAFETY CLAUSE

This is an example of a safety clause that shall be inserted into an air service agreement that allow operators to provide service to another State and vice versa.

(1)

Each Party may request consultations at any time concerning the safety standards maintained by the other Party in areas relating to aeronautical facilities, flight crew, aircraft and the operation of aircraft. Such consultations shall take place within thirty days of that request.

(2)

If, following such consultations, one Party finds that the other Party does not effectively maintain and administer safety standards in the areas referred to in paragraph 1 that meet the Standards established at that time pursuant to the Convention on International Civil Aviation (Doc 7300), hereinafter referred to as: the Convention, the other Party shall be informed of such findings and of the steps considered necessary to conform with the ICAO Standards. The other Party shall then take appropriate corrective action within an agreed time period.

(3)

Pursuant to Article 16 of the Convention, it is further agreed that any aircraft operated by, or on behalf of an airline of one Party, on service to or from the territory of another Party, may, while within the territory of the other Party be the subject of a search by the authorised representatives of the other Party, provided this does not cause unreasonable delay in the operation of the aircraft. Notwithstanding the obligations mentioned in Article 33 of the Convention, the purpose of this search is to verify the validity of the relevant aircraft documentation, the licensing of its crew, and that the aircraft equipment and the condition of the aircraft conform to the Standards established at that time pursuant to the Convention.

(4)

When urgent action is essential to ensure the safety of an airline operation, each Party reserves the right to immediately suspend or vary the operating authorisation of an airline or airlines of the other Party.

(5)

Any action by one Party in accordance with paragraph 4 above shall be discontinued once the basis for the taking of that action ceases to exist. (6) With reference to paragraph 2 above, if it is determined that one Party remains in non-compliance with ICAO Standards when the agreed time period has lapsed, the Secretary General of ICAO should be advised thereof. The latter should also be advised of the subsequent satisfactory resolution of the situation.

SCHEDULE 3 Regulation 45

OFFENCES AND PENALTIES

REG. TITLE PART NO. 4 Compliance with requirements A 5 Authority to inspect A 6 Application for approval A 7 Basing a foreign registered aircraft in Uganda A 8 Cabotage A 9 Air traffic rules and procedures A 10 Operations specifications A 11 Aircraft technical log A 12 Foreign air operator aircraft journey logbook A 13 Manuals, documents, and licences to be carried B 14 Certificate of airworthiness and certificate of registration A 15 Additional information and forms to be carried A 16 Production of documents, manuals, and records A Preservation, production, and use of flight recorder 17 A recordings 18 Computation of passenger and baggage mass B Single-engine aeroplanes at night or in Instrument 19 A Meteorological Conditions Single-Pilot operations under Instrument Flight Rules or 20 A at night 21 Flight Rules within Uganda A 22 Approach and landing conditions A 23 Flight crew member qualifications A 24 Age limitations B 25 Language proficiency A 26 Aircraft security B

27 Unauthorised carriage B 28 Offering dangerous goods for transport by air A 29 Carriage of weapons and munitions of war B 30 Carriage of sporting weapons and ammunition A 31 Possession of licence A 32 Drug and alcohol testing and reporting B 33 Inspection of licences and certificates 34 Use and retention of certificates and records B 36 Enforcement of directives B

Cross references

Civil Aviation (Air Traffic Services) Regulations, 2022, S.I. No. 74 of 2022 Civil Aviation (Rules of the Air) Regulations, 2020, S.I. No.15 of 2020

GEN. EDWARD KATUMBA-WAMALA Minister of Works and Transport.

Original Laws of Uganda consolidation (as at 12 August 2022) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.