GENERAL RULES OF THE AIR

(Aviation: series 2 Kenya)

In our previous article (Aviation series 1) we extensively discussed the duties and responsibilities of a pilot in command. In this series we will look into the general rules of the air applicable to every person & every aircraft bearing the registration mark of Kenya or every aircraft flying over the high seas.

Under the Civil Aviation (Rules of the Air) Regulations, 2018, it is a mandatory requirement that the pilot-in-command of an aircraft must, whether manipulating the controls or not, be responsible for the operation of the aircraft in accordance with the rules of the air, except that the pilot-in-command may depart from the rules in the interest of safety to the extent necessary to avoid immediate danger or in an emergency situation to comply with the law of any State other than Kenya within which the aircraft then is.

The general rules of the air are as follow:

1. A safety-sensitive person whose function is critical to the safety of aviation shall not undertake that function while under the influence of any psychoactive substance (alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine etc. except coffee and tobacco), by reason of which human performance is impaired.
2. A person shall not willfully operate an aircraft, negligently or recklessly in a manner so as to endanger life or property.
3. A person shall not fly an aircraft over the congested areas of cities, towns or settlements or over an open-air assembly of persons, unless at such a height as will permit, in the event of an emergency arising, a landing to be made without undue hazard to persons or property on the surface.
4. A person shall not drop anything or spray any substance from an aircraft in flight or make a parachute descent other than an emergency descent, except in accordance with conditions prescribed by the Kenya Civil Aviation Authority and as indicated by relevant information, advice and clearance from the appropriate air traffic service unit.
5. A person shall not operate an aircraft in acrobatic flight over any city, town or settlement, over an open-air assembly of persons, below an altitude of 1,500 feet above the surface or when the flight visibility is less than five kilometers.
6. A person shall operate an unmanned free balloon in such a manner as to minimize hazards to persons, property or other aircraft.
7. A person shall not operate an aircraft in a prohibited area or a restricted area or a danger area.
8. The pilot in command of aircraft is responsible for taking avoidance action and such other action including maneuvers based on resolution advisories provided by ACAS equipment to avert collision.
9. A person shall not operate an aircraft in such proximity to other aircraft as to create a collision hazard.
10. The pilot-in-command of an aircraft that has the right-of- way shall maintain the aircraft heading and speed. An aircraft that is obliged to keep out of way for another aircraft shall avoid passing over, under or in front of the other, unless it passes well clear and taking into account the effect of aircraft wake turbulence.
11. When two aircraft are approaching head-on or approximately so and there is danger of collision, each aircraft shall alter its heading to the right.
12. When two aircraft are converging at approximately the same level, the aircraft that has the other on its right shall give way, except as follows: power-driven heavier-than-air aircraft shall give way to airships, gliders and balloons, airships shall give way to gliders and balloons, gliders shall give way to balloons. or power-driven aircraft shall give way to aircraft which are seen to be towing other aircraft or objects.
13. An aircraft that is being overtaken has the right-of-way and the overtaking aircraft, whether climbing, descending or in horizontal flight, shall keep out of the way of the other aircraft by altering its heading to the right, and no subsequent change in the relative positions of the two aircraft shall absolve the overtaking aircraft from this obligation until it is entirely past and clear.
14. An aircraft in flight, or operating on the ground or water, shall give way to aircraft landing or in the final stages of an approach to land.
15. An aircraft that is aware that another aircraft is compelled to land shall give way to that aircraft.
16. An aircraft taxiing on the maneuvering area of an aerodrome shall give way to aircraft taking off or about to take off.
17. when two aircraft are approaching head-on, each aircraft shall stop or where practicable alter its course to the right so as to keep well clear.
18. when two aircraft are on a converging course, the one which has the other on its right shall give way.
19. an aircraft which is being overtaken by another aircraft shall have the right-of-way and the overtaking aircraft shall keep well clear of the other aircraft.
20. Notwithstanding any air traffic control clearances, it shall remain the duty of the pilot-in-command of an aircraft to take all possible measures to ensure that his aircraft does not collide with any other aircraft or with any vehicle.
21. Emergency vehicles proceeding to the assistance of aircraft in distress shall be afforded priority over all other surface movement traffic.
22. An aircraft in flight shall display, anti-collision lights intended to attract attention to the aircraft or navigation lights intended to indicate the relative path of the aircraft to an observer, from sunset to sunrise or during any other period which may be prescribed by the authority.

In Conclusion, every person including the Pilot-in-Command plays a vital role in the safety of aircraft and ensures 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

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