DUTIES AND RESPONSIBILITIES OF A PILOT -IN-COMMAND
(Aviation: series 1)
In the recent past, we have witnessed a surge in plane crashes both in Kenya and outside which have resulted to the loss of lives and property. The increasing number of these cases has call for an evaluation of the roles and obligations of persons in charge and/or control of these airspace vessels. In Kenya, the law that regulates operations in the airspace is the Civil Aviation Act,2013 and the regulations thereunder. The Civil Aviation (Operation of Aircraft – General Aviation Aeroplanes) Regulations, 2018 provides the general aviation operations guidelines with regards to aeroplanes. The regulations define a Pilot-in-Command (PIC) as the pilot designated by the operator or the owner being in command and charged with the safe conduct of a flight. In other word an individual, entrusted with the ultimate responsibility for the safe operation of an aircraft.
In this article we explore the duties and responsibilities of a Pilot-in-Command as stipulated under Kenyan law, emphasizing their role in ensuring the safety and efficiency of aviation operations. The Civil Aviation (Operation of Aircraft – General Aviation Aeroplanes) Regulations, 2018, places upon the Pilot-in-Command the following duties and responsibilities:
- Overall Responsibility for Flight Safety
The primary responsibility of the PIC is to ensure the safety of the aircraft, crew, passengers, and cargo. This includes overseeing all phases of flight, from pre-flight preparation to post-flight shutdown. The PIC holds the final authority over the operation of the aircraft and is directly responsible for its safety. For Pre-Flight Duties the PIC must ensure that the aircraft is airworthy, all required documentation is onboard, and the necessary inspections have been conducted. They must verify weather conditions, confirm that fuel requirements are met, and ensure that the weight and balance calculations are within permissible limits. During the flight, the PIC monitors the aircraft’s performance, navigates according to flight plans, and ensures compliance with air traffic control (ATC) instructions. They must continuously assess any risks, such as weather changes or technical issues, and take appropriate action.
After landing, the PIC ensures that the aircraft is secured and that post-flight inspections are conducted. Any issues identified must be reported and addressed before the next flight.
- Compliance with Aviation Regulations
The PIC is responsible for ensuring that the aircraft’s operation complies with national and international aviation laws. This includes: adhering to flight rules, such as Visual Flight Rules (VFR) or Instrument Flight Rules (IFR), adherence to air traffic control instructions, observance of airspace restrictions, compliance with environmental regulations and complying with customs and immigration laws when flying internationally.
- Decision-Making in Emergencies:
In emergency situations requiring immediate action, the PIC is authorized to deviate from standard regulations to the extent necessary to address the emergency. Such deviations must be reported to the appropriate authorities as soon as possible. Declaring an emergency and requesting priority handling from ATC. Diverting the aircraft to an alternate airport if necessary. Making in-flight decisions that may deviate from standard operating procedures when required for safety. The PIC’s ability to make quick, informed decisions under pressure is critical in minimizing risks during unforeseen circumstances.
- Crew and Passenger Management:
The PIC is responsible for the conduct and safety of all crew members and passengers on board. This includes issuing necessary instructions, ensuring compliance with safety protocols, and addressing any issues that may arise during the flight. He/she Issues instructions to crew members to ensure the safe operation of the aircraft. The PIC must ensure that all crew members are properly trained, qualified, and medically fit to perform their duties.
- Responsibility for Accurate Documentation
The PIC is also responsible for ensuring that all required documentation is completed accurately and maintained appropriately. This includes: Completing the aircraft’s logbook and recording any defects or irregularities and ensuring that flight plans are filed correctly.
- Operational Control
The PIC is also mandated to exercise operational control over the aircraft. This include decisions related to fuel management, route selection, and altitude. The PIC must also ensure that the aircraft’s weight and balance are within permissible limits.
- Communication and Coordination
Effective communication with air traffic control and coordination with ground services are essential responsibilities of the PIC. This ensures the safe and efficient operation of the flight within the broader air traffic system.
- Adherence to Flight Duty Time Limitations
The PIC is also required to comply with prescribed flight duty time limitations to prevent fatigue, thereby ensuring safety. This includes adhering to rest requirements and not exceeding maximum flight hours.
- Accident and Incident Reporting
In the event of an accident or incident, the PIC is responsible for reporting the occurrence to the relevant authorities in accordance with established procedures. This facilitates timely investigations and the implementation of safety measures. The PIC is also obligated to notify the appropriate local authority without delay, if an emergency situation which endangers the safety or security of the aeroplane or persons necessitates the taking of action which involves a violation of local regulations or procedures.
It is also important to note that the PIC holds the highest authority on board and is accountable for all decisions made during the flight, ranging from pre-flight planning to post-flight procedures. This role is crucial not only for the safe navigation and operation of the aircraft but also for ensuring compliance with aviation laws and regulations.
- Other duties
The pilot-in-command is also obligated to ensure that a flight will not be commenced unless it has been ascertained by every reasonable means available that the ground or water facilities including communication facilities and navigation aids available and directly required for such flight, for the safe operation of the aeroplane are adequate for the type of operation under which the flight is to be conducted.
The pilot-in-command must also ensure that passengers are made familiar with the location and use of seat belts, emergency exits, life jackets, if the carriage of life jackets is prescribed, oxygen dispensing equipment if the use of oxygen is anticipated and other emergency equipment provided for individual use, including passenger emergency briefing cards.
The pilot-in-command must ensure that all persons on board are aware of the location and general manner of use of the principal emergency equipment carried for collective use.
The pilot-in-command must ensure that, during take-off and landing and whenever considered necessary by reason of turbulence or any emergency occurring during flight, all persons on board an aeroplane shall be secured in their seats by means of the seat belts or harnesses provided.
Before commencing a flight, the pilot-in -command must be familiar with all available meteorological information appropriate to the intended flight.
The pilot-in-command must ensure that breathing oxygen is available to crew members and passengers in sufficient quantities for all flights at such altitudes where a lack of oxygen might result in impairment of the faculties of crew members or harmfully affect passengers.
The pilot-in-command is responsible for reporting all known or suspected defects in the aeroplane, to the operator, at the termination of the flight.
The pilot-in-command is 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.
In Conclusion, The Pilot-in-Command plays a vital role in the aviation sector, holding significant responsibilities under both the Civil Aviation Act and the Regulations thereunder. Their duties encompass every aspect of flight, from safety and compliance to crew management and emergency response. The responsibilities outlined in Kenya’s aviation regulations underscore the importance of the PIC’s role in ensuring that flights are conducted safely, legally, and efficiently.
For more information or assistance in aviation matters in Kenya contact us on info@aowangaadvocates.com or +254794600191
All rights reserved for A.O.WANGA ADVOCATES