part 24 aeronautical meteorological service · 2018. 7. 29. · (2) the r-cats prescribed by the...

Civil Aviation Regulations Part 24

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Part 24

Aeronautical Meteorological Service

SUBPART A: GENERAL .......................................................................................................................... 3

24.001 CITATION & APPLICABILITY ............................................................................................... 3 24.005 DEFINITIONS ......................................................................................................................... 3 24.010 ACRONYMS & ABBREVIATIONS ......................................................................................... 4 24.015 PERFORMANCE PROHIBITIONS ......................................................................................... 4 24.020 BASIC WEATHER REPORTING ............................................................................................ 4 24.025 ISSUE OF R-CATS –AERONAUTICAL METEOROLOGICAL SERVICE ........................ 4 24.030 ESTABLISHMENT OF AERONAUTICAL METEOROLOGICAL SERVICE PROVIDER 5 24.035 PROCEDURES FOR PROVISION OF METEOROLOGICAL SERVICES FOR AIR NAVIGATION ................................................................................................................................................ 5

SUBPART B: CERTIFICATION REQUIREMENTS .................................................................................. 6

24.040 REQUIREMENT FOR CERTIFICATE ................................................................................. 6 24.045 APPLICATION FOR CERTIFICATE.................................................................................... 6 24.050 ISSUE OF CERTIFICATE ..................................................................................................... 6 24.055 PRIVILEGES OF C ERTIFICATE HOLDER .............................................................................. 6 24.060 DURATION OF CERTIFICATE ............................................................................................ 6 24.065 RENEWAL OF CERTIFICATE ............................................................................................... 7 24.070 PERSONNEL REQUIREMENT ................................................................................................ 7 24.075 DOCUMENTATION ................................................................................................................. 7 24.080 AERONAUTICAL METEOROLOGICAL SERVICE-MANUAL OF OPERATIONS ........... 8 24.085 AMENDMENT OF CERTIFICATE HOLDER’S MANUAL OF OPERATIONS .............. 9 24.090 SITE REQUIREMENTS ............................................................................................................ 9 24.095 COMMUNICATION REQUIREMENTS ................................................................................... 9 24.100 INPUT REQUIREMENTS .......................................................................................................... 9 24.105 OUTPUT REQUIREMENTS .................................................................................................... 10 24.110 FACILITY REQUIREMENTS .................................................................................................. 10 24.115 VERIFICATION, PERIODIC INSPECTION, TESTING & CALIBRATION ................ 10 24.120 RELEASE OF METEOROLOGICAL INFORMATION ..................................................... 10 24.125 NOTIFICATION OF METEOROLOGICAL OFFICE & FACILITY STATUS ................ 11 24.130 METEOROLOGICAL INFORMATION CHECK AFTER ACCIDENT OR INCIDENT .. 11 24.135 MALFUNCTIONS & ERRONEOUS INFORMATION ......................................................... 11 24.140 QUALITY MANAGEMENT SYSTEM ..................................................................................... 11 24.145 RECORDS................................................................................................................................. 12

SUBPART C: OPERATING REQUIREMENTS ..................................................................................... 12

24.150 CONTINUED COMPLIANCE .................................................................................................. 12 24.155 PROHIBITION .......................................................................................................................... 12 24.160 SECURITY MEASURES .......................................................................................................... 13

Official Gazette no.Special of 27/07/2018

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SUBPART D: SAFETY OVERSIGHT OF AERONAUTICAL METEOROLOGICAL SERVICE ................ 13

24.165 SAFETY OVERSIGHT FUNCTION ....................................................................................... 13

24.170 VERIFICATION OF COMPLIANCE WITH SAFETY REGULATORY REQUIREMENTS ........................................................................................................................................ 13 24.175 SAFETY REGULATORY AUDITS ..................................................................................... 14 24.180 CORRECTIVE ACTIONS......................................................................................................... 14 24.185 SAFETY OVERSIGHT OF CHANGES TO FUNCTIONAL SYSTEMS ......................... 15 24.190 ADMINISTRATIVE FINES .................................................................................................... 15

APPENDICES ......................................................................................................................................... 16

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SUBPART A: GENERAL

24.001 CITATION & APPLICABILITY

(a) These regulations may be cited as Civil Aviation (Aeronautical Meteorological Service) Regulations.

(b) This Part prescribes the requirements of Rwanda for—

(1) The certification and operation of organisations providing meteorological services for aviation; and

(2) Governing the provision of basic weather reports for aviation.

(c) This Part is applicable to—.

(1) Persons seeking certification to provide meteorological services for aviation; and

(2) Organisations that provide the required meteorological services for aviation; and

(3) Persons that administer the required meteorological services for aviation on behalf of the certificated

organisations.

(d) Civil Aviation Technical Standards published by the Authority are also applicable to the provision of

meteorological information for operations in the airspace of Rwanda.

24.005 DEFINITIONS

(a) For the purpose of this Part, the following definitions apply —

Aeronautical Meteorological Service Standards. Standards contained in the Civil Aviation Technical

Standards (Aeronautical Meteorological Service) published by Rwanda Civil Aviation Authority as

amended from time to time.

Authority. Rwanda Civil Aviation Authority (the Authority).

Basic weather report. A verbal comment, in support of aviation, describing any of the following current

weather conditions observed at a particular place or airspace—

(i) Wind direction and speed;

(ii) Pressure;

(iii) Air temperature; and/or

(iv) Weather conditions and cloud cover.

Director General. Chief Executive of Rwanda Civil Aviation Authority.

Convention. The ICAO Chicago Convention of 1944.

Erroneous meteorological information. Any meteorological information that is or has the potential to be

significantly outside the allowable accuracy or tolerance for that information.

Manual of Operations. The manual required by Section 24.080.

Facility. Any system or equipment which provides an automatic function that supports a meteorological

office or provides meteorological information, and includes any system or equipment for the

following—

(i) Electronic data analysis and forecast productions;

(ii) Remote weather sensing; and

(iii) Electronic or automatic meteorological information delivery.

Meteorological information. Any meteorological report, analysis, or forecast in support of aviation, and any

other statement in support of aviation relating to existing or expected meteorological conditions.

Meteorological office. An office designated to provided meteorological service for international air

navigation.

Meteorological report. A statement, in support of aviation, of observed meteorological conditions related

to a specific time and location.

Meteorological service. Any of the following services that provide meteorological information in support

of aviation—


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(i) Climatology service: a service for the development and supply of climatology information for a

specific place or airspace.

(ii) Forecast service: a service for the supply of forecast meteorological information for a specific

area or portion of airspace.

(iii) Information dissemination service: a service for the collection and dissemination of

meteorological information.

(iv) Meteorological briefing service: a service for the supply of written and oral meteorological

information on existing and expected meteorological conditions.

(v) Meteorological reporting service: a service for the supply of routine meteorological reports.

(vi) Meteorological watch service: a service for maintaining a watch over meteorological conditions

affecting aircraft operations in a specific area.(a) ;

Note 1: Additional aviation-related terms are defined in Part 1 of these regulations.

Note 2: Additional aviation meteorological definitions are provided in the R-CATS, WMO-49, Vol I and

II and WMO-No..1083.

24.010 ACRONYMS & ABBREVIATIONS

(a) The following acronyms and abbreviations are used in this Part—

AIP = Aeronautical Information Publication

AIS = Aeronautical Information Service

MET = Meteorology or Meteorological

NOTAM = Notice to Airmen

R-CATS = Rwanda Civil Aviation Technical Standards

WMO = World Meteorological Organisation

Note 1: Additional aviation-related acronyms are listed in Part 1 of these requirements and the R-

CATS.

Note 2: The references for the requirements of this Part include the R-CATS, ICAO Annex 1 and 3;

WMO Publication No.49, and WMO doc.1083.

24.015 PERFORMANCE PROHIBITIONS

(a) No person shall provide aviation weather services unless they are provided in accordance with—

(1) the requirements of this Part; and

(2) the R-CATS prescribed by the Authority relevant to provision of aeronautical meteorological services.

24.020 BASIC WEATHER REPORTING

(a) No person shall provide a basic weather report unless they—

(1) Utilise equipment that is suitable for the observations being made; and

(2) Employ a system for checking that equipment; and

(3) Be trained to provide accurate basic weather reports.

24.025 ISSUE OF R-CATS –AERONAUTICAL METEOROLOGICAL SERVICE

(a) (1) The Authority shall issue Technical Standards for these regulations that provides for the following

matters—

(1) standard procedures for providing meteorological routine observations and reports;

(2) standards procedures for providing special observation and reports;

(3) standards procedures for providing forecast information;

(4) standards procedures to provide meteorological briefing and consultation on existing and expected

meteorological conditions;


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(5) standards procedures for providing meteorological watch service, to maintain a watch over

meteorological conditions affecting aircraft operations in a specific area;

(6) standards relating to the procedures, systems and documents required for the provision of

meteorological services;

(7) standards for facilities and equipment used to provide meteorological services;

(8) standards procedures for minimum qualifications and training of meteorological personnel;

(9) any matter necessary or convenient to be provided for the effective operation of these Regulations

(b) The standards referred to paragraph (a) shall, for the safety of air navigation, be complied with by—

(1) aeronautical meteorological service certificate holder; and

(2) aeronautical meteorological service certificate applicant

(c) The Authority shall also publish Advisory Circulars containing acceptable methods and procedures for

compliance with these regulations and the prescribed standards.

24.030 ESTABLISHMENT OF AERONAUTICAL METEOROLOGICAL SERVICE PROVIDER

(a) These Regulations prescribe the requirements pertaining to the provision of meteorological services to air

navigation.

(b) An aeronautical meteorological service provider shall ensure that the MET service it provides is in

conformity with the provisions in this regulation

(c) The aeronautical meteorological service provider shall be designated by responsible authority for providing

such services. Details of the meteorological authority so designated shall be included in the RWANDA

Aeronautical Information Publication (AIP).

(d) The MET service provider under paragraph (c) shall provide the following services in support of aviation—

(1) make routine meteorological observations at regular intervals;

(2) make special weather observations whenever specified changes occur in respect of surface wind,

visibility, runway visual range, present weather, cloud and air temperature;

(3) prepare and obtain significant weather forecasts information and maintain contact with Regional

specialized meteorological centres for the notification and exchange of information on volcanic ash

and tropical cyclones activity as prescribed by the Authority;

(4) display and provide briefing, consultation and flight documentation to flight crew members and other

flight operations personnel, the latest information on existing and expected meteorological conditions

along the route to be flown, at the aerodrome of intended landing, alternate aerodromes and other

aerodromes as prescribed by the Authority;

(5) perform weather watch and monitoring, including the ability to detect and forecast hazards relevant to

the aviation community, as prescribed by the Authority;

(6) derive forecast and warning products to the requirements prescribed by the Authority for the pilot, air

traffic service and air operators;

(7) maintain a record of aeronautical climatological information for supply to pilot, air traffic service and air

operators and any other persons on request;

(8) exchange aeronautical meteorological information with other aeronautical meteorological offices;

(9) supply information received concerning the accidental release of radioactive materials into the

atmosphere within its area of responsibility to the air traffic service providers for dissemination.

24.035 PROCEDURES FOR PROVISION OF METEOROLOGICAL SERVICES FOR AIR NAVIGATION

(a) A person authorized to provide meteorology services for air navigation under Section 24.030 shall do so in

accordance with the procedures described in –

(1) the Manual of Operations required under these regulations; and

(2) the quality management system manual required under these regulations


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SUBPART B: CERTIFICATION REQUIREMENTS 24.040 REQUIREMENT FOR CERTIFICATE

(a) No person shall provide meteorological service except under the authority of, and in accordance with the

provisions of, a meteorological service certificate issued under these Regulations.

(b) The Authority shall grant a certificate authorising the provision of meteorological services varying from a

single meteorological service to a range of meteorological services supported by a network of

meteorological offices intended for interacting with the Air navigation system.

24.045 APPLICATION FOR CERTIFICATE

(a) An applicant for the grant of meteorological service certificate shall complete an application, in a form and

in the manner prescribed by the Authority, and submit it to the Authority with—

(1) the applicant's manual of operations required under Section 24.080; and

(2) A payment of the appropriate application fee prescribed by the Authority.

24.050 ISSUE OF CERTIFICATE

(a) An applicant is entitled to a meteorological service certificate if the Authority is satisfied that—

(1) the applicant meets the requirements of these Regulations and standards prescribed by the Authority;

and

(2) the applicant, and the applicant’s senior person or persons required by Section 24.070, are adequate

and qualified; and

(3) the granting of the certificate is not contrary to the interests of aviation safety.

24.055 PRIVILEGES OF C ERTIFICATE HOLDER

(a) A meteorological service certificate specifies the types of facilities that the certificate holder is authorised to

operate.

(b) Subject to Section 24.155, the holder of a meteorological service certificate shall provide the meteorological

services listed on the holder's certificate provided that each meteorological service, and the meteorological

information supplied for each meteorological service, and the location and airspace covered by each

meteorological service is listed in the certificate holder's manual of operations.

24.060 DURATION OF CERTIFICATE

(a) A meteorological service certificate shall be granted or renewed for a period of up to 3 years.

(b) A meteorological service certificate shall remain in force until it expires or is suspended or revoked.

(c) The Authority shall, by written notice given to the holder of a meteorological service certificate, suspend or

revoke the certificate if there are reasonable grounds for believing that—

(1) a condition to which the certificate is subject has been breached; or

(2) the holder has failed to comply with these Regulations.

(d) Before suspending or cancelling a meteorological service certificate, the Authority shall—

(1) give to the holder a show cause notice that—

(i) sets out the facts and circumstances that, in the opinion of the Authority, would justify the

suspension or cancellation; and

(ii) invites the holder to show cause, in writing, within 30 days after the date of the notice, why the

certificate should not be suspended or revoked; and

(2) take into account any written submissions that the holder makes to the Authority within 30 days.

(e) The holder of a meteorological service certificate that has been suspended or revoked shall forthwith

surrender the certificate to the Authority.


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24.065 RENEWAL OF CERTIFICATE

(a) An application for the renewal of a meteorological service certificate shall complete an application, in a form

and in the manner prescribed by the Authority, and submit it to the Authority.

(b) The application for the renewal shall be made not less than 90 days before the expiry date specified on the

certificate.

24.070 PERSONNEL REQUIREMENT

(a) An applicant for the grant of a meteorological service certificate shall employ, contract, or otherwise

engage—

(1) a senior person identified as the chief executive who has the authority within the applicant’s

organisation to ensure that every meteorological service listed in the manual of operations can be

financed and carried out to meet the operational requirements, and the requirements and standards

prescribed by these Regulations; and

(2) a senior person or persons ultimately responsible to the chief executive who are responsible for—

(i) ensuring that the organisation complies with the manual of operations; and

(ii) the quality management system required under Section 24.140; and

(3) sufficient personnel to plan, operate, supervise, the meteorological offices and facilities and provide

the meteorological services listed in the applicant’s manual of operations.

(b) The senior person required by Section 24.070(a)(2) shall be able to demonstrate competency and

experience relevant to the quality management system and the activities of the certificate holder.

(c) The applicant shall—

(1) ensure that all meteorological personnel engaged in providing meteorological services meet the World

Meteorological Organisation (WMO) requirements of qualification and training,

(2) establish a procedure to assess the competence of those personnel who are authorised by the

applicant to—

(i) supervise the production and release of meteorological information; and

(3) establish a procedure to maintain the competence of those authorised personnel; and

(4) Ensure that competence assessment is in accordance to the guidelines developed and endorsed by

the WMO commission of aeronautical Meteorology (CAeM); and

(5) provide those authorised personnel with written evidence of the scope of the authorization.

24.075 DOCUMENTATION

(a) Each applicant for the grant of a meteorological service certificate shall hold copies of meteorological office

manuals, facility manuals, technical standards and practices, procedures manuals, and any other

documentation that is necessary for the provision of the meteorological service listed in the manual of

operations.

(b) The applicant shall establish a procedure to control the documentation required by paragraph (a). The

procedure shall ensure that—

(1) the documentation is reviewed and authorised by appropriate personnel before issue; and

(2) current issues of relevant documentation are available to personnel at all locations where they need

access to such documentation for the provision of the meteorological service listed in the applicant's

manual of operations; and

(3) obsolete documentation is promptly removed from all points of issue or use; and

(4) changes to documentation are reviewed and approved by appropriate personnel; and

(5) the current version of each item of documentation can be identified to preclude the use of out-of-date

editions.


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24.080 AERONAUTICAL METEOROLOGICAL SERVICE-MANUAL OF OPERATIONS

(a) An applicant for the grant of a meteorological service certificate shall provide the Authority with a Manual of

Operations that contains—

(1) statement signed by the chief executive on behalf of the applicant’s organisation confirming that the

manual of operations and any included manuals;

(i) define the organisation and demonstrate its means and methods for ensuring ongoing

compliance with these Regulations; and

(ii) are to be complied with at all times; and

(2) in relation to the quality management system required by Section 24.140,

(i) all of the documentation required by Section 24.140; and

(ii) for an applicant that is not applying for a renewal of a meteorological service certificate, an

implementation plan that describes how the system for quality management will be

implemented; and

(3) the titles and names of the senior person or persons required by Section 24.070 (a)(1) and (2); and

(4) the functions, duties and responsibilities of the senior person or persons required by 24.070 (a)(1) and

(2) including—

(i) matters for which they have a responsibility to deal directly with the Authority on behalf of the

organisation; and

(ii) responsibilities for quality management system; and

(5) an organisation chart showing lines of responsibility of the senior person or persons required by

24.070 (a)(1) and (2); and

(6) a summary of the applicant's staffing structure at each meteorological office listed paragraph (8)(i);

and

(7) a list of the meteorological services to be covered by the certificate; and

(8) a list providing—

(i) the location of each meteorological office operated by the applicant; and

(ii) the location of each facility operated by the applicant that provides meteorological information

directly to the users; and

(iii) the meteorological services provided by each of those meteorological offices and facilities; and

(iv) the locations and airspace covered by such meteorological services; and

(9) details of the applicant's output meteorological information identified under Section 24.105(a)(1) and

the standards and formats for that information determined under Section (a)(2); and

(10) details of the applicant's procedures and systems required by—

(i) Section 24.070(b) regarding personnel requirement; and

(ii) Section 24.090 regarding site requirements; and

(iii) Section 24.095 regarding communication requirements; and

(iv) Section 24.100 regarding meteorological service input requirements; and

(v) Section 24.105 regarding meteorological service output requirements; and

(vi) Section 24.110 regarding facility requirements; and

(vii) Section 24.075(b) regarding control of documentation; and

(viii) Section 24.115 regarding verification, inspection, test and calibration,

(ix) Section 24.120 regarding release of meteorological information; and

(x) Section 24.125 regarding notification of meteorological office and facility status; and

(xi) Section 24.130 regarding meteorological information checks after notification of an accident or

incident; and

(xii) Section 24.135 regarding malfunctions and erroneous information; and

(xiii) Section 24.145 regarding records; and


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(b) Procedures to control amend and distribute the manual of operations.

(c) The Authority shall approve the applicant’s manual of operations.

24.085 AMENDMENT OF CERTIFICATE HOLDER’S MANUAL OF OPERATIONS

(a) A holder of a meteorological service certificate shall ensure that the manual of operations is amended so as

to remain a current description of the holder's organisation and meteorological service provided.

(b) The certificate holder shall ensure that any amendment made to its manual of operations meets the

applicable requirements of these Regulations, the standards prescribed by the Authority and complies with

the amendment procedures contained in the manual of operations.

(c) The certificate holder shall forward to the Authority for approval and retention a copy of each amendment to

manual of operations before incorporating the amendment into the manual of operations.

(d) If there is any change that requires the amendment to the certificate, the certificate holder shall forward the

certificate to the Authority for endorsement of the change as soon as practicable.

(e) The certificate holder shall make such amendments to the manual of operations, as the Authority may

consider necessary in the interests of aviation safety.

24.090 SITE REQUIREMENTS

(a) Each applicant for the grant of a meteorological service certificate shall establish procedures to ensure

that—

(1) each of the meteorological offices and facilities listed in the manual of operations is—

(i) sited and configured in accordance with security measures designed to prevent unlawful or

accidental interference; and

(ii) provided with suitable power supplies and means to ensure appropriate continuity of service;

and

(2) each of the remote weather sensing facilities listed in the manual of operations is installed and

maintained in a technically appropriate position to ensure that the facility provides an accurate

representation of the local meteorological conditions.

24.095 COMMUNICATION REQUIREMENTS

(a) Each applicant for the grant of a meteorological service certificate shall establish communication systems

and procedures to ensure that each of the meteorological offices and facilities listed in the applicant's

manual of operations can provide the meteorological information for which it is intended.

(b) The communication systems and procedures shall be able to handle the volume and nature of the

meteorological information being communicated so that no meteorological information is delayed to the

extent that the information becomes out-of-date.

24.100 INPUT REQUIREMENTS

(a) Each applicant for the grant of a meteorological service certificate shall establish procedures to obtain input

meteorological information appropriate for meteorological services being provided.

(b) The procedures shall ensure that—

(1) each meteorological office and facility listed in the applicant's manual of operations that provides

meteorological forecast has continuing access to appropriate historical, real-time, and other

meteorological information for the applicant's forecast areas; and


meteorological briefings in person or by any other interactive visual means, has adequate display and

briefing resources available for the briefings; and


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meteorological reports has adequate observing systems to supply adequate, accurate and timely

meteorological reports; and

(4) each meteorological office listed in the applicant's manual of operations that provides meteorological

watch has adequate meteorological information to supply an adequate, accurate and timely

meteorological watch service; and


climatological summaries has adequate meteorological information for the preparation of

climatological information.

24.105 OUTPUT REQUIREMENTS

(a) Each applicant for the grant of a meteorological service certificate shall—

(1) identify the output meteorological information provided by each meteorological service listed in the

manual of operations; and

(2) determine the standards and formats for that output meteorological information.

(b) The applicant shall establish procedures to ensure that the meteorological information supplied by each

meteorological office and facility listed in the manual of operations complies with the standards and formats

determined under paragraph (a)(2).

24.110 FACILITY REQUIREMENTS

(a) Each applicant for the grant of a meteorological service certificate shall establish procedures to ensure that

all electronic data processing facilities used in the acquisition, compilation, computing, access or

dissemination of meteorological information are of a nature, configuration and capability to ensure the

adequacy, accuracy and timeliness of that meteorological and related information.

24.115 VERIFICATION, PERIODIC INSPECTION, TESTING & CALIBRATION

(a) Each applicant for the grant of a meteorological service certificate shall establish procedures for—

(1) the routine verification of meteorological information obtained and provided by the applicant; and

(2) the periodic inspection of each meteorological office listed in the applicant's manual of operations; and

(3) the periodic inspection, testing and calibration of each facility listed in the applicant's manual of

operations.


(1) the systems required for the routine verification of meteorological information have the capability and

integrity necessary for verifying the meteorological information; and

(2) appropriate inspection equipment and systems are available to personnel for the inspection of each

meteorological office; and

(3) appropriate inspection, measuring and test equipment and systems are available to personnel for the

inspection, testing and calibration of each facility; and

(4) the inspection, measuring and test equipment and systems have the precision and accuracy

necessary for the inspections, measurements and tests being carried out; and

(5) all meteorological sensing facilities are calibrated and configured so that the environmental sensors

fitted or incorporated yield, as far as possible, reliable, accurate and representative meteorological

information.

24.120 RELEASE OF METEOROLOGICAL INFORMATION

(a) Each applicant for the grant of a meteorological service certificate shall establish procedures for—

(1) the release of meteorological information from each meteorological office listed in the manual of


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operations; and

(2) the placing of facilities listed in the manual of operations into operational service.

(b) The procedures shall ensure that persons authorised to supervise the production and release of

meteorological information and persons authorised to place meteorological facilities into operational service

have been assessed as competent under the procedures required by Section 24.070(b).

24.125 NOTIFICATION OF METEOROLOGICAL OFFICE & FACILITY STATUS

(a) An applicant for a meteorological service certificate shall establish procedures to notify the users of the

applicant's meteorological services of relevant operational information and of any change in the operational

status of each meteorological office or facility listed in the applicant's manual of operations.

(b) The applicant shall ensure that the procedures established under paragraph (a) require—

(1) the operational information for each of the applicant's meteorological services that support the air

navigation system or an air traffic service to be forwarded to the Aeronautical Information Service for

publication in the Rwanda Aeronautical Information Publication; and

(2) the users of a meteorological office or facility to be notified without delay of any change in the

operational status of the meteorological office or facility if the change may affect the safety of air

navigation. For those meteorological offices and facilities published in the Rwanda Aeronautical

Information Publication, the information concerning any change to their operational status shall be

forwarded to the Aeronautical Information Service for the issue of a NOTAM.

24.130 METEOROLOGICAL INFORMATION CHECK AFTER ACCIDENT OR INCIDENT

(a) Each applicant for the grant of a meteorological service certificate shall establish procedures for checking

the adequacy, accuracy and timeliness of any of the meteorological information that may have been used

by an aircraft or an air traffic service involved in an accident or incident.


(1) the checks are carried out as soon as practicable after notification to the applicant's organisation of

such an accident or incident; and

(2) copies of the meteorological information are kept in a secure place for possible use by any

subsequent investigation.

24.135 MALFUNCTIONS & ERRONEOUS INFORMATION

(a) Each applicant for the grant of a meteorological service certificate shall establish procedures—

(1) to identify, record, notify, investigate and rectify any report of erroneous meteorological information;

and

(2) to identify, record, notify, investigate and rectify any detected malfunction in the facilities and

meteorological services listed in their manual of operations that may result in the supply of erroneous

meteorological information; and

(3) to notify without delay all users that have received the erroneous meteorological information; and of

those malfunctions that cannot be remedied within 72 hours; and

(4) for the continuation of malfunction status reports in the event that such reports are required by the

Authority.

24.140 QUALITY MANAGEMENT SYSTEM

(a) An applicant for the grant of a meteorological service certificate shall establish, implement, and maintain a

quality management system that—

(1) is based on the elements of the latest edition of the ISO 9001 standard, as in force from time to time,

that are relevant to the provision of Meteorological services; and

(2) includes quality management procedures that address the quality management requirements

mentioned in the R-CATS (Aeronautical Meteorological Service).


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24.145 RECORDS

(a) An applicant for the grant of an aeronautical meteorological service certificate shall establish procedures to

identify, collect, index, store, maintain and dispose of the records that are necessary for the supply of the

meteorological services listed in the manual of operations.


(1) there is a record of the input meteorological information obtained under the procedures required by

Section 24.100; and

(2) there is a record of all output meteorological information identified under Section 24.105; and

(3) the records specified in (1) and (2) are retained for a period of at least 90 days or for such longer

period as may be required by the Authority; and

(4) there is a record for each meteorological office and facility listed in the applicant's manual of

operations, in order to document the performance of each meteorological office and facility and to

provide a traceable history of its maintenance, service and product quality, its periodic inspections,

and the persons responsible for each of these activities; and

(5) there is a record of the equipment and systems used for verification, inspection, testing and calibration

under the procedures required by Section 24.115. The record shall provide a traceable history of the

location, maintenance, and calibration checks for the equipment and systems; and

(6) there is a record of each occurrence of erroneous meteorological information reported and of each

malfunction detected under the procedures required by Section 24.135. The record shall detail the

nature of the erroneous meteorological information or malfunction and the findings of the investigation

and the follow-up corrective actions; and

(7) there is a record for each person who is authorised by the applicant to supervise the production and

release of meteorological information and for each person who is authorised by the applicant to place

facilities into operational service. The record shall include details of their experience, qualifications,

training, job descriptions; duties and responsibilities.

(8) all records are legible, and of a permanent nature; and

(9) all records other than those required in (a) and (b) are retained for at least one year, or for such longer

period as may be required by the Authority, in order to establish a history of the performance of the

meteorological services.

SUBPART C: OPERATING REQUIREMENTS 24.150 CONTINUED COMPLIANCE

(a) Each holder of a meteorological service certificate shall—

(1) hold at least one complete and current copy of the manual of operations at each meteorological office

specified in the manual of operations; and

(2) comply with all procedures and systems detailed in the manual of operations; and

(3) make each applicable part of the manual of operations available to personnel who require those parts

to carry out the duties; and

(4) continue to meet the standards and comply with the requirements of Subpart B prescribed for

certification under these Regulations; and

(5) notify the Authority of any change of address for service, telephone number, or facsimile number

required within 28 days of the change.

24.155 PROHIBITION

(a) The holder of a meteorological service certificate shall not—

(1) provide meteorological information where the meteorological input information required to provide that

meteorological information is not available; or


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(2) provide meteorological information where the operational performance of the meteorological office or

facility producing that meteorological information does not meet the applicable requirements; or

(3) provide meteorological information where any integrity monitoring system associated with that

meteorological information is not fully functional; or

(4) provide meteorological information where any required verification, inspection, test or calibration

relating to that meteorological information has not been completed; or

(5) provide meteorological information where there is any cause whatsoever to suspect the integrity of

that meteorological information.

24.160 SECURITY MEASURES

(a) An applicant for the grant of meteorological service certificate shall establish a security measures for

personnel and facilities listed in the applicant's manual of operations.

(b) The security measures required under paragraph (a) shall specify the physical security requirements,

practices, and procedures to be followed for the purposes of minimising the risk of destruction of, damage

to, or interference with the operation of any facility operated under the authority of the meteorological

service certificate, if such destruction, damage, or interference could endanger the safety of aircraft.

(c) The security measures required under paragraph (a) shall include such physical security requirements,

practices, and procedures as may be necessary—

(1) to ensure that each aeronautical facility is subject to positive access control at all times to prevent

unauthorized entry; and

(2) for personnel to follow in the event of a bomb threat or other threat of damage to an aeronautical

facility; and

(3) to monitor an unattended aeronautical facility building to ensure that any intrusion or interference is

immediately detected.

(d) The security measures required under paragraph (a) shall include procedures to notify, investigate and

report security incidents to the Authority.

SUBPART D: SAFETY OVERSIGHT OF AERONAUTICAL METEOROLOGICAL SERVICE 24.165 SAFETY OVERSIGHT FUNCTION

(a) The Authority shall exercise safety oversight as part of its supervision of requirements applicable to

Aeronautical meteorological service in order to monitor the safe provision of these activities and to verify

that the applicable safety regulatory requirements and their implementing arrangements are met.

24.170 VERIFICATION OF COMPLIANCE WITH SAFETY REGULATORY REQUIREMENTS

(a) The Authority shall establish a process in order to verify compliance with applicable safety regulatory

requirements prior to the issue or renewal of a certificate necessary to provide meteorological services

including safety-related conditions attached to it.

(b) The process referred to in paragraph (a) shall—

(1) be based on documented procedures;

(2) be supported by documentation specifically intended to provide safety oversight personnel with

guidance to perform their functions;

(3) provide the organisations concerned with an indication of the results of the safety oversight activity;

(4) be based on safety regulatory audits and reviews conducted;

(5) provide competent authorities with the evidence needed to support further action.


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24.175 SAFETY REGULATORY AUDITS

(a) The Authority shall conduct safety regulatory audits of meteorological service provider.

(b) The safety regulatory audits referred to in paragraph (a) shall—

(1) provide the Authority with evidence of compliance with applicable safety regulatory requirements and

with implementing arrangements by evaluating the need for improvement or corrective action;

(2) be independent of internal auditing activities undertaken by the meteorological service provider

concerned as part of its safety or quality management systems;

(3) be conducted by MET qualified inspectors;

(4) apply to complete implementing arrangements or elements thereof, and to processes, products or

srvices;

(5) determine whether—

(i) implementing arrangements comply with safety regulatory requirements;

(ii) actions taken comply with the implementing arrangements;

(iii) the results of actions taken match the results expected from the implementing arrangements;

and

(iv) lead to the correction of any identified non-conformities

(c) Within the inspection programme, the Authority shall establish and update at least annually a programme of

safety regulatory audits in order to—

(1) cover all the areas of potential safety concern, with a focus on those areas where problems have been

identified;

(2) cover all the Aeronautical MET service providers, services;

(3) ensure that audits are conducted in a manner commensurate to the level of risk posed by the service

providers’ activities;

(4) ensure that sufficient audits are conducted over a period of 1 year to check the compliance of all these

MET service providers with applicable safety regulatory requirements in all the relevant areas of the

functional system;

(5) ensure follow up of the implementation of corrective actions.

(d) The Authority may decide to modify the scope of pre-planned audit and to include additional audits,

wherever that need arises.

(e) The Authority shall decide which arrangements, elements, services, functions, products, physical locations

and activities are to be audited within a specified time frame.

(f) Audit observations and identified non-conformities shall be documented. The latter shall be supported by

evidence, and identified in terms of the applicable safety regulatory requirements and their implementing

arrangements against which the audit has been conducted.

(g) An audit report, including the details of the non-conformities, shall be drawn up.

24.180 CORRECTIVE ACTIONS

(a) The Authority shall communicate the audit findings to audited meteorological service provider and shall

simultaneously request corrective actions to address the non-conformities identified without prejudice to

any additional action required by the applicable safety regulatory requirements.

(b) MET service provider audited shall determine the corrective actions deemed necessary to correct non-

conformities and the time frame for their implementation.

(c) The Authority shall assess the corrective actions as well as their implementation as determined by audited

MET service providers and accept them if the assessment concludes that they are sufficient to address the

non-conformities.


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(d) Meteorological service provider audited shall initiate the corrective actions accepted by the Authority.

These corrective actions and the subsequent follow-up process shall be completed within the period

accepted by competent authorities.

24.185 SAFETY OVERSIGHT OF CHANGES TO FUNCTIONAL SYSTEMS

(a) Meteorological service provider shall only use procedures accepted by the Authority when deciding

whether to introduce a safety-related change to their functional systems.

(b) Meteorological service provider shall notify the Authority of all planned safety related changes.

24.190 ADMINISTRATIVE FINES

(a) If any provision of these Regulations, any orders, notices or proclamations made thereunder is contravened in relation to the provision of services by the aeronautical meteorological service provider or head of department or the MET staff on duty, if the aeronautical meteorological service provider or head of department or the MET staff on duty 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 for the purposes of the following provisions of this regulation to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.

(b) Any who contravenes any provision of these Regulations shall be guilty of an offence and shall on conviction be liable for each offence and/or each flight to a fine not exceeding the amount specified in Appendix 1 to this regulation.


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APPENDICES

APPENDIX 1 TO 24.190

COLUMN 1 COLUMN 2 FINES (Rwandan Francs)

SECTION PARTICULARS INDIVIDUAL CORPORATE

24.130 Meteorological Information Check After Accident

Or Incident

600,000 3,000,000

24.135

Reporting malfunctions and erroneous

Meteorological information

600,000 3,000,000

24.145 Records 300,000 1,500,000

24.150 Continued compliance 600,000 3,000,000

End of RCAR Part 24


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This Page Intentionally Left Blank


866

Bibonye kugira ngo bishyirwe ku mugereka

w’Iteka rya Minisitiri no04/CAB.M/018 ryo ku wa

24/07/2018 rishyiraho amabwiriza ajyanye

n’iby’indege za gisivili

Seen to be annexed to Ministerial

Order no04/CAB.M/018 of 24/07/2018

establishing civil aviation regulations

Vu pour être annexé à l’Arrêté

Ministériel no04/CAB.M/018 du

24/07/2018 établissant les règlements de

l'aviation civile

Kigali, ku wa 24/07/2018

(sé)

GATETE Claver

Minisitiri w’Ibikorwa Remezo

Kigali, on 24/07/2018

(sé)

GATETE Claver

Minister of Infrastructure

Kigali, le 24/07/2018

(sé)

GATETE Claver

Ministre des Infrastructures

Bibonywe kandi bishyizweho Ikirango cya

Repubulika:

(sé)

BUSINGYE Johnston

Minisitiri w’Ubutabera/ Intumwa Nkuru ya Leta

Seen and sealed with the Seal of the

Republic:

(sé)

BUSINGYE Johnston

Minister of Justice/ Attorney General

Vu et scellé du Sceau de la République:

(sé)

BUSINGYE Johnston Ministre de la Justice/ Garde des Sceaux


867

UMUGEREKA WA 25 W’ITEKA RYA MINISITIRI No04/CAB.M/018 RYO KU WA 24/07/2018 RISHYIRAHO AMABWIRIZA

AJYANYE N’IBY’INDEGE ZA GISIVILI

ANNEX 25 TO MINISTERIAL ORDER

No04/CAB.M/018 OF 24/07/2018

ESTABLISHING CIVIL AVIATION

REGULATIONS

ANNEXE 25 D’ARRETE MINISTERIEL

No04/CAB.M/018 DU 24/07/2018

ETABLISSANT LES REGLEMENTS DE

L'AVIATION CIVILE


868


Page 25-1 of 19

Part 25

Aeronautical Information Service

SUBPART A: GENERAL .......................................................................................................................... 3 25.001 PURPOSE & APPLICABILITY............................................................................................................... 3 25.005 DEFINITIONS ...................................................................................................................................... 3 25.010 ACRONYMS & ABBREVIATIONS ....................................................................................................... 3 25.015 GENERAL REQUIREMENTS & PROHIBITIONS ................................................................................ 4 25.020 ISSUE OF RWANDA CIVIL AVIATION TECHNICAL STANDARDS (AERONAUTICAL INFORMATION SERVICES) ............................................................................................................................ 4

SUBPART B: CERTIFICATION REQUIREMENTS .................................................................................. 4 25.025 REQUIREMENT FOR CERTIFICATE ................................................................................................. 4 25.030 APPLICATION FOR CERTIFICATE .................................................................................................... 4 25.035 ISSUE OF CERTIFICATE.................................................................................................................... 4 25.040 PRIVILEGES OF CERTIFICATE HOLDER ........................................................................................ 4 25.045 DURATION OF CERTIFICATE ............................................................................................................. 5 25.050 RENEWAL OF CERTIFICATE .......................................................................................................... 5 25.055 PERSONNEL REQUIREMENTS ........................................................................................................... 5 25.060 DOCUMENTATION ............................................................................................................................ 6 25.065 AERONAUTICAL INFORMATION SERVICE ORGANIZATION MANUAL OF OPERATIONS .......... 6 25.070 AMENDMENT OF CERTIFICATE & MANUAL OF OPERATIONS ..................................................... 7 25.075 FACILITY REQUIREMENTS .............................................................................................................. 7 25.080 SCOPE OF PRE-FLIGHT INFORMATION SERVICE ........................................................................ 7 25.085 COLLECTION OF INFORMATION .................................................................................................... 7 25.090 PUBLICATION OF AERONAUTICAL INFORMATION ....................................................................... 8 25.095 ERROR CORRECTION IN PUBLISHED INFORMATION ................................................................. 9 25.100 QUALITY MANAGEMENT SYSTEM .................................................................................................. 9 25.105 RECORDS .......................................................................................................................................... 9

SUBPART C: OPERATING REQUIREMENTS ..................................................................................... 10 25.110 CONTINUED COMPLIANCE ............................................................................................................. 10 25.115 AIP SERVICE ...................................................................................................................................... 10 25.120 NOTAM SERVICE ............................................................................................................................. 11 25.125 PRE-FLIGHT INFORMATION SERVICE ......................................................................................... 11

SUBPART D: RWANDA AERONAUTICAL INFORMATION PUBLICATION (AIP) ................................. 12 25.130 CONTENTS OF RWANDA AIP ........................................................................................................... 12 25.135 SPECIFICATIONS FOR RWANDA AIP .............................................................................................. 12 25.140 SPECIFICATIONS FOR AIP AMENDMENTS ................................................................................... 13 25.145 SPECIFICATIONS FOR AIP SUPPLEMENTS ................................................................................... 13

SUBPART E: AERONAUTICAL INFORMATION CIRCULARS (AIC) ..................................................... 13 25.150 SPECIFICATIONS FOR AN AIC .......................................................................................................... 13

SUBPART F: NOTICES TO AIRMEN (NOTAM)..................................................................................... 13 25.155 SPECIFICATIONS FOR NOTAM ........................................................................................................ 13 25.160 DISTRIBUTION OF NOTAM ............................................................................................................... 14


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Page 25-2 of 19

SUBPART G: SECURITY PROGRAMME .............................................................................................. 14 25.165 SECURITY PROGRAMME ................................................................................................................. 14

SUBPART H: CONTINGENCY PLAN .................................................................................................... 15 25.170 CONTINGENCY PLAN ....................................................................................................................... 15

SUBPART I: SAFETY OVERSIGHT OF AERONAUTICAL INFORMATION SERVICES ........................ 15 25.175 SAFETY OVERSIGHT FUNCTION ..................................................................................................... 15 25.180 VERIFICATION OF COMPLIANCE WITH SAFETY REGULATORY REQUIREMENTS ................ 15 25.185 SAFETY REGULATORY AUDITS ..................................................................................................... 15 25.190 CORRECTIVE ACTIONS .................................................................................................................. 16 25.195 SAFETY OVERSIGHT OF CHANGES TO FUNCTIONAL SYSTEMS ............................................. 16

SUBPART I: ADMINISTRATIVE FINES .................................................................................................. 17 25.200 ADMINISTRATIVE FINES ................................................................................................................... 17

APPENDIX .............................................................................................................................................. 18 Appendix 1 to 25.200 ....................................................................................................................................... 18



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Page 25-3 of 19

SUBPART A: GENERAL

25.001 PURPOSE & APPLICABILITY

(a) These Regulations may be cited as the Civil Aviation (Aeronautical Information Service) Regulations.

(b) These Regulations prescribe—

(1) the requirements for the certification and operation of organisations providing aeronautical information service provider in Rwanda; and

(2) the requirements for the Rwanda Aeronautical Information Publication, Aeronautical Information Circulars and Notices to Airmen (NOTAMs).

(c) This Part is applicable to—

(1) Persons seeking certification to provide aeronautical information services; and

(2) Organisations that provide the required aeronautical information services; and

(3) Persons that administer the required aeronautical information services on behalf of the organisations.

(d) The Civil Aviation Technical Standards (Aeronautical Information Services) published by the Authority and generically referred to as R-CATS, are also applicable to provision of official aeronautical information for Rwanda.

25.005 DEFINITIONS

(a) For the purpose of this Part, the following definitions apply —

Note: Additional aviation-related terms are defined in Part 1 of these requirements..

Aeronautical Information Publication (AIP). A publication issued by or with the authority of a State and containing aeronautical information of a lasting character essential to air navigation.

Convention. The 1944 Chicago Convention on International Civil Aviation.

Manual of Operations. The manual required by Section 25.065.



Note: Additional aviation-related acronyms are listed in Part 1 of these requirements.

AIP = Aeronautical Information Publication AIC = Aeronautical Information Circulars NOTAM = Notice to Airmen FIR = Flight Information Region

AIRAC = Aeronautical Information Regulation and Control

ENR = En Route

NOF = International NOTAM Office

AFTN = Aeronautical Fixed Telecommunication Network

PIB = Pre-Flight Information Bulletin ILS = Instrument Landing System PSR = Primary Surveillance Radar SSR = Secondary Surveillance Radar SMS = Safety Management System VOR = Visual Operating Restriction NDB = Non-Directional Beacon

VHF = Very High Frequency

RVR = Runway Visual Range


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ICAO = International Civil Aviation Organisation

25.015 GENERAL REQUIREMENTS & PROHIBITIONS

(a) No person may provide aeronautical information services for Rwanda unless they are provided in accordance with—

(1) the requirements of this Part; and

(2) any Civil Aviation Technical Standards prescribed by the Authority.

25.020 ISSUE OF RWANDA CIVIL AVIATION TECHNICAL STANDARDS (AERONAUTICAL INFORMATION SERVICES)

(a) The Authority shall issue Rwanda Civil Aviation Technical Standards–Aeronautical Information Services prescribing standards for these Regulations that provides for the following matters—

(1) standards relating to the procedures, systems and documents required for the provision of aeronautical information service;

(2) standards for facilities and equipment used to provide aeronautical information service;

(3) standards, including competency standards and minimum qualifications, for a technician or, if a service provider is an individual, a service provider;

(4) any matter required or permitted by these Regulations to be provided for by the Standards;

(5) any matter necessary or convenient to be provided for the effective operation of these Regulations.

(b) The standards referred to paragraph (a) shall, for the safety of air navigation, be complied with by—

(1) aeronautical information service certificate holder; and

(2) aeronautical information service certificate applicant.

SUBPART B: CERTIFICATION REQUIREMENTS

25.025 REQUIREMENT FOR CERTIFICATE

(a) No person shall provide an aeronautical information service for the Kigali FIR except under the authority of, and in accordance with the provisions of, an aeronautical information service certificate issued under these Regulations.


(a) An applicant for an aeronautical information service certificate shall complete an application, in a form and in the manner prescribed by the Authority, and submit it to the Authority with—




(a) The Authority shall issue an aeronautical information service certificate to an applicant if the Authority is satisfied that—

(1) the applicant meets the requirements of these Regulations and standards prescribed by the Authority; and

(2) the applicant and the senior person or senior persons required under Section 25.055(a)(1) and (2) are fit and proper persons; and


25.040 PRIVILEGES OF CERTIFICATE HOLDER

(a) The aeronautical information service certificate shall specify the aeronautical information services that the certificate holder is authorised to provide.


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Page 25-5 of 19


(a) An aeronautical information service certificate shall be granted or renewed for a period of up to 2 years.

(b) An aeronautical information service certificate shall remain in force until it expires or is suspended or revoked.

(c) The Authority may, by written notice given to the holder of an aeronautical information service certificate, suspend or revoke the certificate if there are reasonable grounds for believing that—



(d) Before suspending or cancelling an aeronautical information service certificate, the Authority shall—


(i) sets out the facts and circumstances that, in the opinion of the Authority, would justify the suspension or cancellation; and

(ii) invites the holder to show cause, in writing, within 30 days after the date of the notice, why the certificate should not be suspended or revoked; and


(e) The holder of an aeronautical information service certificate that has been suspended or revoked shall forthwith surrender the certificate to the Authority.


(a) An application for the renewal of an aeronautical information service certificate shall complete an application, in a form and in the manner prescribed by the Authority, and submit it to the Authority.

(b) The application for the renewal shall be made not less than 90 days before the expiry date specified on the certificate.

25.055 PERSONNEL REQUIREMENTS

(a) An applicant for the grant of an aeronautical information service certificate shall employ, contract, or otherwise engage—

(1) a senior person identified as the chief executive who has the authority within the organisation to ensure that every aeronautical information service listed in the applicant’s manual of operations—

(i) can be financed and is provided to meet operational requirements; and

(ii) is provided in accordance with the requirements prescribed by these Regulations; and

(2) a senior person or persons ultimately responsible to the chief executive who are responsible for—

(i) ensuring that the organisation complies with its manual of operations; and

(ii) the quality management system required under Section 25.100; and

(3) sufficient personnel to collect, collate, check, coordinate, edit, and publish aeronautical information for the aeronautical information services listed in the applicant’s manual of operations.

(b) The senior person required by paragraph (a)(2)(ii) shall be able to demonstrate competency and experience relevant to the management of safety systems and the activities of the certificate holder.

(c) The applicant shall—

(4) establish a procedure for initially assessing the competence of personnel authorised by the applicant to check, edit, and publish aeronautical information for the aeronautical information services listed in the manual of operations; and

(5) establish a procedure to maintain the competence of those authorised personnel; and

(6) provide those authorised personnel with written evidence of the scope of their authorisation.


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-6 of 19

25.060 DOCUMENTATION

(a) Each applicant for the grant of an aeronautical information service certificate shall—

(1) document the format and standards for the aeronautical information published under the authority of the certificate; and

(2) ensure that the format and standards take into account the circumstances under which the information will be used; and

(3) hold copies of relevant reference material, standards, practices and procedures, and any other documentation that is necessary for the aeronautical information services listed in the manual of operations.

(b) The applicant shall establish a procedure to control all the documentation required by paragraph (a), to ensure that—

(1) the documentation is reviewed and authorised by appropriate personnel before issue; and

(2) current issues of relevant documentation are available to staff at all locations where they need access to such documentation for the aeronautical information services listed in the manual of operations; and

(3) all obsolete documentation is promptly removed from all points of issue or use; and

(4) changes to documentation are reviewed and approved by appropriate personnel; and

(5) the current version of each item of documentation can be identified to preclude the use of out-of-date editions.

25.065 AERONAUTICAL INFORMATION SERVICE ORGANIZATION MANUAL OF OPERATIONS

(a) An applicant for the grant of an aeronautical information service certificate shall provide the Authority with a manual of operations that contains—

(1) a statement signed by the chief executive on behalf of the applicant’s organisation confirming that the manual of operations and any included manuals—

(i) define the organisation and demonstrate its means and methods for ensuring ongoing compliance with the these Regulations; and

(ii) are to be complied with at all times; and

(2) in relation to the quality management system required by Section 25.100—

(iii) all of the required documentation; and

(iv) for an applicant that is not applying for a renewal of an information aeronautical service certificate, an implementation plan that describes how the quality safety management system will be implemented; and

(3) the titles and names of the senior person or persons required by Section 25.055(a); and

(4) the duties and responsibilities of the senior person or persons required Section 25.055(a) including—

(v) matters for which they have responsibility to deal directly with the Authority on behalf of the organisation; and

(vi) responsibilities for quality management; and

(5) an organisation chart showing lines of responsibility of the senior person or persons referred to in Section 25.055(a); and

(6) summary of the staffing structure for each aeronautical information service listed in (7); and

(7) information identifying the lines of safety responsibility within the organisation; and

(8) a list of the aeronautical information services to be covered by the certificate; and

(9) for a pre-flight information service, details of the area, aerodromes and air routes required by Section 25.080; and

(10) the location and address details of the applicable offices required by Section 25.115(b)(1) and Section 120(a); and


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(11) details of the applicant’s format and standards required by Section 25.060(a)(1) for their published aeronautical information; and

(12) details of the applicant’s procedures regarding—

(vii) the competence of personnel; and

(viii) the control of documentation; and

(ix) the collection of information; and

(x) the publication of aeronautical information; and

(xi) the correction of errors in published information; and

(xii) the identification, collection, indexing, storage, maintenance, and disposal of records; and

(13) procedures to control, amend and distribute the manual of operations.

(14) training programme for AIS technical staff

(b) The applicant’s manual of operations shall be approved by the Authority.

25.070 AMENDMENT OF CERTIFICATE & MANUAL OF OPERATIONS

(a) A holder of an aeronautical information service certificate shall ensure that the holder’s manual of operations is amended so as to remain a current description of the holder’s organisation and services.

(b) The certificate holder shall ensure that any amendment made to manual of operations meets the applicable requirements of these Regulations, the standards prescribed by the Authority and complies with the amendment procedures contained in the manual of operations.

(c) The certificate holder shall forward to the Authority for approval and retention a copy of each amendment to manual of operations before incorporating the amendment into the manual of operations.

(d) If there is any change that requires an amendment to the certificate, the certificate holder shall forward the certificate to the Authority for endorsement of the change as soon as practicable.

(e) The certificate holder shall make such amendments to the manual of operations as the Authority may consider necessary in the interests of aviation safety.

25.075 FACILITY REQUIREMENTS

(a) Each applicant for the grant of an aeronautical information service certificate shall establish offices and facilities that—

(1) are appropriate for the aeronautical information services listed in their manual of operations; and

(2) meet the applicable requirements of Section 25.115, Section 25.120 and Section 25.165.

25.080 SCOPE OF PRE-FLIGHT INFORMATION SERVICE

(a) Each applicant for the grant of an aeronautical information service certificate for a pre-flight information service shall, for the pre-flight services listed in the manual of operations, specify—

(1) the geographic area; and

(2) the aerodromes and the air routes originating from those aerodromes.

25.085 COLLECTION OF INFORMATION

(a) Each applicant for the grant of an aeronautical information service certificate shall establish procedures to collect and collate the information required for the aeronautical information services listed in the manual of operations.


(1) applicable information is obtained from organisations that provide services in support of the Rwanda air navigation system; and

(2) applicable information is obtained from the aeronautical information services of other States relevant to the requirements of international aircraft operators operating—


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(xiii) in the areas in which Rwanda is responsible for air traffic services; and

(xiv) on international air routes originating from Rwanda; and

(3) arrangements for the timely provision of information are made with the information originators prescribed in paragraphs (1) and (2); and

(4) information received from the information originators prescribed in (a) is certified as accurate by a person identified by the originator to be responsible for the accuracy of that information.

(c) The procedures for the NOTAM service shall, in addition to paragraph (b), ensure that any originator’s request for the issue of a NOTAM does not require the NOTAM to be effective for more than 3 months.

25.090 PUBLICATION OF AERONAUTICAL INFORMATION

(a) An applicant for the grant of an aeronautical information service certificate shall establish procedures for checking, co-ordinating, editing, publishing and disseminating aeronautical information for the services listed in the applicant’s manual of operations.

(b) The applicant shall ensure that the procedures established under paragraph (a) provide for the following—

(1) the information received under Section 25.085 to be checked against available information is verified as accurate before its publication; and

(2) the information received under Section 25.085 to be edited, accurately published, and disseminated—

(xv) in the format applicable to the operational significance of the information; and

(xvi) if applicable, in accordance with Subpart D, E, or F; and

(xvii) is in a format that takes account of the circumstances under which the information is to be used; and

(3) except for (4), permanent publications and long-term temporary publications to be clearly identified as being published under the authority of the applicant’s aeronautical information service certificate; and

(4) if aeronautical information obtained from the aeronautical information services of other States under Section 25.085(b)(2), Collection of Information, is disseminated, that information to be clearly identified as having the authority of the originating State; and

(5) if information that has not been certified as accurate under Section 25.085(b)(4) is disseminated, that information shall be clearly identified as unverified; and

(6) any permanent change to published information to be coordinated with other applicable information originators before the change is published; and

(7) temporary information that is published without a defined expiry date to be reviewed at an appropriate time to ensure that the originator takes the required action to cancel or reissue the information; and

(8) the aeronautical information to be published in the English language; and

(9) place names to be spelt according to local usage, transliterated when necessary into the Latin alphabet; and

(10) units of measurement to be consistent with those prescribed the Authority; and

(11) abbreviations, consistent with those prescribed in manual of standards, to be used in the published aeronautical information if—

(xviii) their use is appropriate; and

(xix) their use facilitates the dissemination of the information; and

(12) any of the aeronautical information published to be promptly made available to the aeronautical information services of other States, upon request by those States; and

(13) the aeronautical information to be made available in a form that is suitable for the operational requirements of—

(xx) flight operations personnel, including flight crew members and the services responsible for pre- flight briefing; and

(xxi) the air traffic service units responsible for flight information services.


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(c) The applicant shall ensure that the procedures for the AIP service, in addition to paragraph (b), require—

(1) aeronautical charts, and operationally significant information published in AIP Amendments and AIP Supplements, to be published in accordance with the AIRAC system; and

(2) the information published under the AIRAC system to be clearly identified with the acronym AIRAC; and

(3) the information published under the AIRAC system to be distributed so that recipients receive the information at least 28 days before its effective date; and

(4) the information published under the AIRAC system to not change for at least 28 days after the effective date, unless the circumstance notified is of a temporary nature and would not persist for the full period; and

(5) if an AIP Supplement is published to replace a NOTAM, the supplement to include a reference to the serial number of the NOTAM; and

(6) if an AIP Amendment or AIP Supplement is published under the AIRAC system, a NOTAM to be originated giving a brief description of the operationally significant contents, the effective date and the reference number of each amendment or supplement. The NOTAM shall—

(xxii) come into force on the same effective date as the amendment or supplement; and

(xxiii) remain in force for a period of 14 days; and

(7) if there is no applicable information to be published by the AIRAC date, a NIL notification to be issued; and

(8) a NOTAM to be originated if information to be published as an AIP Amendment or AIP Supplement takes effect prior to the effective date of the amendment or supplement.

25.095 ERROR CORRECTION IN PUBLISHED INFORMATION

(a) Each applicant for the grant of an aeronautical information service certificate shall establish procedures to record, investigate, correct, and report any errors that are detected in the aeronautical information published under the authority of the certificate.


(1) the error is corrected by the most appropriate means relative to the operational significance of the error; and

(2) the correction is clearly identified in the republished information; and

(3) the source of the error is identified and, where possible, eliminated; and

(4) the Authority is notified of promulgated information errors.

25.100 QUALITY MANAGEMENT SYSTEM

(c) An applicant for the grant of an aeronautical information service certificate shall establish, implement, and maintain a quality management system that—

(1) is based on the elements of the latest edition of the ISO 9001 standard, as in force from time to time, that are relevant to the provision of AIS; and

(2) includes quality management procedures that address the quality management requirements mentioned in the RTCA Inc. document number RTCA/DO-200A aeronautical data processing standards.

25.105 RECORDS

(a) An applicant for the grant of an aeronautical information service certificate shall establish procedures to identify, collect, index, store, maintain and dispose of the records that are necessary for the aeronautical information services listed in the manual of operations.



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(1) there are records enabling all incoming and outgoing aeronautical information to be readily identified by serial number and date, and that supplementary information can be similarly verified and, where necessary, authenticated; and

(2) there is a record of each person who is authorised by the applicant to check, edit, and publish aeronautical information; and

(3) there is a record of each occurrence of error correction under the procedures required by Section 25.095; and

(4) all records are legible and of a permanent nature; and

(5) all records are retained for at least 5 years except NOTAM, AIP Supplements and Aeronautical Information Circulars, which need only be retained for 60 days after cancellation.

(a) The AIS provider shall maintain individual training records for each of its staff, which shall include a training plan detailing the courses completed by each staff as well as the time-frame for attending future courses as required under his training plan.

(b) The AIS provider shall conduct a yearly review of the training plan for each staff at the beginning of the year to identify any gaps in competency, changes in training requirement and prioritise the type of training required for the coming year.

SUBPART C: OPERATING REQUIREMENTS

25.110 CONTINUED COMPLIANCE

(a) Each holder of an aeronautical information service certificate shall—

(1) hold at least one complete and current copy of the manual of operations at each office listed in the manual of operations; and

(2) comply with all procedures and standards detailed in the manual of operations; and

(3) make each applicable part of the manual of operations available to personnel who require those parts to carry out their duties; and

(4) continue to meet the standards and comply with the requirements of Subpart B of these Regulations and applicable standards prescribed by the Authority for certification; and

(5) notify the Authority of any change of address for service, telephone number, or facsimile number required within 28 days of the change.

25.115 AIP SERVICE

(a) The holder of the aeronautical information service certificate for the AIP service shall publish—

(1) the Rwanda AIP in accordance with Subpart D; and

(2) AIP Amendments in accordance with Section 25.140; and

(3) AIP Supplements in accordance with Section 25.145 for notification of—

(i) temporary changes that are effective for 3 months or longer; and

(ii) information of less than 3 months duration which contains extensive text or graphics; and

(4) the AIC in accordance with Subpart E.

(b) The certificate holder shall, in addition to paragraph (a)—

(1) designate an office or a person as Rwanda’s point of contact with the aeronautical information services of other States for the interchange of the Integrated Aeronautical Information Package, except NOTAM; and

(2) make the Rwanda AIP, AIP Amendments, AIP Supplements and AIC available to any person upon payment of a charge that may apply to the supply of the publications; and

(3) establish a system to disseminate the Rwanda AIP, AIP Amendments, AIP Supplements, aeronautical charts, and AIC in accordance with Section 25.090(c)(3); and


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(4) ensure that every aeronautical chart published as part of the Rwanda AIP conforms to the applicable standards for the charts; and

(5) coordinate the input of all aeronautical information from the originators prescribed in Section 25.085 (b)(1), except—

(i) information which is of immediate operational significance necessitating the immediate issue of a NOTAM; and

(ii) temporary information of a duration of less than 3 months, that only requires the issue of a NOTAM.

25.120 NOTAM SERVICE

(a) The holder of the aeronautical information service certificate for the NOTAM service shall—

(1) designate a NOF for Rwanda; and

(2) operate the NOF on a 24-hour basis; and

(3) establish agreements with other international NOTAM offices for the exchange of NOTAM; and

(4) ensure that—

(i) the NOF is connected to the AFTN; and

(ii) the AFTN connection provides for printed communication; and

(iii) the NOF has appropriate facilities to issue and receive NOTAM distributed by means of telecommunication; and

(5) promptly issue a NOTAM that is in accordance with Subpart D, whenever information received under Section 25.085 requires the issue of a NOTAM; and

(6) at intervals of not more than 1 month, issue a checklist over the AFTN of the NOTAM that are currently in force.

25.125 PRE-FLIGHT INFORMATION SERVICE

(a) A holder of an aeronautical information service certificate for a preflight information service shall make available to flight operations personnel and flight crew members, aeronautical information that—

(1) is essential for the safety, regularity and efficiency of air navigation; and

(2) relates to the geographic area, aerodromes and air routes listed in the certificate holder’s manual of operations.

(b) The aeronautical information provided under paragraph (a) shall include, where applicable—

(1) a summary of current NOTAM and other information of an urgent character, in a plain text PIB; and

(2) relevant elements of the Integrated Aeronautical Information Package; and

(3) relevant maps and charts; and

(4) current information relating to the aerodrome of departure concerning any of the following—

(i) construction or maintenance work on or immediately next to the manoeuvring area;

(ii) rough portions of any part of the manoeuvring area, whether marked or not, including broken parts of the surface of runways and taxiways;

(iii) presence and depth of water on runways and taxiways, including its effect on surface friction;

(iv) parked aircraft or other objects on or immediately next to taxiways;

(v) the presence of other temporary hazards including those created by birds;

(vi) failure or irregular operation of part or all of the aerodrome lighting system including approach, threshold, runway, taxiway, and obstruction lights, and manoeuvring area unserviceability lights, and aerodrome power supply; and

(vii) failure, irregular operation or changes in the operational status of air navigation facilities including ILS and markers, PSR, SSR, VOR, NDB, VHF aeromobile channels, RVR observing system, and secondary power supply.


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(c) The holder of an aeronautical information service certificate for a preflight information service shall make provision for flight crew members to report post-flight information at those aerodromes listed in the holder’s manual of operations.

(d) The holder of an aeronautical information service certificate for a pre-flight information service shall forward any post-flight information reported by flight crew members under paragraph (c) concerning the state and operation of air navigation facilities, to the operator of the navigation facility.

SUBPART D: RWANDA AERONAUTICAL INFORMATION PUBLICATION (AIP)

25.130 CONTENTS OF RWANDA AIP

(a) The Rwanda AIP shall contain current information, data and aeronautical charts relating to—

(1) the regulatory and airspace requirements for air navigation in the Kigali FIR and the areas in which Rwanda is responsible for air traffic services; and

(2) the Rwanda services and facilities that support international air navigation to and from Rwanda; and

(3) the services and facilities that support air navigation within the Rwanda flight information region; and

(4) aerodromes operating under an aerodrome certificate issued in accordance with the Civil Aviation (Aerodrome) Regulations.

(b) The Rwanda AIP shall contain current information, data, and aeronautical charts relating to aerodromes not operating under an aerodrome operating certificate, if—

(1) the aerodrome operator provides the holder of the aeronautical information service certificate for the AIP service with the required data and information relating to the aerodrome; and

(2) the aerodrome operator accepts responsibility for the accuracy and currency of that data and information.

(c) The Rwanda AIP shall include at an appropriate location—

(1) a statement to advise which certificated organisations are responsible for the air navigation facilities, services and procedures covered by the Rwanda AIP; and

(2) the general conditions under which those services and facilities are available for use; and

(3) a list of the differences with the ICAO Standards, Recommended Practices and Procedures that the Authority has filed under Article 38 of the Convention; and

(4) a summary of any significant standards, practices and procedures followed by Rwanda, where the ICAO Standards, Recommended Practices and Procedures allow alternative courses of action.

25.135 SPECIFICATIONS FOR RWANDA AIP

(a) Each publication that forms part of the Rwanda AIP shall—

(1) specify the purpose of the publication, the geographic area covered and that the publication is part of the Rwanda AIP; and

(2) be self-contained, include a table of contents with page numbers, and be paginated clearly; and

(3) specify that it is published—

(i) by the holder of the aeronautical information service certificate for the AIP service; and

(ii) under the authority of the holder’s certificate issued by the Authority; and

(4) not duplicate information unnecessarily and if duplication is necessary, there shall be no difference in the duplicated information in respect of the same facility, service or procedure; and

(5) be dated, or if the publication is in loose-leaf form, each page shall be dated. The date shall consist of the day, month by name, and the year when the aeronautical information becomes effective; and

(6) be updated by means of AIP Amendments or by reissue at regular intervals; and

(7) show clearly the degree of reliability of any unverified information.


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(b) A publication published in loose-leaf form shall—

(1) specify on each page, which publication the page belongs to and that the page is part of the Rwanda AIP; and

(2) contain a checklist that—

(i) gives the current date, and page number or chart title of each page or chart in the publication; and

(ii) is issued with each AIP Amendment; and

(iii) specifies which publication it belongs to; and

(iv) is printed with a page number and the date as prescribed in paragraph (a)(5).

25.140 SPECIFICATIONS FOR AIP AMENDMENTS

(a) Each AIP Amendment shall—

(1) clearly identify, by a distinctive symbol or annotation, all changes to the published information, and all new information on a reprinted page; and

(2) be allocated a serial number, which shall be consecutive and based on the calendar year.

25.145 SPECIFICATIONS FOR AIP SUPPLEMENTS

(a) Each AIP Supplement shall be allocated a serial number which shall be consecutive and based on the calendar year.

(b) The AIP Supplement pages shall remain part of the Rwanda AIP while any parts of their contents remain valid.

(c) A checklist of AIP Supplements currently in force shall be issued with each AIP Supplement or at intervals of not more than one month. The checklist shall be given the same distribution as the supplement.

SUBPART E: AERONAUTICAL INFORMATION CIRCULARS (AIC)

25.150 SPECIFICATIONS FOR AN AIC

(a) Each AIC shall—

(1) be issued in printed form; and

(2) be allocated a serial number which should be consecutive and based on the calendar year.

(b) An AIC affecting international aircraft operators shall be given the same distribution as the AIP.

(c) Where AIC are distributed in more than one series, each series shall be separately identified by a prefix letter.

(d) A checklist of AIC currently in force shall be issued at least once a year and distributed as an AIC.

SUBPART F: NOTICES TO AIRMEN (NOTAM)

25.155 SPECIFICATIONS FOR NOTAM

(a) Each NOTAM shall be allocated a serial number by the NOTAM Office in either an A series or a B series. The serial number within each series shall be consecutive and based on the calendar year.

(b) The B series of NOTAM shall only contain aeronautical information that—

(1) is operationally significant to operators operating within the Kigali FIR; and

(2) is not published in the A series of NOTAM.

(c) The A series of NOTAM shall contain aeronautical information that is operationally significant to international operators operating in—

(1) the Kigali FIR; and

(2) the areas in which Rwanda is responsible for air traffic services.


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(d) Each NOTAM shall be brief, deal with only 1 subject, and be compiled so that its meaning is clear without reference to another document.

(e) If a NOTAM contains information that requires an amendment to the Rwanda AIP or an AIP Supplement, the NOTAM shall contain a cross-reference to the affected Rwanda AIP text or AIP Supplement.

(f) If a NOTAM is issued which cancels or supersedes a previous NOTAM, the serial number of the previous NOTAM shall be specified.

(g) If an error is detected in a NOTAM, a replacement NOTAM which cancels the original shall be issued.

(h) Location indicators included in the text of a NOTAM shall conform to those approved by ICAO.

(i) A curtailed form of location indicator shall not be used.

(j) If no location indicator is assigned to the location, the name of the place, spelt in accordance with Section 25.090(b)(i), shall be entered in the text of the NOTAM.

(k) The NOTAM checklist required under Section 25.120(f) shall—

(1) refer to the latest AIP Amendments, AIP Supplements and the internationally distributed AIC; and

(2) have the same distribution as the actual NOTAM series to which the checklist refers and shall be clearly identified as a checklist.

(l) Each NOTAM in the A series shall be prepared and composed in a manner suitable for international distribution.

25.160 DISTRIBUTION OF NOTAM

(a) Each NOTAM shall—

(1) where possible, be transmitted as a single telecommunication message; and

(2) be distributed to addressees to whom the information is of direct operational significance, and who would not otherwise have at least seven days prior notification.

(b) The B series of NOTAM shall be distributed within Rwanda.

(c) The A series of NOTAM shall be distributed within Rwanda and to those international NOTAM offices with whom agreements have been established under Section 25.120(c).

(d) The AFTN shall be employed for NOTAM distribution, whenever practicable.

(e) When a NOTAM exchanged under the agreement established under Section 25.120(c), is sent by means other than the AFTN, a six-digit date-time group indicating the date and time of filing the NOTAM and the identification of the originator shall precede the text of the NOTAM.

(f) A predetermined distribution system for NOTAM transmitted on the AFTN shall be used, whenever possible, subject to the agreements established under Section 25.120(c) with other international NOTAM offices.

SUBPART G: SECURITY PROGRAMME

25.165 SECURITY PROGRAMME

(a) An applicant for the grant of an aeronautical information service certificate shall establish a security programme for the facilities listed in the applicant's manual of operations.

(b) The security programme required under paragraph (a) shall specify the physical security requirements, practices, and procedures to be followed for the purposes of minimising the risk of destruction of, damage to, or interference with the operation of any aeronautical facility operated under the authority of the aeronautical information service certificate, if such destruction, damage, or interference could endanger the safety of aircraft.


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(c) The security programme required under paragraph () shall include such physical security requirements, practices, and procedures as may be necessary—

(1) to ensure that each aeronautical facility is subject to positive access control at all times to prevent unauthorized entry; and

(2) for personnel to follow in the event of a bomb threat or other threat of damage to an aeronautical facility; and

(3) to monitor an unattended aeronautical facility building to ensure that any intrusion or interference is immediately detected.

(d) The security programme required under paragraph (a) shall include procedures to notify, investigate and report security incidents to the Authority.

SUBPART H: CONTINGENCY PLAN

25.170 CONTINGENCY PLAN

(a) An AIS provider shall have in place contingency plan for all the services it provides in the case of events which result in significant degradation or interruption of its services.

(b) The plan shall include—

(1) the actions to be taken by the members of the AIS provider’s personnel responsible for providing the service;

(2) possible alternative arrangements for providing the service; and

(3) the arrangements for resuming normal operations for the service.

SUBPART I: SAFETY OVERSIGHT OF AERONAUTICAL INFORMATION SERVICES

25.175 SAFETY OVERSIGHT FUNCTION

(a) The Authority shall exercise safety oversight as part of its supervision of requirements applicable to aeronautical information services in order to monitor the safe provision of these activities and to verify that the applicable safety regulatory requirements and their implementing arrangements are met.


(a) The Authority shall establish a process in order to verify compliance with applicable safety regulatory requirements prior to the issue or renewal of a certificate necessary to provide aeronautical information services including safety-related conditions attached to it.



(2) be supported by documentation specifically intended to provide safety oversight personnel with guidance to perform their functions;


(4) be based on safety regulatory audits and reviews conducted; and



(a) The Authority shall conduct safety regulatory audits of all aeronautical information services provider.


(1) provide the Authority with evidence of compliance with applicable safety regulatory requirements and with implementing arrangements by evaluating the need for improvement or corrective action;


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(2) be independent of internal auditing activities undertaken by the service provider concerned as part of its safety or quality management systems;

(3) be conducted by qualified inspectors;

(4) apply to complete implementing arrangements or elements thereof, and to processes, products or services;





(6) lead to the correction of any identified non-conformities

(c) Within the inspection programme, the Authority shall establish and update at least annually a programme of safety regulatory audits in order to—

(1) cover all the areas of potential safety concern, with a focus on those areas where problems have been identified;

(2) cover all the service providers, services;

(3) ensure that audits are conducted in a manner commensurate to the level of risk posed by the service providers’ activities;

(4) ensure that sufficient audits are conducted over a period of 1 year to check the compliance of all these service providers with applicable safety regulatory requirements in all the relevant areas of the functional system;


(d) The Authority may decide to modify the scope of pre-planned audits and to include additional audits, wherever that need arises.

(e) The Authority shall decide which arrangements, elements, services, functions, products, physical locations and activities are to be audited within a specified time frame.

(f) Audit observations and identified non-conformities shall be documented. The latter shall be supported by evidence, and identified in terms of the applicable safety regulatory requirements and their implementing arrangements against which the audit has been conducted.



(a) The Authority shall communicate the audit findings to audited service providers and shall simultaneously request corrective actions to address the non-conformities identified without prejudice to any additional action required by the applicable safety regulatory requirements.

(b) Audited service providers shall determine the corrective actions deemed necessary to correct non- conformities and the time frame for their implementation.

(c) The Authority shall assess the corrective actions as well as their implementation as determined by audited service providers and accept them if the assessment concludes that they are sufficient to address the non- conformities.

(d) Audited service providers shall initiate the corrective actions accepted by the Authority. These corrective actions and the subsequent follow-up process shall be completed within the time period accepted by competent authorities.


(a) Aeronautical information services provider shall only use procedures accepted by the Authority when deciding whether to introduce a safety-related change to their functional systems.


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(b) Aeronautical information services provider shall notify the Authority of all planned safety-related changes.

SUBPART I: ADMINISTRATIVE FINES


(a) If any provision of these Regulations, any orders, notices or proclamations made thereunder is contravened in relation to the provision of services by the aeronautical information service provider or head of department or the responsible staff on duty, if the aeronautical information service provider or head of department or the responsible staff on duty 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 for the purposes of the following provisions of this regulation to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.

(b) Any who contravenes any provision of these Regulations shall be guilty of an offence and shall on conviction be liable for each offence and/or each flight to a fine not exceeding the amount specified in Appendix 1 to 25.200.

The Remainder of this page intentionally left blank


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APPENDIX

Appendix 1 to 25.200

SECTION Particulars FINES (RWANDAN FRANCS)

INDIVIDUAL CORPORATE

25.105 Records 300,000 1,500,000

25.110 Continued compliance 6000,000 3,000,000 End of RCAR Part 25


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887






Order no04/CAB.M/018 of 24/07/2018





l'aviation civile


(sé)

GATETE Claver


Kigali, on 24/07/2018

(sé)

GATETE Claver


Kigali, le 24/07/2018

(sé)

GATETE Claver



Repubulika:

(sé)

BUSINGYE Johnston



Republic:

(sé)

BUSINGYE Johnston



(sé)



888




No04/CAB.M/018 OF 24/07/2018


REGULATIONS


No04/CAB.M/018 DU 24/07/2018


L'AVIATION CIVILE


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Part 26

Aerodromes

SUBPART A: GENERAL .......................................................................................................................... 5 26.001 CITATION & APPLICABILITY................................................................................................................ 5 26.005 DEFINITIONS ....................................................................................................................................... 5 26.010 ACRONYMS & ABBREVIATIONS ....................................................................................................... 11 26.011 CATEGORIES OF AERODROMES .................................................................................................. 13

SUBPART B: CONSTRUCTION OF AERODROMES ........................................................................... 13 26.015 APPLICATION OF THIS SUBPART .................................................................................................. 13 26.020 REQUIREMENTS FOR APPLICATION FOR AN AERODROME CONSTRUCTION PERMIT ...... 13 26.025 ISSUANCE OF AERODROME CONSTRUCTION PERMITS .......................................................... 14 26.030 DESIGN & CONSTRUCTION OF AERODROMES ............................................................................. 14 26.035 REQUIREMENTS FOR AERODROME DESIGN .............................................................................. 14 26.040 AERODROME REFERENCE CODE ................................................................................................... 14

SUBPART C: LICENSING OF AERODROMES .................................................................................... 15 26.045 APPLICATION OF THIS SUBPART .................................................................................................. 15 26.050 APPLICATION FOR LICENCE .......................................................................................................... 15 26.055 CONDITIONS FOR ISSUANCE OF LICENCE .................................................................................. 15 26.060 ISSUANCE OF LICENCE ................................................................................................................... 15 26.065 BREACH OF CONDITIONS OF LICENCE & NON-CONFORMANCE WITH THE LICENSING REQUIREMENTS........................................................................................................................................... 16 26.070 AERODROME OPERATOR LICENCE ............................................................................................... 16 26.075 VALIDITY OF LICENCE ..................................................................................................................... 16 26.080 RENEWAL OF LICENCE ................................................................................................................... 16 26.085 AMENDMENT OF LICENCE .............................................................................................................. 17 26.090 SUSPENSION & CANCELLATION OF LICENCE ............................................................................. 17 26.095 SURRENDER OF LICENCE .............................................................................................................. 18 26.100 [RESERVED] ...................................................................................................................................... 18 26.105 LICENCES REGISTER ....................................................................................................................... 18 26.110 NOTIFICATION & FURNISHING OF INFORMATION ......................................................................... 18

SUBPART D: CERTIFICATION OF AERODROMES ............................................................................. 18 26.115 APPLICATION OF THIS SUBPART .................................................................................................. 18 26.120 APPLICATION FOR CERTIFICATE .................................................................................................. 18 26.125 CONDITIONS FOR ISSUANCE OF CERTIFICATE.......................................................................... 19 26.130 ISSUANCE OF CERTIFICATE .......................................................................................................... 19 26.135 BREACH OF CONDITIONS OF CERTIFICATE & NON-CONFORMANCE WITH THECERTIFICATION REQUIREMENTS ....................................................................................................... 19 26.140 VALIDITY OF CERTIFICATE ............................................................................................................. 20 26.145 RENEWAL OF CERTIFICATE ........................................................................................................... 20 26.150 AMENDMENT OF CERTIFICATE ...................................................................................................... 20 26.155 SUSPENSION & CANCELLATION OF CERTIFICATE .................................................................... 20 26.160 SURRENDER OF CERTIFICATE ...................................................................................................... 21


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26.165 [RESERVED] ...................................................................................................................................... 21 26.170 CERTIFICATES REGISTER ............................................................................................................... 21 26.175 TRANSFER OF AN AERODROME CERTIFICATE .......................................................................... 21 26.180 INTERIM AERODROME CERTIFICATE ............................................................................................. 22

SUBPART E: OBLIGATIONS OF AERODROME OPERATOR ............................................................ 22 26.185 APPLICATION OF THIS SUBPART .................................................................................................. 22 26.190 COMPLIANCE WITH CONDITIONS & PRESCRIBED STANDARDS ................................................. 22 26.195 COMPETENCE OF OPERATIONAL & MAINTENANCE PERSONNEL ............................................ 22 26.200 AERODROME OPERATIONS & MAINTENANCE............................................................................... 22 26.205 AERODROME OPERATOR’S SAFETY MANAGEMENT SYSTEM ................................................. 23 26.210 STORAGE OF INFLAMMABLE & OTHER DANGEROUS GOODS .................................................... 23 26.215 SAFETY MEASURES AGAINST FIRE .............................................................................................. 23 26.220 ACCESS TO THE AERODROME ...................................................................................................... 23 26.225 ENTRY INTO OR EXIT FROM RESTRICTED AREAS OF AERODROME..................................... 24 26.230 TEST-RUNNING OF AIRCRAFT ENGINE......................................................................................... 24 26.235 CERTAIN ACTS PROHIBITED ON AERODROME ........................................................................... 24 26.240 REMOVAL OF OBSTRUCTIONS FROM THE AERODROME SURFACE ...................................... 25 26.245 MAINTENANCE OF ENVIRONMENT MANAGEMENT PROGRAMME ........................................... 25 26.250 PROTECTION OF NAVIGATION AIDS ............................................................................................. 25 26.255 RESPONSIBILITIES OF OPERATOR ............................................................................................... 25 26.260 INSPECTION OF AERODROMES & UNHINDERED ACCESS BY INSPECTORS OF THE AUTHORITY ................................................................................................................................................... 25 26.265 NOTIFYING & REPORTING ............................................................................................................... 26 26.270 AERODROME MOVEMENT AREA INSPECTIONS .......................................................................... 26 26.275 SPECIAL INSPECTIONS .................................................................................................................... 26 26.280 WARNING NOTICES .......................................................................................................................... 27 26.281 REMOVAL OF OBSTRUCTIONS FROM THE AERODROME SURFACE ....................................... 27

SUBPART F: AERODROME MANUAL ................................................................................................ 27 26.285 APPLICATION OF THIS SUBPART .................................................................................................. 27 26.290 REQUIREMENTS FOR AERODROME MANUAL ............................................................................. 27 26.295 INFORMATION TO BE INCLUDED IN AERODROME MANUAL .................................................... 27 26.300 AMENDMENT OF AERODROME MANUAL ..................................................................................... 27 26.305 LOCATION OF THE AERODROME MANUAL .................................................................................. 28

SUBPART G: WILDLIFE HAZARD MANAGEMENT .............................................................................. 28 26.310 APPLICABILITY ................................................................................................................................. 28 26.315 ANIMALS NOT ALLOWED IN RESTRICTED AREAS OF AERODROME ...................................... 28 26.320 WILDLIFE HAZARD MANAGEMENT.................................................................................................. 28 26.325 WILDLIFE HAZARD REDUCTION AT AERODROME ...................................................................... 28 26.330 NATIONAL COMMITTEE ON WILDLIFE HAZARD MANAGEMENT ............................................... 29

SUBPART H: OBSTACLE RESTRICTIONS & REMOVAL ..................................................................... 30 26.335 APPLICATION OF THIS SUBPART .................................................................................................. 30 26.340 ERECTION OF OBSTACLES ............................................................................................................ 30 26.345 ESTABLISHMENT OF OBSTACLE LIMITATION SURFACES ......................................................... 30 26.350 AUTHORISATION TO CONSTRUCT WITHIN THE VICINITY OF AN AERODROME ................... 30 26.355 REMOVAL OF OBSTACLE ................................................................................................................ 31 26.360 MARKING & LIGHTING OF OBSTACLE ........................................................................................... 31


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SUBPART I: AERONAUTICAL GROUND LIGHTING ............................................................................ 31 26.365 APPLICATION OF THIS SUBPART. ................................................................................................. 31 26.370 ESTABLISHMENT & MAINTENANCE OF AERONAUTICAL GROUND LIGHTS ............................ 31 26.375 SECONDARY POWER SUPPLY ....................................................................................................... 32 26.380 AERONAUTICAL BEACONS ............................................................................................................. 32

SUBPART J: AERODROME VISUAL AIDS............................................................................................ 32 26.385 APPLICATION OF THIS SUBPART .................................................................................................. 32 26.390 WIND DIRECTION INDICATORS ....................................................................................................... 32 26.395 SIGNALING LAMP .............................................................................................................................. 32 26.400 SIGNAL PANEL & SIGNALING AREA ................................................................................................ 33 26.405 MARKINGS .......................................................................................................................................... 33 26.410 VOR AERODROME CHECKPOINT MARKING .................................................................................. 33 26.415 AIRCRAFT STAND MARKINGS .......................................................................................................... 33 26.420 APRON SAFETY LINES ...................................................................................................................... 33 26.425 ROAD-HOLDING POSITIONS............................................................................................................. 33 26.430 MANDATORY INSTRUCTION MARKINGS & SIGNS ......................................................................... 33 26.435 INFORMATION MARKING .................................................................................................................. 34 26.440 VISUAL AIDS FOR DENOTING OBSTACLES .................................................................................... 34 26.445 OBSTACLES TO BE MARKED OR LIGHTED .................................................................................... 34 26.450 VISUAL AIDS FOR DENOTING RESTRICTED AREAS ..................................................................... 34 26.455 LANDING DIRECTION INDICATOR .................................................................................................... 34 26.460 LIGHTS ................................................................................................................................................ 34 26.465 MARKERS ........................................................................................................................................... 34

SUBPART K: AERODROME OPERATIONAL SERVICES, EQUIPMENT, INSTALLATIONS & FACILITIES ............................................................................................................................................. 35

26.470 APPLICATION OF THIS SUBPART .................................................................................................. 35 26.475 IMMIGRATION, CUSTOMS & EXCISE AERODROMES .................................................................... 35 26.480 SUPPLY OF AVIATION FUEL TO AIRCRAFT .................................................................................. 35 26.485 AERODROME EMERGENCY PLANNING .......................................................................................... 36 26.490 EMERGENCY PLANNING COMMITTEE ............................................................................................ 36 26.495 AERODROME EMERGENCY EXERCISE .......................................................................................... 37 26.500 EMERGENCY OPERATION CENTRE & COMMAND POST .............................................................. 37 26.505 EMERGENCIES IN DIFFICULT ENVIRONMENT ............................................................................... 37 26.510 AERODROME RESCUE & FIRE FIGHTING SERVICES .................................................................... 37 26.515 REMOVAL OF DISABLED AIRCRAFT ................................................................................................ 40 26.520 APRON MANAGEMENT SERVICE ..................................................................................................... 40 26.525 GROUND SERVICING OF AIRCRAFT ............................................................................................... 41 26.530 AERODROME VEHICLE OPERATION ............................................................................................... 41 26.535 LOCATION, CONSTRUCTION & INSTALLATION OF EQUIPMENT ON OPERATIONAL AREAS .... 42 26.540 FENCING OF AERODROMES & INSTALLATIONS ............................................................................ 42 26.545 MAINTENANCE OF SAFETY INSPECTION PROGRAMME .............................................................. 42 26.550 MAINTENANCE OF FIRE PREVENTION PROGRAMME ................................................................... 42 26.555 ACCESS OF GROUND VEHICLES TO AERODROME MOVEMENT AREA ...................................... 43

SUBPART L: AERODROME MAINTENANCE ....................................................................................... 43 26.560 APPLICATION OF THIS SUBPART ................................................................................................ 43 26.565 MAINTENANCE PROGRAMME ....................................................................................................... 43 26.570 MAINTENANCE OF MOVEMENT & ADJACENT AREAS ................................................................... 43 26.575 PREVENTIVE MAINTENANCE OF VISUAL AIDS .............................................................................. 44


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26.580 CONSTRUCTION OR MAINTENANCE ACTIVITY DURING LOW VISIBILITY OPERATIONS .......... 45 26.585 WORKS AT AERODROMES ............................................................................................................... 45

SUBPART M: ELECTRICAL SYSTEMS ................................................................................................. 45 26.590 APPLICATION OF THIS SUBPART .................................................................................................... 45 26.595 ELECTRICAL POWER SUPPLY SYSTEMS FOR AIR NAVIGATION SERVICES & FACILITIES .... 45

SUBPART N: INFORMATION TO BE REPORTED TO AERONAUTICAL INFORMATION SERVICES . 46 26.600 APPLICATION OF THIS SUBPART .................................................................................................... 46 26.605 AVAILABILITY OF INFORMATION ..................................................................................................... 46 26.610 ACTION REQUIRED FOR OCCURRENCES OF OPERATIONAL SIGNIFICANCE OTHER THAN THOSE INVOLVING ELECTRONIC AIDS AND COMMUNICATION FACILITIES ........................ 47 26.615 ACTION REQUIRED FOR OCCURRENCES THAT AFFECT ELECTRONIC AIDS & COMMUNICATION FACILITIES ...................................................................................................................... 47 26.620 AERONAUTICAL DATA REPORTING ................................................................................................ 48 26.625 EXEMPTION ...................................................................................................................................... 48

SUBPART P: MISCELLANEOUS ........................................................................................................... 48 26.645 APPLICATION OF THIS SUBPART .................................................................................................. 48 26.650 CHANGE OF NAMES OF A LICENCE OR CERTIFICATE HOLDER ............................................ 48 26.655 CHANGE OF ADDRESS OF A LICENCE OR CERTIFICATE HOLDER ...................................... 49 26.660 USE & RETENTION OF LICENCES, CERTIFICATES & RECORDS ................................................. 49 26.665 REPLACEMENT OF DOCUMENTS .................................................................................................... 49 26.670 [RESERVED] ....................................................................................................................................... 49 26.675 CONDITIONS FOR OPERATING AN AERODROME ......................................................................... 49 26.680 STANDARDS FOR PHYSICAL CHARACTERISTICS ......................................................................... 50 26.685 DANGEROUS LIGHT .......................................................................................................................... 50 26.690 LIGHTING OF EN-ROUTE OBSTACLES ............................................................................................ 50 26.695 LAND USE IN THE VICINITY OF AN AERODROME ....................................................................... 50 26.700 AERONAUTICAL STUDY .................................................................................................................... 50 26.705 DEVIATIONS FROM STANDARDS ..................................................................................................... 51 26.710 SAFETY INSPECTIONS & AUDITS ................................................................................................... 51 26.715 OBLIGATION TO INSURE AN AERODROME ................................................................................ 51 26.715 ADMINISTRATIVE FINES ................................................................................................................... 51

APPENDICES ......................................................................................................................................... 52 APPENDIX 1 TO 26.205: SYSTEMATIC MANAGEMENT OF SAFETY AT AERODROMES ..................... 52 APPENDIX 1 TO 26.205: OCCURRENCE REPORTING & INVESTIGATION AT AERODROMES ............ 54 APPENDIX 1 TO 26.295: PARTICULARS FOR AERODROME MANUAL FOR AERODROMES IN CATEGORY A ................................................................................................................................................. 56 APPENDIX 2 TO 26.295: PARTICULARS FOR AERODROME MANUAL FOR AERODROMES IN CATEGORIES B & C 62 APPENDIX 3 TO 26.295: PARTICULARS FOR AERODROME MANUAL FOR AERODROMES IN CATEGORY D ................................................................................................................................................. 65 APPENDIX 1 TO 26.620: AERODROME DATA .......................................................................................... 68 APPENDIX 1 TO 26.715 FINES FOR BREACH OF REGULATIONS IN AGERODROME DEPARMENT ...... 71


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SUBPART A: GENERAL


(a) These Regulations may be cited as the Civil Aviation (Aerodromes) Regulations.

(b) This Part prescribes rules governing and applicable to—

(1) design and construction of aerodromes;

(2) certification of aerodromes and the requirements that apply to operators of certified aerodromes;

(3) licensing of aerodromes and the requirements that apply to operators of licensed aerodromes;

(4) heliports design, construction and operation; and

(5) operations of the aerodromes by the Aerodrome Operator Certificate holder and service providers

located on the aerodrome.

(c) This Part is applicable to—

(1) persons and organisations that operate aerodromes within Rwanda; and

(2) the persons performing duties on their behalf; and

(3) persons and organisation that are located on and use the aerodrome.

(d) Civil Aviation Technical Standards published by the Authority to further clarify the applicable aerodrome

standards shall also be applicable to the construction, operations and certification of aerodromes in

Rwanda.

(1) Any reference in these regulations to aerodrome standards and practices is a reference to the

standards and practices for aerodromes that are set out in the Civil Aviation Technical Standards

(Aerodromes) as amended from time to time.

(2) An aerodrome operator shall comply with the standards, practices and procedures that are required

by the Civil Aviation Technical Standards (Aerodromes), as appropriate to the operations conducted

at the aerodrome and the requirements for aircraft using the aerodrome.

(3) The Authority may also publish advisory circulars prescribing acceptable methods and procedures for

compliance with these regulations and the prescribed standards.

26.005 DEFINITIONS

(a) For the purpose of this Subpart, the following definitions apply—

Accuracy. A degree of conformance between the estimated or measured value and the true value;

Aerodrome. A defined area on land or water (including any buildings, installations, and equipment) intended

to be used either wholly or in part for the arrival, departure and surface movement of aircraft;

Aerodrome beacon. An aeronautical beacon used to indicate the location of an aerodrome from the air;

Aerodrome certificate. A certificate issued by the appropriate authority under applicable regulations for

the operation of an aerodrome.

Aerodrome elevation. The elevation of the highest point of the landing area;

Aerodrome identification sign. A sign placed on an aerodrome to aid in identifying the aerodrome from the

air.

Aerodrome facilities and equipment. Facilities and equipment, inside or outside the boundaries of an

aerodrome that are constructed or installed and maintained for the arrival, departure and surface

movement of aircraft;

Aerodrome manual. The manual that forms part of the application for a license or a certificate under these

Regulations, including any amendments to the manual, approved by the Authority;

Aerodrome mapping data (AMD). Data collected for the purpose of compiling aerodrome mapping

information for aeronautical uses.


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Aerodrome mapping database (AMDB). A collection of aerodrome mapping data organized and arranged

as a structured data set.

Aerodrome reference code. A code used for planning purposes to classify an aerodrome with respect

to the critical aircraft characteristics for which the aerodrome is intended;

Aerodrome reference point. The designated geographical location of an aerodrome;

Aeronautical beacon. An aeronautical ground light visible at all azimuths, either continuously or

intermittently, to designate a particular point on the surface of the earth;

Aeronautical ground light. Any light specially provided as an aid to air navigation, other than a light

displayed on an aircraft;

Aeroplane reference field length. The minimum field length required for take-off at maximum certificated

take-off mass, sea level, standard atmospheric conditions, still air and zero runway slope, as shown

in the appropriate aeroplane flight manual prescribed by the certificating authority or equivalent data

from the aeroplane manufacturer. Field length means balanced field length for aeroplanes, if

applicable, or take-off distance in other cases.

Aeronautical Information Circular. A notice containing information that does not qualify for the

origination of a NOTAM or for inclusion in the Aeronautical Information Publication, but which

relates to flight safety, air navigation, technical, administrative or legislative matters;

Aeronautical Information Publication. An aeronautical information publication of a lasting character

essential to air navigation, issued by the Authority;

Air traffic service. A flight information service, alerting service, air traffic advisory service, or air traffic control

service;

Air traffic service unit. A generic term meaning variously, air traffic control unit, flight information centre

or air traffic services reporting office;

Aircraft Classification Number. A number expressing the relative effect of an aircraft on a pavement

for a specified standard subgrade category;

Aircraft stand. A designated area on an apron intended to be used for parking an aircraft;

Apron. A defined area, on an aerodrome, intended to accommodate aircraft for purposes of loading or

unloading of passengers, mail or cargo, fuelling, parking or maintenance;

Apron management service. A service provided to regulate the activities and the movement of aircraft

and vehicles on an apron;

Arresting system. A system designed to decelerate an aeroplane overrunning the runway.

Autonomous runway incursion warning system (ARIWS). A system which provides autonomous

detection of a potential incursion or of the occupancy of an active runway and a direct warning to a

flight crew or a vehicle operator

Authority. The Rwanda Civil Aviation Authority established pursuant to the Laws of Rwanda

Authorized person. Any person authorized by the Authority either generally or in relation to a particular

case or class of cases and reference to an authorized person includes references to the holder for

the time being of an office designated by the Authority;

Balked landing. A landing manoeuvre that is unexpectedly discontinued at any point below the obstacle

clearance altitude/height (OCA/H)

Barrette. Three or more aeronautical ground lights closely spaced in a transverse line so that from a distance

they appear as a short bar of light.

Calendar. Discrete temporal reference system that provides the basis for defining temporal position to a

resolution of one day (ISO 19108?).

Capacitor discharge light. A lamp in which high-intensity flashes of extremely short duration are produced

by the discharge of electricity at high voltage through a gas enclosed in a tube.

Certificate. The certificate to operate an aerodrome issued by the Authority under these Regulations;


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Certified aerodrome. An aerodrome whose operator has been granted an aerodrome certificate under these

regulations;

Clearway. A defined rectangular area under the control of the appropriate authority selected or prepared

as a suitable area over which an aircraft may make a portion of its initial climb to a specified height;

Cyclic redundancy checks (CRC). A mathematical algorithm applied to the digital expression of data that

provides a level of assurance against loss or alteration of data.

Data quality. A degree or level of confidence that the data provided meet the requirements of the data user

in terms of accuracy, resolution and integrity.

Controlled aerodrome. An aerodrome where air traffic services are provided;

Critical aircraft. The most demanding aircraft in terms of its size and maximum take-off weight that is

proposed to use an aerodrome facility;

Declared distance—

(i) accelerate-stop distance available. which is the length of the take-off run available plus the

length of the stopway, if provided;

(ii) landing distance available. which is the length of the runway which is declared available and

suitable for the ground run of an aircraft landing;

(iii) take-off distance available. which is the length of the take-off run available plus the length of

the clearway, if provided;

(iv) take-off run available. which is the length of runway declared available and suitable for the

ground run of an aircraft taking off;

Dangerous goods. Articles or substances which are capable of posing a risk to health, safety, property

or the environment;

Datum. Any quantity or set of quantities that may serve as reference or basis for calculation of other

quantities;

Displaced threshold. A threshold not located at the extremity of a runway;

Effective intensity. The effective intensity of a flashing light is equal to the intensity of a fixed light of the

same colour which will produce the same visual range under identical conditions of observation.

Ellipsoid height (Geodetic height). The height related to the reference ellipsoid, measured along the

ellipsoidal outer normal through the point in question.

Fixed light. A light having constant luminous intensity when observed from a fixed point.

Frangible object. An object of low mass designed to break, distort or yield on impact so as to present the

minimum hazard to aircraft.

Note. — Guidance on design for frangibility is contained in the Aerodrome Design Manual (Doc 9157),

Part 6.

Foreign object debris (FOD). An inanimate object within the movement area which has no operational or

aeronautical function and which has the potential to be a hazard to aircraft operations.

Geodetic datum. A minimum set of parameters required to define location and orientation of the local

reference system with respect to the global reference system/frame.

Geoid. The equipotential surface in the gravity field of the earth which coincides with the undisturbed Mean

Sea Level extended continuously through the continents;

Geoid undulation. The distance of the geoid above (positive) or below (negative) the mathematical

reference ellipsoid;

Gregorian calendar. Calendar in general use; first introduced in 1582 to define a year where common years

have 365 days and leap years 366 divided into twelve sequential months;

Hazard beacon. An aeronautical beacon used to designate a danger to air navigation;


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Heliport. An aerodrome or a defined area on a structure intended to be used wholly or in part for the

arrival, departure and surface movement of helicopters;

Holding bay. A defined area where aircraft can be held, or bypassed, to facilitate efficient surface

movement of aircraft;

Holdover time. The estimated time the anti-icing fluid (treatment) will prevent the formation of ice and

frost and the accumulation of snow on the protected (treated) surfaces of an aeroplane

Hot spot. A location on an aerodrome movement area with a history or potential risk of collision or

runway incursion, and where heightened attention by pilots/drivers is necessary.

Human factor principles. Principles which apply to aeronautical design, certification, training,

operations and maintenance and which seek safe interface between the human and

other system components by proper consideration to human performance;

Human performance. Human capabilities and limitations, which have an impact on the safety and

efficiency of aeronautical operations;

Identification beacon. An aeronautical beacon emitting a coded signal by means of which a particular

point of reference can be identified;

Independent parallel approaches. Simultaneous approaches to parallel or near-parallel instrument

runways where radar separation minima between aircraft on adjacent extended runway centre

lines are not prescribed.

Independent parallel departures. Simultaneous departures from parallel or near-parallel instrument

runways.

incident. An occurrence other than an accident associated with the operation of an aircraft, which

affect or may affect the safety of operation of aircraft;

instrument runway. Any of the following types of runways intended for the operation of aircraft using

instrument approach procedures—

(i) non- precision approach runway., which means an instrument runway served by visual

aids and a non-visual aid providing at least directional guidance adequate for a straight-

in approach;

(ii) precision approach runway, category I., which means an instrument runway served by

instrument landing system and/or microwave landing system and visual aids intended for

operation with a decision height not lower than 60m (200 ft) and either a visibility not less

than 800 m or a runway visual range not less than 550m;

(iii) precision approach runway, category II., which means an instrument runway served by

Instrument Landing System and/or Microwave Landing System and visual aids intended

for operation with a decision height lower than 60m (200 ft) but not lower than 30 m (100

ft) and a runway visual range not less than 300 m;

Integrity (aeronautical data). A degree of assurance that an aeronautical data and its value has

not been lost nor altered since the data origination or authorised amendment;

Integrity classification (aeronautical data). Classification based upon the potential risk resulting

from the use of corrupted data. Aeronautical data is classified as—

(i) routine data: there is a very low probability when using corrupted routine data that the

continued safe flight and landing of an aircraft would be severely at risk with the potential

for catastrophe;

(ii) essential data: there is a low probability when using corrupted essential data that the

continued safe flight and landing of an aircraft would be severely at risk with the potential

for catastrophe; and

(iii) critical data: there is a high probability when using corrupted critical data that the continued

safe flight and landing of an aircraft would be severely at risk with the potential for

catastrophe.


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Intermediate holding position. A designated position intended for traffic control at which taxiing

aircraft and vehicles stop and hold until they are cleared to proceed, when so instructed by the

aerodrome control tower;

Law. Law No. 52/2010 of 20/01/2011 governing civil aviation in Rwanda;

Landing area. That part of a movement area intended for the landing or take-off of aircraft;

Landing direction indicator. A device to indicate visually the direction currently designated for

landing and for take-off.

Laser-beam critical flight zone (LCFZ). Airspace in the proximity of an aerodrome but beyond the

LFFZ where the irradiance is restricted to a level unlikely to cause glare effects.

Laser-beam free flight zone (LFFZ). Airspace in the immediate proximity of the aerodrome where the

irradiance is restricted to a level unlikely to cause any visual disruption.

Laser-beam sensitive flight zone (LSFZ). Airspace outside, and not necessarily contiguous with,

the LFFZ and LCFZ where the irradiance is restricted to a level unlikely to cause flash-

blindness or after-image effects.

Lighting system reliability. The probability that the complete installation operates within the specified

tolerances and that the system is operationally usable.

Licence. A licence to operate an aerodrome issued by the Authority under these Regulations;

Manoeuvring area. that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft,

excluding aprons;

Marker. An object displayed above ground level in order to indicate an obstacle or delineate a boundary;

Marking. A symbol or group of symbols displayed on the surface of the movement area in order to

convey aeronautical information;

Minister. The Minister for the time being responsible for civil aviation;

Movement area. That part of the aerodrome to be used for take-off, landing and taxiing of aircraft,

consisting of the manoeuvring area and apron(s);

Near-parallel runways. Non-intersecting runways whose extended centre lines have an angle of

convergence/divergence of 15 degrees or less.

Notify. Shown in Aeronautical Information Publications, Aeronautical Information Circulars, NOTAM,

civil aviation publications or any other official publication issued for the purpose of enabling any

of the provisions of these Regulations to be complied with;

Non-instrument runway. A runway intended for the operation of aircraft using visual approach

procedures;

Normal flight zone (NFZ). Airspace not defined as LFFZ, LCFZ or LSFZ but which must be protected

from laser radiation capable of causing biological damage to the eye.

Obstacle. Any fixed (whether temporary or permanent) and mobile object, or part thereof, that—

(i) is located on an area intended for the surface movement of aircraft; or

(ii) extends above a defined surface intended to protect aircraft in flight; or

(iii) stands outside those defined surfaces and that has been assessed as being a hazard to

air navigation.

Orthometric height. Height of a point related to the geoid, generally presented as an MSL elevation.

Obstacle free zone. The airspace above the inner approach surface, inner transitional surfaces, the

balked landing surface and that portion of the strip bounded by these surfaces, which is not

penetrated by any fixed obstacle other than a low-mass and frangibly mounted one required

for air navigation purposes;

Obstacle limitation surfaces. A series of surfaces that define the volume of airspace at and around

an aerodrome to be kept free of obstacles in order to permit the intended aircraft operations to

be conducted safely and to prevent the aerodrome from becoming unusable by the growth of

obstacles around the aerodrome;


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Operator. A person operating an aerodrome licensed or certificated under these Regulations;

Pavement Classification Number. A number expressing the bearing strength of a pavement for

unrestricted operations;

Precision approach runway. (see instrument runway);

Prescribed. Prescribed by the Authority in the Manual of Aerodrome Standards, Circulars, Orders,

Notices, Aeronautical Publications and any other documents;

Primary runway. A runway used in preference to others whenever conditions permit;

Recommended practice. Any specification for the physical characteristics configuration, material,

performance or procedure, the uniform application of which is recognised as desirable in the

interest of safety, regularity or efficiency of international air navigation;

Relevant authority. Any authority other than the Civil Aviation Authority whose action may be

necessary or complimentary for the implementation of these Regulations;

Road. An established surface route on the movement area meant for the exclusive use of vehicles;

Road-holding position. A designated position at which vehicles may be required to hold;

Runway. A defined rectangular area on a land aerodrome prepared for the landing and take-off of

aircraft;

Runway end safety area (RESA). An area symmetrical about the extended runway centreline and

adjacent to the end of the strip primarily intended to reduce the risk of damage to an aircraft

undershooting or overrunning the runway;

Runway guard lights. A light system intended to caution pilots or vehicle drivers that they are about

to enter an active runway.

Runway-holding position. A designated position intended to protect a runway, an obstacle

limitation surface, or an Instrument Landing System/Microwave Landing System critical or

sensitive area at which taxiing aircraft and vehicles shall stop and hold, unless otherwise

authorized by the aerodrome control tower;

Runway strip. A defined area including the runway and stopway, if provided, intended—

(i) to reduce the risk of damage to aircraft running off a runway; and;

(ii) to protect aircraft flying over it during take-off or landing operations;

Runway turn pad. A defined area on a land aerodrome adjacent to a runway for the purpose of

completing a 180-degree turn on a runway;

Runway visual range. The range over which a pilot of an aircraft on the centre line of a runway can

see the runway surface markings or the lights delineating the runway or identifying its centre

line;

Rwanda Civil Aviation Standards (Aerodromes). A publication developed by the Authority on

aerodrome standards;

Safety. A state in which the risk of harm to persons or of property damage is reduced to, and

maintained at or below unacceptable level through a continuing process or hazard

identification and risk management;

Safety management system (SMS). A systematic approach to managing safety including the

necessary organizational structure, accountabilities, policies and procedures;

Segregated parallel operations. Simultaneous operations on parallel or near-parallel instrument

runways in which one runway is used exclusively for approaches and the other runway is used

exclusively for departures.

Signal area. An area on an aerodrome used for the display of ground signals;

Shoulder. An area adjacent to the edge of a pavement, prepared to provide a transition between the

pavement and the adjacent surface;

Sign—

(i) Fixed message sign. A sign presenting only one message.


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(ii) Variable message sign. A sign capable of presenting several predetermined messages

or no message, as applicable.

Standard. Any specification for physical characteristics, configuration, material, performance,

personnel or procedure, the uniform application of which is recognised as necessary for the

safety of air navigation;

Station declination. An alignment variation between the zero-degree radial of a VOR and true north,

determined at the time the VOR station is calibrated.

Stopway. A defined rectangular area on the ground at the end of the take-off run available, prepared

as a suitable area in which an aircraft can be stopped in the case of an abandoned take-off;

Switch-over time (light). The time required for the actual intensity of a light measured in a given

direction to fall from 50 per cent and recover to 50 per cent during a power supply changeover,

when the light is being operated at intensities of 25 percent or above.

Take-off runway. A runway intended for take-off only.

Taxiway. A defined path on a land aerodrome established for the taxiing of aircraft and intended

to provide a link between one part of the aerodrome and another, including—

(i) an aircraft stand taxilane which is a portion of an apron designated as a taxiway and

intended to provide access to aircraft stands only;

(ii) an apron taxiway which is a portion of a taxiway system located on an apron and intended

to provide a through taxi route across the apron;

(iii) rapid exit taxiway which is a taxiway connected to a runway at an acute angle and

designed to allow landing aircrafts to turn off at higher speeds than are achieved on other

exit taxiways thereby minimizing runway occupancy times;

Taxiway intersection. A junction of two or more taxiways.

Taxiway strip. An area including a taxiway intended to protect aircraft operating on a taxiway and to

reduce the risk of damage to an aircraft accidentally running off the taxiway;

Threshold. The beginning of that portion of the runway usable for landing;

Touchdown zone. The portion of a runway beyond the threshold, intended for landing aircraft on first

contact with the runway;

Usability factor. The percentage of time during which the use of a runway or system of runways is not

restricted because of the crosswind component.

Note: Crosswind component means the surface wind component at right angles to the runway

centre line.

Unserviceable area. A part of the movement area that is unfit and unavailable for use by aircraft;

Vicinity. A defined airspace around an aerodrome for control of obstacles that may infringe the

obstacle limitation surfaces around the aerodrome, contained within a radius of twelve and half

kilometres from the aerodrome reference point up to a height of one thousand five hundred feet

above ground level;

Wildlife. Feral birds and animals, including domestic animals out of the control of their owners;

Wildlife hazard. A potential for a damaging aircraft collision with wildlife on or near an aerodrome.


ADOC = Aerodrome Operator Certificate ACN = Aircraft Classification Number AIP = Aeronautical Information Publication

AIS = Aeronautical Information Service

ARC = Aerodrome Reference Code

ARP = Aerodrome Reference Point

HOC = Heliport Operator Certificate


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NOTAM = Notice to Airmen

PCN = Pavement Classification Number

R-CATS = Rwanda Civil Aviation Technical Standards

RESA = Runway End Safety Area

RFFS = Rescue and Fire Fighting Service

SMS = Safety Management System

26.011 CATEGORIES OF AERODROMES

(a) In these Regulations aerodromes shall be categorised as follows—

(1) category A comprising aerodromes intended to be used for international air transport operations.

(2) category B comprising aerodromes intended to be used for domestic air traffic including aircraft of

maximum certificated take-off mass above five thousand seven hundred kilogrammes

(3) category C comprising aerodromes intended to be used for domestic air traffic of maximum

certificated take-off mass not exceeding five thousands seven hundred kilogrammes;

(4) category D comprising aerodromes intended to be used by helicopters only.

SUBPART B: CONSTRUCTION OF AERODROMES

26.015 APPLICATION OF THIS SUBPART

(a) This Subpart applies to all categories of aerodromes except where otherwise specified.

(b) In exercising its functions under this Regulation, the Authority shall act in accordance with relevant ICAO

standards and recommended practices subject to any differences and comments notified to ICAO.

26.020 REQUIREMENTS FOR APPLICATION FOR AN AERODROME CONSTRUCTION PERMIT

(c) A person shall not construct an aerodrome unless that person has a valid aerodrome construction permit

issued under Section 26.025.

(1) An application for an aerodrome construction permit shall be considered for approval, where—

(i) the applicant holds a valid authorization from a relevant authority for use of the place as an

aerodrome;

(ii) the application is approved by the authority responsible for national environment management;

(2) The Authority shall prior to issuance of a construction permit, assess the suitability of the place

proposed for construction taking into consideration—

(i) the proximity of the place to other aerodromes and landing areas including military aerodromes

obstacles, terrain and existing airspace restrictions; and

(ii) that it is not against public interest that the place where the aerodrome is to be constructed

should be used as such.

(3) An applicant for an aerodrome construction permit shall submit to the Authority for approval an

application in the prescribed form accompanied by—

(i) a detailed design of the proposed construction including related architectural requirements

approved by the relevant authority;

(ii) aerodrome data in accordance with the characteristics of the aircraft for which the aerodrome is

intended; and

(iii) a topographical map of the proposed aerodrome site as specified by the Authority:

(iv) airspace study;

(v) obstacle limitation surface study; and

(vi) weather condition analysis report.


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26.025 ISSUANCE OF AERODROME CONSTRUCTION PERMITS

(a) The Authority shall issue an aerodrome construction permit to an applicant where the application meets the

requirements provided in Section 26.030 and 26.020 the specifications as may be prescribed by the

Authority and any other requirements as may be specified by any relevant authority.

26.030 DESIGN & CONSTRUCTION OF AERODROMES

(a) An applicant for a construction permit shall ensure that the design and construction of the aerodrome is

undertaken by a person registered by the relevant professional body.

(b) The Authority shall inspect the site of an aerodrome during construction to ascertain compliance with the

standards prescribed and the terms of the aerodrome construction permit.

26.035 REQUIREMENTS FOR AERODROME DESIGN

(a) An aerodrome design shall—

(1) indicate the physical characteristics as prescribed by the Authority;

(2) indicate the obstacle limitation surfaces;

(3) integrate security measures in accordance with the Civil Aviation (Security) Regulations

(4) indicate visual aids for navigation obstacles and restricted areas

(5) indicate the appropriate equipment and installations.

(b) The physical characteristics, obstacle limitation surfaces, visual aids and equipment and installations,

required under paragraph (a) shall—

(1) be appropriate to the critical aircraft characteristics for which the aerodrome intends to serve;

(2) be at the lowest meteorological minima for each runway;

(3) provide ambient light conditions during the operations of aircraft

(4) comply with the appropriate aerodrome design standards as prescribed by the Authority).

26.040 AERODROME REFERENCE CODE

(a) An aerodrome reference code comprising a code number and a code letter shall be used for aerodrome

planning purposes.

(b) The Authority shall determine the aerodrome reference code in accordance with the characteristics of

aerodromes so as to provide a series of aerodrome facilities that are suitable for the aeroplanes that are

intended to operate at the aerodrome.

(c) The aerodrome reference code numbers and code letters required under paragraph (a) shall be determined

in accordance with specifications in Table 1.

TABLE 1: AERODROME REFERENCE CODE

Code Element 1 Code Element 2

Code

number

(1)

Aerodrome

reference field

length (2)

Cod

e

letter

(3)

Wing span (4) Outer main gear

wheel span (5)

1 Less than 800 m A Up to but not

including 15 m

Up to but not

including 4.5 m

2 800 m up to but

not including 1

200 m

B 15 m up to but not

including 24 m

4.5 m up to but

not including 6 m


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3 1 200 m up to but

not including 1

800 m

C 24 m up to but not

including 36 m

6 m up to but not

including 9 m

4 1 800 m and over D 36 m up to but not

including 52m

9 m up to but not

including 14 m

E 52 m up to but not

including 65 m

9 m up to but not

including 14 m

F 65 m up to but not

including 80 m

14m up to but not

including 16 m

SUBPART C: LICENSING OF AERODROMES


(a) This Subpart applies to aerodromes in categories B, C and D except where otherwise specified.

26.050 APPLICATION FOR LICENCE

(a) An application for a licence shall be made in the prescribed form accompanied by—

(1) an aerodrome manual;

(2) a site plan for the aerodrome;

(3) an environmental impact assessment report and its approval;

(4) approval from any relevant authority;

(5) proof of financial capability in the case of aerodromes in Category B;

(6) particulars of any non-compliance or deviations from the appropriate aerodrome design, operation or

equipment standards; and

(7) charges as prescribed by the Authority in the Aeronautical Information Publication or Aeronautical

Information Circular.

26.055 CONDITIONS FOR ISSUANCE OF LICENCE

(a) A licence may be issued subject to any conditions that may be prescribed by the Authority

(b) The Authority shall endorse on a licence the conditions for use of an aerodrome and any other details as

may be deemed necessary by the Authority.

(c) Subject to paragraph (a), where an applicant requests or the Authority considers that an aerodrome should

be available for public use, a licence may be granted subject to a condition that the aerodrome shall at all

times be available to all persons on equal terms and conditions.

(d) An aerodrome operator may refuse an aircraft from using the aerodrome except in an emergency situation.

26.060 ISSUANCE OF LICENCE

(a) The Authority shall issue a licence in the prescribed form and manner where—

(1) an applicant is found to be competent to operate an aerodrome on consideration of the previous

conduct and experience of the applicant, the equipment, organisation, staffing, maintenance and

other arrangements of the applicant;

(2) the physical characteristics of the aerodrome and its surroundings are safe for use by aircraft; and

(3) an applicant for a licence complies with the Civil Aviation (Security) Regulations where applicable.


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(b) The issuance of a licence shall be subject to compliance with these Regulations and standards prescribed

by the Authority and any other condition as may be specified or notified by the Authority in accordance with

safety audit and inspection.

(c) The Authority may refuse to grant a licence to an applicant, and where the Authority so refuses, it shall

notify the applicant in writing, of the reasons for the refusal, not later than fourteen days after making that

decision.

(d) A person shall not operate an aerodrome without a licence issued by the Authority.

26.065 BREACH OF CONDITIONS OF LICENCE & NON-CONFORMANCE WITH THE LICENSING REQUIREMENTS

(a) The breach of any condition subject to which a licence is issued including any approval, permission or

exemption shall render the licence invalid.

(b) The Authority shall impose operating restrictions and/or sanctions at a licensed aerodrome in the event of

non- conformance with the licensing requirements or any unresolved safety concerns.

26.070 AERODROME OPERATOR LICENCE

(a) A licence shall specify—

(1) the category of the Aerodrome and the aerodrome reference code;

(2) the restrictions, if any, relating to non-compliance with or deviations from the appropriate aerodrome

design, operation or equipment standards;

(3) the period of validity of the licence.

(b) A licence issued under these Regulations shall not be transferable.

26.075 VALIDITY OF LICENCE

(a) A licence issued under these Regulations shall be valid for a period of two years and shall remain in force

until it expires or is suspended or cancelled by the Authority, in accordance with Section 26.080.

(b) A holder of an aerodrome licence which is suspended or cancelled shall within thirty days of the suspension

or cancellation, surrender the licence to the Authority.

(c) Notwithstanding paragraph (b), where an aerodrome licence is suspended for a period of less than thirty

days, a holder of the licence shall surrender the licence immediately.

(d) Upon request, the Authority shall evaluate the application and issue a certificate valid for an indefinite period to a qualifying applicant where,

(1) annually, 60 days before the anniversary approval date of the aerodrome, the holder of a license shall

submit;

(i) a regulatory compliance checklist,

(ii) an annual declaration on the state of the aerodrome on a form prescribed by the Authority,

(iii) proof of payment for the appropriate charges as prescribed by the Authority in the aeronautical

Information Publication or Aeronautical Information Circular,

(2) the Authority has conducted inspections and audits and determined the aerodrome license holder

complies with the requirements of this regulation.

(3) the aerodrome licence holder agrees to Authority annual surveillance plan

26.080 RENEWAL OF LICENCE

(a) An application for the renewal of a licence shall be made to the Authority in the prescribed form and shall be

accompanied by—

(1) the aerodrome manual if significant changes have been made following the initial licensing;


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(2) particulars of deviations, if any, from the appropriate design, operation or equipment standards; and (3) the appropriate charges as prescribed by the Authority in the Aeronautical Information Publication or

Aeronautical Information Circular.

(b) An application for renewal shall be submitted sixty days before the expiry of the licence.

(c) The renewal of a licence shall be subject to compliance with these Regulations, standards prescribed by

the Authority and any other conditions as may be specified or notified by the Authority as determined by

safety inspections and audit procedures by the Authority, before the renewal of the licence.

26.085 AMENDMENT OF LICENCE

(a) An application for amendment of a licence shall be submitted in a form prescribed by the Authority.

(b) The Authority may request that the application be accompanied by any or all of the following—

(1) an aerodrome manual;



(4) approval from any relevant authority;

(5) proof of financial capability in the case of aerodromes in Category B;


equipment standards; and

(7) the proof of payment of certification fees.

(c) The Authority may, provided the requirements of Section 26.050, are met, where necessary, amend a

licence—

(1) for a change in the use or operation of the aerodrome;

(2) for a change in the boundaries of the aerodrome;

(3) if the holder of the licence requests an amendment; or

(4) if the Authority deems it necessary.

26.090 SUSPENSION & CANCELLATION OF LICENCE

(a) The Authority may suspend an aerodrome licence where—

(1) following a safety inspection or audit, it is evident that the holder of the licence has not complied with

the requirements prescribed in these Regulations and failed to remedy the non- compliance within a

period of thirty days after the inspection;

(2) the holder of the licence prevents the Authority from carrying out a safety inspection or audit in

accordance with these Regulations;

(3) the holder of the licence is under receivership, liquidation or bankruptcy proceedings.

(b) The Authority may, on giving reasons to the holder of a licence, suspend the licence for a period not

exceeding sixty days.

(c) A holder of a licence who is notified of a suspension in paragraph (b) may submit a response in writing

within a period not exceeding fourteen days.

(d) Notwithstanding paragraph (c), the Authority may suspend any or all of the operations at an aerodrome

pending receipt of a response from the holder.

(e) A holder of a licence who is aggrieved by the suspension of a licence may appeal against the suspension to

the Minister, within thirty days of the suspension.

(f) Where an appeal is made under paragraph (e), the holder of a licence shall state in writing the reasons why

in his or her opinion, the suspension should be varied or set aside.

(g) The Minister may vary or set aside the suspension made under paragraph (b) on the basis of the reasons

given in the appeal under paragraph (e).


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(h) Where a holder of a licence does not appeal against the suspension in accordance with paragraph (e), the

Authority may cancel the licence, on giving reasons to the holder of a licence.

26.095 SURRENDER OF LICENCE

(a) Subject to paragraph (b), a holder of a licence may surrender the licence to the Authority at any time.

(b) A holder of a licence who wishes to surrender the licence shall give the Authority not less than thirty days

notice in writing, before the date on which the licence is to be surrendered.

(c) The Authority shall cancel the licence upon the expiry of the period of notice in paragraph (b).

(d) Where, after the expiry of the period in paragraph (b), an aerodrome is abandoned or is not maintained in

accordance with the conditions of the licence, the holder of the licence shall remove, obliterate or modify

the prescribed markings referred to in Section 26.255(f).

26.100 [RESERVED]

26.105 LICENCES REGISTER

(a) The Authority shall maintain a register of all licences issued in accordance with these Regulations.

(b) The register shall contain—

(1) the full name of the holder of an aerodrome licence;

(2) the nationality of the holder of a licence;

(3) the postal, telephone, facsimile and e-mail addresses of a holder of a licence;

(4) the name and location of the aerodrome for which a licence is issued;

(5) the number of the licence;

(6) the date on which the licence was issued; and

(7) any other relevant information.

26.110 NOTIFICATION & FURNISHING OF INFORMATION

(a) An aerodrome operator shall—

(1) in the case of a licence for public use, cause to be notified the times during which the aerodrome is to

be available for take- off and landing of aircraft for public transport or instruction in flying; and

(2) upon request, furnish to an authorised person, information concerning the terms of the licence.

SUBPART D: CERTIFICATION OF AERODROMES


(a) This Subpart applies to aerodromes in Category A.

(b) A person shall not operate an aerodrome in Category A unless that person holds a certificate issued by the

Authority in accordance with this Subpart.


(a) An application for a certificate shall be submitted in a form prescribed by the Authority and shall be

accompanied by—

(1) two copies of the aerodrome manual;




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Page 26-19 of 76

(4) approval from any relevant authority; (5) proof of financial capability;


equipment standards;

(7) the proof of payment of certification fees; and

(8) flight assessment report.

26.125 CONDITIONS FOR ISSUANCE OF CERTIFICATE

(a) Subject to section 26.015(b), a certificate may be issued subject to any conditions that may be prescribed by the Authority in connection with safety requirements for aerodrome operations.

(b) The Authority shall endorse on a certificate the conditions for use of an aerodrome and any other details as

may be deemed necessary by the Authority to ensure that the aerodrome is operated in accordance with

safety requirements.

26.130 ISSUANCE OF CERTIFICATE

(a) The Authority shall issue a certificate in the prescribed form and manner where the Authority is satisfied

that—

(1) the applicant and the personnel of the applicant are adequate in number and have the necessary

competency and experience to operate and maintain an aerodrome;

(2) the aerodrome manual prepared for the aerodrome and submitted with the application contains all the

relevant information;

(3) the aerodrome facilities, services and equipment are established in accordance with approved

standards and recommended practices;

(4) the aerodrome operating procedures make satisfactory provision for the safety of aircraft;

(5) an approved safety management system is in place;

(6) the applicant has an approved Airport security programme in accordance with the Civil Aviation

(Security) Regulations.

(b) The issuance of an Aerodrome certificate shall be subject to compliance with these Regulations and

standards prescribed by the Authority and any other condition as may be specified or notified by the

Authority in accordance with safety audit and inspection.

(c) The Authority may refuse to grant an Aerodrome certificate to an applicant who fails to comply with the

provisions of these regulations, and where the Authority refuses, it shall notify the applicant in writing, of

the reasons for the refusal, not later than fourteen days after making that decision.

(d) The Authority may give its consent to and issue an instrument of transfer of an aerodrome certificate to a

transferee when—

(1) the current holder of the aerodrome certificate notifies the Authority, in writing, at least 60 days before

ceasing to operate the aerodrome, that the current holder will cease to operate the aerodrome as of

the date specified in the notice;

(2) the current holder of the aerodrome certificate notifies the Authority, in writing, of the name of the

transferee;

(3) the transferee applies to the Authority, in writing, within 60 days before the current holder of the

aerodrome certificate ceases to operate the aerodrome for the aerodrome certificate to be transferred

to the transferee; and

(4) the requirements set out in paragraph (a) are met in respect of the transferee.

26.135 BREACH OF CONDITIONS OF CERTIFICATE & NON-CONFORMANCE WITH THECERTIFICATION REQUIREMENTS

(a) The breach of any condition subject to which a certificate is issued including any approval, permission or

exemption shall render the certificate invalid.

(b) The Authority shall impose operating restrictions or sanctions at a certified aerodrome in the event of non-


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Page 26-20 of 76

conformance with the certification requirements or any unresolved safety concerns.

26.140 VALIDITY OF CERTIFICATE

(a) Subject to sub-Regulation (b), a certificate shall be valid for a period of two years, unless the certificate is

suspended, cancelled or revoked in accordance with these Regulations.

(b) Upon request by an applicant under sub-Regulation 26.130(a), the Authority shall evaluate an application and issue a certificate valid for an indefinite period to a qualifying applicant where,

(1) Annually, 60 days before the anniversary approval date of the aerodrome, the holder of a certificate

shall submit;

(i) a regulatory compliance checklist,

(ii) an annual declaration on the state of the aerodrome on a form prescribed by the Authority,

(iii) proof of payment for the appropriate charges as prescribed by the Authority in the aeronautical

Information Publication or Aeronautical Information Circular,

(2) The Authority has conducted inspections and audits and determined the aerodrome certificate holder

complies with the requirements of this regulation.

(3) The aerodrome certificate holder agrees to Authority annual surveillance plan.


(a) An application for the renewal of a certificate shall be made to the Authority in the prescribed form and shall

be accompanied by—

(1) the aerodrome manual if significant changes have been made following the initial certification;

(2) particulars of deviations, if any, from the appropriate design, operation or equipment standards; and

(3) the appropriate charges as prescribed by the Authority in the Aeronautical Information Circular

(b) An application for renewal shall be submitted ninety (90) days before the expiry of the certificate

(c) The renewal of a certificate shall be subject to compliance with these Regulations, standards prescribed by

the Authority and any other conditions as may be specified or notified by the Authority as determined by

safety inspections and audit procedures by the Authority, before the renewal of the certificate.

26.150 AMENDMENT OF CERTIFICATE

(a) An application for amendment of a certificate shall be submitted in a form prescribed by the Authority.

(b) The Authority may, provided the requirements of Section 26.120 and 26.015(b) are met, where

necessary, amend an aerodrome certificate—

(1) for a change in the use or operation of the aerodrome;

(2) for a change in the boundaries of the aerodrome;

(3) if the holder of the aerodrome certificate requests an amendment; or

(4) if the Authority deems it necessary for the purpose of safety of the aerodrome.

26.155 SUSPENSION & CANCELLATION OF CERTIFICATE

(a) The Authority may suspend a certificate where—

(1) following a safety inspection or audit, it is evident that the holder of the certificate has not complied

with the requirements prescribed in these Regulations and failed to remedy the non-compliance within

a period of thirty days after the inspection;

(2) the holder of the certificate prevents the Authority from carrying out a safety inspection or audit in

accordance with these Regulations;

(3) the holder of the certificate is under receivership, liquidation or bankruptcy proceedings, and the Authority has not been notified and approved another entity that has assumed the rights and obligations of the aerodrome certificate holder;

(4) it is deemed necessary by the Authority when the operator fails to comply with safety requirements as


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provided in this Part or the standards prescribed by the Authority in line with international standards and practices.

(b) Upon occurrence of any of the event in sub regulation (a), the Authority may, on giving reasons to the

holder of a certificate, suspend the certificate for a period not exceeding sixty days.

(c) A holder of a certificate who is notified of a suspension in paragraph (b) may submit a response in writing

within a period not exceeding fourteen days.

(d) Notwithstanding paragraph (c), the Authority may suspend any or all of the operations at an aerodrome

pending receipt of a response from the holder.

(e) A holder of a certificate who is aggrieved by the suspension of a certificate may appeal against the

suspension to the Minister, within thirty days of the suspension.

(f) Where an appeal is made under paragraph (e), the holder of a certificate shall state in writing the reasons

why in his or her opinion, the suspension should be varied or set aside.

(g) The Minister may vary or set aside the suspension made under paragraph (b) on the basis of the reasons

given in the appeal under paragraph (e).

(h) Where a holder of a certificate does not appeal against the suspension in accordance with paragraph (e),

the Authority may cancel the certificate, on giving reasons to the holder of a certificate.

26.160 SURRENDER OF CERTIFICATE

(a) Subject to paragraph (b), a holder of a certificate may surrender the certificate to the Authority at any time.

(b) A holder of a certificate who wishes to surrender the certificate shall give the Authority not less than sixty

days’ notice in writing, before the date on which the certificate is to be surrendered.

(c) The Authority shall cancel the certificate upon the expiry of the period of notice in paragraph (b).

(d) Where, after the expiry of the period in paragraph (b), an aerodrome is abandoned or is not maintained in

accordance with the conditions of the certificate, the holder of the certificate shall remove, obliterate or

modify the prescribed markings referred to in Section 26.255(f).

26.165 [RESERVED]

26.170 CERTIFICATES REGISTER

(a) The Authority shall maintain a register of all certificates issued in accordance with these Regulations.

(b) The register shall contain—

(1) the full name of the holder of an aerodrome certificates;

(2) the nationality of the holder of a certificate;

(3) the postal, telephone, facsimile and e-mail addresses of a holder of a certificate;

(4) the name and location of the aerodrome for which a certificate is issued;

(5) the number of the certificate; (6) the date on which the certificate was issued; and

(7) any other relevant information.

26.175 TRANSFER OF AN AERODROME CERTIFICATE

(a) The Authority shall transfer an aerodrome certificate to a transferee when—

(1) the current holder of the aerodrome certificate notifies the Authority, in writing, at least 60 days before

ceasing to operate the aerodrome, that the current holder will cease to operate the aerodrome as of

the date specified in the notice;

(2) the current holder of the aerodrome certificate notifies the Authority, in writing, of the name of the

transferee;

(3) the transferee applies to the Authority, in writing, within 30 days before the current holder of the


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aerodrome certificate ceases to operate the aerodrome for the aerodrome certificate to be transferred

to the transferee; and

(4) the requirements set out in Section 26.130(a)(1)(2) and (6) are met and the transferee is in compliance with the provisions of 26.130(a)(3)(4) and (5).

(b) An application referred to in paragraph (a) (3) shall include a copy of the notice referred to in paragraph

(1)(a)

(c) If the Authority does not consent to the transfer of an aerodrome certificate, it shall notify the transferee, in

writing, of its reasons no later than 14 days after making that decision.

26.180 INTERIM AERODROME CERTIFICATE

(a) The Authority may issue an interim aerodrome certificate to the applicant referred to in Section 26.035 or

the proposed transferee of an aerodrome certificate referred to in Section 26.060 authorizing the applicant

or transferee to operate an aerodrome if the Authority is satisfied that.

(1) an aerodrome certificate in respect of the aerodrome will be issued to the applicant or transferred to

the transferee as soon as the application procedure for the grant or transfer of an aerodrome

certificate has been completed; and

(2) the grant of the interim certificate is in the public interest and is not detrimental to aviation safety.

(b) An interim aerodrome certificate issued pursuant to paragraph (a) shall expire on—

(1) the date on which the aerodrome certificate is issued or transferred; or

(2) the expiry date specified in the interim aerodrome certificate whichever is earlier.

(c) These regulations shall apply to an interim aerodrome certificate in the same manner as they apply to an

aerodrome certificate.

SUBPART E: OBLIGATIONS OF AERODROME OPERATOR


(a) This Part applies to all categories of aerodromes except where otherwise specified.

26.190 COMPLIANCE WITH CONDITIONS & PRESCRIBED STANDARDS

(a) An aerodrome operator shall comply with conditions, if any, endorsed on a licence or certificate.

(b) An aerodrome operator shall comply with the standards prescribed by the Authority acting in accordance with its obligations under section 26.015(b).

26.195 COMPETENCE OF OPERATIONAL & MAINTENANCE PERSONNEL

(a) An operator shall ensure that there is an adequate number of qualified, competent and skilled personnel to

perform its activities for aerodrome operation and maintenance.

(b) Where the Authority or any other relevant authority requires competence certification for the personnel of

an aerodrome, the operator shall employ only those persons with the required certification.

(c) The aerodrome operator shall implement a programme to upgrade the competency of the personnel

referred to in paragraph (a).

26.200 AERODROME OPERATIONS & MAINTENANCE

(a) Subject to any directives the Authority may issue, an operator shall operate and maintain an aerodrome in

accordance with the procedures set out in the aerodrome manual.

(b) The Authority may give written directives to an operator to alter the procedures set out in an aerodrome

manual.


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(c) An operator shall ensure proper and efficient maintenance of the aerodrome facilities.

(d) The aerodrome certificate holder shall coordinate with the ATS provider so that appropriate air traffic

services can be provided to ensure the safety of aircraft in the airspace associated with the aerodrome and

the safety of aircraft at the aerodrome. The coordination shall cover other areas related to safety such as

aeronautical information service, air traffic services, designated meteorological authorities, and security.

26.205 AERODROME OPERATOR’S SAFETY MANAGEMENT SYSTEM

(a) The aerodrome operator shall establish a safety management system for the aerodrome describing the

structure of the organization and the duties, powers and responsibilities of the officials in the organizational

structure, with a view to ensuring that operations are carried out in a demonstrably controlled way and are

improved where necessary.

(b) The aerodrome operator shall oblige all users of the aerodrome, including fixed-base operators, ground-

handling agencies and other organizations that perform activities independently at the aerodrome in

relation to flight or aircraft handling, to comply with the requirements laid down by the aerodrome operator

with regard to safety at the aerodrome. The aerodrome operator shall monitor such compliance.

(c) The structure of the Aerodrome's safety management system shall comply with the requirements specified

in Appendix 1 to 26.205 and the standards specified in the Civil Aviation Technical Standards (Aerodromes)

(d) The aerodrome operator shall require all users of the aerodrome, including fixed-base operators, ground-

handling agencies and other organizations referred to in paragraph (b), to cooperate in the programme to

promote safety at, and the safe use of, the aerodrome by immediately informing it of any accidents,

incidents, defects and faults which have a bearing on safety.

(e) This regulation shall not apply to aerodromes in categories B, C and D aerodromes except where otherwise

specified or requested by the Authority.

26.210 STORAGE OF INFLAMMABLE & OTHER DANGEROUS GOODS

(a) A person shall not store fuel, pyrotechnic materials and other highly inflammable or dangerous goods at an

aerodrome except with the permission of the Authority and in accordance with the prescribed standards.

26.215 SAFETY MEASURES AGAINST FIRE

(a) A person shall not—

(1) smoke within any place, or bring an open flame into any place, where that act is prohibited by a

displayed notice;

(2) where there is no notice prohibiting smoking in a place, smoke within that place, or bring an open

flame into that place, within a distance of an aircraft or, of any vehicle used for the supply of fuel to an

aircraft, or a store, dump, liquid fuel or explosives, as may be prescribed;

(3) willfully give a false fire alarm;

(4) tamper or interfere with any fire hose reel, hydrant or any other item of equipment provided for fire-

fighting purposes;

(5) keep, store, discard or discharge any flammable liquid, gas, signal flares or other like material in an

aircraft, except in the receptacle appropriate for the purpose or in a place on the aerodrome

specifically approved by the aerodrome operator for the purpose; or

(6) store, stack or use any material or equipment in a manner which constitutes or is likely to constitute a

fire hazard.

(b) An operator shall display in conspicuous places appropriate signage in respect of the acts prohibited under

paragraph (a).

26.220 ACCESS TO THE AERODROME

(a) A person shall not access a restricted area of an aerodrome unless authorised by the operator and subject

to such conditions as the operator may impose.


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(b) A person authorised to access a restricted area under paragraph (a) shall not—

(1) move an aircraft or a vehicle in the restricted area except with the permission and directions issued by

the air traffic services personnel;

(2) move an aircraft or vehicle in the restricted area in a manner that endangers the safety of persons and

property;

(3) use a portion of the aerodrome for landing or taking off, other than the area designated for that

purpose.

(c) Pursuant to the provisions of Part 1, Section 1.315, personnel so authorized by the Authority may inspect

and carry out tests on the aerodrome facilities, services and equipment, inspect the aerodrome operator’s

documents and records and verify the aerodrome operator’s safety management system before the

aerodrome certificate is granted or renewed and, subsequently, at any other time, for the purpose of

ensuring safety at the aerodrome.

(d) An aerodrome operator shall, at the request of the person referred to in paragraph (c), allow access to any

part of the aerodrome or any aerodrome facility, including equipment, records, documents and operator

personnel, for the purpose referred to in paragraph (c).

(e) The aerodrome operator shall cooperate in conducting the activities referred to in paragraph (a).

26.225 ENTRY INTO OR EXIT FROM RESTRICTED AREAS OF AERODROME

(a) A person, aircraft or vehicle shall not enter or leave a restricted area of an aerodrome except through

points established by the operator for the purpose.

(b) Except in an emergency or at an appropriate point of entry or exit established by an operator for that

purpose, a person—

(1) other than a person carried in an aircraft or in a vehicle, shall not enter or leave a restricted areas of

an aerodrome; or

(2) shall not move an aircraft on the surface of an aerodrome or vehicle into or from the restricted area.

26.230 TEST-RUNNING OF AIRCRAFT ENGINE

(a) A person shall not test-run an aircraft engine at an aerodrome except at the approved aircraft maintenance

facility of the aerodrome or a place designated for that purpose, by the operator.

26.235 CERTAIN ACTS PROHIBITED ON AERODROME

(a) A person shall not, on an aerodrome—

(1) obstruct or interfere with the proper use of the aerodrome ;

(2) obstruct any person executing his or her duties at the aerodrome ;

(3) remove or deface any notice, writing, document or marking erected or displayed by the aerodrome

operator;

(4) throw, leave or drop anything capable of causing injury to any person or damage to any property;

(5) dump any waste matter except at a place approved for the purpose by the aerodrome operator;

(6) dump or spill any substance capable of causing water pollution, whether solid, liquid, vapour or gas or

a combination of these, except at a place approved for that purpose by the aerodrome operator.

(b) Except with the permission of the operator, a person shall not—

(1) interfere or tamper with any part of the aerodrome or any equipment associated with the operation of

the aerodrome;

(2) climb any wall, fence, barrier, ceiling, gate or post on an aerodrome;

(3) handle any baggage or carry baggage for a passenger at an aerodrome;

(4) bring a vehicle into or drive into an aerodrome; or

(5) obstruct an entrance to or a passage at an aerodrome in a manner that inconvenience other users of

the entrance or passage.


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26.240 REMOVAL OF OBSTRUCTIONS FROM THE AERODROME SURFACE

(a) An operator shall remove from the aerodrome surface any vehicle or other obstruction that is likely to be

hazardous to aircraft operations.

26.245 MAINTENANCE OF ENVIRONMENT MANAGEMENT PROGRAMME

(a) An operator shall establish and maintain an aerodrome environment management programme for the area

within the authority of the operator and for the area where any wildlife presents or is likely to present a

hazard to aircraft operations.

(b) An operator shall ensure that the environment management programme established under paragraph (a)

minimises the effects of any hazards or potential hazards taking into account the provisions of the laws on

environmental management.

(c) This regulation shall not apply to aerodromes in categories C and D.

26.250 PROTECTION OF NAVIGATION AIDS

(a) An operator shall in consultation with the Authority—

(1) prevent construction of any facilities on the aerodrome, which may adversely affect the operation of

any electronic or visual navigation or air traffic service facility on the aerodrome;

(2) as far as it is within the authority of the operator, prevent any interruption of visual or electronic signal

of navigation aids.

26.255 RESPONSIBILITIES OF OPERATOR

(a) An operator shall—

(1) maintain the aerodrome in a serviceable condition;

(2) keep the aerodrome free of unauthorized persons, vehicles and animals which are not under proper

control or any other obstructions;

(3) mark all obstructions in accordance with the prescribed guidelines;

(4) inform the Authority of any alterations to obstruction or works on the aerodrome;

(5) install approved wind direction indicators to show the surface direction of the wind and ensure that

they function satisfactorily;

(6) maintain the prescribed markings in a conspicuous condition and ensure that they are readily visible

to aircraft in the air or manoeuvring on the ground;

(7) avail facilities and ensure that they are in serviceable condition and that all apparatus installed

function efficiently;

(8) appropriately mark the unserviceable areas on the landing terrain; (9) inform the Authority where the aerodrome becomes unserviceable through any cause or where any

portion of the surface of the landing area deteriorates to such an extent that the safe operation of

aircraft may be endangered;

(10) submit to the Authority reports on the condition of the aerodrome as may be required by the Authority;

(11) ensure that organisations performing activities at the aerodrome comply with safety requirements

specified by the operator; and

(12) report all incidents and accidents at the aerodrome to the Authority.

26.260 INSPECTION OF AERODROMES & UNHINDERED ACCESS BY INSPECTORS OF THE AUTHORITY

(a) Before an aerodrome licence or certificate is issued or renewed and, subsequently, at any other time, for

the purpose of ensuring that safety at the aerodrome is maintained, the Authority shall inspect and carry out

tests on the aerodrome facilities, services and equipment, inspect the documents and records of the

aerodrome and verify the safety management system of the aerodrome.


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(b) For the purpose of facilitating the functions of the Authority specified in paragraph (a), an inspector of the

Authority shall have unhindered access to any part of the aerodrome or any aerodrome facility, including

equipment, records, documents and personnel.

26.265 NOTIFYING & REPORTING

(a) An aerodrome operator shall adhere to the requirement to notify and report to the RCAA, air traffic control

and pilots within the specified time limits required by these regulations—

(1) any inaccuracies in the Aeronautical Information Publication;

(2) any changes to the aerodrome facilities, equipment and level of service planned in advance;

(3) issues that may require immediate notification including obstacles, obstructions and hazards, levels of

service, movement areas, and any other condition that affects aviation safety at the aerodrome and

against which precautions are warranted.

(b) Where it is not feasible for an operator to arrange for the air traffic control and the flight operations unit to

receive notice of the circumstances referred to in paragraph (e), the operator shall give immediate notice,

directly to the pilots who may be affected by that circumstance.

(c) An aerodrome operator shall review all Aeronautical Information Publications (AIPs), AIP Supplements, AIP

Amendments, Notices to Airmen (NOTAMs), Pre-flight Information Bulletins and Aeronautical Information

Circulars issued by AIS on receipt thereof and immediately after such reviews shall notify AIS of any

inaccurate information contained therein that pertains to the aerodrome.

(d) An aerodrome operator shall notify AIS and the CAA, in writing, at least 60 days before effecting any

change to the aerodrome facility or equipment or the level of service at the aerodrome that has been

planned in advance and which is likely to affect the accuracy of the information contained in any AIS

publication referred to in paragraph (c).

(e) Subject to the requirements of paragraph (f), an aerodrome operator shall give AIS and shall arrange for air

traffic control and the flight operations unit to receive immediate notice detailing any of the following

circumstances of which the operator has knowledge—

(1) obstacles, obstructions and hazards:

(i) any projections by an object through an obstacle limitation surface relating to the aerodrome;

and

(ii) the existence of any obstruction or hazardous condition affecting aviation safety at or near the

aerodrome;

(2) level of service: reduction in the level of service at the aerodrome as set out in any of the AIS

publications referred to in paragraph (c);

(3) movement area: closure of any part of the movement area of the aerodrome; and

(4) any other condition that could affect aviation safety at the aerodrome and against which precautions

are warranted.

26.270 AERODROME MOVEMENT AREA INSPECTIONS

(a) An aerodrome operator shall carry out inspections of the movement area each day at least once for

aerodromes in category B, C and D and at least twice for aerodromes in category A.

26.275 SPECIAL INSPECTIONS

(a) An operator shall inspect an aerodrome—

(1) as soon as practicable after any accident or incident;

(2) during any period of construction or repair of the aerodrome facilities or equipment that is critical to the

safety of aircraft operation; and

(3) at any other time when there are conditions at the aerodrome that may affect aviation safety.


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(b) An operator shall notify and report to the Authority, within the specified time limits, information on any

special inspection carried out under paragraph (a).

26.280 WARNING NOTICES

(a) Where a low flying aircraft, at or near an aerodrome, or where a taxiing aircraft, is likely to be hazardous to

people or vehicles, an operator shall—

(1) post hazard warning notices to that effect, on any public way that is adjacent to the maneuvering area;

(2) if such a public way is not controlled by the aerodrome operator, inform the authority responsible for

posting the notices on the public way that there is a hazard.

26.281 REMOVAL OF OBSTRUCTIONS FROM THE AERODROME SURFACE

(a) An aerodrome operator shall remove from the aerodrome surface any vehicle or other obstruction that is

likely to be hazardous.

SUBPART F: AERODROME MANUAL



26.290 REQUIREMENTS FOR AERODROME MANUAL

(a) Upon making an application for a licence or a certificate the applicant shall submit to the Authority an

aerodrome manual for approval.

(b) An aerodrome manual shall—

(1) be typewritten or printed;

(2) be signed by the operator

(3) be in a format that is easy to revise;

(4) have a system for recording the current pages and any amendments, including a page for logging

revisions; and

(5) be organized in a manner that facilitates the preparation, review and approval processes.

(c) An operator shall keep at least one approved copy of the aerodrome manual at the aerodrome and one

copy at the principal place of business of the operator, where it is different from the aerodrome.

(d) Where an operator of an aerodrome in category C and D is unable to keep a copy of the aerodrome manual

at the aerodrome, the operator shall keep the aerodrome manual at a place authorised by the Authority.

26.295 INFORMATION TO BE INCLUDED IN AERODROME MANUAL

(a) An aerodrome manual shall contain all information and instructions necessary to enable the personnel of

an aerodrome perform their duties.

(b) Notwithstanding paragraph (a), and to the extent that the particulars are applicable, a manual for an

aerodrome in category A shall include the particulars provided in the Appendix 1 to 26.295, for an

aerodrome in category B and C the particulars provided in the Appendix 2 to 26.295 and for an aerodrome

in category D, the particulars provided in the Appendix 3 to 26.295.

(c) Where a person is given an exemption in accordance with Subpart O, the aerodrome manual shall show

the exemption notice number given for the exemption by the Authority, the date the exemption came into

effect and any conditions or procedures subject to which the exemption was granted.

26.300 AMENDMENT OF AERODROME MANUAL


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(a) For the purpose of maintaining the accuracy of the information in an aerodrome manual—

(1) an operator shall, whenever necessary, amend the aerodrome manual; or

(2) the Authority may issue a written directive requiring the operator to alter or amend the aerodrome

manual.

(b) Notwithstanding paragraph (c), an operator shall submit the proposed amendment to the Authority for

approval, before the aerodrome manual is amended

(c) The Authority shall approve the amendment made to an aerodrome manual where the amendment meets

the requirements of these Regulations.

26.305 LOCATION OF THE AERODROME MANUAL

(a) The aerodrome operator shall provide the Authority with a complete and current copy of the aerodrome

manual

(b) The aerodrome operator shall keep at least one complete and current copy of the aerodrome manual at the

aerodrome and one copy at the operator’s principal place of business if other than the aerodrome.

(c) The aerodrome operator shall make the copy referred to in paragraph (b) available for inspection by

Authority.

(d) Furnish the applicable portions of the approved aerodrome manual to aerodrome personnel responsible for

its implementation.

SUBPART G: WILDLIFE HAZARD MANAGEMENT

26.310 APPLICABILITY

(a) In this Subpart, Section 26.315 applies to all categories of aerodromes and Sections 26.320 and 26.325 apply to aerodromes in categories A and B.

26.315 ANIMALS NOT ALLOWED IN RESTRICTED AREAS OF AERODROME

(a) A person shall not bring, permit or graze an animal in the restricted area of an aerodrome or cause any

animal to graze or feed in the restricted area of an aerodrome.

(b) Subject to paragraph (a), a person who brings, permits or grazes an animal in the restricted area of an

aerodrome or who causes an animal to graze or feed in a restricted area of an aerodrome or who receives

an animal in the restricted area of the aerodrome, shall ensure that the animal is at all times under proper

control while in the restricted area.

(c) In this regulation, “animal” means all animals and birds.

26.320 WILDLIFE HAZARD MANAGEMENT

(a) An operator shall, in consultation with the authority responsible for wildlife, take necessary action to control

wildlife hazards at the aerodrome.

(b) An operator shall ensure that procedures to deal with the danger posed to aircraft operations by the

presence of wildlife in the aerodrome flight pattern or movement area are in place.

(c) The wildlife management plan of an aerodrome shall be approved by the Authority and shall form part of the

aerodrome manual.

26.325 WILDLIFE HAZARD REDUCTION AT AERODROME

(a) An operator shall, in consultation with the authority responsible for wildlife, take all reasonable steps to

minimize the risks associated with wildlife strike hazards.

(b) An operator shall take practical measures to control the wildlife habitat at or around the aerodrome and to


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disperse birds, which are a potential hazard to aircraft operations.

(c) A wildlife strike hazard on, or in the vicinity of, an aerodrome shall be assessed through—

(1) the establishment of a national procedure for recording and reporting wildlife strikes to aircraft;

(2) the collection of information from aircraft operators, airport personnel, and other sources on the

presence of wildlife on or around the aerodrome constituting a potential hazard to aircraft operations;

and

(3) an ongoing evaluation of the wildlife hazard by competent personnel.

(d) The operator shall collect and forward wildlife strike reports to the Authority for submission to ICAO for

inclusion in the ICAO Bird Strike Information System (IBIS) database.

(e) An operator shall take action to decrease the risk to aircraft operations by adopting measures to minimize

the likelihood of collisions between wildlife and aircraft.

(f) An operator shall consult with the relevant authorities to take action to eliminate or to prevent the

establishment of garbage disposal dumps, landfills, or any other source which may attract wildlife to the

aerodrome, or its vicinity, unless an appropriate wildlife assessment indicates that they are unlikely to

create conditions conducive to a wildlife hazard problem.

(g) Subject to paragraph (f), garbage disposal dumps and landfills shall be located no closer than 13 km from

an aerodrome facility and where located in the vicinity of an approach and take-off path of an aerodrome,

shall be subject to an aeronautical study.

(h) Where the elimination of existing sites is not possible, the operator and the relevant authorities shall ensure

that any risk to aircraft posed by these sites is assessed and reduced to as low as reasonably practicable

(i) An operator shall give due consideration to aviation safety concerns related to land developments in the

vicinity of the aerodrome that may attract wildlife.

(j) An operator shall establish a wildlife hazard control unit to control and manage the wild life hazard.

(k) The operator shall cause records of all aspects of wildlife hazard control to be kept and shall report all

wildlife strikes to the Authority

(l) An operator shall monitor the local environment including any activities that may attract wildlife and in

designing the wildlife hazard management programme, shall consider that environment and the activities

that may attract wildlife.

26.330 NATIONAL COMMITTEE ON WILDLIFE HAZARD MANAGEMENT

(a) There shall be a National Committee on Wildlife Hazard Management for the purpose of—

(1) analysing wildlife hazard problems at aerodromes;

(2) carrying out research and development on wildlife hazard management;


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(3) acting as an interface between the aerodrome operators and air operators;

(4) advising aerodrome operators wildlife hazard management; and

(5) reviewing the effectiveness of the wildlife hazard management programmes at aerodromes.

(b) The Committee shall be established by the National Authority responsible for airports and shall consist of

persons from—

(1) the ministries responsible for civil aviation, local government, and defence;

(2) the Authority;

(3) aerodrome operators;

(4) aircraft operators;

(5) air navigation service providers; and

(6) agencies responsible for wildlife services

(c) The Committee shall be chaired by the Chief Executive of the National Authority responsible for airports.

(d) Notwithstanding paragraph (b), the establishment and functions of the Committee shall be in accordance

with requirements prescribed by the Authority.

SUBPART H: OBSTACLE RESTRICTIONS & REMOVAL


(a) This Subpart applies to all categories of aerodromes.

26.340 ERECTION OF OBSTACLES

(a) A person shall not cause or permit the erection or growth of an obstacle at or in the vicinity of an

aerodrome, where the obstacle may prevent an aircraft operation from being conducted safely or the

aerodrome from being usable.

(b) A person shall not cause or permit any object, to penetrate the obstacle limitation surface, without the

written permission of the Authority, where the object may cause an increase in an obstacle clearance

altitude or in the height for an instrument approach procedure or of any associated visual circling

procedure.

(c) The object referred to in paragraph (b) includes a new object or an extension of an existing object above

the obstacle limitation surface.

(d) The obstacle clearance altitude and height applicable to obstacle limitation surface, and the obstacle

limitation requirements shall comply with the specifications prescribed by the Authority.

26.345 ESTABLISHMENT OF OBSTACLE LIMITATION SURFACES

(a) Notwithstanding Section 26.035, an operator shall ensure that obstacle limitation surfaces are established

for the aerodrome in accordance with the standards prescribed by the Authority.

(b) An operator shall monitor the established obstacle limitation surfaces around the aerodrome for

infringement by objects, buildings or other structures.

26.350 AUTHORISATION TO CONSTRUCT WITHIN THE VICINITY OF AN AERODROME

(a) A person shall not construct a building or a structure within the vicinity of an aerodrome unless authorised

by the Authority.

(b) Where the Authority is consulted regarding a proposed construction in paragraph (a), the Authority shall

request for aeronautical study of the effect of the construction on operation of aircraft, to be carried out.


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(c) Notwithstanding the provision of paragraph (a), no human activities shall be allowed to be carried out

within a distance of 20 meters from the aerodrome boundaries.

(d) For the purpose of this regulation; “human activities” include construction activities, agricultural activities,

settlement, transport activities.

26.355 REMOVAL OF OBSTACLE

(a) A person shall remove any obstacle in the vicinity of an aerodrome, except where, after an aeronautical

study, the Authority determines that the obstacle does not adversely affect the safety or significantly affect

the regularity of operations of aircraft.

(b) The Authority may direct the removal of any obstacle which, in the opinion of the Authority, constitutes a

hazard to aircraft operations.

(c) Where an owner fails to remove an obstacle within the time directed by the Authority, the Authority shall

remove the obstacle at the cost of the owner of that obstacle.

26.360 MARKING & LIGHTING OF OBSTACLE

(a) An operator shall ensure that an obstacle is marked and where a runway is used at night and is associated

with the obstacle, that obstacle shall be lighted.

(b) The markings and lights referred to in paragraph (a) shall be in accordance with the standards and

guidelines prescribed by the Authority.

(c) An operator shall, where practicable, ensure that all fixed obstacles to be marked in accordance with

paragraph (a) are coloured as prescribed by the Authority.

(d) Where the conditions required in paragraph (c) are not practicable, markers or flags shall be displayed on

or above the fixed obstacles, except the obstacles that are sufficiently conspicuous by their shape, size or

colour, which may not be marked.

(e) An operator shall ensure that a mobile obstacle is coloured as prescribed by the Authority or has displayed

on it or above it, a flag.

(f) An obstacle lighted in accordance with paragraph (a) shall be indicated as low-intensity, medium-intensity

or high- intensity light obstacle or a combination of these lights and shall be displayed in accordance with

guidelines prescribed by the Authority.

SUBPART I: AERONAUTICAL GROUND LIGHTING

26.365 APPLICATION OF THIS SUBPART.

(a) This Subpart applies to aerodromes in categories A except where otherwise specified or requested by the

Authority.

26.370 ESTABLISHMENT & MAINTENANCE OF AERONAUTICAL GROUND LIGHTS

(a) An operator shall establish and maintain aeronautical ground lights and any other lights as may be

appropriate for the safe operation of aircraft and for runways, taxiways, aprons, thresholds and stop ways.

(b) Where an aerodrome is used at night or during conditions of poor visibility, an operator shall ensure that

aeronautical ground lights and any other lights are installed on the aerodrome.

(c) Without prejudice to the generality of paragraph (a), the location, characteristics, intensity control and

settings of aeronautical ground lights shall be in accordance with specifications prescribed by the Authority.

(d) A non-aeronautical ground light, which, by reason of its intensity, configuration or colour, may prevent or

cause confusion in the clear interpretation of aeronautical ground lights, shall be extinguished, screened or

modified to eliminate such a possibility.


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(e) Except with the permission of the Authority, a person shall not establish, maintain or alter the character of—

(1) an aeronautical beacon within Rwanda except an aeronautical beacon which is or may be visible from

the waters;

(2) any aeronautical ground light, other than an aeronautical beacon, at an aerodrome, or any

aeronautical ground light which forms part of the lighting system for use by aircraft taking off from or

landing at the aerodrome.

(f) A person shall not—

(1) intentionally or negligently damage an aeronautical ground light; or

(2) interfere with an aeronautical ground light without the permission of the operator.

(g) The Authority shall not grant permission under this regulation except with the consent of the lighthouse

authority of the area where the aerodrome is situated.

26.375 SECONDARY POWER SUPPLY

(a) An operator shall not operate or maintain an aerodrome provided with runway lighting, without a secondary

power supply.

26.380 AERONAUTICAL BEACONS

(a) An operator shall provide, where necessary, at each aerodrome intended for use at night, an aerodrome

beacon, where—

(1) aircraft navigate predominantly by visual means;

(2) reduced visibility is frequent; or

(3) it is difficult to locate the aerodrome from the air due to a surrounding light or terrain.

(b) An identification beacon shall be provided at an aerodrome, which is intended for use at night and which is

not easily identifiable from the air by other means.

(c) The location and characteristics of an aerodrome and identification beacon described in paragraphs (a) and

(b) shall be in accordance with specifications prescribed by the Authority.

SUBPART J: AERODROME VISUAL AIDS


(a) This Subpart applies to all categories of aerodromes.

26.390 WIND DIRECTION INDICATORS

(a) An operator shall provide and maintain at least one wind direction indicator for an aerodrome.

(b) The wind direction indicator required under paragraph (a) shall be located so as to be visible to an aircraft

in-flight or on the movement area and in such a way as to be free from the effects of air disturbances

caused by nearby objects.

(c) The characteristics of the wind direction indicator, the methods and procedures for installation and

maintenance shall be in accordance with the R-CATS.

26.395 SIGNALING LAMP

(a) An operator shall ensure that a signaling lamp is provided at a controlled aerodrome in the aerodrome

control tower.

(b) The characteristics and operating procedure of a signaling lamp shall be in accordance with R-CATS.


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26.400 SIGNAL PANEL & SIGNALING AREA

(a) The Authority may where it deems necessary, require a signaling panel and a signaling area to be provided

at an aerodrome for safe operation of aircraft.

(b) Where provided, the location and the characteristics of the signal area shall be in accordance with R-CATS.

26.405 MARKINGS

(a) An operator shall provide markings for paved runway centerline, paved runway edge, paved runway

threshold, paved runway touchdown zone, paved runway holding position, aiming point, paved runway side

stripe, paved runway turn pad, and intermediate holding positions at an aerodrome, in accordance with

specifications prescribed by the Authority.

(b) Runway marking shall be white in colour.

(c) Taxiway markings, runway turn pad markings and aircraft stand markings shall be yellow in colour.

(d) Apron safety-lines shall be of a conspicuous colour, which shall contrast with that used for aircraft stand

markings.

(e) The application, location and the characteristics of markers for unpaved runway edge markers, stopway

edge markers, taxiway edge markers, taxiway centreline markers and boundary markers shall be in

accordance with R-CATS.

26.410 VOR AERODROME CHECKPOINT MARKING

(a) An operator shall ensure that where a VOR aerodrome checkpoint is established at an aerodrome, it is

indicated by a VOR aerodrome checkpoint sign.

(b) The VOR aerodrome checkpoint location and characteristics shall be in accordance with R-CATS.

26.415 AIRCRAFT STAND MARKINGS

(a) An operator shall provide aircraft stand markings for designated parking positions on a paved apron in

accordance with R-CATS.

26.420 APRON SAFETY LINES

(a) An operator shall provide apron safety lines on a paved apron as required by the parking configuration and

ground facilities and in accordance with R-CATS.

26.425 ROAD-HOLDING POSITIONS

(a) An operator shall provide road-holding position markings at all road entrances to a runway.

(b) The road-holding position markings provided under paragraph (a) shall be located across the road at all the

holding positions.

(c) The road-holding position marking shall be in accordance with R-CATS.

26.430 MANDATORY INSTRUCTION MARKINGS & SIGNS

(a) An operator shall provide a mandatory instruction marking and a sign to identify a location beyond which a

taxiing aircraft or vehicle shall not proceed, unless authorized by the aerodrome control tower.

(b) Where it is impracticable to install a mandatory instruction marking and a sign in accordance with

paragraph (a), a mandatory instruction marking or sign shall be provided on the surface of the pavement.

(c) The location and characteristics of the mandatory instruction marking or sign shall be in accordance with

specifications prescribed by the Authority.

(d) An operator shall provide signs to convey mandatory instructions and information on a specific location or


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destination on a movement area, or to provide surface movement guidance and control.

(e) The location and characteristics of the signs referred to in paragraph (d) shall be in accordance with R-

CATS.

26.435 INFORMATION MARKING

(a) An operator shall install information marking, in accordance with R-CATS, where an information sign is

required but is physically impossible to install.

26.440 VISUAL AIDS FOR DENOTING OBSTACLES

(a) An operator shall ensure that the visual aids for denoting obstacles are frangible and that those located

near a runway or taxiway are sufficiently low to preserve clearance for propellers and for engine pods of jet

aircraft and shall in accordance with R-CATS.

26.445 OBSTACLES TO BE MARKED OR LIGHTED

(a) An operator shall ensure that all fixed obstacles that extend above take- off climb surfaces are marked and

that where the runway is used at night, the obstacles are lighted in accordance with R-CATS.

26.450 VISUAL AIDS FOR DENOTING RESTRICTED AREAS

(a) An operator shall ensure that restricted areas are marked in a manner that is visible to aircraft operating on

the ground and in the air.

(b) Without prejudice to the generality of paragraph (a), markings denoting restricted areas such as closed

runways and taxiways, non-load-bearing surfaces, pre-threshold areas and unserviceable areas shall be

done in accordance with R-CATS.

26.455 LANDING DIRECTION INDICATOR

(a) Where provided, a landing direction indicator shall be located in a conspicuous place on the aerodrome.

(b) The landing direction indicator should be in the form of “T”.

(c) The shape and minimum dimensions of a landing “T” shall be as shown in R-CATS.

(d) The colour of the landing “T” shall be either white or orange, the choice being dependent on the colour that

contrasts best with the background against which the indicator will be viewed.

(e) Where required for use at night the landing “T” shall either be illuminated or outlined by white lights.

26.460 LIGHTS

(a) An operator shall ensure that a non-aeronautical ground light near an aerodrome which might endanger the

safety of aircraft are extinguished, screened or otherwise modified so as to eliminate the source of danger.

(b) An operator shall not operate an aerodrome unless all light installations and requirements of the aerodrome

comply with the standards prescribed by the Authority and any publications as may be published or

approved by the Authority.

26.465 MARKERS

(a) The operator shall ensure that Markers installed at an Aerodrome comply with the standards prescribed by

the Authority.


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SUBPART K: AERODROME OPERATIONAL SERVICES, EQUIPMENT, INSTALLATIONS & FACILITIES



26.475 IMMIGRATION, CUSTOMS & EXCISE AERODROMES

(a) The Authority may, in consultation with the authorities responsible for immigration, customs and excise,

notify of any aerodrome which is introduced as, or ceases to be a place for landing or departure of aircraft

for purposes of the laws relating to immigration, customs and excise.

26.480 SUPPLY OF AVIATION FUEL TO AIRCRAFT

(a) An operator of an aviation fuel installation at an aerodrome shall not cause or permit any aviation fuel to be

delivered to that installation or from it, to an aircraft unless—

(1) when the aviation fuel is delivered to the installation, the operator of the aviation fuel installation is

satisfied that—

(i) the installation is capable of storing and dispensing the fuel so as not to render it unfit for use in

an aircraft;

(ii) the installation is marked in an appropriate manner to the grade of the fuel stored or where

different grades are stored in different parts, that each part is so marked;

(iii) in the case of delivery into the installation or part of the installation from a vehicle or vessel, the

fuel has been sampled and is of the grade appropriate to that installation or part of the

installation as the case may be and is fit for use in an aircraft;

(2) when aviation fuel is dispensed from the installation, the operator of the aviation fuel installation is

satisfied after sampling, that the fuel is fit for use in an aircraft.

(b) A person shall not cause or permit aviation fuel to be dispensed for use in an aircraft where that person

knows or has reason to believe that the aviation fuel is not fit for use in an aircraft.

(c) An operator of an aviation fuel installation shall not on an aerodrome, supply fuel to an aircraft except at a

place and in a manner approved by the operator.

(d) An operator may subject to the approval granted under paragraph (c), ensure compliance with any

conditions as the operator may impose, in order to safeguard persons or property on the ground.

(e) An operator of an aviation fuel installation shall keep a written record in respect of each installation

managed by that operator.

(f) The record in paragraph (e) shall include—

(1) particulars of the grade and quantity of aviation fuel delivered and the date of delivery;

(2) particulars of all samples taken of the aviation fuel and of the results of the tests of those samples;

and

(3) particulars of the maintenance and cleaning of the installation.

(g) An operator of an aviation fuel installation shall preserve the written record for a period of twelve months or

such longer period as the Authority may in a particular case direct and shall, within a reasonable time after

being requested to do so by an authorised person, produce the record to that authorised person.

(h) The Authority or an authorised person may direct the operator of an aviation fuel installation not to permit

aviation fuel to be dispensed from that installation until the direction is revoked by the Authority or that

authorised person, where it appears to the Authority or to that authorised person that aviation fuel is

intended or likely to be delivered in contravention of this regulation.


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(i) For the purpose of this regulation—

(1) “aviation fuel” means fuel intended for use in an aircraft; and

(2) “aviation fuel installation” means any apparatus or container, including a vehicle designed,

manufactured or adapted for the storage of aviation fuel or for the delivery of fuel to an aircraft.

26.485 AERODROME EMERGENCY PLANNING

(a) An operator shall establish an aerodrome emergency plan at the aerodrome, which shall—

(1) be commensurate with the aircraft operations and activities conducted at the aerodrome; and

(2) provide for the coordination of the actions to be taken in the event of an emergency occurring at the

aerodrome or in its vicinity.

(b) An emergency referred to in paragraph (a) includes an aircraft emergency, natural disasters and sabotage

including bomb threats, unlawful seizure of aircraft, the effect of improper handling, transportation and

storage of dangerous goods and occurrences of building fires and public health emergencies.

(c) The emergency plan shall provide for the coordination with the rescue coordination centre and for the

response and participation of all agencies whose assistance is required in the event of an emergency,

including—

(1) at an aerodrome—

(i) air traffic control unit;

(ii) rescue and fire fighting services;

(iii) aerodrome administration;

(iv) medical and ambulance services;

(v) aircraft operators;

(vi) security services;

(vii) airport police unit;

(2) outside the aerodromes—

(i) fire departments;

(ii) police force;

(iii) medical and ambulance services;

(iv) hospitals and public health services;

(v) military forces;

(vi) harbour patrol or coast guard.

(d) The emergency plan shall include—

(1) the types of emergencies planned for;

(2) agencies to be involved in the plan;

(3) the responsibility and role of each agency, the emergency operation centre and the command post for

each type of emergency;

(4) names and contacts of offices or people to be contacted in the case of a particular emergency; and

(5) a grid map of the aerodrome and its immediate vicinity.

(e) In developing an aerodrome emergency plan, the operator shall take into consideration the human factor

principles to ensure optimum response by all existing agencies participating in the emergency operations.

(f) This regulation applies to aerodromes in category A.

26.490 EMERGENCY PLANNING COMMITTEE

(a) An operator shall form an emergency planning committee to discuss, determine and implement

emergency planning arrangements commensurate with the size and type of aircraft that use the

aerodrome.

(b) This regulation applies to aerodromes in category A.


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26.495 AERODROME EMERGENCY EXERCISE

(a) An emergency plan established under Section 26.485(a) shall contain procedures for periodic testing of the

adequacy of the plan and for reviewing of the results in order to improve its effectiveness.

(b) Without prejudice to the generality of paragraph (a), the plan shall be tested by conducting—

(1) a full-scale aerodrome emergency exercise at intervals not exceeding two years and partial

emergency exercises in the intervening year to ensure that any deficiencies found during the full-scale

aerodrome emergency exercise have been corrected; or;

(2) a series of modular tests commencing in the first year and concluding in a full-scale aerodrome

emergency exercise at intervals not exceeding three years;

(3) and reviewed thereafter, or after an actual emergency, so as to correct any deficiency found during

such exercises or actual emergency.

(4) contingency plan exercises in accordance with the Civil Aviation (Security) Regulations.

(c) This regulation applies to aerodromes in category A.

26.500 EMERGENCY OPERATION CENTRE & COMMAND POST

(a) 104.(1) An operator of an aerodrome shall ensure that a fixed emergency operations centre and a mobile

command post are available for use during an emergency.

(b) (2) This regulation shall apply to aerodromes in category A.

26.505 EMERGENCIES IN DIFFICULT ENVIRONMENT

(a) Where an aerodrome is located close to water or a swampy area and where a significant portion of

approach or departure operations take place over such area, the emergency plan established under

Section 26.445 shall include the ready availability of, and co-ordination with, appropriate specialist rescue

services to be able to respond to emergencies.

(b) At those aerodromes located close to water and/or swampy areas, or difficult terrain, the aerodrome

emergency plan should include the establishment, testing and assessment at regular intervals of a

predetermined response for the specialist rescue services

(c) An assessment of the approach and departure areas within 1,000 m of the runway threshold should be

carried out to determine the options available for intervention.

(d) At an aerodrome located close to a water body, a swampy area, or difficult terrain, the aerodrome

emergency plan shall include the establishment, testing and assessment at regular intervals of a pre-

determined response for the specialist rescue services.

(e) This regulation applies to aerodromes in category A.

26.510 AERODROME RESCUE & FIRE FIGHTING SERVICES

(a) An operator shall put in place rescue and fire-fighting facilities commensurate with the category of the

aerodrome as specified in Table 2 below.

(b) Where an aerodrome is located close to a water body, a swampy area or difficult terrain and where a

significant portion of approach or departure operations take place over such an area, specialist rescue

services and fire-fighting equipment appropriate to the hazard and risk shall be made available.

(c) The level of protection provided at an aerodrome for rescue and fire fighting shall be appropriate to the

aerodrome category which shall be determined using the principles in paragraphs and (e) except that, where

the number of movements of the aeroplanes in the highest category normally using the aerodrome is less

than 700 in the busiest consecutive three months, the level of protection provided shall be not less than one

category below the determined category.

(d) For purposes of aerodrome rescue and fire fighting services, the aerodrome category shall be determined

using Table 2 and shall be based on the longest aircraft that normally uses the aerodrome, and its fuselage


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width.

(e) Where after selecting the aerodrome category appropriate to the overall length of the longest aircraft, the

fuselage of that aircraft is found to be greater than the maximum width provided for that category, in column

3 of Table 2 the category for that aircraft shall be the next category.

TABLE 2: AERODROME CATEGORY FOR RESCUE & FIRE FIGHTING

Aerodrome Fire Category Aircraft overall length Maximum fuselage width

1 up to but not including 9 M 2M 2 up to but not including 12 M 2M 3 up to but not including 18 M 3M 4 up to but not including 24 M 4M 5 up to but not including 28 M 4M 6 up to but not including 39 M 5M 7 up to but not including 49 M 5M 8 up to but not including 61 M 7M 9 up to but not including 76 M 7M 10 up to but not including 90 M 8M

(f) Both principal and complementary agents prescribed by the Authority shall normally be provided at an

aerodrome.

(g) The principal extinguishing agent should be—

(1) a foam meeting the minimum performance level A; or

(2) a foam meeting the minimum performance level B; or

(3) a foam meeting the minimum performance level C; or

(4) a combination of these agents; except that the principal extinguishing agent for aerodromes in

categories 1 to 3 should preferably meet a performance level B or C foam.

(h) The complementary extinguishing agent should be a dry chemical powder suitable for extinguishing

hydrocarbon fires.

(i) The amounts of water for foam production and the complementary agents to be provided on the rescue and

fire fighting vehicles shall be in accordance with the aerodrome category determined under paragraphs (c)

and (d) and Table 3, except that for aerodrome categories 1 and 2 up to 100 per cent of the water may be

substituted with complementary agent. For the purpose of agent substitution, 1 kg of complementary agent

shall be taken as equivalent to 1.0 L of water for production of a foam meeting performance level A

(j) At aerodromes where operations by aeroplanes larger than the average size in a given category are

planned, the quantities of water should be recalculated and the amount of water for foam production and

the discharge rates for foam solution should be increased accordingly.

(k) Determination of quantities of water and discharge rates based on the largest theoretical aeroplane in a

given category shall be in accordance with specifications prescribed by the Authority.

(l) At aerodromes where operations by aeroplanes larger than the average size in a given category are

planned, the quantities of water shall be recalculated and the amount of water for foam production and the

discharge rates for foam solution shall be increased accordingly.

(m) The determination of quantities of water and discharge rates based on the largest overall length of

aeroplane in a given category shall be in accordance with specifications prescribed by the Authority.

(n) The quantity of foam concentrates separately provided on vehicles for foam production shall be in

proportion to the quantity of water provided and the foam concentrate selected.

(o) The amount of foam concentrate provided on a vehicle should be sufficient to produce at least two loads of

foam solution.

(p) Supplementary water supplies, for the expeditious replenishment of rescue and fire fighting vehicles at the

scene of an aircraft accident, should be provided.


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(q) When a combination of different performance level foams are provided at an aerodrome, the total amount

of water to be provided for foam production should be calculated for each foam type and the distribution of


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these quantities should be documented for each vehicle and applied to the overall rescue and fire-fighting

requirement.

TABLE 3: MINIMUM USABLE AMOUNTS EXTINGUISHING AGENTS

Foam Meeting

P erformance Level A

Foam Meeting

Performance Level B

Foam Meeting

Performance Level C Complementary Agents

Aerodrome

F ire

Category

[1]

Water (L)

[2]

Discharge

Rate Foam

S olution/

minute (L)

[3]

Water (L)

[4]

Discharge

Rate Foam

solution/

minute (L)

[5]

Water (L)

[6]

Discharge

Rate Foam

solution/

minute (L)

[7]

Dry Chemical

Powder

(DCP)

(kg)

[8]

Discharge

Rate

(kg/sec)

[9]

1 350 350 230 230 160 160 45 2.25

2 1000 800 670 550 460 360 90 2.25

3 1800 1300 1200 900 820 630 135 2.25

4 3600 2600 2400 1800 1 700 1 100 135 2.25

5 8100 4500 5400 3000 3 900 2 200 180 2.25

6 11800 6000 7900 4000 5 800 2 900 225 2.25

7 18200 7900 12100 5300 8 800 3 800 225 2.25

8 27300 10800 18200 7200 12 800 5 100 450 4.5

9 36400 13500 24300 9000 17 100 6 300 450 4.5

10 48200 16600 32300 11200 22 800 7 900 450 4.5

(1) The discharge rate of the foam solution shall not be less than the rates shown in Table 3.

(2) The complementary agents shall comply with the appropriate specifications of the International

Organization for Standardisation (ISO).

(3) The discharge rate of complementary agents should be no less than the values shown in Table 3.

(4) Dry chemical powders should only be substituted with an agent that has equivalent or better fire-

fighting capabilities for all types of fires where complementary agent is expected to be used.

(5) A reserve supply of foam concentrate, equivalent to 200 per cent of the quantities identified in Table

3, should be maintained on the aerodrome for vehicle replenishment purposes.

(6) A reserve supply of complementary agent, equivalent to 100 per cent of the quantity identified in Table

3, should be maintained on the aerodrome for vehicle replenishment purposes. Sufficient propellant

gas should be included to utilize this reserve complementary agent.

(7) Category 1 and 2 aerodromes that have replaced up to 100 per cent of the water with complementary

agent should hold a reserve supply of complementary agent of 200 per cent.

(8) Where a major delay in the replenishment of the supplies is anticipated, the amount of reserve supply

in paragraphs (q)(5), (6) and (7) should be increased as determined by a risk assessment.

(r) The operational objective of a rescue and fire-fighting service shall be to achieve a response time not

exceeding three minutes to any point of each operational runway, in optimum visibility and surface

conditions.

(s) To meet the operational objective as nearly as possible in less than optimum conditions of visibility,

especially during low visibility operations, suitable guidance, equipment and/or procedures for rescue and

fire-fighting services shall be provided, as prescribed by the Authority.

(1) Any vehicles, other than the first responding vehicle(s), required to deliver the amounts of


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extinguishing agents specified in Table 3 shall ensure continuous agent application and shall arrive no

more than four minutes from the initial call.

(2) Any vehicles, other than the first responding vehicles(s), required to deliver the amounts of

extinguishing agents specified in Table 3 shall ensure continuous agent application and shall arrive no

more than three minutes from the initial call.

(t) All rescue and fire-fighting personnel shall be properly trained, including training in human performance and

team coordination and shall participate in live fire drills commensurate with the types of aircraft and rescue

and fire-fighting equipment in use at the aerodrome, including pressure-fed fuel fires.

(u) The minimum number of rescue and fire fighting vehicle provided at an aerodrome shall be as provided in

the second column for the aerodrome category for rescue and fire fighting in the first column of Table 4 and

shall correspond to the foam meeting performance in the third column of Table 3.

TABLE 4: MINIMUM NUMBER OF RESCUE & FIRE FIGHTING VEHICLES

Aerodrome Fire Category Number of Rescue & Fire Fighting Vehicles

1 1

2 1

3 1

4 1

5 1

6 2

7 2

8 3

9 3

10 3

(v) The Authority may prescribe alternative means of compliance with this regulation for aerodromes in

categories C and D.

(w) The rescue equipment, response time, emergency access roads, fire stations, communication and alerting

systems and personnel shall be in accordance with specifications prescribed by the Authority.

26.515 REMOVAL OF DISABLED AIRCRAFT

(a) An operator shall have in place a plan for the removal of disabled aircraft from the movement area or

adjacent to it.

(b) The plan for the removal of disabled aircraft shall be based on the characteristics of the type of aircraft

operations and shall include—

(1) a list of equipment and personnel available for the purpose;

(2) arrangement for the rapid receipt of aircraft recovery equipment kits from other aerodromes, where

applicable; and

(3) the name of the co-ordinator designated to implement the plan.

(c) The plan under this regulation shall include particulars of the procedures for removing a disabled aircraft on

the movement area or adjacent to it.

26.520 APRON MANAGEMENT SERVICE

(a) An operator shall provide an apron management service at an aerodrome where air traffic service is

provided at that aerodrome.

(b) The apron management service established under paragraph (a) shall be provided by an operator, an

aerodrome air traffic service unit, or a combination of these, as may be specified for each aerodrome

category, in the Aeronautical Information Publication and Aeronautical Information Circular.


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(c) Subject to paragraph (b), where the aerodrome control tower does not participate in the apron management

service, procedures shall be established to facilitate the orderly transition of aircraft between the apron

management unit and the aerodrome control tower.

(d) An operator shall ensure that, where an apron management service is established, radio communication

facilities are provided.

(e) Where low visibility procedures are in effect, persons and vehicles operating in the apron shall be restricted

to the essential minimum.

(f) An emergency vehicle responding to an emergency shall have priority over all other surface movement

traffic and any vehicle operating on an apron shall give way to an emergency vehicle or to an aircraft about

to taxi, or which is being pushed or towed.

(g) An aircraft stand at an apron where apron management service is provided shall be visually monitored to

ensure that the recommended clearance distances are provided to an aircraft using the stand.

(h) This regulation does not apply to aerodromes in categories C and D unless otherwise specified by the

Authority.

26.525 GROUND SERVICING OF AIRCRAFT

(a) An operator shall ensure that fire extinguishing equipment, suitable for at least the initial intervention in the

event of a fuel fire, is readily available during the ground servicing of an aircraft, and that there is means of

quickly summoning the rescue and fire fighting service in the event of a fire or major fuel spill.

(b) An operator shall ensure that, when aircraft refuelling operations take place while passengers are on board,

embarking or disembarking, ground equipment are positioned in a manner that allows—

(1) the use of a sufficient number of exits for expeditious evacuation; and

(2) a ready escape route from each of the exits to be used in an emergency.

26.530 AERODROME VEHICLE OPERATION

(a) A person shall not operate a vehicle on the manoeuvring area at an aerodrome where air traffic service is

provided, except where authorized by the aerodrome control tower.

(b) A person shall not operate a vehicle on an apron of an aerodrome except where authorized by the operator.

(c) A vehicle operating on the movement area shall have a rotating beacon. (d) A driver of the vehicle on the movement area shall comply with all mandatory instructions conveyed by

markings and signs, where the vehicle is on the manoeuvring area, except where the driver is authorized by

the aerodrome control tower; or

(e) A driver of the vehicle on the movement area shall comply with all mandatory instructions conveyed by

markings and signs, where the vehicle is on an apron, except where the driver is authorized by the

aerodrome operator.

(f) A driver of a vehicle on the movement area shall comply with all mandatory instructions conveyed by lights

and instructions issued by the aerodrome control tower where the vehicle is on the manoeuvring area or by

the appropriate designated authority, where the vehicle is on an apron.

(g) A driver of a vehicle on the movement area shall be appropriately trained for the tasks to be performed and

shall be issued with a permit by the operator.

(h) A driver of a radio-equipped vehicle shall establish satisfactory two-way radio communication with the

aerodrome control tower before entering the manoeuvring area and with the appropriate designated

authority before entering the apron, and shall maintain a continuous listening watch on the assigned

frequency while on the movement area.

(i) This regulation shall not apply to aerodromes in categories C and D unless otherwise specified by the

Authority.


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26.535 LOCATION, CONSTRUCTION & INSTALLATION OF EQUIPMENT ON OPERATIONAL AREAS

(a) Except for the purpose of air navigation, a person shall not construct or install equipment or any installation

on a runway strip, a runway end safety area, a taxiway strip, a clearway or within any distances determined

by the Authority, where the construction or the equipment may endanger the safety of an aircraft.

(b) Where any equipment or installation required for air navigation purposes is to be located on a portion of a

runway strip or on a runway end safety area, a taxiway strip or within any distances determined by the

Authority, the equipment or installation shall be located in accordance with the standards specified by the

Authority.

26.540 FENCING OF AERODROMES & INSTALLATIONS

(a) An operator of an aerodrome shall provide a fence or a suitable barrier on the aerodrome—

(1) to prevent the entrance into the movement area, of any animals likely to be a hazard to aircraft; and

(2) to deter the inadvertent or premeditated access of unauthorised person onto a non-public area of

the aerodrome.

(b) An operator shall provide suitable means of protection for an aerodrome to deter the inadvertent or

premeditated access of unauthorised persons into ground installations and facilities essential for the safe

operation of aircraft.

(c) The fence or barrier required under paragraph (a) shall be located so as to separate the movement area

and other facilities or zones on the aerodrome which are vital to the safe operation of aircraft from areas

open to public use.

(d) Where greater security is needed, a cleared area shall be provided on both sides of the fence or barrier to

facilitate the work of patrols and to make trespassing more difficult and provision for a perimeter road along

the aerodrome fencing for the use of both maintenance personnel and security patrols may be made.

(e) Where the Authority deems it necessary for security reasons, the fence or barrier provided under paragraph

(a) shall be illuminated at a minimum essential level and the security lighting shall be located so that the

ground area on both sides of the fence or barrier, particularly at access points, is illuminated.

(f) This regulation applies to aerodromes in category A. (g) This regulation applies to aerodromes in category B except where deemed otherwise by the Authority.

26.545 MAINTENANCE OF SAFETY INSPECTION PROGRAMME

(a) An operator shall establish and maintain a safety inspection programme for the aerodrome.

(b) The safety inspection programme shall—

(1) provide procedures to ensure that competent aerodrome personnel execute the programme

effectively; and

(2) provide a reporting system to ensure prompt correction of unsafe aerodrome conditions noted

during any inspection.

26.550 MAINTENANCE OF FIRE PREVENTION PROGRAMME

(a) An operator shall establish a fire prevention programme with preventive measures against possible fires on

the aerodrome and identify a person to maintain the fire prevention programme for the aerodrome and the

aerodrome buildings.

(b) Where an aerodrome does not have designated fire service, the operator shall arrange with the relevant

local government authority or any other concerned authority to maintain a fire prevention programme for the

aerodrome and to advise the operator of any dangerous conditions for rectification.

(c) An operator shall ensure that unsafe practices that may result in fire are not performed on the aerodrome or

within its vicinity.

(d) Notwithstanding paragraph (a) where unsafe practices are performed during maintenance on the

aerodrome, an operator shall alert the rescue and fire fighting services concerned, to be on standby for the


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duration of the practices.

26.555 ACCESS OF GROUND VEHICLES TO AERODROME MOVEMENT AREA

(a) An operator shall—

(1) limit the access of any ground vehicles used for aerodrome and aircraft operations, to the aerodrome

manoeuvring area;

(2) provide adequate procedures for the safe and orderly access to the aerodrome and operation in the

manoeuvring area of ground vehicles, where an air traffic service unit is in operation at the aerodrome,

in order to ensure that each ground vehicle operating in the aerodrome manoeuvring area is controlled

by—

(i) two-way radio communication between the vehicle and the air traffic service unit

(ii) an accompanying radio communication or an escort vehicle with adequate measures including

signals or guards to control the vehicle, where the vehicle does not have a radio;

(3) provide adequate measures to ensure that ground vehicles operating in the aerodrome movement

area are controlled by signs, pre-arranged signals or standards prescribed by the Authority, where an

air traffic service unit is not in operation at the aerodrome;

(4) ensure that any person who operates a ground vehicle on the aerodrome movement area is familiar

with and complies with the rules and procedures for the operation of ground vehicles as prescribed by

the Authority.

(b) An operator shall ensure that a person who has access to the aerodrome movement area wears a coloured

reflective gear which shall be conspicuously displayed while on the movement area.

(c) In this regulation, “gear” includes a vest, band, overcoat, helmet and socks.

SUBPART L: AERODROME MAINTENANCE


(a) This Subpart shall apply only to aerodromes in categories A and B except where otherwise specified or

required by the Authority.

26.565 MAINTENANCE PROGRAMME

(a) An operator shall establish at the aerodrome, a maintenance programme, including preventive

maintenance to maintain a facility in a condition that does not impair the safety, regularity and efficiency of

air navigation.

(b) In this regulation—

(1) “facility” includes a pavement, visual aid, fencing, drainage system and building;

(2) “preventive maintenance” means programmed maintenance work done to prevent failure or

degradation of a facility.

26.570 MAINTENANCE OF MOVEMENT & ADJACENT AREAS

(a) An operator shall at all times ensure that—

(1) the surfaces of all movement areas including pavements (runways, taxiways, and aprons) and

adjacent areas are inspected and their conditions monitored regularly as part of an aerodrome

preventive and corrective maintenance programme with the objective of avoiding and eliminating any

loose objects/debris that might cause damage to aircraft or impair the operation of aircraft systems;

(2) the surface of the runway is maintained in a condition that precludes formation of harmful irregularities

such as water pools and rough surfaces;

(3) runway surface friction characteristics for maintenance purposes is periodically measured with a

continuous friction measuring device using self-wetting features and documentation;


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(4) corrective maintenance action are taken to prevent the runway surface friction characteristics for either

the entire runway or a portion thereof from falling below a minimum friction level specified by the

Authority;

(5) when there is reason to believe that the drainage characteristics of a runway, or portions thereof, are

poor due to slopes or depressions, then the runway surface friction characteristics should be assessed

under natural or simulated conditions that are representative of local rain, and corrective maintenance

action should be taken as necessary;

(6) where a taxiway is used by turbine-engine aircraft, the surface of the taxiway shoulders is maintained

so as to be free of any loose stones or other objects that may be ingested by the aircraft engines;

(7) the surfaces of the paved runways, taxiways and aprons, are maintained in a condition that provides

good friction characteristics and low rolling resistance;

(8) any standing standing water, mud, dust, sand, oil, rubber deposits and other contaminants are

removed from the surface of runways in use as rapidly and completely as possible to minimize

accumulation.

(9) taxiways are kept clear of snow, slush, ice, etc., to the extent necessary to enable aircraft to be taxied

to and from an operational runway;

(10) aprons are kept clear of snow, slush, ice, etc., to the extent necessary to enable aircraft to manoeuvre

safely or, where appropriate, to be towed or pushed.

(11) whenever the clearance of snow, slush, ice, etc., from the various parts of the movement area cannot

be carried out simultaneously, the order of priority after the runway(s) in use is set in consultation with

the affected parties such as rescue and fire-fighting service and documented in a snow plan.

(12) chemicals to remove or to prevent the formation of ice and frost on aerodrome pavements are used

when conditions indicate their use could be effective. Caution should be exercised in the application of

the chemicals so as not to create a more slippery condition.

(13) chemicals which may have harmful effects on aircraft or pavements, or chemicals which may have

toxic effects on the aerodrome environment, are not be used.

(b) An operator shall ensure that the overlaying of runway pavements is done in accordance with standards

prescribed by the Authority so that aircraft operations do not experience down ramp.

26.575 PREVENTIVE MAINTENANCE OF VISUAL AIDS

(a) An operator shall not operate an aerodrome unless a system of preventive maintenance of visual aids is

employed at the aerodrome.

(b) The system of preventive maintenance required under paragraph (a) shall, if employed for instrument

precision approach runways categories I and II include—

(1) inspections and in-field measurement of the intensity, beam spread and orientation of lights

included in the approach and runway lighting systems;

(2) control and measurement of the electrical characteristics of each circuitry included in the approach

and runway lighting systems; and

(3) control of the correct functioning of the light intensity settings used by air traffic control unit.

(c) The in-field measurements of intensity, beam spread and orientation of lights applicable to instrument

precision approach runways categories I and II shall be undertaken by measuring all lights, as far as

practicable to ensure conformity with prescribed specifications using a mobile measuring unit of sufficient

accuracy to analyse the characteristics of individual lights.

(d) The frequency of measurement of lights shall be at least twice a year for instrument precision approach

runways categories I and II and at least once a year for other lights.

(e) An operator who is required to employ a system of preventive maintenance under paragraph (a), for

instrument precision approach runways categories I and II operations and for operations under runway

visual range conditions, shall comply with specifications prescribed by the Authority.


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26.580 CONSTRUCTION OR MAINTENANCE ACTIVITY DURING LOW VISIBILITY OPERATIONS

(a) An operator shall ensure that any construction or maintenance activity is not undertaken in the proximity of

aerodrome electrical systems at any time during periods of low visibility operations.

26.585 WORKS AT AERODROMES

(a) An operator shall establish procedures and precautions to ensure that any works carried out at an

aerodrome do not endanger the safety of any aircraft operations.

(b) The procedures and precautions in paragraph (a) shall comply with standards prescribed by the

Authority.

SUBPART M: ELECTRICAL SYSTEMS


(a) This Subpart shall apply to aerodromes in category A

(b) This Subpart may apply to aerodromes in categories B, C, and D where deemed necessary by the Authority.

26.595 ELECTRICAL POWER SUPPLY SYSTEMS FOR AIR NAVIGATION SERVICES & FACILITIES

(a) An operator shall not operate an aerodrome unless adequate primary power supply systems are made

available for the safe functioning of air navigation services and facilities.

(b) The design and provision of electrical power systems for aerodrome visual and radio navigation aids shall

be such that an equipment failure does not leave the pilot with inadequate visual and non-visual guidance

or misleading information.

(c) Where secondary power is required for air navigation services and facilities, the operator shall arrange the

electric power supply connections so as to ensure that the facilities are automatically connected to the

secondary power supply upon failure of the primary power supply.

(d) Paragraph (c) applies for non-instrument runways except that a secondary power supply for visual aids

may not be provided where an emergency lighting system is provided and is capable of being deployed

within fifteen minutes.

(e) At an aerodrome where the primary runway is an instrument non- precision approach runway, a secondary

power supply capable of fulfilling the requirements of paragraph (c) shall be provided, except that a

secondary power supply for visual aids need not be provided for more than one instrument non-precision

approach runway.

(f) An operator shall provide the following aerodrome facilities with secondary power supply capable of

supplying power where there is a failure of the primary power supply—

(1) )the signalling lamp and the minimum lighting necessary to enable air traffic services personnel to

carry out their duties;

(2) all obstacle lights which, in the opinion of the Authority are essential to ensure the safe operation of

aircraft;

(3) approach, runway and taxiway lighting;

(4) meteorological equipment;

(5) essential security lighting, if provided;

(6) essential equipment and facilities for the aerodrome emergency agencies;

(7) floodlighting on a designated isolated aircraft packing position if provided; and

(8) illumination of apron areas over which passengers may walk.

(g) The maximum switch-over time between failure of the primary source of power and the secondary source of

power for the services required by paragraph (f) shall be as indicated in Table 5.


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TABLE 5: SECONDARY POWER SUPPLY REQUIREMENTS

Runway Type Lighting Aids Requiring Power Maximum Switch-

Over Time

Non-Instrument Visual Approach Slope Indicator

Runway Edge

Runway Threshold

Runway End

Obstacle

15 seconds

15 seconds

15 seconds

15 seconds

15 seconds

Non-Precision Approach Approach Lighting System

Visual Approach Slope Indicators

Runway Edge

Runway Threshold

Runway End

Obstacle

15 seconds

15 seconds

15 seconds

15 seconds

15 seconds

15 seconds

Precision Approach Category I Approach Lighting System

Visual Approach Slope Indicators

Runway Edge

Runway Threshold

Runway End

Obstacle

15 seconds

15 seconds

15 seconds

15 seconds

15 seconds

15 seconds

Precisions Approach Category II Inner 300m of Approach Lighting System 1 second

Other parts of Approach Lighting System 15 seconds

Obstacle 15 seconds

Runway Edge 15 seconds

Runway Threshold 1 second

Runway End 1 second

Runway Centre Line 1 second

Runway Touchdown Zone 1 second

All Stop Bars 15 seconds

(h) For the purpose of this regulation, “switch-over time” means the time required for the actual intensity of a

light measured in a given direction to fall from fifty per cent and recover to fifty per cent during a power

supply changeover, when the light is being operated at intensities of twenty-five per cent or more.

SUBPART N: INFORMATION TO BE REPORTED TO AERONAUTICAL INFORMATION SERVICES


(a) This Subpart shall apply to all categories of aerodromes.

26.605 AVAILABILITY OF INFORMATION

(a) An operator shall ensure that information relating to the aerodrome and its facilities, which is significant for

the conduct of flights to and from the aerodrome, is available to the users of the aerodrome.

(b) An operator shall be responsible for notifying the Authority, Aeronautical Information Services of any errors

and omissions in the aeronautical information of operational significance, published in the Aeronautical

Information Publication or Aeronautical Information Circular or in the NOTAM, and of any pending changes

in the aerodrome or its facilities which are likely to affect this information.

(c) An operator shall provide information on the following for the guidance of pilots and other operators—

(1) status of licensing/certification of the aerodrome;


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(2) construction or maintenance work on or immediately adjacent to the manoeuvring area;

(3) unserviceable portions of any part of the manoeuvring area;

(4) the runway surface conditions when affected by water, damp, wet, water patches or flooded, as

appropriate;

(5) parked aircraft or other objects on, or immediately adjacent to the taxiways;

(6) the presence of other temporary hazards;

(7) failure or irregular operation of any part of the aerodrome lighting system, or of the aerodrome main

and secondary power supplies;

(8) failure, irregular operation and changes in the operational status of any electronic approach or

navigation aid, or aeronautical communication facility;

(9) failures and changes in the runway visual range observer system; and

(10) any other information of operational significance.

26.610 ACTION REQUIRED FOR OCCURRENCES OF OPERATIONAL SIGNIFICANCE OTHER THAN THOSE INVOLVING ELECTRONIC AIDS AND COMMUNICATION FACILITIES

(a) Where any of the following conditions occur or are anticipated, an operator shall take immediate action to

amend the information contained in the Aeronautical Information Circular and where necessary, promulgate

the change by NOTAM through the Aeronautical Information Services using the Aeronautical Information

Services address notified in the Aeronautical Information Circular—

(1) changes in the availability of the manoeuvring area and changes in the runway declared distance;

except that increases in declared distances may only be made with the approval of the Authority;

(2) significant changes in aerodrome lighting and other visual aids;

(3) presence or removal of temporary obstructions to aircraft operation in the manoeuvring area;

(4) presence of airborne hazards to air navigation;

(5) interruption, return to service, or major changes to rescue facilities and fire fighting services in terms

of the new category of the rescue and fire fighting service available at the aerodrome; except that

permanent changes to the promulgated rescue fire fighting category may only be made with the

approval of the Authority;

(6) failure of or return to operation of hazard beacons and obstruction lights on or in the vicinity of the

aerodrome;

(7) erection or removal of obstructions to air navigation, and erection or removal of significant obstacles in

take-off, climb or approach areas;

(8) air displays, air races, parachute jumping, or any unusual aviation activity; and

(9) any other information of operational significance.

(b) Where any of the conditions in paragraph (a) arises at short notice, an operator shall notify the Aeronautical

Information Services for promulgation of a NOTAM.

(c) Where any of the conditions in paragraph (a) is intended, the operator shall make a written request to the

Aeronautical Information Services, for the amendment of the Aeronautical Information Publication and

Aeronautical Information Circular or for supplementary action.

26.615 ACTION REQUIRED FOR OCCURRENCES THAT AFFECT ELECTRONIC AIDS & COMMUNICATION FACILITIES

(a) An operator or a person in charge of a navigation facility shall initiate NOTAM action—

(1) for the establishment or withdrawal of electronic aids to air navigation; and

(2) for changes in the regularity or reliability of operation of any electronic aid to air navigation or

aeronautical communication facility.

(b) An operator or a person in charge of a navigation facility shall request for the NOTAM action, or an

amendment or a supplement of Aeronautical Information Publication or Aeronautical Information Circular

directly from the Aeronautical Information Services or through channels established by the Authority.


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26.620 AERONAUTICAL DATA REPORTING

(a) An operator shall provide to the Authority for promulgation, accurate aeronautical data as specified in the

Appendix 1 to 26.620 to these Regulations.

(b) An operator shall ensure that aerodrome related aeronautical data is adequate and accurate and that the

integrity of the data is maintained and protected throughout the data process from survey or origin up to the

next intended user.

(c) An operator shall determine and report aerodrome related aeronautical data in accordance with prescribed

accuracy and integrity requirements while taking into account the established quality system procedures.

(d) Accuracy requirements for aeronautical data shall be based upon a ninety-five per cent confidence level

and in that respect, three types of positional data, namely; surveyed points, calculated points and declared

points shall be identified.

(e) Without prejudice to the generality of paragraphs (a), (b), (c) and (d), the determination and reporting of

aerodrome aeronautical data shall be in accordance with the accuracy and integrity levels prescribed by the

Authority or a person in charge of a navigation facility.

(f) Aerodrome mapping data shall be made available to the aeronautical information services for all certified

aerodromes.

(g) The selection of the aerodrome mapping data features to be collected and made available in accordance

with paragraph (f), shall be made with consideration of the intended applications.

(h) The aerodrome mapping data made available in accordance with paragraph (f), shall comply with the

accuracy and integrity requirements in prescribed by the Authority

(i) Subject to paragraph (e), based on the applicable integrity classifications, the validation and verification

procedures shall—

(1) for routine data: avoid corruption throughout the processing of the data;

(2) for essential data: assure corruption does not occur at any stage of the entire process and may include

additional processes as needed to address potential risks in the overall system architecture to further

assure data integrity at this level; and;

(3) for critical data: assure corruption does not occur at any stage of the entire process and include

additional integrity assurance procedures to fully mitigate the effects of faults identified by thorough

analysis of the overall system architecture as potential data integrity risks.

SUBPART O: EXEMPTIONS

26.625 EXEMPTION

(a) Refer to Part 1 Rwanda Civil Aviation Regulations

SUBPART P: MISCELLANEOUS


(a) This Subpart shall apply to all categories of aerodromes except where otherwise specified.

26.650 CHANGE OF NAMES OF A LICENCE OR CERTIFICATE HOLDER

(a) A holder of a licence or certificate may apply to the Authority to change the name of the holder of the

licence or certificate.

(b) An application in paragraph (a) shall be accompanied by—


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(1) the current licence or certificate; and

(2) a court order or any other legal document verifying the change of name if any

(c) The Authority shall change the name of the holder and issue a replacement licence or certificate with the

appropriate endorsement.

(d) The Authority shall retain copies of the documents submitted under paragraph (b).

26.655 CHANGE OF ADDRESS OF A LICENCE OR CERTIFICATE HOLDER

(a) A holder of a licence or certificate, shall inform the Authority of

(1) change in the physical address at least fourteen days in advance; and

(2) the mailing address upon the change.

(b) Where a holder of a licence or certificate does not inform the Authority of the change in the physical

address within the time specified in paragraph (a), the Authority may suspend the licence or certificate.

26.660 USE & RETENTION OF LICENCES, CERTIFICATES & RECORDS

(a) A person shall not—

(1) use a licence, certificate, approval, permission, exemption or any other document issued or required

by or under these Regulations which is forged, altered, revoked, or suspended, or which the person is

not entitled to use;

(2) forge or alter a licence, certificate, approval, permission, exemption or any other document issued or

required by or under these Regulations;

(3) lend a licence, certificate, approval, permission, exemption or any other document issued or required

by or under these Regulations to any other person; or

(4) make any false representation for the purpose of procuring for himself, herself or any other person the

issue, renewal or variation of an licence, certificate, approval, permission or exemption or other

document.

(b) A person shall not, during the period for which it is required under these Regulations to be preserved—

(1) mutilate, alter, render illegible or destroy a licence, certificate or any entry made in any record;

(2) knowingly make, procure or assist in the making of any false entry in a licence, certificate or record, or

(3) wilfully omit to make a material entry in an licence, certificate or record.

(c) A record required to be maintained under these Regulations shall be recorded in a permanent and indelible

material.

(d) A person shall not purport to issue a licence, certificate or exemption for the purpose of these Regulations

unless that person is authorised to do so.

(e) The Authority may suspend or cancel a licence or certificate of an operator who contravenes any provision

of these Regulations.

26.665 REPLACEMENT OF DOCUMENTS

(a) A holder of a licence or certificate who requires a replacement of the licence or certificate may apply to the

Authority in the prescribed form.

26.670 [RESERVED]

26.675 CONDITIONS FOR OPERATING AN AERODROME

(a) A person shall not operate an aerodrome licensed or certificated under these Regulations unless the

facilities and characteristics of the aerodrome are effectively related and match the needs of the aircraft for

which the aerodrome is intended.


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26.680 STANDARDS FOR PHYSICAL CHARACTERISTICS

(a) A person shall not operate an aerodrome unless the physical characteristics like runways, turn pad, runway

stripes, runway end safety area, stop ways, clearways, taxiways, aprons, slopes, shoulders, holding

positions, holding bays and etc. of the aerodrome comply with the standards prescribed by the Authority in

Civil Aviation Technical Standards (Aerodromes) and any publications as published or approved by the

Authority.

26.685 DANGEROUS LIGHT

(a) A person shall not exhibit a light in the vicinity of an aerodrome which, by its glare, endangers the safety of

aircraft arriving or departing from the aerodrome.

(b) Where a light appears to the Authority to be capable of endangering the safety of aircraft as described in

paragraph (a), the Authority may direct the owner of the place where the light is exhibited or the person

having charge of light to extinguish and to prevent in the future, the exhibition of the light within the period

specified.

(c) Where a light is or may be visible from any waters within the area of a general lighthouse authority, the

power of the Authority under this regulation shall not be exercised except with the consent of that

lighthouse authority.

26.690 LIGHTING OF EN-ROUTE OBSTACLES

(a) An owner or a person in charge of an en-route obstacle shall ensure that the en-route obstacle is fitted with

medium intensity steady red light—

(1) positioned as close as possible to the top of the obstacle; and

(2) spaced as far as practicable, equally between the top lights and ground level with an interval not

exceeding thirty-three metres, at the intermediate levels.

(b) Where any light which is required by this regulation to be displayed fails, an owner or a person in charge of

an en-route obstacle shall repair or replace the light as soon as is reasonably practicable but in any case

not later than twenty-four hours after the failure of the light.

(c) Subject to paragraph (b), an owner or a person in charge of an en-route obstacle shall ensure that the lights

required to be fitted by this regulation are displayed.

(d) An owner or a person in charge of an en-route obstacle shall ensure that sufficient light is fitted and arranged

at each level of an obstacle where lights are required to be fitted, so as to show, when displayed, in all

directions.

(e) The Authority may direct that an en-route obstacle is fitted with additional lights which shall be displayed in

such positions and at such times as the Authority may specify.

(f) For the purpose of this regulation—

(1) “en-route obstacle” means any building, structure or erection, which is one hundred metres or more,

above ground level, except a building, structure or erection, which is in the vicinity of an aerodrome;

(2) “medium intensity steady light” means a light, which complies with the characteristics described for a

medium intensity type light specified in the Civil Aviation Technical Standards (Aerodromes).

26.695 LAND USE IN THE VICINITY OF AN AERODROME

(a) All land use practices and activities in the vicinity of an aerodrome shall conform to the guidelines prescribed

by the Authority.

26.700 AERONAUTICAL STUDY

(a) Where an aerodrome does not meet the requirements prescribed in the standards, the Authority shall


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request the aerodrome operator to carry out Aeronautical study, to ensure that the conditions and

procedures necessary to guarantee a level of safety equivalent to that established by the relevant

prescribed standards. The Authority may carry out the Aeronautical study if deemed necessary.

26.705 DEVIATIONS FROM STANDARDS

(a) Any deviation from a prescribed standard or procedure in these Regulations shall be set out in an

endorsement on the aerodrome manual.

26.710 SAFETY INSPECTIONS & AUDITS

(a) The Authority shall—

(1) carry out such safety inspections and audits as may be necessary for the purpose of verifying the

validity of an application for construction and operation of an aerodrome;

(2) carry out safety inspections and audits of any document and records of an operator, which may be

necessary to determine compliance with the appropriate requirements as prescribed in these

Regulations

(b) The Authority shall carry out surveillance of all aerodromes as set out in the surveillance program in order

to ensure compliance with the appropriate requirements as prescribed in these regulations and R-CATS.

26.715 OBLIGATION TO INSURE AN AERODROME

(a) A person shall not operate, or cause or permit any other person to operate, an aerodrome unless there is a

policy of insurance in force in relation to that aerodrome.

(b) A policy of insurance shall be of no effect for the purposes of paragraph (a) unless—

(1) there has been issued by the insurer to the operator a certificate in relation to the policy of insurance

in such form and containing such particulars as the Authority may prescribe, and

(2) the operator has sent, or caused to be sent, to the Authority a copy of such certificate

(c) have effect, any licence or certificate issued under these Regulations in respect of the aerodrome to which

the policy of insurance relates shall thereupon be deemed to have been revoked.

(d) A licence or certificate shall not be renewed or amended under these Regulations in relation to the

operation of an aerodrome where the policy of insurance has expired.

(e) In this regulation "policy of insurance" means a policy which insures the operator of an aerodrome against

liability in respect of loss and damage caused to any person or property at that aerodrome and which

complies with such conditions as may be prescribed by the Authority.

(f) This regulation shall not apply to aerodromes in categories C and D unless required by the Authority.


(a) If any provision of these Regulations, orders, notices or proclamations made thereunder is contravened in relation to an aerodrome, the operator of the aerodrome, the aerodrome personnel who contravenes 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 proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.

(b) Any person or aerodrome operator who contravene any provision of these Regulations shall be guilty of an offence and shall on conviction be liable for each or multiple offences committed to a fine not exceeding the amount specified in Appendix 1 to this regulation.



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APPENDICES

APPENDIX 1 TO 26.205: SYSTEMATIC MANAGEMENT OF SAFETY AT AERODROMES

1. SAFETY MANAGEMENT

Aerodromes in Category A shall have in place a system for managing safety, to which it is committed, is readily

identifiable by the personnel of the Aerodrome and the personnel of the Authority and is clearly documented in

the Aerodrome Manual.

2. INTERPRETATION

In this Appendix, unless the context otherwise requires “risk” is the combination of the probability, or frequency

of occurrence of a defined hazard and the magnitude of the consequences of the occurrence.

3. SAFETY OBJECTIVE

An aerodrome and the facilities, equipment and systems of the aerodrome shall be designed and operated such

that for any hazard, the combination of the probability of occurrence and the seriousness of the consequences

of the hazard occurring must not result in a level of risk that is unacceptable.

4. SAFETY MANAGEMENT POLICY STATEMENTS

(a) Safety Management Systems (SMS) established at aerodromes shall include the following—

(1) a statement that the highest priority shall be attached to safety in relations to all business activities;

(2) a business objective for safety that shall minimise the aerodrome’s contribution to aviation accidents

risk to as low as reasonably practicable;

(3) a commitment by the aerodrome operator to adopt an explicit and pro-active approach to safety

management;

(4) statements of safety-related responsibilities and accountabilities at all levels of the organization;

(5) a commitment to comply with all appropriate safety standards;

(6) a commitment that the safety assurance processes used by external suppliers comply with safety

standards and requirements;

(7) an emergency response plan that provides for the orderly and efficiency transition and coordination of

operations from normal to emergency and back to normal.

5. SAFETY MANAGEMENT PRINCIPLES

(a) Whenever practicable, quantitative safety levels shall be derived, maintained and improved for all aviation

products and services delivered by the aerodrome; and when quantitative safety levels cannot be derived,

a qualitative reasoning shall be performed in order to meet the safety objective.

(1) An operator shall assess all existing operations, proposed changes, additions or replacements for

their safety significance.

(2) An operator shall identify and record the safety requirements for a service or product, the results of

the safety assessment process and the evidence that the safety requirements have been met; and the

records shall be maintained throughout the life of the service or product.

(3) An operator shall ensure that personnel whose functions impact on safety at the aerodrome are

adequate, trained and qualified for the job they are required to do and for which they have

accountability.

(b) An operator shall ensure that there is accountability, at a suitable senior level for the management,

development and monitoring of the safety management system.


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(1) An operator shall routinely carry out internal safety audits to provide assurance of the safety activities

and to confirm compliance with the safety requirements and the safety management system.

(2) An operator shall have in place suitable monitoring arrangements so that undesirable trends in service

or product performance can be recognized and be subject to remedial action; and in order to achieve

this, the operator shall in accordance with the provisions of the Part B of this Appendix—

(i) establish a reporting system for accident and incident reporting that ensures the Authority is

informed of the aviation safety aspects in connection with the aerodrome;

(ii) investigate safety significant occurrences, identify any failures of its management of safety and

take corrective action if required;

(d)The operator shall establish and maintain procedures, which enable tracing of documents and data related

to the safety management system, and the procedures shall ensure that all safety related documents

and data are available, and that invalid documents and data shall be destroyed and secured against

unintended use.

6. SAFETY MANAGEMENT STRATEGY

(a) An operator shall establish processes to identify safety shortcomings, so that remedial action can be taken

to ensure safety levels are maintained.

(b) The basic principles to be applied in the safety management strategy shall include—

(1) safety achievement; specifying the means by which the safety performance of the organization meets

its safety objectives and derived requirements;

(2) safety assurance; specifying the means for providing assurance that risks are being managed

properly and effectively;

(3) safety performance monitoring and measurement; specifying the means to verify safety performance

of the organisation and to validate the effectiveness of safety risk controls;

(4) safety promotion; specifying the means by which safety issues are communicated within the

aerodrome to eliminate unnecessary risks and avoid repeat errors or risks and safety training

programme that ensures personnel are trained and competent to perform SMS duties.

(c) An operator shall develop and maintain a formal process to—

(1) ensure that hazards in operations are identified.

(2) identify changes within the organisation which may affect processes and services and shall describe

arrangements to ensure safety performance before implementing changes.

(3) identify the causes of substandard performance of safety management systems, determine the

implications of substandard performance of the SMS in operation and eliminate or mitigate such

processes.

Operational safety assurances documentation

(g) An operator shall produce and maintain safety assurance documentation, and this documentation shall

cover—

(4) all safety related roles and functions;

(5) a safety based risk assessment of the roles and functions where practicable;

(6) a process of risk management for safety related tasks and functions to ensure that identified risks

remain tolerable;

(7) safety performance measurements of the current operations as part of the ongoing risk management;

and

(8) corrective procedures and measures that modify the original tasks or functions to address inadequate

performance.

(d) Safety assurance documentation on systems requiring approval


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(1) An operator shall, when intending to introduce new systems into operation, or introduce changes to, or

replace existing systems, submit an application for approval by the Authority.

(2) The aerodrome operator shall also submit an application for approval if the intended changes affect the

approvals in the aerodrome licence.

(3) An aerodrome licensee shall, if satisfied that their own safety requirements as well as those issued by

the Authority have met the compliance criteria, notify the Authority in writing indicating compliance

with the specified safety requirements for any operational system.

7. SAFETY ASSESSMENT METHODOLOGY

(a) The safety assessment of the aerodrome shall involve—

(1) systematic identification of possible hazards to aircraft;

(2) evaluation of the seriousness of the consequences of the hazard occurring;

(3) considering the chances of a hazard happening;

(4) determining whether the consequent risk is tolerable and within the operators acceptable safety

performance criteria; and

(5) taking action to reduce the severity of the hazard or the probability of it arising in order to reduce the

risk to a tolerable level.

8. SAFETY AUDITING OF AERODROMES

(a) An operator shall carry out internal safety auditing of the aerodrome in order to determine—

(1) the level of compliance with requirements;

(2) the areas and degree of risk and their effective management; and

(3) the competence and performance of those responsible for safety.

APPENDIX 1 TO 26.205: OCCURRENCE REPORTING & INVESTIGATION AT AERODROMES

1. AERODROME OCCURRENCE REPORTING

(a) This schedule prescribes the requirements for reporting the occurrence or detection of defects, failures or

malfunctions at an aerodrome, its components or equipment, which could jeopardize the safe operation of

the aerodrome or cause it to become a danger to persons or property.

(b) The objectives of the aerodrome occurrence reports are as follows—

(1) to ensure that knowledge of these occurrences is disseminated so that other persons and

organizations may learn from them; and

(2) to enable an assessment to be made by those concerned (whether internal or external to the

aerodrome operator) of the safety implications of each occurrence, both in itself and in relation to

previous similar occurrences, so that they may take or initiate any necessary action.

2. REPORTABLE OCCURRENCES & REPORTING PROCEDURES

(a) An operator shall notify the Authority of any accident, serious incident, fatal or serious injury occurring at the

aerodrome as soon as practicable after the occurrence and provide a detailed occurrence report thereafter.

(b) For the purpose of this Appendix—

(1) “accident” means an occurrence associated with the operation of an aircraft, which takes place

between the time any person boards the aircraft with the intention of flight until such time as all such

persons have disembarked, in which;

(i) a person is fatally or seriously injured as a result of—


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(A) being in the aircraft, or

(B) direct contact with any part of the aircraft, including parts which have become detached

from the aircraft, or

(C) direct exposure to jet blast, except when the injury are from natural causes, self-inflicted,

or inflicted by other persons, or when the injuries are to stowaways hiding outside the

areas normally available to the passengers and crew or;

(ii) the aircraft sustains damage or structural failure which—

(A) adversely affects the structural strength, performance or flight characteristics of the

aircraft; and

(B) would normally require major repair or replacement of the affected component except for

engine failure or damage, when the damage is limited to the engine, its cowlings or

accessories; or for damage limited to propellers, wing tips, antennas, tires, brakes,

fairings, small dents or puncture holes in the aircraft skin; or

(iii) the aircraft is missing or is completely inaccessible.

(2) “Serious incident” includes—

(i) a near collision requiring avoidance manoeuvre to avoid a collision or an unsafe situation or

where an avoidance action would have been appropriate;

(ii) a controlled flight into terrain only marginally avoided;

(iii) aborted take-off on a closed or engaged runway;

(iv) a take-off from a closed or engaged runway with marginal separation from an obstacle;

(v) a landing or attempted landing on a closed or engaged runway;

(vi) a take-off or landing incident such as undershooting; or overrunning or running off the side of

runways; or

(vii) a major failure of any navigation aid when a runway is in use;

(3) “Serious injury” means any injury that is sustained by a person in an accident and that—

(i) requires hospitalisation for more than forty eight hours, commencing within seven days from

the date the injury was received;

(ii) results in a fracture of any bone, except simple fractures of fingers, toes or nose;

(iii) involves lacerations which cause severe haemorrhage, nerve, muscle, or tendon damage;

(iv) involves any injury to any internal organ;

(v) involves second or third degree burns, or any burns affecting more than 5% of the body

surface; or

(vi) involves verified exposure to infectious substances or injurious radiation.

(c) The operator shall notify the Aircraft Accident and Incident Investigation Branch whenever an accident or

serious incident occurs on or adjacent to his aerodrome in accordance with the provisions of the Civil

Aviation (Aircraft Accident and Incident Investigation) Regulations.

(d) Information to be provided in the reporting and notification of an accident, serious incident or serious injury

shall as far as possible include the following—

(1) the date and local time of occurrence;

(2) the exact location of the occurrence with reference to some easily defined geographical point ;

(3) detailed particulars of the parties involved, including the owner, operator, manufacturer, nationality,

registration marks, serial numbers, assigned identities of aircraft and equipment;

(4) a detailed description of the sequence of events leading up to the incident;

(5) the physical characteristics, environment or circumstances of the area in which the incident occurred

and an indication of the access difficulties or special requirements to reach the site;

(6) the identification of the person sending the notice and where the incident occurred;


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(7) in the case of an aircraft accident, the number of crew members, passengers or other persons

respectively killed or seriously injured as a result of the accident; and

(8) a description of the follow-up action being taken after the incident has occurred.

3. AERODROME OCCURRENCE RECORDS

(a) An operator shall establish and maintain aerodrome occurrence reports for any accident, serious incident,

serious injury or any occurrence or event that has a bearing on the safety of aerodrome operations.

(b) An operator shall use aerodrome occurrence reports to monitor and improve the level of operational safety,

including reviews of safety standards required.

(c) The Authority may require the operator to produce and provide information contained in the aerodrome

occurrence report relating to any safety occurrence or event.

4. AIRCRAFT ACCIDENT & INCIDENT INVESTIGATION

(a) In the event of an accident or serious incident, an operator shall carry out its own investigations.

(b) The investigations carried out by the aerodrome operator shall be additional to that carried out by the

Aircraft Accident and Incident Investigation Branch to enable the operator to assess safety of aircraft

operations at his aerodrome.

(c) The investigator, or team of investigators, shall be technically competent and shall either possess or have

access to the background information, so that the facts and events are interpreted accurately. The

investigations shall be a search to establish how the mishap happened, why it occurred, including

organizational contributing factors, and to recommend action to prevent a recurrence, and shall not be

intended to apportion blame.

(d) The lesson learnt derived from an aerodrome incident or accident investigation shall be disseminated to

personnel to provide feedback for safety improvement.

(e) The Authority may require the operator to produce and provide information contained in the aerodrome

accident or incident investigation report relating to any such event.

(f) An operator shall inspect his aerodrome, as circumstances require, to ensure safety as soon as practicable

after any aircraft accident or incident.

APPENDIX 1 TO 26.295: PARTICULARS FOR AERODROME MANUAL FOR AERODROMES IN

CATEGORY A

1. GENERAL

(a) General information, including the following—

(1) purpose and scope of the aerodrome manual;

(2) the legal requirement for an certificate and an aerodrome manual as prescribed in the national

regulations;

(3) conditions for use of the aerodrome— a statement to indicate that the aerodrome shall at all times,

when it is available for the take-off and landing of aircraft, be so available to all persons on equal

terms and conditions;

(4) the available aeronautical information system and procedures for its promulgation;

(5) the system for recording aircraft movements; and

(6) obligations of the operator.

2. PARTICULARS OF THE AERODROME SITE



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(1) a plan of the aerodrome showing the main aerodrome facilities for the operation of the

aerodrome including, particularly, the location of each wind direction indicator;

(2) a plan of the aerodrome showing the aerodrome boundaries;

(3) a plan showing the distance of the aerodrome from the nearest city, town or other populous area, and

the location of any aerodrome facilities and equipment outside the boundaries of the aerodrome; and

(4) particulars of the land title of the aerodrome site. If the boundaries of the aerodrome are not defined in

the land title documents particulars of the land title to, or interest in, the property on which the

aerodrome is located and a plan showing the boundaries and position of the aerodrome.

3. PARTICULARS OF THE AERODROME REQUIRED TO BE REPORTED TO THE AERONAUTICAL

INFORMATION SERVICE

(a) General Information—

(1) the name of the aerodrome;

(2) the location of the aerodrome;

(3) the geographical coordinates of the aerodrome reference point determined in terms of the World

Geodetic System - 1984 reference datum;

(4) the aerodrome elevation and geoid undulation;

(5) the elevation of each threshold and geoid undulation, the elevation of each runway end and any

significant high and low points along the runway, and the highest elevation of the touchdown zone of a

precision approach runway;

(6) the aerodrome reference temperature;

(7) details of the aerodrome beacon; and

(8) the name of the operator and the address, telephone and facsimile numbers at which the operator

may be contacted at all times.

(b) Aerodrome dimensions and related information: General information, including the following—

(1) runway - true bearing, designation number, length, width, displaced threshold location, slope, surface

type, type of runway and, for a precision approach runway, the existence of an obstacle free zone;

(2) length, width and surface type of strip, runway end safety areas, stopways;

(3) length, width and surface type of taxiways;

(4) apron surface type and aircraft stands;

(5) clearway length and ground profile;

(6) visual aids for approach procedures, viz. Approach lighting type and visual approach slope indicator

system (PAPI/APAPI and T-VASIS/AT-VASIS); marking and lighting of runways, taxiways, and

aprons; other visual guidance and control aids on taxiways (including runway holding positions,

intermediate holding positions and stop bars) and aprons, location and type of visual docking

guidance system; availability of standby power for lighting;

(7) the location and radio frequency of VOR aerodrome checkpoints;

(8) the location and designation of standard taxi routes;

(9) the geographical coordinates of each threshold;

(10) the geographical coordinates of appropriate taxiway centre line points;

(11) the geographical coordinates of each aircraft stand;

(12) the geographical coordinates and the top elevation of significant obstacles in the approach and take-

off area, in the circling area and in the vicinity of the aerodrome. (This information may best be shown

in the form of charts such as those required for the preparation of aeronautical information

publications, as specified in Annexes 4 and 15 to the Convention);

(13) pavement surface type and bearing strength using the Aircraft Classification Number - Pavement

Classification Number method;


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(14) one or more pre-flight altimeter check locations established on an apron and their elevation;

(15) declared distances: take-off run available, take-off distances available, accelerate- stop distance

available, landing distance available;

(16) disabled aircraft removal plan: the telephone/telex/ facsimile number and e-mail address of the

aerodrome coordinator for the removal of a disabled aircraft on or adjacent to the movement area,

information on the capability to remove a disabled aircraft, expressed in terms of the largest type of

aircraft which the aerodrome is equipped to remove; and

(17) rescue and fire-fighting; the level of protection provided, expressed in terms of the category of the

rescue and fire-fighting services, which should be in accordance with the longest aircraft normally

using the aerodrome and the type and amounts of extinguishing agents normally available at the

aerodrome.

Note:- the accuracy of the information in Part 3 is critical to aircraft safety. Information requiring

engineering survey and assessment should be gathered or verified by qualified technical persons.

4. PARTICULARS OF THE AERODROME OPERATING PROCEDURES & SAFETY MEASURES

Aerodrome reporting

(a) Particulars of the procedures for reporting any changes to the aerodrome information set out in the

Aeronautical Information Publication and Aeronautical Information Circular and procedures for requesting

the issue of NOTAMs, including the following—

(1) arrangements for reporting any changes to the Authority and recording the reporting of changes

during and outside the normal hours of aerodrome operations;

(2) the names and roles of persons responsible for notifying the changes, and their telephone numbers

during and outside the normal hours of aerodrome operations; and

(3) the address and telephone and facsimile numbers, as provided by the Authority, of the place where

changes are to be reported to the Authority.

Access to the aerodrome movement area

(b) Particulars of the procedures that have been developed and are to be followed in coordination with the

agency responsible for preventing unlawful interference in civil aviation at the aerodrome and for preventing

unauthorized entry of persons, vehicles, equipment, animals or other things into the movement area,

including the following—

(1) the role of the operator, the aircraft operator, aerodrome fixed-base operator, the aerodrome security

entity, the Authority and other government departments, as applicable; and

(2) the personnel responsible for controlling access to the aerodrome, and the telephone numbers for

contacting them during and after working hours.

Aerodrome emergency plan

(c) Particulars of the aerodrome emergency plan, including the following—

(1) plans for dealing with emergencies occurring at the aerodrome or in its vicinity, including the

malfunction of aircraft in flight; structural fires; sabotage, including bomb threats (aircraft or structure);

unlawful seizure of aircraft; and incidents on the aerodrome covering “during the emergency” and

“after the emergency” considerations;

(2) details of test and aerodrome facilities and equipment to be used in emergencies, including the

frequency of those tests;

(3) details of exercises to test emergency plans, including the frequency of those exercises;

(4) a list of organizations, agencies and persons of authority, both on-and/off-aerodrome, for site roles;

their telephone and facsimile numbers, e-mail addresses and the radio frequencies of their offices;


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(5) the establishment of an aerodrome emergency committee to organize training and other preparations

for dealing with emergencies; and

(6) the appointment of an on-scene commander for the overall emergency operation. Rescue and fire-fighting

(d) Particulars of the facilities, equipment, personnel and procedures for meeting the rescue and fire-fighting

requirements, including the names and roles of the persons responsible for dealing with the rescue and fire-

fighting services at the aerodrome.

Inspection of the aerodrome movement area and obstacle limitation surface by the operator

(e) Particulars of the procedures for the inspection of the aerodrome movement area and obstacle limitation

surfaces, including the following—

(1) arrangements for carrying out inspections, including runway friction and water-depth measurements

on runways and taxiways, during and outside the normal hours of aerodrome operations;

(2) arrangements and means of communicating with air traffic control during an inspection;

(3) arrangements for keeping an inspection logbook, and the location of the logbook;

(4) details of inspection intervals and times;

(5) inspection checklist;

(6) arrangements for reporting the results of inspections and for taking prompt follow-up actions to ensure

correction of unsafe conditions; and

(7) the names and roles of persons responsible for carrying out inspections, and their telephone numbers

during and after working hours.

Visual aids and aerodrome electrical systems

(f) Particulars of the procedures for the inspection and maintenance of aeronautical lights (including obstacle

lighting), signs, markers and aerodrome electrical systems, including the following—

(1) arrangements for carrying out inspections during and outside the normal hours of aerodrome

operation, and the checklist for such inspections;

(2) arrangements for recording the result of inspections and for taking follow-up action to correct

deficiencies;

(3) arrangements for carrying out routine maintenance and emergency maintenance;

(4) arrangements for secondary power supplies and, if applicable, the particulars of any other method of

dealing with partial or total system failure; and

(5) personnel responsible for the inspection and maintenance of the lighting, and the telephone numbers

for contacting those persons during and after working hours.

Maintenance of the movement area

(g) Particulars of the facilities and procedures for the maintenance of the movement area, including

arrangements for—

(1) maintaining the paved areas;

(2) maintaining the unpaved runways and taxiways;

(3) maintaining the runway and taxiway strips; and

(4) the maintenance of aerodrome drainage. Aerodrome works – safety

(h) Particulars of the procedures for planning and carrying out construction and maintenance work safely

(including work that may have to be carried out at short notice) on or in the vicinity of the movement area

which may extend above an obstacle limitation surface, including the following—


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(1) arrangements for communicating with air traffic control during the progress of such work;

(2) the names, telephone numbers and roles of the persons and organizations responsible for planning

and carrying out the work, and arrangements for contacting those persons and organizations at all

times;

(3) the names and telephone numbers, during and after working hours, of the aerodrome fixed-base

operators, ground handling agents and aircraft operators who are to be notified of the work;

(4) a distribution list for work plans. Apron management

(i) Particulars of the apron management procedures, including the following—

(1) arrangements between air traffic control and the apron management unit;

(2) arrangements for allocating aircraft parking positions;

(3) arrangements for initiating engine start and ensuring clearance of aircraft push-back;

(4) marshalling service; and

(5) leader (van) service. Apron safety management

(j) Procedures to ensure apron safety, including—

(1) protection from jet blasts;

(2) enforcement of safety precautions during aircraft refuelling operations;

(3) apron sweeping;

(4) apron cleaning;

(5) arrangements for reporting incidents and accidents on an apron; and

(6) arrangements for auditing the safety compliance of all personnel working on the apron. Airside vehicle control

(k) Particulars of the procedure for the control of surface vehicles operating on or in the vicinity of the

movement area, including the following—

(1) details of the applicable traffic rules (including speed limits and the means of enforcing the rules);

(2) the method of issuing driving permits for operating vehicles in the movement area. Birds and wildlife hazard management

(l) Particulars of the procedures to deal with the danger posed to aircraft operations by the presence of birds

or mammals in the aerodrome flight pattern or movement area, including the following—

(1) arrangements for assessing birds and wildlife hazards;

(2) arrangements for implementing birds and wildlife control programmes; and

(3) the names and roles of the persons responsible for dealing with birds and wildlife hazards, and their

telephone numbers during and after working hours.

Obstacle control

(m) Particulars setting out the procedures for—

(1) monitoring the obstacle limitation surfaces and type A chart for obstacles in the take-off surface;

(2) controlling obstacles within the authority of the operator;

(3) monitoring the height of buildings or structures within the boundaries of the obstacle limitation

surfaces;

(4) controlling new developments in the vicinity of aerodromes; and


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(5) notifying the Authority of the nature and location of obstacles and subsequent addition of removal of

obstacles for action as necessary, including amendment of the Aeronautical Information Services

publications.

Removal of disabled aircraft

(n) Particulars of the procedures for removing a disabled aircraft on or adjacent to the movement area,


(1) the roles of the operator and the holder of the aircraft operator certificate.

(2) arrangements for notifying the aircraft operator.

(3) arrangements for liaising with the air traffic control unit;

(4) arrangements for obtaining equipment and personnel to remove the disabled aircraft; and

(5) role and telephone numbers of personnel responsible for arranging for the action as necessary,

including amendment of the AIS publications.

Handling of hazardous materials

(o) Particulars of the procedures for the safe handling and storage of hazardous materials on the aerodrome,


(1) arrangements for special areas of the aerodrome to be set up for the storage of inflammable liquids

(including aviation fuels) and any other hazardous materials; and

(2) the method to be followed for the delivery storage, dispensing and handling of hazardous materials.

For the purposes of this paragraph “hazardous materials” include inflammable liquids and solids,

corrosive liquids, compressed gases and magnetized or radioactive materials.

Low visibility operations

(p) Particulars of procedures to be introduced for low-visibility operations, including the measurement and

reporting of runway visual range as and when required, and the personnel, their telephone numbers,

responsible for measuring the Runway Visual Range.

Protection of sites for radar and navigational aids

(q) Particulars of the procedures for the protection of sites for radar and radio navigational aids located on the

aerodrome to ensure that their performance will not be degraded, including the following—

(1) arrangements for the control of activities in the vicinity of radar and navigational aids installations;

(2) arrangements for ground maintenance in the vicinity of these installations; and

(3) arrangements for the supply and installation of signs warning of hazardous microwave radiation.

Note 1: In writing the procedures for each category, clear and precise information should be included

on (1) when, or in what circumstances, an operating procedure is to be activated; (2) how an

operating procedure is to be activated; (3) actions to be taken; and (4) the equipment necessary for

carrying out the actions, and access to such equipment.

Note 2: if any of the procedures specified above are not relevant or applicable, reasons should be

given.

5. AERODROME ADMINISTRATION & SAFETY MANAGEMENT SYSTEM

Aerodrome administration

(a) Particulars of the aerodrome administration, including the following—

(1) an aerodrome organizational chart showing the names and positions of key personnel, including their

responsibilities;

(2) the name, position and telephone number of the person who has overall responsibility for aerodrome

safety; and


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(3) airport committees.

2. Safety Management System

(b) Particulars of the safety management system established for ensuring compliance with all safety

requirements and achieving continuous improvement in safety performance, the essential features being—

(1) the safety policy, in so far as applicable, on the safety management process and its relation to the

operational and maintenance process;

(2) the structure or organization of the Safety Management System, including staffing and the assignment

of individual and group responsibilities for safety issues;

(3) Safety Management System strategy and planning, such as setting safety performance target,

allocating priorities for implementing safety initiative and providing a framework for controlling the

risks to as low a level as is reasonably practicable keeping always in view the requirements of the

prescribed standards and recommended practice, and regulations;

(4) Safety Management System implementation, including facilities, methods and procedures for the

effective communication of safety messages and the enforcement of safety requirements;

(5) a system for the implementation of, and action on, critical safety areas which require a higher level of

safety management integrity (safety measures programme);

(6) measures for safety promotion and accident prevention and a system for risk control involving

analysis and handling of accidents, incidents, complaints, defects, faults, discrepancies and failures,

and continuing safety monitoring.

(7) the internal safety audit and review system detailing the systems and programmes for quality control

of safety;

(8) the system for documenting all safety-related aerodrome facilities as well as airport operational and

maintenance records, including information on the design and construction of aircraft payments and

aerodrome lighting. The system should enable easy retrieval of records including charts;

(9) personnel training and competency, including the review and evaluation of the adequacy of training

provided to personnel on safety-related duties and of the certification system for testing their

competency; and

(10) the incorporation and enforcement of safety-related clauses in the contract for construction work at

the aerodrome.


CATEGORIES B & C

1. PART I: GENERAL



(2) the legal requirement for an aerodrome licence and an aerodrome Handbook as prescribed in the

national regulations;

(3) conditions for use of the aerodrome - a statement to indicate that the aerodrome shall at all times,





(6) obligations of the aerodrome operator.


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2. PART 2: PARTICULARS OF THE AERODROME S I T E






the location of any aerodrome facilities and equipment outside the boundaries of the aerodrome; and

3. PART 3: PARTICULARS OF THE AERODROME REQUIRED TO BE REPORTED TO THE

AERONAUTICAL INFORMATION SERVICE (AIS)





Geodetic System - 1984 (WGS-84) reference datum;

(4) the aerodrome elevation

(5) points along the runway, and the highest elevation of the touchdown zone of a precision approach

runway;


(7) the name of the aerodrome operator and the address, telephone and facsimile numbers at which the

aerodrome operator may be contacted at all times.

(b) Aerodrome dimensions and related information; general information, including the following—

(1) runway - true bearing, designation number, length, width, displaced threshold location, slope, surface

type, type of runway and, for a precision approach runway, the existence of an obstacle free zone;

(2) length, width and surface type of strip,

(3) apron surface type and aircraft stands;

(4) one or more pre-flight altimeter check locations established on an apron and their elevation;

(5) rescue and fire-fighting plan;

Note.- the accuracy of the information in this Subpart is critical to aircraft safety. Information requiring


4. PART 4: PARTICULARS OF THE AERODROME OPERATING PROCEDURES & SAFETY

MEASURES

Aerodrome reporting

(a) Particulars of the procedures for reporting any changes to the aerodrome information set out in the AIP and

AIC and procedures for requesting the issue of NOTAMs, including the following—








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(1) the role of the aerodrome operator, the aircraft operator, aerodrome fixed-base operator, the

aerodrome security entity, the Authority and other government departments, as applicable; and


contacting them during and after working hours.


(4) arrangements for reporting the results of inspections and for taking prompt follow-up actions toensure





(c) Particulars of the facilities and procedures for the maintenance of the movement area, including—

(1) arrangements for maintaining the unpaved runways and taxiways;

(2) arrangements for maintaining the runway and taxiway strips; and

(3) arrangements for the maintenance of aerodrome drainage. Aerodrome Works – Safety

(d) Particulars of the procedures for planning and carrying out construction and maintenance work safely





times;

(2) a distribution list for work plans, if required. Birds & Wildlife Hazard Management

(e) Particulars of the procedures to deal with the danger posed to aircraft operations by the presence of birds

or mammals in the aerodrome flight pattern or movement area, including the following—

(1) arrangements for assessing birds and wildlife hazards;

(2) arrangements for implementing birds and wildlife control programmes; and

(3) the names and roles of the persons responsible for dealing with birds and wildlife hazards, and

their telephone numbers during and after working hours.

Obstacle Control

(f) Particulars setting out the procedures for—

(1) monitoring the obstacle limitation surfaces and Type A Chart for obstacles in the take-offsurface;



surfaces;



obstacles for action as necessary, including amendment of the AIS publications.


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Handling of Hazardous Materials

(g) Particulars of the procedures for the safe handling and storage of hazardous materials on the aerodrome,


(1) arrangements for special areas of the aerodrome to be set up for the storage of inflammable liquids

(including aviation fuels) and any other hazardous materials; and

(2) the method to be followed for the delivery storage, dispensing and handling of hazardous materials.

(3) For the purposes of this paragraph “hazardous materials” include inflammable liquids and solids,

corrosive liquids, compressed gases and magnetized or radioactive materials.

Protection of Sites for Radar and Navigational Aids

(h) Particulars of the procedures for the protection of sites for radar and radio navigational aids located on the

aerodrome to ensure that their performance will not be degraded, including the following




Note 1. In writing the procedures for each category, clear and precise information should be included

on (1) when, or in what circumstances, an operating procedure is to be activated; (2) how an

operating procedure is to be activated; (3) actions to be taken; (4) the equipment necessary for

carrying out the actions, and access to such equipment.

Note 2. if any of the procedures specified above are not relevant or applicable, the reason should be

given.

Rescue and Fire-fighting

(i) Particulars of the facilities, equipment, personnel and procedures for meeting the rescue and fire-fighting

requirements, including the names and roles of the persons responsible for dealing with the rescue and fire-

fighting services at the aerodrome.


CATEGORY D

1. PART I: GENERAL



(2) the legal requirement for an aerodrome licence and an aerodrome Handbook as prescribed in the

national regulations;

(3) conditions for use of the aerodrome - a statement to indicate that the aerodrome shall at all times,





(6) obligations of the aerodrome operator.

2. PART 2: PARTICULARS OF THE AERODROME SITE





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the location of any aerodrome facilities and equipment outside the boundaries of the aerodrome.

3. PART 3: PARTICULARS OF THE AERODROME REQUIRED TO BE REPORTED TO THE

AERONAUTICAL INFORMATION SERVICE (AIS)





Geodetic System - 1984 (WGS-84) reference datum;

(4) the heliport elevation of the touch down and lift off area (TLOF) and or the elevation and geoid

undulation of each threshold of the final approach and take off area (FATO);

(5) FATO type, true bearing, designation number, length, width, slope, surface type;

(6) safety area: length, width and surface type;

(7) apron: surface type, helicopter stands and geographical coordinates of specific points;

(8) declared distances: take off distance available, rejected take off distance availa and landing distance

available;


(10) the name of the aerodrome operator and the address, telephone and facsimile numbers at which the

aerodrome operator may be contacted at all times.

(11) maximum allowable mass;

(12) visual aids available;

(13) rescue and fire fighting surface and level of protection;

(14) availability of PAPI, APAPI or helicopter approach PAPI indicator.

(b) Aerodrome Dimensions & Related Information—

(1) General information, including the following—

(i) dimensions of safety areas, apron, clear way, FATO and TLOF, obstacle limitation surfaces,

helideck obstacle-free sector, helideck obstacle limitation sector and approach surface;

(ii) helicopter ground taxiway, air taxiway and air transit route;

(iii) one or more pre-flight altimeter check locations established on an apron and their

elevation.

Note.- the accuracy of the information in this Subpart is critical to aircraft safety. Information requiring


4. PART 4: PARTICULARS OF THE AERODROME OPERATING PROCEDURES & SAFETY

MEASURES

Aerodrome reporting

(a) Particulars of the procedures for reporting any changes to the aerodrome information set out in the AIP and

AIC and procedures for requesting the issue of NOTAMs, including the following—






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(1) the role of the aerodrome operator, the aircraft operator, aerodrome fixed-base operator, the

aerodrome security entity, the Authority and other government departments, as applicable;


contacting them during and after working hours;


(4) arrangements for reporting the results of inspections and for taking prompt follow-up actions to ensure





(c) Particulars of the facilities and procedures for the maintenance of the movement area, including—

(1) arrangements for maintaining the unpaved areas and taxiways;

(2) arrangements for maintaining the FATO and TLOF; and

(3) arrangements for the maintenance of aerodrome drainage. Aerodrome works – safety

(d) Particulars of the procedures for planning and carrying out construction and maintenance work safely





times;

(2) a distribution list for work plans, if required. Obstacle Control

(e) Particulars setting out the procedures for—

(1) monitoring the obstacle limitation surfaces;



surfaces;



obstacles for action as necessary, including amendment of the AIS publications.

Protection of Sites for Radar and Navigational Aids

(f) Particulars of the procedures for the protection of sites for radar and radio navigational aids located on the

aerodrome to ensure that their performance will not be degraded, including the following—





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Note 1: In writing the procedures for each category, clear and precise information should be included

on (1)when, or in what circumstances, an operating procedure is to be activated; (2) how an operating

procedure is to be activated; (3) actions to be taken; and (4) the equipment necessary for carrying

out the actions, and access to such equipment.

Note 2: if any of the procedures specified above are not relevant or applicable, the reason should be

given.

APPENDIX 1 TO 26.620: AERODROME DATA

1. AERODROME GEOGRAPHICAL COORDINATES

(a) Geographical coordinates indicating latitude and longitude for ground positions at aerodromes shall be

determined and reported in World Geodetic System – 1984 geodetic reference datum.

2. AERODROME REFERENCE POINT

(a) An aerodrome reference point shall be established for an aerodrome.

(b) The aerodrome reference point shall be located near the initial or planned geometric centre of the

aerodrome and shall normally remain where first established.

(c) The position of the aerodrome reference point shall be measured and reported in degrees, minutes and

seconds.

3. AERODROME & RUNWAY ELEVATIONS

(a) The aerodrome elevation and geoid undulation at the aerodrome shall be measured and reported in

accordance with specifications prescribed in the Civil Aviation Technical Standards (Aerodromes).

4. AERODROME REFERENCE TEMPERATURE

(a) An aerodrome reference temperature shall be determined for an aerodrome in degrees Celsius.

(b) The aerodrome reference temperature should be the monthly mean of the daily maximum temperatures for

the hottest month of the year (the hottest month being, that which has the highest monthly mean

temperature). This temperature should be averaged over a period of years.

5. AERODROME DIMENSIONS & RELATED INFORMATION

(a) The following data shall be measured or described, as appropriate, for each facility provided on an

aerodrome—

(1) runway – true bearing to one-hundredth of a degree, designation number, length, width, displaced

threshold location to the nearest metre, slope, surface type, type of runway and, for a precision

approach runway category I, the existence of an obstacle free zone when provided;

(2) strip, runway end safety area, stopway – length, width to the nearest metre, surface type;

(3) taxiway – designation, width, surface type;

(4) apron – surface type, aircraft stands;

(5) the boundaries of the air traffic control service;

(6) clearway – length to the nearest metre, ground profile;

(7) visual aids for approach procedures, marking and lighting of runways, taxiways and aprons, other

visual guidance and control aids on taxiways and aprons, including runway-holding positions and stop

bars, and location and type of visual docking guidance systems;

(8) location and radio frequency of any VOR aerodrome check-point;

(9) location and designation of standard taxi-routes; and


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(10) distances to the nearest metre of localizer and glide path elements comprising an instrument landing

system or azimuth and elevation antenna of microwave landing system in relation to the associated

runway extremities.

(b) The geographical coordinates of each threshold, appropriate taxiway centre line points and each aircraft

stand shall be measured and reported in degrees, minutes, seconds and hundredths of seconds.

(c) The geographical coordinates of significant obstacles in the approach and take-off areas, in the circling

area and in the vicinity of an aerodrome shall be measured and reported in degrees, minutes, seconds and

tenths of seconds, and in addition, the top elevation rounded up to the nearest metre, type, marking and

lighting (if any) of the significant obstacles shall be reported.

6. STRENGTH OF PAVEMENTS

(a) The bearing strength of a pavement at an aerodrome shall be determined and reported using guidelines

prescribed by the Authority in the Civil Aviation Technical Standards (Aerodromes).

7. PRE-FLIGHT ALTIMETER CHECK LOCATION

(a) One or more pre-flight altimeter check locations shall be established for the aerodrome.

(b) A pre-flight check location shall be located on an apron.

Note 1 – Locating a pre-flight altimeter location on an apron enables an altimeter check to be made

prior to obtaining taxi clearance and eliminates the need for stopping for that purpose after leaving

the apron.

Note 2 – Normally an entire apron can serve as a satisfactory altimeter check location.

(c) The elevation of a pre-flight altimeter check location shall be given as the average elevation, rounded to the

nearest metre, of the area on which it is located. The elevation of any portion of a pre-flight altimeter check

location shall be within 3m of the average elevation for that location.

8. DECLARED DISTANCES

(a) The following distances shall be calculated to the nearest metre for a runway intended for use by

international commercial air transport—

(1) take-off run available;

(2) take-off distance available;

(3) accelerate-stop distance available; and

(4) landing distance available.

9. CONDITION OF THE MOVEMENT AREA & RELATED FACILITIES

(a) An operator shall provide information on the condition of the movement area and the operational status of

related facilities in accordance with the requirements specified in the Civil Aviation Technical Standards

(Aerodromes) including information of operational significance to the air traffic service units without delay.

(b) The condition of the movement area and the operational status of related facilities shall be monitored and

reports on matters of operational significance affecting aircraft and aerodrome operations shall be provided

in order to take appropriate action, particularly in respect of the following—

(1) construction or maintenance work;

(2) rough or broken surfaces on a runway, taxiway or an apron;

(3) water on a runway, a taxiway or an apron;

(4) drifts adjacent to a runway, a taxiway or an apron

(5) contaminants on a runway, taxiway or apron;

(6) other temporary hazards, including parked aircraft;


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(7) failure or irregular operation of part of all of the aerodrome visual aids; and

(8) failure of the normal or secondary power supply.

(c) To facilitate compliance with paragraphs (a) and (b), inspections of the movement area shall be carried out

each day at least once where the aerodrome code number is 1 or 2 and at least twice where the aerodrome

code number is 3 or 4.

(d) Personnel assessing and reporting runway surface conditions required in paragraph (2) shall be trained

and competent to meet criteria prescribe by the Authority.

(e) Whenever water is present on a runway, a description of the runway surface conditions, shall be made

available using the following terms—

(1) damp – the surface shows a change of colour due to moisture.

(2) wet – the surface is soaked but there is no stagnant water.

(3) standing water — for aeroplane performance purposes, a runway where more than 25 per cent of the

runway surface area (whether in isolated areas or not) within the required length and width being used

is covered by water more than 3 mm deep.

(f) Information that a runway or portion thereof may be slippery when wet shall be made available.

(g) Notification shall be given to aerodrome users when the friction level of a paved runway or portion thereof is

less than that prescribed by the Authority.

Note – Guidance on determining and expressing the minimum friction level of a runway is provided

in the Civil Aviation Technical Standards (Aerodromes).

10. DISABLED AIRCRAFT REMOVAL

(a) The telephone and fax number(s) of the officer of the aerodrome responsible for the coordination of

operations for the removal of an aircraft disabled on or adjacent to the movement area shall be made

available to aircraft operators.

(b) The operator shall provide information concerning the capability to remove an aircraft disabled on or

adjacent to the movement area.

Note – The capability to remove a disabled aircraft may be expressed in terms of the largest type of

aircraft which the aerodrome is equipped to remove.

11. RESCUE & FIRE FIGHTING

(a) Information concerning the level of protection provided for aircraft rescue and fire fighting purposes shall be

made available.

(b) The level of protection normally available at the aerodrome shall be expressed in terms of the category of

the rescue and fire fighting services and in accordance with the types and amounts of extinguishing agents

normally available at the aerodrome.

(c) An operator shall notify to the air traffic services unit and the Aeronautical Information Services significant

changes in the level of protection normally available at an aerodrome for rescue and fire fighting to enable

those units to provide the necessary information to arriving and departing aircraft and shall advise those

units when such a change has been corrected.

Note: A significant change in the level of protection is considered to be a change in the category of

the rescue and fire fighting service from the category normally available at the aerodrome, resulting

from a change in availability of extinguishing agents, equipment to deliver the agents or personnel to

operate the equipment, etc. A report of a significant change should include the new category of the

rescue and fire fighting service available at the aerodrome.


959


Page 26-71 of 76

12. VISUAL APPROACH SLOPE INDICATOR SYSTEMS

(a) An operator shall provide information concerning the status of the visual approach slope indicator system

installed at the aerodrome including—

(1) associated runway designation number;

(2) type of system for an AT-VASIS, PAPI or APAPI installation, the side of the runway on which the lights

are installed, i.e. left or right, shall be given;

(3) where the axis of the system is not parallel to the runway centre line, the angle of displacement and

the direction of displacement, i.e. left or right shall be indicated;

(4) nominal approach slope angle(s). (For a T-VASIS or an ATVASIS this shall be angle θ and for a

PAPI and an APAPI this shall be angle (B+C)/2 and (A+B)/2, respectively); and

(5) minimum edge height(s) over the threshold of the on-slope signal(s).

(i) For a T-VASIS or an AT- VASIS this shall be the lowest height at which only the wing bar(s) are

visible; however, the additional heights at which the wing bar(s) plus one, two or three fly down

light units come into view may also be reported if such information would be of benefit of aircraft

using the approach.

(ii) For a PAPI, this shall be the setting angle of the third unit from the runway minus 2’, i.e. angle B

minus 2’, and for an APAPI this shall be the setting angle of the unit farther from the runway

minus 2’, i.e. angle A minus 2’.

(b) Coordination between the operator and the Aeronautical Information Services.

(c) To ensure that the Aeronautical Information Services obtain information to enable them to provide up-to-

date pre-flight information and to meet the need for in-flight information, the operator shall establish

arrangements with the Aeronautical Information Services to report, with a minimum of delay—

(1) information on aerodrome conditions;

(2) the operational status of associated facilities, services and navigation aids within their area of

responsibility;

(3) any other information considered to be of operational significance.

(d) Before introducing changes to the air navigation system, due account shall be taken by the operator of the

time needed by the Aeronautical Information Services for the preparation, production and issue of relevant

material for promulgation. To ensure timely provision of information to the Aeronautical Information

Services, close coordination between those services concerned is therefore required.

(e) Of a particular importance are changes to aeronautical information that affects charts and/or computer-

based navigation systems which qualify to be notified by the aeronautical information regulation and control

system. The pre-determined internationally agreed aeronautical information regulation and control effective

dates in addition to fourteen days postage time shall be observed by the responsible operator when

submitting the raw information/data to the Aeronautical Information Services.

(f) The operator responsible for the provision of raw aeronautical information/data to the Aeronautical

Information Services shall do that while taking into account specified accuracy and integrity requirements

for aeronautical data.

APPENDIX 1 TO 26.715 FINES FOR BREACH OF REGULATIONS IN AGERODROME DEPARMENT

SECTION PARTICULARS FINES (RWANDAN FRANCS)

INDIVIDUAL CORPORATE

26.20 Requirements for application for an aerodrome construction permit

1,000,000 3,000,0000

26.30 Design & construction of aerodromes 3,000,000 5,000,000


960


Page 26-72 of 76

26.65 Breach of conditions of licence & non-conformance with the licensing requirements

1,000,000 2,500,000

26.70 Aerodrome operator licence 1,000,000 2,500,000

26.75 Validity of licence 500,000

1,500,000

26.80 Renewal of licence

500,000 1,500,000

26.95 Surrender of licence

500,000 1,500,000

26.110 Notification & furnishing of information 500,000 1,500,000

26.135 Breach of conditions of certificate & non-conformance with the certification requirements

2,000,000

5,000,000

26.140 Validity of certificate

1,000,000 2,500,000

26.145 Renewal of certificate

500,000 1,500,000

26.160 Surrender of certificate

500,000 1,500,000

26.175 Transfer of an aerodrome certificate

500,000 1,500,000

26.180 Interim aerodrome certificate

500,000 1,500,000

26.190 Compliance with conditions & prescribed standards

1,500,000

3,000,000

26.195 Competence of operational & maintenance personnel

500,000 1,000,000

26.200 Aerodrome operations & maintenance 1,000,000 1,500,000

26.205 Failure to comply with requirement for aerodrome operator’s safety management system.

1,500,000 2,500,000

26.210 Failure to comply with storage of inflammable & other dangerous goods

1,500,000 2,500,000

26.215 Failure to comply with the requirement for safety measures against fire

500,000 1,000,000

26.220 Failure to comply with the requirement for access to the aerodrome

1,000,000

2,000,000

26.225 Failure to comply with the requirement for entry into or exit from restricted areas of aerodrome

1,000,000 2,000,000

26.230 Failure to comply with the requirement for the test-running of aircraft engine

2,000,000 3,000,000

26.235 Failure to comply with the requirement for certain acts prohibited on aerodrome

1,000,000 1,500,000


961


Page 26-73 of 76

26.240 Failure to comply with the requirement for removal of obstructions from the aerodrome surface

500,000 1,500,000

26.245 Failure to comply with the requirement for maintenance of environment management programme.

1,000,000 1,500,000

26.250 Failure to comply with the requirement for protection of navigation aids

1,000,000

3,000,000

26.255 Failure to comply with the requirement for responsibilities of operator

1,000,000 1,500,000

26.260 Failure to comply with the requirement for inspection of aerodromes & unhindered access by inspectors of the authority

1,500,000 2,500,000

26.265 Failure to comply with the requirement for notifying & reporting

1,000,000 1,500,000

26.270 Failure to comply with the requirement for aerodrome movement area inspections

1,000,000

1,500,000

26.275 Failure to comply with the requirement for special inspections

1,000,000 1,500,000

26.280 Failure to comply with the requirement for warning notices

1,000,000 1,500,000

26.281 Failure to comply with the requirement for removal of obstructions from the aerodrome surface

1,000,000 1,500,000

26.290 Requirements for aerodrome manual 1,000,000 1,500,000

26.300 Amendment of aerodrome manual 1,500,000 2,000,000

26.305 Location of the aerodrome manual 500,000 1,000,000

26.315 Animals not allowed in restricted areas of aerodrome

1,500,000 2,000,000

26.320 Wildlife hazard management 1,000,000 1,500,000

26.325 Wildlife hazard reduction at aerodrome 1,000,000 1,500,000

26.330 National committee on wildlife hazard management

1,000,000 1,500,000

26.340 Erection of obstacles 1,000,000 2,000,000

26.345 Establishment of obstacle limitation surfaces

1,000,000 2,000,000


962


Page 26-74 of 76

26.350 Authorisation to construct within the vicinity of an aerodrome

1,500,000 2,500,000

26.360 marking & lighting of obstacle

26.370 Establishment & maintenance of aeronautical ground lights

1,500,000 2,500,000

26.375 Secondary power supply 1,500,000 2,500,000

26.380 Aeronautical beacons 1,000,000 1,500,000

26.390 Wind direction indicators 1,000,000 1,500,000

26.395 Signaling lamp 1,000,000 1,500,000

26.400 Signal panel & signaling area 1,000,000 1,500,000

26.405 Markings 1,500,000 2,500,000

26.410 VOR aerodrome checkpoint marking 1,000,000 1,500,000

26.415 Aircraft stand markings 1,000,000 1,500,000

26.420 Apron safety lines 1,000,000 1,500,000

26.425 Road-holding positions 1,000,000 1,500,000

26.430 Mandatory instruction markings & signs 1,000,000 1,500,000

26.435 Information marking 1,000,000 1,500,000

26.440 Visual aids for denoting obstacles 1,000,000 1,500,000

26.445 Obstacles to be marked or lighted 1,000,000 1,500,000

26.450 Visual aids for denoting restricted areas 1,000,000 1,500,000

26..455 Landing direction indicator 1,000,000 1,500,000

26.460 Lights 1,000,000 1,500,000


963


Page 26-75 of 76

26.465 Markers 1,000,000 1,500,000

26.480 Supply of aviation fuel to aircraft 1,500,000

3,000,000

26.485 Aerodrome emergency planning 1,500,000 3,000,000

26.490 Emergency planning committee 1,000,0000 1,500,000

26.495 Aerodrome emergency exercise 1,5000,000 3,000,000

26.500 Emergency operation centre & command post

1,500,000 3,000,000

26.505 Emergencies in difficult environment 1,000,000 1,500,000

26.510 Aerodrome rescue & fire fighting services 3,000,000 5,000,000

26.515 Removal of disabled aircraft 2,000,000 4,000,000

26.520 Apron management service 500,000 1,500,000

26.525 Ground servicing of aircraft 500,000 1,500,000

26.530 Aerodrome vehicle operation 500,000 1,500,000

26.535 Location, construction & installation of equipment on operational areas

500,000 1,500,000

26.540 Fencing of aerodromes & installations 500,000 1,500,000

26.545 Maintenance of safety inspection programme

500,000 1,500,000

26.550 Maintenance of fire prevention programme

500,000 1,500,000

26.555 Access of ground vehicles to aerodrome movement area

500,000 1,500,000

26.565 Maintenance programme 1,000,000 1,500,000

26.570 Maintenance of movement & adjacent areas

1,000,000 1,500,000

26.575 Preventive maintenance of visual aids 1,000,000 1,500,000


964


Page 26-76 of 76

26.580 Construction or maintenance activity during low visibility operations

1,000,000 1,500,000

26.585 Works at aerodromes 1,000,000 1,500,000

26.595 Electrical power supply systems for air navigation services & facilities

1,500,000 3,000,000

26.605 Availability of information 1,000,000 1,500,000

26.610 Action required for occurrences of operational significance other than those involving electronic aids and communication facilities

1,500,000 2,000,000

26.615 Action required for occurrences that affect electronic aids & communication facilities

1,500,000 2,000,000

26.620 Aeronautical data reporting 2,000,000 3,000,000

26.630 Application for exemption 1,000,000 2,500,000

26.655 Change of address of a licence or certificate holder

1,000,000 2,000,000

26.660 Use & retention of licences, certificates & records

1,000,000 2,000,000

26.665 Replacement of documents 1,000,000 2,000,000

26.675 Conditions for operating an aerodrome 2,000,000 4,000,000

26.680 Standards for physical characteristics 2,000,000 4,000,000

26.690 Lighting of en-route obstacles 1,000,000 2,000,000

26.705 Deviations from standards 1,000,000 2,000,000

26.715 Obligation to insure an aerodrome 1,000,000 2,000,000

End of RCAR Part 26


965






Order no04/CAB.M/018 of 24/07/2018





l'aviation civile


(sé)

GATETE Claver


Kigali, on 24/07/2018

(sé)

GATETE Claver


Kigali, le 24/07/2018

(sé)

GATETE Claver



Repubulika:

(sé)

BUSINGYE Johnston



Republic:

(sé)

BUSINGYE Johnston



(sé)



966




No04/CAB.M/018 OF 24/07/2018


REGULATIONS


No04/CAB.M/018 DU 24/07/2018


L'AVIATION CIVILE


967


Page 27-1 of 35

Part 27

Unmanned Aircraft Systems

SUBPART A: GENERAL ------------------------------------------------------------------------------------------------ 4

27.001 CITATION & APPLICABILITY .............................................................................................. 4

27.005 DEFINITIONS ...................................................................................................................... 4

27.010 ACRONYMS AND ABBREVIATIONS................................................................................... 8

SUBPART B: CLASSIFICATION AND REGISTRATION OF UAS ------------------------------------------- 9

27.015 CATEGORIZATION AND CLASSIFICATION OF UAS (EQUIPMENT) AND OPERATIONS

(ACTIVITY) ...................................................................................................................................... 9

27.020 OWNERSHIP OF UAS IN RWANDA .................................................................................. 10

27.025 DECLARATION OF UAS ON ARRIVAL AT THE AIRPORT/BORDER ............................... 10

27.030 MANUFACTURE, ASSEMBLY & TESTING OF UAS ......................................................... 10

27.035 REGISTRATION OF UAS .................................................................................................. 10

27.040 DISPLAY OF REGISTRATION MARKS ............................................................................. 11

27.045 UAS REGISTER ................................................................................................................ 11

27.050 DE-REGISTRATION OF UAS ............................................................................................ 12

27.055 IDENTIFICATION PLATE................................................................................................... 12

27.060 AIRWORTHINESS OF UAS ............................................................................................... 12

27.065 MAINTENANCE & INSPECTION ....................................................................................... 12 27.070 INSPECTION, TESTING & DEMONSTRATION OF COMPLIANCE .................................. 12

27.075 REPORTING OF UAS INCIDENTS AND ACCIDENTS ...................................................... 12

27.080 IMPORT AND EXPORT OF UAS ....................................................................................... 13

SUBPART C: OPERATION OF UAS --------------------------------------------------------------------------------- 13

27.085 GENERAL OBLIGATION OF UAS OWNER AND OPERATOR.......................................... 13

27.090 AUTHORIZATION OF UAS ACTIVITIES ............................................................................ 14

27.095 PREFLIGHT FAMILIARIZATION, INSPECTION AND ACTIONS FOR UAS OPERATION . 14

27.100 OPERATION OF UAS IN PROHIBITED OR RESTRICTED AREAS .................................. 15

27.105 CARRIAGE OF DANGEROUS GOODS ............................................................................. 15

27.110 HAZARDOUS/RECKLESS OPERATION ........................................................................... 15

27.115 OPERATION IN CONTROLLED AIRSPACE ...................................................................... 15


968


Page 27- 2 of 35

27.120 MEDICAL CONDITION, CONSUMPTION OF ALCOHOL & DRUGS ................................. 15

27.125 INTERNATIONAL RPAS OPERATION .............................................................................. 16

27.130 CANCELLATION, SUSPENSION OR VARIATION OF AUTHORIZATION ......................... 16

27.135 NOTIFICATION TO THE LOCAL AUTHORITIES ............................................................... 16

27.140 EMERGENCIES AND CONTINGENCIES .......................................................................... 16

27.145 COMMAND AND CONTROL ............................................................................................. 16

27.150 ISSUANCE OF AUTHORIZATION/OPERATOR CERTIFICATE ........................................ 16

27.155 OPERATION IN THE VICINITY OF AERODROMES ......................................................... 17

27.160 UAS COMMUNICATION FREQUENCIES ......................................................................... 17

27.165 RESPONSIBILITY OF THE REMOTE PILOT ..................................................................... 17

27.170 OPERATIONS MANUAL .................................................................................................... 17

SUBPART D: BASIC OPERATIONS OF UAS FOR PRIVATE, SPORT AND RECREATION -------- 18

27.175 PRIVATE UAS OPERATIONS ........................................................................................... 18

27.180 TRAINING FOR PRIVATE UAS OPERATIONS ................................................................. 18

27.185 RECREATIONAL AND SPORTS UAS OPERATIONS ....................................................... 18

27.190 TRAINING REQUIREMENTS FOR RECREATIONAL AND SPORTS UAS OPERATIONS 18

27.195 BASIC UAS OPERATING LIMITATIONS ........................................................................... 18

27.200 DAYLIGHT OPERATION ................................................................................................... 19

27.205 VISUAL LINE-OF-SIGHT (VLOS) AIRCRAFT OPERATION .............................................. 19

SUBPART E: SPECIFIC OPERATIONS ---------------------------------------------------------------------------- 19

27.210 FLIGHT PLAN .................................................................................................................... 19

27.215 OPERATION NEAR AIRCRAFT; RIGHT-OF WAY RULES ................................................ 19

27.220 OPERATION IN CONGESTED AREAS & OVER PEOPLE ................................................ 20

27.225 OPERATION IN CONTROLLED AIRSPACE ...................................................................... 20

27.230 ATC COMMUNICATION .................................................................................................... 20

27.235 OPERATIONS AT AN AERODROME ................................................................................ 20

SUBPART F: COMPLEX COMMERCIAL OPERATIONS ------------------------------------------------------ 20

27.240 UOC COMPLIANCE ........................................................................................................... 20

27.245 UAS OPERATOR CERTIFICATE (UOC) ........................................................................... 21

27.250 APPLICATION FOR UAS OPERATOR CERTIFICATE ...................................................... 21

27.255 ISSUANCE OF UOC .......................................................................................................... 21

27.260 VALIDITY AND RENEWAL OF UAS OPERATOR CERTIFICATE ..................................... 22

27.265 AMENDMENTS OF UAS OPERATOR CERTIFICATE ....................................................... 22 27.270 CONDUCTING SURVEILLANCE, TESTS AND INSPECTIONS ........................................ 22

27.275 PERSONNEL REQUIRED FOR UAS COMMERCIAL OPERATIONS ................................ 22

27.280 AUTHORIZATION FOR COMMERCIAL UAS OPERATIONS ............................................ 22

27.285 CERTIFICATION OF UAS PILOTS / INSTRUCTORS ........................................................ 22


969


Page 27 - 3 of 35

27.290 ELIGIBILITY REQUIREMENTS FOR A REMOTE PILOT CERTIFICATE/LICENSE .......... 23

27.295 VALIDITY OF UAS PILOTS CERTIFICATE/LICENSE ....................................................... 23

27.300 TRAINING REQUIREMENTS FOR COMMERCIAL UAS OPERATIONS ........................... 23

27.305 INSTRUMENTS AND EQUIPMENT REQUIREMENTS ..................................................... 23

27.310 ISSUANCE OF A REMOTE PILOT LICENSE WITH A UAS RATING ................................ 23

27.315 RESPONSIBILITY OF THE REMOTE PILOT ..................................................................... 23

27.320 AERONAUTICAL KNOWLEDGE RECENCY ..................................................................... 24

27.325 KNOWLEDGE TESTS: GENERAL PROCEDURES AND PASSING GRADES .................. 24

27.330 INITIAL & RECURRENT KNOWLEDGE TESTS ................................................................ 24

27.335 UAS OPERATION BEYOND VISUAL LINE-OF-SIGHT (BVLOS) ...................................... 25

27.340 HIGHLY AUTOMATED UAS OPERATIONS ...................................................................... 26

SUBPART G: SECURITY REQUIREMENTS FOR UAS OPERATIONS ------------------------------------ 26

27.345 SECURITY VETTING FOR REMOTE PILOTS OR THE OWNER ...................................... 26

27.350 SECURITY PROGRAMME REQUIREMENTS ................................................................... 26

27.355 SECURITY OBLIGATIONS FOR UAS OPERATORS ........................................................ 27

27.360 ACTS OF UNLAWFUL INTERFERENCE ........................................................................... 27

27.365 UNMANNED AIRCRAFT SYSTEM OPERATOR OR OWNER’S SECURITY MEASURES 27

SUBPART H: GENERAL PROVISIONS----------------------------------------------------------------------------- 27

27.370 RECORDS ......................................................................................................................... 27

27.375 INSURANCE ...................................................................................................................... 28

27.380 PRIVACY OF PERSONS AND PROPERTY ...................................................................... 28

27.385 DISCHARGING OR DROPPING GOODS .......................................................................... 28

27.390 REPORTS OF VIOLATION ................................................................................................ 28

APPENDICES -------------------------------------------------------------------------------------------------------------- 29

APPENDIX 1 TO 27.015- PERMIT AND LICENSING FLOW CHART FOR NON-TOY UAS .......... 29

APPENDIX 1 TO 27.170: UAS OPERATIONS MANUAL ............................................................... 29

APPENDIX 1 TO 27.185: OPERATIONAL GUIDELINES FOR UAS CLUBS ................................. 31

APPENDIX 1 TO 27.290: ELIGIBILITY REQUIREMENTS FOR A REMOTE PILOT

CERTIFICATE/LICENSE ------------------------------------------------------------------------------------------------ 32



970


Page 27- 4 of 35

SUBPART A: GENERAL


(a) These Regulations are cited as Civil Aviation (Unmanned Aircraft Systems (UAS)) Regulations.

(b) This Part prescribes the requirements of Rwanda regarding the operations or piloting of unmanned aircraft

systems of any size, whether generically termed as aircraft, balloons, drones, vehicles or models.

(c) This Part is applicable to all persons operating unmanned and/or remotely piloted unmanned aircraft systems of

any size in the airspace of Rwanda over land or water.

(d) This Part is specifically applicable to the following—

(1) Unmanned aircraft systems;

(2) Unmanned aerial vehicles;

(3) Drones;

(4) Unmanned balloons, whether tethered or free-flight;

(5) Radio controlled model aircraft;

(6) Free flight model aircraft (whether launched by hand, catapult or rocket cartridge);

(7) Control line model aircraft;

(8) Model rockets;

(9) Kites;

(10) Small free flight toys; and

(11) Any other unmanned aircraft system that is not yet identified in this Section.

(e) Civil Aviation Technical Standards (Unmanned Aircraft Systems) published by the Authority shall also be

applicable to the operations of unmanned aircraft systems in Rwanda.

27.005 DEFINITIONS

(a) The following definitions are used in this Part— Note: Additional definitions are provided in Part 1, Appendix 1 to 1.015.

Accident: An occurrence associated with the operation of any aircraft, including UAS, which, in the case of a

manned aircraft, takes place between the time any person boards the aircraft with the intention of flight

until such time as all such persons have disembarked, or in the case of an unmanned aircraft, takes place

between the time the aircraft is ready to move with the purpose of flight until such time as it comes to rest

at the end of the flight and the primary propulsion system is shut down, in which—

(i) a person is fatally or seriously injured as a result of—

(A) being in the aircraft, or

(B) direct contact with any part of the aircraft, including parts which have become detached from

the aircraft, or

(C) direct exposure to jet blast, except when the injuries are from natural causes, self-inflicted or

inflicted by other persons, or when the injuries are to stowaways hiding outside the areas

normally available to the passengers and crew; or

(ii) the aircraft sustains damage or structural failure which—

(A) adversely affects the structural strength, performance or flight characteristics of the aircraft, and

(B) would normally require major repair or replacement of the affected component, except for engine

failure or damage, when the damage is limited to single engine, including its cowlings or

accessories, to propellers, wing tips, antennas, probes, vanes, tires, brakes, wheels, fairings,

panels, landing gear doors, windscreens, the aircraft skin, such as small dents or puncture holes,


971


Page 27 - 5 of 35

or for minor damages to main rotor blades, tail rotor blades, landing gear, and those resulting

from hail or bird strike (including holes in the radome); or

(iii) the aircraft is missing or is completely inaccessible.

Aerodrome: A defined area on land or water, including any buildings, installations and equipment intended to be

used either wholly or in part for the arrival, departure and surface movement of aircraft.

Aircraft: Any machine that can derive support in the atmosphere from the reactions of the air other than the

reactions of the air against the earth’s surface.

Air traffic: All aircraft in flight or operating on the maneuvering area of an aerodrome.

Air traffic control clearance: Authorization for an aircraft to proceed under conditions specified by an air traffic control

unit.

Note 1. — For convenience, the term “air traffic control clearance” is frequently abbreviated to “clearance” when used

in appropriate contexts.

Note 2. — The abbreviated term “clearance” may be prefixed by the words “taxi”, “take-off”, “departure”,

“enroute”, “approach” or “landing” to indicate the particular portion of flight to which the air traffic control

clearance relates.

Appropriate authority—

(i) Regarding flight over the high seas: the relevant authority of the State of Registry.

(ii) Regarding flight other than over the high seas: the relevant authority of the State having sovereignty over

the territory being overflown.

Authority: The Rwanda Civil Aviation Authority;

Authorization: The formal permission granted to an applicant, from the Authority, allowing particular operations with

limitations commensurate with the combined operational and system risk.

Automatic Dependent Surveillance – Broadcast (ADS-B): One method by which aircraft, aerodrome vehicles

and other objects can automatically transmit and/or receive data such as identification, position and

additional data, as appropriate, in a broadcast mode via a data link.

Basic operations: Operations that are likely to fall under the lowest risk categories and likely require only registration of

the UAS in addition to set restrictions for private use.

Beyond Visual-Line-of-Sight: Unmanned aircraft operations in which the remote pilot does not have to keep the

unmanned aircraft within visual-line-of-sight at all times.

Command and Control (C2) link: The data link between the unmanned aircraft and the remote pilot station for

the purposes of managing the flight.

Commercial operation of UAS: Any UAS operations for hire, profit, gain, remuneration or earnings.

Conspicuity: Quality of an aircraft (e.g. lighting or paint scheme) allowing it to be easily seen or noticed by others (e.g.

by pilots, ATCOs, aerodrome personnel).

Continuing airworthiness: The set of processes by which an aircraft, engine, propeller or part complies with

the applicable airworthiness requirements and remains in a condition for safe operation throughout its

operating life.

Control area: A controlled airspace extending upwards from a specified limit above the earth.

Controlled airspace: Airspace of defined dimensions within which air traffic control service is provided in accordance

with the airspace classification.

Note 3. — Controlled airspace is a generic term which covers ATS airspace Classes A, B, C, D and E as

described in Annex 11, 2.6.

Controlled flight: Any flight which is subject to an air traffic control clearance.

Control zone: Controlled airspace extending upwards from the surface of the earth to a specified upper limit. Data link

communications: Form of communication intended for the exchange of messages via a data link.

Detect and avoid: The capability to see, sense or detect conflicting traffic or other hazards and take the appropriate

action.


972


Page 27- 6 of 35

Fatigue: A physiological state of reduced mental or physical performance capability resulting from sleep loss or

extended wakefulness, circadian phase, or workload (mental or physical activity) that can impair a crew member’s

alertness and ability to safely operate an aircraft or perform safety- related duties.

Flight plan: Specified information provided to air traffic services units, relative to an intended flight or portion of a flight

of an aircraft.

Flight recorder: Any type of recorder installed in the aircraft for the purpose of complementing accident/ incident

investigation. In the case of unmanned aircraft system, it also includes any type of recorder installed in a remote

pilot station for the purpose of complementing accident/incident investigation.

Flight time: The total time from the moment an aircraft first moves for the purpose of taking off until the moment it finally

comes to rest at the end of the flight.

Note 4. — Flight time as here defined is synonymous with the term “block to block” time or “chock to chock” time

in general usage which is measured from the time an aircraft first moves for the purpose of taking off until it finally

stops at the end of the flight.

Flight visibility: The visibility forward from the cockpit of an aircraft in flight.

Geographical limitation: A restricted airspace volume defined through electronic map data.

Geofencing: Automatic function to limit the access of the UA to airspace areas or volumes provided as geographical

limitations based on the UA position and navigation data.

Guidance Material (GM): Non-binding material developed by the Authority that helps to illustrate the meaning of a

requirement or specification and is used to support the interpretation of the Regulation, Standard Scenarios, and

outlines additional Acceptable Means of Compliance.

Highly automated aircraft: An unmanned aircraft that does allow minimal pilot(s)’ intervention in the management of the

flight.

Highly automated operation: An operation during which an unmanned aircraft system is operating with minimal pilot

intervention in the management of the flight.

Human performance: Human capabilities and limitations which have an impact on the safety and efficiency of

aeronautical operations.

Incident: An occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect

the safety of operation.

Note 5. — The types of incidents which are of interest for safety-related studies include the incidents listed in

Annex 13, Attachment C.

Instrument Meteorological Conditions (IMC): meteorological conditions expressed in terms of visibility, distance from

cloud, and ceiling, less than the minima specified for visual meteorological conditions.

Landing area: That part of a movement area intended for the landing or take-off of aircraft.

Maintenance: The performance of tasks required to ensure the continuing airworthiness of an aircraft, including any

one or combination of overhaul, inspection, replacement, defect rectification and the embodiment of a

modification or repair.

Maintenance organization’s procedures manual: A document which details the maintenance organization’s structure

and management responsibilities, scope of work, description of facilities, maintenance procedures, and quality

assurance, or inspection systems. This document is normally endorsed by the head of the maintenance

organization.

Maintenance program: A document which describes the specific scheduled maintenance tasks and their

frequency of completion and related procedures, such as a reliability program, necessary for the safe

operation of those aircraft to which it applies.

Maneuvering area: That part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, excluding aprons.

Movement area: That part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, consisting of the

maneuvering area and the apron(s).

Operational control: The exercise of authority over the initiation, continuation, diversion or termination of a flight in

the interest of the safety of the aircraft and the regularity and efficiency of the flight.


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Operations manual: a manual containing procedures, instructions and guidance for use by operational personnel in the

execution of their duties.

Operation specification: the Authorization, conditions and limitations within the UAS operator’s certificate and

subject to the conditions in the operation manual.

Operator: a person, organization or enterprise engaged in or offering to engage in an aircraft operation.

Private operation of UAS. UAS operation by individual or organization, for the recreational purposes and not

intended for any commercial use.

Note 6. - In the context of unmanned aircraft system, refer to the UAS definition

Remote crew member: A crew member responsible of any duty essential to the operation of an unmanned aircraft

system during a flight duty period.

Remote flight crew member: a licensed crew member responsible of any duty essential to the operation of an

unmanned aircraft system during a flight duty period.

Remote pilot: a person given responsibility by the operator of any duty essential to the operation of an unmanned aircraft

system and who manipulates the flight controls, as appropriate, during flight time.

Remote pilot-in-command: the remote pilot designated by the operator as being in command and is responsible for the

safe conduct of a flight.

Remote pilot station. the component of the unmanned aircraft system containing the equipment used to pilot the

unmanned aircraft.

Unmanned Aircraft (UA): an aircraft where the pilot is not on board the aircraft.

Unmanned Aircraft System (UAS): a set of configurable elements consisting of a remotely-piloted aircraft, its

associated remote pilot station(s), the required command and control links and any other system elements

as may be required, at any point during flight operation.

Unmanned Aircraft System operating manual: A manual containing normal, abnormal and emergency

procedures, checklists, limitations, performance information, details of the UAS and each associated

UAS model and other material relevant to the operation of the unmanned aircraft system.

Note 7. — The unmanned aircraft system operating manual is part of the operations manual.

Risk mitigation: The process of incorporating defenses or preventive controls to lower the severity and/or

likelihood of a hazard’s projected consequence in an effort to meet safety performance, “Target Levels of

Safety,” necessary for flight operations.

Rotorcraft: A power-driven heavier-than-air aircraft supported in flight by the reactions of the air on one or more rotors.

UAS Operator Certificate (UOC): A certificate authorizing an operator to carry out specified UAS operations.

Safety: The state in which risks associated with aviation activities, related to, or in direct support of the operation of

aircraft, are reduced and controlled to an acceptable level.

Safety Management System (SMS): systematic approach to managing safety, including the necessary organizational

structures, accountabilities, policies and procedures.

Safety performance indicator: Data-based safety parameter used for monitoring and assessing safety performance.

Safety risk: The predicted probability and severity of the consequences or outcomes of a hazard.

Segregated airspace: Airspace of specified dimensions allocated for exclusive use to a specific user(s).

Standard Scenario: A description of a type of operation included in a certification specification issued by the Authority,

for which an operational risk assessment has been conducted and mitigations identified that can be applied to a

variety of applicants in satisfying Target Levels of Safety for approval.

State of Design: The State having jurisdiction over the organization responsible for the type design.

State of Manufacture: The State having jurisdiction over the organization responsible for the final assembly of the

aircraft.

State of Registry: The State on whose register the aircraft is entered.

State of the Operator: The State in which the operator’s principal place of business is located or, if there is no such

place of business, the operator’s permanent residence.


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Target Level of Safety (TLS): A generic term representing the level of risk which is considered acceptable in particular

circumstances.

Testing Site: A specific geographical location designated by the Authority for UAS testing and flight operations,

managed by the Rwandan government or delegated entity such as a UAS Club.

Toy aircraft: Any unmanned aircraft that is under 100 grams maximum takeoff weight including payload and used for

recreational purposes only

Type certificate: A document issued by a Contracting State to define the design of an aircraft type and to certify that

this design meets the appropriate airworthiness requirements of that State.

Note 8. – Many unmanned aircraft systems (UAS) do not have, and according to current standards, are not able to

be certificated. It is up to the operator to provide the proper mitigations to risk that enable higher risk operations in

lieu of more robust and reliable system certification and to use industry best practice standards when available to

achieve Alternate Means of Compliance (AMOC).

Unmanned free balloon: Non-power-driven, unmanned, lighter-than-air aircraft in free flight.

Unmanned Aircraft (UA) observer: A trained and competent person designated by the operator who, by visual

observation of the unmanned aircraft system, assists the remote pilot in the safe conduct of the flight.

Unmanned Aircraft System: An aircraft and its associated elements which are operated with no pilot on board.

VFR flight: Flight conducted in accordance with the visual flight rules.

Visibility: For aeronautical purposes is the greater of—

(i) the greatest distance at which a black object of suitable dimensions, situated near the ground, can be seen

and recognized when observed against a bright background;

(ii) The greatest distance at which lights in the vicinity of 1 000 candelas can be seen and identified against an

unlit background.

Note 9. - The two distances have different values in air of a given extinction coefficient, and the latter (i) varies

with the background illumination. The former (i) is represented by the meteorological optical range (MOR).

Note 10. - The definition applies to the observations of visibility in local routine and special reports, to the

observations of prevailing and minimum visibility reported in the aerodrome routine meteorological report

(METAR) and aerodrome special meteorological report (SPECI) and to the observations of ground visibility.

Visual Line-of-Sight (VLOS) operation: An operation in which the remote crew maintains direct unaided visual

contact with the unmanned aircraft system to manage its flight

Visual Meteorological Conditions (VMC): Meteorological conditions expressed in terms of visibility, distance from

clouds, and ceiling, equal to or better than specified minima.

27.010 ACRONYMS AND ABBREVIATIONS

The following acronyms and abbreviations are used in this Part— Note: Additional acronyms and abbreviations are provided in Part 1, Appendix 1 to 1.020.

GM = Guidance Material

IMC = Instrument Meteorological Conditions

MOR = Meteorological Optical Range

UOC = UAS Operator Certificate

SMS = Safety Management System

TLS = Target Level of Safety

UA = Unmanned Aircraft

UAS = Unmanned Aircraft System

VFR = Visual Flight Rules

VLOS = Visual Line-of-Sight

VMC = Visual Meteorological Conditions

SSR=Secondary Surveillance Radar

ATC= Air Traffic Control

RPAS= Remotely Piloted Aircraft System


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SUBPART B: CLASSIFICATION AND REGISTRATION OF UAS

27.015 CATEGORIZATION AND CLASSIFICATION OF UAS (EQUIPMENT) AND OPERATIONS (ACTIVITY)

(a) A classification of UAS separate from their intended operations is impossible without clear certification and airworthiness

standards, and therefore until such time that these become available,

(1) UAS classification must consider both the intended operation and proposed system.

(2) In addition to these three general classifications, the Authority reserves the right to require additional

mitigations commensurate with the perceived risk to air and ground populations in the interest of safety and/or

security.

(3) Class 1 – Basic Operations: A category of UAS operation that, considering the risk involved, does not require

a prior Authorization by the Authority before the operation takes place.

(i) Operational requirements fitting the Basic Operation category are identified in Subpart D “Basic Operations”

of this regulation.

(ii) These are considered the lowest risk operations for UAS and will not be considered for any commercial

UAS flights.

(4) Class 2 – Specific Operations: A category of UAS operation that, considering the risk involved, requires an

Authorization by the Authority before the operation takes place and takes into account the mitigation

measures identified by an operational risk assessment, except for certain standard scenarios where a

declaration by the operator is sufficient.

(i) Operational requirements for this category can be found in Subpart E “Specific Operations” of this

regulation.

(ii) These operations are considered acceptable only upon approval of a risk assessment and risk mitigation

plan as described in the issued Authorization granted by the Authority.

(iii) Specific categories fit UAS operations that are either for commercial UAS operations and limited in risk

exposure on the ground or in the air, or larger more complex aircraft for private testing and flight operations.

(5) Class 3 – Complex Operations: A category of UAS operation that, considering the risks involved 43 requires

extensive performance review and reliability testing, a licensed remote pilot, a UAS operator certificate (UAS);

and approval by the Authority(Authorization) with specifically required risk mitigations to operate as described.

(i) This category of operation may also require additional system certification such as type

certifications.

(ii) Operational requirements for this category can be found in Subpart F “Complex Operations” of this

regulation.

(iii) Complex Operations categorization provides the opportunity for highly robust UAS to operate in

Authority controlled airspace where other operations would not be allowed for lack of system

performance, reliability, and certification.

(b) As an applicant seeks approval for UAS operations from the Authority, they can look to these three categories

for guidance and what will be required of them.

Appendix 1 to 27.015 illustrates of permit and licensing flow chart for non-toy UAS

(1) It is recommended that an applicant identifies what elements of the operation do not meet with the “Basic

Category.”

(2) These identified operational differences will be the focus of the risk assessment processes to be

considered in the Specific or Complex categories.


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(3) As an applicant’s intended operation is characterized by higher risk elements, more significant training,

licensing, permissions, system reliability, and equipage will be required.

(c) The Subparts in this regulation relating to the categories (Subparts D, E and F) outline and identify

requirements that characterize that classification of operation.

(d) The Authority reserves the right to amend or require operational changes at any time.

UAS Operation Licensing and Permission Categories

Toys Basic Specific Complex

None 1. Registration

2. Notification to the Authority

1. Registration 2. Authority Authorization 3. Pilot License

1. Registration 2. Authority Authorization 3. Pilot License 4. UAS Operator Certification

(e) An applicant seeking operations beyond those limitations identified in Subpart D “Basic Operations” must

provide operational risk assessment as described by the Authority in support of an Authorization. As risk

increases, the complexity of the assessment will include operational considerations identified in Subpart E

Specific Operations and Subpart Complex Operations.

27.020 OWNERSHIP OF UAS IN RWANDA

(a) A person shall be eligible to own a UAS if they are—

(1) A Rwandan citizen of minimum age of eighteen (18) years.

(2) A resident of Rwanda of minimum age of eighteen (18) years.

(3) A company registered in Rwanda.

(4) An institution of the government of Rwanda.

(b) A person who wishes to change ownership of a UAS shall notify the Authority in writing seven days before the

change.

(c) A person shall not own, register or operate UAS with military specifications.

27.025 DECLARATION OF UAS ON ARRIVAL AT THE AIRPORT/BORDER

(a) A person shall declare his/her unregistered UAS to Airport security or security officer at the border post

upon arrival.

(b) A person who intends to bring a UAS into the country shall notify the Airport security on arrival and obtain

a seizure form. The owner of UAS brings the form to the Authority for the UAS pickup after registration process

is completed.

(c) A person who has already registered his/her aircraft prior to arrival must present all documentation to Airport

security or security officer at the border post to confirm the aircraft is adequately registered and marked.

27.030 MANUFACTURE, ASSEMBLY & TESTING OF UAS

(a) Any person intending to manufacture, assemble or test a UAS, or a component thereof, shall register the

aircraft or component with the Authority and issue notification to the Authority prior to any flight. He/she is

subject to necessary security clearance by relevant/competent security agencies.

Applications will be submitted through www.caa.gov.rw/uas.

(b) Areas of operation may be designated by the Authority as “Testing Sites” where any person manufacturing,

assembling, or testing a UAS, or a component thereof, may fly any registered aircraft or component without

an Authorization.

27.035 REGISTRATION OF UAS

(a) A person shall not operate an unmanned aircraft system within Rwanda unless the unmanned aircraft system has been

registered by the Authority and a certificate of registration is issued to its owner in accordance with these regulations;


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(b) An unmanned aircraft system acquires Rwandan nationality when registered under these Regulations;

(c) An unmanned aircraft system is eligible for registration if it is owned by—

(1) any Rwanda Government institution except if classified as state aircraft;

(2) an individual legally residing in Rwanda or a Rwandan citizen;

(3) any company registered in Rwanda;

(d) The owner of a UAS applies to the Authority by sending the following items—

(1) an application form to provide information about the remotely aircraft system and contact information for the UAS

owner;

(2) evidence of ownership (such as a bill of sale); and

(3) the registration fee as determined by the Authority.

(e) If the applicant meets the registration requirements, the Authority registers the UAS by assigning a registration number

(“9XR-….”) and issues a certificate of registration to the owner;

(f) The Authority establishes and maintains a UAS register containing the information specified in Section

27.045,

(g) If a UAS is leased or is the subject of a lease, charter or hire purchase agreement to a person qualified under paragraph

(c), the Authority temporarily registers the UAS in the names of the parties to the charter or hire purchase agreement

for the duration of the lease, charter or hire-purchase agreement.

(h) The certificate of registration shall not be transferable.

(i) An operator or owner of a UAS shall be subjected to security vetting from competent security vetting agencies.

(j) Any significant modification, that affects flight characteristics, to the specifications of registered UAS shall be subject to

clearance by the authority.

(k) Not prejudice to the paragraph (a) and (i), an applicant with foreign registered UAS intending to fly UAS in Rwanda, will

not require Rwandan registration mark.

(l) A foreign applicant shall fly in Rwandan airspace only if the following are fulfilled—

(1) presenting all required documents as proof of having gone through registration process applicable in their home

country (and recognized by the Authority) or registration in a global and accessible database;

(2) when Authorization is issued by the Authority as required;

27.040 DISPLAY OF REGISTRATION MARKS

(a) The owner of the unmanned aircraft system shall display Authority-issued registration marks prominently on the

unmanned aircraft system;

(b) The registration marks shall be displayed in the largest practicable manner.

27.045 UAS REGISTER

(a) The Authority shall establish and maintain a remotely piloted register containing the following particulars-

(1) the number of the certificate;

(2) the registration mark assigned to unmanned aircraft system by the Authority;

(3) the name of the manufacturer and the manufacturer's designation of the unmanned aircraft system;

(4) the serial number of the unmanned aircraft system;

(5) the name and address of the owner

(6) the use or conditions with regard to which unmanned aircraft system is registered.

(7) entry date,

(8) registration/deregistration date


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(9) inspector’s signature

27.050 DE-REGISTRATION OF UAS

(a) The Authority may de-register or cancel the registration of a UAS under the following circumstances—

(1) upon application of the UAS owner for purposes of registering the UAS with another Authority;

(2) upon destruction of the UAS or its permanent withdrawal from use; or

(3) in the interest of National Security

27.055 IDENTIFICATION PLATE

(a) UAS flying BVLOS must carry an easily identified inscription with its registration mark and be made of fire resistant

material or placed far from any combustible material such as batteries;

(b) The identification inscription must be commensurate with the size of the UAS and affixed conspicuously to the exterior

of the unmanned aircraft system.

27.060 AIRWORTHINESS OF UAS

(a) Unmanned aircraft systems owner or operator shall ensure that all its components are in working order and in

accordance with the manufacturers’ user manual.

(b) For the “Specific” and “Complex” risk categories of UAS operation, the Authority shall require UAS operations to meet a

standards level of performance to be determined by the authority and commensurate with the risk of the operation.

(c) No airworthiness type certification shall be required for unmanned aircraft system operations that are subject to these

Regulations;

(d) Without prejudice to paragraph (c), no person shall operate an unmanned aircraft system unless it is in a condition for

safe operation. This condition may be determined during the preflight check required under Section 27.095 of these

Regulations;

(e) The remote pilot must discontinue the flight when he/she knows or has reason to know that continuing the flight would

pose a hazard to other aircraft, people, or property.

27.065 MAINTENANCE & INSPECTION

(a) A remote pilot or the owner of an unmanned aircraft system must—

(1) maintain the unmanned aircraft system in a condition for safe operation; and

(2) inspect the unmanned aircraft system prior to flight to determine that the system is in a condition for safe operation;

(3) keep a log of all the checks performed before each flight operation. These logs should then be consulted in case

of a minor incident or a serious accident.

27.070 INSPECTION, TESTING & DEMONSTRATION OF COMPLIANCE

(a) A remote pilot, or an owner of an unmanned aircraft system, must upon request, make available to the

Authority—

(1) the remote pilot license with an unmanned aircraft system rating;

(2) the certificate of registration for the unmanned aircraft system being operated; and

(3) any other document, record, or report required to be kept by a remote pilot or owner of an unmanned aircraft system

under these Regulations

(b) The remote pilot, or owner of an unmanned aircraft system must, upon request, allow the Authority to make any test or

inspection of the unmanned aircraft system, the remote pilot, and, to determine compliance with these Regulations.

27.075 REPORTING OF UAS INCIDENTS AND ACCIDENTS

(a) A remote pilot must, immediately but not later than 24 hours, report to the Authority any operation of the unmanned

aircraft system that involves the following accident—

(1) any fatal or serious injury to any person; or


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(2) damage to any property, other than the unmanned aircraft system, in an amount greater than 120,000 Rwandan

Francs.

(b) UAS operator shall ensure that all eligible incidents and accidents involving UAS are reported to the Authority in

accordance with Rwanda Civil Aviation Safety Management requirements.

27.080 IMPORT AND EXPORT OF UAS

(a) A person shall not import a UAS or a component thereof without a permit issued by the Authority subject to necessary

security clearance by the competent security agencies.

(b) A person who intends to export a Rwandan registered UAS shall notify the Authority in writing attached to the

registration certificate issued and obtain a de-registration certificate prior transportation.

SUBPART C: OPERATION OF UAS

27.085 GENERAL OBLIGATION OF UAS OWNER AND OPERATOR

(a) The UAS operator shall be responsible for the safe conduct of its operations.

(b) The UAS operator shall comply with all requirements established by the Authority regarding its operation.

(c) The UAS operator shall be responsible for contracted services from providers (e.g. communications service providers),

as necessary, to carry out its operations.

(d) Responsibility for operational control shall rest with the registered owner or operator of the UAS.

(e) The UAS owner or operator shall ensure that it is registered in accordance with the provisions of these regulations.

(f) Unless otherwise specified by the Authority the request for Authorization for operation shall include the following—

(1) name and contact information of the operator;

(2) UAS characteristics including type of aircraft, maximum certificated take-off mass, number of engines and wing

span;

(3) copy of certificate of registration;

(4) aircraft identification to be used in radiotelephony, if applicable;

(5) copy of all approvals related to aircraft airworthiness;

(6) copy of the UAS operator certificate;

(7) copy of the remote pilot license;

(8) copy of the aircraft radio station license, if applicable;

(9) description of the intended operation such as to include type of operation or purpose, flight rules, mode of separation

from air and ground obstacles, date of intended flight, point of departure, destination, cruising speed, cruising level,

route to be followed, duration/frequency of flight;

(10) take-off and landing requirements and procedures;

(11) UAS performance characteristics, including—

(i) operating speeds;

(ii) typical and maximum climb rates;

(iii) typical and maximum descent rates;

(iv) typical and maximum turn rates;

(v) other relevant performance data including limitations regarding wind, icing, precipitation; and

(vi) maximum unmanned aircraft endurance;

(12) communications, navigation and surveillance capabilities;

(i) aeronautical safety communications frequencies and equipment, including—

(ii) ATC communications, including any alternate means of communication;


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(iii) command and control links (C2) including performance parameters and designated operational coverage area;

(iv) communications between remote pilot and UA observer, if applicable;

(v) navigation equipment; and

(vi) surveillance equipment, such as SSR transponder, ADS-B;

(13) detect and avoid capabilities;

(14) emergency procedures, including but not limited to—

(i) communications failure with ATC;

(ii) C2 failure; and

(iii) UAS pilot/UA observer communications failure, if applicable;

(15) number and location of remote pilot stations as well as handover procedures between remote pilot stations, if applicable;

(16) document attesting noise certification, if applicable;

(17) confirmation of compliance with the Civil Aviation (Security) Regulations found on www.caa.gov.rw/uas.

(18) payload information/description; and

(19) proof of adequate insurance coverage commensurate to the risk of the operation.

(g) Where documents identified in paragraph (f) above are issued in another language other than English, the UAS operator shall ensure that an English translation is included.

(h) The UAS shall meet the performance and equipment carriage requirements for the specific airspace in which the flight is to operate.

27.090 AUTHORIZATION OF UAS ACTIVITIES

(a) A person shall not operate a UAS in Rwanda, except in accordance with this regulation and given Authorization by the

Authority.

(b) UAS operations shall be authorized in accordance with the category of use, for purposes of—

(1) Private Use: No additional Authorization other than notification to the authority is required if operating within the

constraints of Subpart D (Basic Operations);

(2) Recreation and Sports: Authorization shall be through registered clubs established in accordance with the

provisions of Subpart D of these regulations;

(3) Commercial UAS Operations: Authorization shall be issued in accordance with the provisions of Subpart E and F

of these regulations.

(c) The Authority may grant upon application a temporary Authorization(s) to person(s) intending to operate

UAS not registered in Rwanda—

(1) For a period of fourteen (14) days’ renewable once when the reason for renewal is genuine;

(2) Such application shall be submitted to the Authority and processed within four (4) weeks.

27.095 PREFLIGHT FAMILIARIZATION, INSPECTION AND ACTIONS FOR UAS OPERATION

(a) Prior to flight, the remote pilot must—

(1) assess the operating environment, considering risks to persons and property in the immediate vicinity, both on the

surface and in the air. This assessment must include—

(i) local weather conditions;

(ii) local airspace and any flight restrictions;

(iii) the location of persons and property on the surface; and (iv) other ground hazards.

(2) ensure that all persons involved in the operation of the unmanned aircraft system receive a briefing that includes

operating conditions, emergency procedures, contingency procedures, roles and responsibilities, and potential

hazards;

(3) ensure that all links between ground station and the unmanned aircraft system are working properly; and


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(4) if the unmanned aircraft system is powered, ensure that there is enough available power for the unmanned aircraft

system to operate for the intended operational time and to operate after that for at least five minutes.

(b) Each person involved in the operation must perform the duties assigned by the remote pilot.

27.100 OPERATION OF UAS IN PROHIBITED OR RESTRICTED AREAS

(a) A person shall not operate a UAS—

(1) in or around a prohibited or a restricted area, the particulars of which have been duly published in the Rwanda

Aeronautical Information Publication, except in accordance with the conditions of the restrictions or by permission

granted by the Authority;

(2) in or around Strategic Installations, Radar Sites, high tension cables and Communication Masts, highways,

stadiums, Prisons, Police Stations, Military barracks, Courts of Law, Scenes of Crime, except in accordance with

the conditions of the restrictions or by permission granted by the Authority through an Authorization.

27.105 CARRIAGE OF DANGEROUS GOODS

(a) A person shall not take or cause to be taken on board a UAS or deliver or cause to be delivered for loading thereon any

goods which that person knows or has reasonable cause to know to be dangerous goods unless authorized by the

Authority to do so.

(b) Dangerous goods are defined as—

(1) chemical and/or Biological substances;

(2) nuclear material;

(3) explosives;

(4) arms, ammunition and munitions of war;

(5) corrosive substances;

(6) radioactive elements;

(7) volatile liquids;

(8) highly flammable liquids;

(9) aerosol sprays;

(10) illicit or unauthorized drugs;

(11) Any such materials and/or substances that may from time to time be so classified by the Authority.

27.110 HAZARDOUS/RECKLESS OPERATION

(a) No person shall—

(1) operate a unmanned aircraft system in a careless or reckless manner so as to unduly endanger the life or property

of another; or

(2) allow an object to be dropped from an unmanned aircraft system if such action would endanger the life or property

of another.

27.115 OPERATION IN CONTROLLED AIRSPACE

(a) An unmanned aircraft system shall not operate in a controlled airspace unless the operator has prior

Authorization from the appropriate Authority to operate in such airspace;

(b) An unmanned aircraft system must only operate outside any aerodrome control zone (CTR);

(c) Any person conducting unmanned aircraft system operations must ensure that the appropriate air traffic service unit(s)

is advised immediately anytime the flight of an unmanned aircraft system inadvertently enters into controlled airspace.

27.120 MEDICAL CONDITION, CONSUMPTION OF ALCOHOL & DRUGS

(a) No person shall act as a remote pilot/observer if he or she knows or has reason to know that he/she has a physical or

mental condition that would interfere with the safe operation of an unmanned aircraft system.

(b) No UAS pilot or observer shall—


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(1) consume alcohol less than 8 hours prior to reporting for duty;

(2) commence a duty period while the concentration of alcohol in any specimen of blood taken from any part of his or

her body is more than 0.04 grams per 100 milliliters;

(3) consume alcohol or any psychoactive substance during the duty period or whilst on standby for duty; or

(4) commence duty period/operate UAS while under the influence of alcohol or any psychoactive substance having a

narcotic effect and put operation to safety risk.

27.125 INTERNATIONAL RPAS OPERATION

(a) A person shall not conduct a RPAS flight commencing at a place within Rwanda and terminating at a place outside

Rwanda without Authorization from the State of destination or any other State over whose airspace the RPAS shall fly.

(b) A person shall not conduct a RPAS flight commencing at a place outside Rwanda and terminating at a place within

Rwanda or over-flying the Rwanda airspace without Authorization from the Authority.

27.130 CANCELLATION, SUSPENSION OR VARIATION OF AUTHORIZATION

(a) Notwithstanding the provisions of Section 27.090, the Authority may, in the interest of safety and national security,

cancel, suspend or vary any Authorization granted under these regulations.

27.135 NOTIFICATION TO THE LOCAL AUTHORITIES

(a) No unmanned aircraft system shall be launched or recovered from any public or private property without Authorization;

(b) After reception of Authorization from the Authority, the remote pilot or the owner must notify appropriate authorities (local

authorities and police), as well as inform people around the area, know before starting the operations.

(c) If the flight is to be performed near to any aerodrome or aircraft operating site procedures for notification of the intended

operation should be provided to air traffic services unit in the area prior to take-off and file flight plan as prescribed in

Section 27.165.

(d) All UAS operations shall always be notified to local/security authorities in the area of the intended operation to avoid

interruption or concerns from the public.

27.140 EMERGENCIES AND CONTINGENCIES

(a) UAS operators shall develop and implement emergency and contingency procedures acceptable to the Authority.

27.145 COMMAND AND CONTROL

(a) A UAS owner or operator shall ensure that he or she has command and/or control of the UAS at all times during the

flight.

(b) Any UAS owner or operator who loses command and/or control of his UAS must report to the Authority immediately.

27.150 ISSUANCE OF AUTHORIZATION/OPERATOR CERTIFICATE

(a) A person shall not operate an unmanned aircraft system within Rwanda unless an Authorization is granted by RCAA

when required.

(b) The Authority may issue an Authorization for a single activity or a block of repeated activities to be carried out by an

unmanned aircraft at a specific area of operation, and which are of specific operational profiles and conditions.

(c) A UAS Operator Certificate (UOC) is granted by RCAA if the applicant is able to ensure safe operation of unmanned

aircraft, taking into account the applicant’s organizational set-up, competency of the personnel especially those flying

the unmanned aircraft, procedures to manage safety including the conduct of safety risk assessments, the airworthiness

of the aircraft system, training and security programs in place.

(d) Applications for UAS Operator Certificate or Authorization will be assessed on a case-by-case basis.

The average processing time is 4 weeks for an Authorization and 8 weeks for an UAS Operator Certificate after

submission, presuming all required documents are submitted.

(e) Authorization applications and documents to be provided in the form and manner prescribed by the Authority.


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27.155 OPERATION IN THE VICINITY OF AERODROMES

(a) Except with the written permission of the operator of an aerodrome, the appropriate ANSP and approval from the

Authority; a person shall not operate a—

(1) toy aircraft within three (3) Km of an aerodrome from the aerodrome reference point for code C, D, E, and F

aerodromes.

(2) UAS not defined as toy, within ten (10) Km of an aerodrome from the aerodrome reference point for code C, D, E

and F aerodromes;

(3) UAS not defined as a toy, Within seven (7) Km of an aerodrome from the aerodrome reference point for code A

and B aerodromes;

(4) UAS on approach and take-off paths;

(5) UAS within the vicinity of navigation aids;

(6) UAS within the aerodrome traffic zone;

(7) UAS within terminal traffic holding patterns.

27.160 UAS COMMUNICATION FREQUENCIES

(a) Communication between remote pilot and ATC shall be on established Radio frequencies used in aeronautical radio

frequency spectrum.

(b) The UAS operator shall seek radio license from Rwanda Utilities Regulatory Agency (RURA) prior to operating any radio

for communication.

(c) Communication between remote pilot and ATC for operations considered as basic category for UAS, Subpart D of this

Regulation, will require notification to the RCAA.

27.165 RESPONSIBILITY OF THE REMOTE PILOT

(a) The remote pilot is directly responsible for, and is the final authority as to the operation of the unmanned aircraft system.

(b) The remote pilot must ensure that the unmanned aircraft system will pose no undue hazard to other aircraft, people, or

property in the event of a loss of control of the unmanned aircraft system for any reason.

27.170 OPERATIONS MANUAL

(a) A UAS operator shall develop and submit to the Authority for approval an operation manual as set out in the Appendix

1 to 27.170 to these regulations.

(b) An operations manual shall include each item set forth in this Appendix which is applicable to the specific operation,

unless otherwise approved by the Authority.

(c) The holder of UOC establishes a safety management system commensurate with the size of the organization or entity

and the complexity of its operations

(d) The safety management system shall include—

(1) lines of responsibility and accountability;

(2) safety policy;

(3) identification of aviation safety hazards encountered by the activities of the operator, assessment and mitigation of

the associated risks, including taking actions and verifying their effectiveness;

(4) a process to identify actual and potential safety hazards and assess the associated risks;

(5) a process to develop and implement remedial action necessary to maintain an acceptable level of safety;

(6) provision for continuous and regular assessment of the appropriateness and effectiveness of safety management

activities.

(e) The holder of UOC establishes a system of record-keeping that allows adequate storage and reliable traceability of all

activities conducted;

(f) The format of the records is specified in the UOC holder’s operations manual;


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(g) Records are stored for at least 5 years in a manner that ensures protection from damage, alteration and theft.

SUBPART D: BASIC OPERATIONS OF UAS FOR PRIVATE, SPORT AND

RECREATION

27.175 PRIVATE UAS OPERATIONS

(a) A person operates UAS for private purposes only after registering the UAS with the Authority, and is subject to the

conditions contained in Section 27.195.

27.180 TRAINING FOR PRIVATE UAS OPERATIONS

(a) The UAS pilots will be trained in accordance with training requirements provided and approved by the authority.

27.185 RECREATIONAL AND SPORTS UAS OPERATIONS

(a) UAS operations for recreation and sports purposes shall be conducted within registered clubs which are

approved by the Authority as set out in the Appendix 1 to 27.185 of these regulations. Such recognition shall be valid for twelve (12) months.

(b) The Authority shall develop a system for approval of clubs including requirements for composition,

documentation and club rules and regulations.

(c) The clubs referred to in paragraph (a) shall provide the Authority with details of their operation areas and times

for approval.

(d) The Authority shall segregate and notify through the applicable element of the Aeronautical Information

Publication (AIP) of such airspaces designated for use by UAS operators, including limitations that may apply.

27.190 TRAINING REQUIREMENTS FOR RECREATIONAL AND SPORTS UAS OPERATIONS

(a) Clubs referred to in Section 27.185 herein shall prescribe minimum training requirements for UAS operation under

the club.

(b) Training requirements referred to in paragraph (a) above shall be documented and submitted to the Authority for

acceptance.

27.195 BASIC UAS OPERATING LIMITATIONS

(a) A remote pilot must comply with all of the following operating limitations when operating an unmanned aircraft

system under the Basic Classification of UAS operations—

(1) the airspeed of the unmanned aircraft system shall not exceed 87 knots (100 miles per hour) calibrated

airspeed at full power in level flight;

(2) the maximum take-off weight of a UAS under the Basic Classification shall be 5 kg.

(3) a person shall not operate a UAS at a height of 400 feet (120 meters) Above Ground Level and a lateral

distance of 100 m away from any person, vessel, vehicle or structure which is not under the control of the

person in charge of the UAS except when approved by the Authority.

(4) the lateral distance between the unmanned aircraft system and the remote pilot shall be in such a way that

the remote pilot will maintain continuous visual contact with the unmanned aircraft system;

(5) the unmanned aircraft system shall not be flown over or within any congested area of a city, town or

settlement unless approved by the Authority;

(6) the minimum flight visibility, as observed from the location of the ground control station must be no less than

3 statute miles (5 kilometers); and

(7) the minimum distance of the unmanned aircraft system from clouds must be no less than—

(i) 500 feet (150 meters) below the cloud; and

(ii) 2,000 feet (600 meters) horizontally away from the cloud.


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(8) notwithstanding the provisions of paragraph (a)(3), operations for private and commercial categories of UAS may

be conducted at such higher heights and lateral distances as the Authority may approve.

(i) A person shall not operate a UAS—

(ii) In conditions other than Visual Meteorological Conditions (VMC);

(iii) At night unless specifically cleared by the Authority on a case by case basis.

(9) operating UAS fitted with cameras and/or imaging devices at heights or lateral distances where such cameras

and/or imaging devices capture information, pictures or videos extending beyond the prescribed area of approved

operation is prohibited.

(10) UAS will not be operated in controlled airspace under this category.

27.200 DAYLIGHT OPERATION

(a) All operations of an unmanned aircraft system under basic regulations must be between the hours of official sunrise

and sunset.

(b) Night operations are not permitted under these regulations, except by approval under the “Specific” classification of

operations.

27.205 VISUAL LINE-OF-SIGHT (VLOS) AIRCRAFT OPERATION

(a) The remote pilot operating must maintain continuous unaided visual contact with the unmanned aircraft system sufficient

to be able to—

(1) maintain operational control of the unmanned aircraft system,

(2) know the unmanned aircraft system’s location;

(3) determine the unmanned aircraft system’s attitude, altitude, and direction;

(4) observe the airspace for other air traffic or hazards; and

(5) determine that the unmanned aircraft system does not endanger the life or property of another.

Note 11. - The use of a trained UA Observer may satisfy this condition for VLOS aircraft operation.

SUBPART E: SPECIFIC OPERATIONS

27.210 FLIGHT PLAN

(a) All UAS flights flown under Subpart E or F shall file flight plans as specified in the conditions here under—

(1) flights in controlled airspace shall file flight plans as prescribed for in the Aeronautical Information Publication (AIP).

(2) flights in uncontrolled air space shall file flight plans as follows—

(i) operations within 5 kilometers out of launch area to notify the nearest ATC and fulfil Section

27.195;

(ii) operations beyond 5 Km out of launch shall file flight plans as stipulated in paragraph (a) above and fulfil

Section 27.195.

(3) while filing a Flight Plan, UAS operator shall abide by the appropriate regulations.

(b) The UAS operator shall share any UAS flight data with the authority when required.

(c) Data related to UAS flight shall be recorded, stored and retrievable as and when required by the Authority for

investigation.

27.215 OPERATION NEAR AIRCRAFT; RIGHT-OF WAY RULES

(a) A remote pilot must maintain awareness so as to see and avoid other aircraft and vehicles and must yield the

right-of-way to all aircraft and vehicles;

(1) in order to maintain awareness so as to see other aircraft and vehicles, the remote pilot must, at each point

of the unmanned aircraft system’s flight, satisfy the criteria specified in Section 27.120;


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(2) yielding the right-of-way means that the unmanned aircraft system must give way to the aircraft or vehicle

and may not pass over, under, or ahead of it unless well clear.

(b) No person may operate an unmanned aircraft system so close to another aircraft as to create a collision hazard.

27.220 OPERATION IN CONGESTED AREAS & OVER PEOPLE

(a) A person shall not operate a UAS at lateral distance of less than 100 meters from any person or an open-air

assembly/crowd of persons, building structure, vehicle, vessel or animal not associated with the operations of

UAS unless otherwise authorized by the Authority.

(b) Subject to paragraph (a) above vertical limits shall be less than 100 feet AGL except when approved by the

Authority.

27.225 OPERATION IN CONTROLLED AIRSPACE

(a) An unmanned aircraft system shall not operate in a controlled airspace unless the operator has prior

Authorization from the appropriate authority to operate in such airspace;

(b) An unmanned aircraft system must only operate outside any aerodrome control zone (CTR);

(c) Any person conducting unmanned aircraft system operations must ensure that the appropriate air traffic service

unit(s) is advised immediately anytime the flight of an unmanned aircraft system inadvertently enters into

controlled airspace

27.230 ATC COMMUNICATION

(a) UAS pilots shall ensure that ATC is made aware of any operations that shall take place in areas which are likely

to affect manned and controlled air traffic.

27.235 OPERATIONS AT AN AERODROME

(a) The Authority may upon approval of UAS operation at an aerodrome—

(1) impose operating restrictions on the approval in the interest of safety;

(2) publish details of the approval in the appropriate element of the Aeronautical Information Publication (AIP);

(3) revoke or change the conditions that apply to such approval and publish details of any revocation or change

in conditions in the appropriate element of the AIP.

SUBPART F: COMPLEX COMMERCIAL OPERATIONS

27.240 UOC COMPLIANCE

(a) An operator shall not engage in commercial UAS operations unless the operator holds a valid UAS Operator’s

Certificate (UOC) issued by the Authority.

(b) The UOC referred to in paragraph (a) shall enable the operator to conduct UAS operations in accordance with

the conditions and limitations detailed in the operations specifications attached to the UOC.

(c) The issuance of an UOC by the Authority is dependent upon the UAS operator demonstrating an adequate

organization, method of control and supervision of flight operations, training program as well as ground handling

and maintenance arrangements consistent with the nature and extent of the operations specified and

commensurate with the size, structure and complexity of the organization.

(d) A commercial UAS operator shall establish and implements a safety management system (SMS) in accordance

with their operational requirements established under the Civil Aviation Law or any other regulations made there

under.


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27.245 UAS OPERATOR CERTIFICATE (UOC)

(a) An operator or owner of unmanned aircraft system shall have a UOC issued in accordance with these Regulations.

(b) The issuance of UOC by the Authority shall be dependent upon the unmanned aircraft system operator demonstrating

method of control and supervision of flight operations and training consistent with the nature and extent of the operations

specified.

(c) Application for UOC shall be sent to the Authority—

(1) on a form and manner prescribed by the Authority; and

(2) containing any other information the Authority requires the applicant to submit.

(3) accompanied by proof of payment of 400,000 francs for UOC issuance.

(d) The Authority shall issue UOC to an applicant if that applicant—

(1) has its principal place of business and it is registered in Rwanda;

(2) meets the requirements of these Regulations;

(3) has qualified remote pilots to safely operate the unmanned aircraft system; and

(4) has met any other requirements as specified by the Authority.

(e) The UOC shall contain at least the following—

(1) the issuing authority;

(2) the UOC number and its expiration date;

(3) the unmanned aircraft system operator name, trading name (if different) and address of the principal place of

business;

(4) the date of issue and the name, signature and title of the authority representative;

(5) the location where the contact details of operational management can be found;

(6) the description of the types of operations authorized;

(7) the type(s) or model(s) of the unmanned aircraft system authorized for use; and

(8) the authorized areas of operation.

(f) An UOC shall be valid for a period of 12 months

(g) The continued validity of UOC shall depend upon the unmanned aircraft system operator maintaining the requirements

of paragraph (b) and (c) under the supervision of the Authority.

27.250 APPLICATION FOR UAS OPERATOR CERTIFICATE

(a) An operator applying to the Authority for a UAS Operator Certificate (UOC) shall submit an application in a form

and manner prescribed by the Authority and containing any other information the Authority may require.

(b) An applicant shall make the application for an initial issue or reissue of UOC at least two weeks before the date of

the intended operation.

27.255 ISSUANCE OF UOC

(a) The Authority may issue UAS Operator Certificate (UOC) to an applicant if that applicant—

(1) meets the requirements of ownership stipulated in Section 27.020

(2) meets the applicable regulations and standards for the holder of a UOC;

(3) is properly qualified and adequately staffed and equipped to conduct safe operations in commercial operations of

the UAS;

(4) has an approved aircraft operator security program in accordance with the Civil Aviation (Security) Regulations,

and meets any other requirements as specified by the Authority.


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27.260 VALIDITY AND RENEWAL OF UAS OPERATOR CERTIFICATE

(a) A UAS Operator Certificate (UOC) issued by the Authority shall be valid for 12 months from the date of issue or renewal

unless—

(1) a shorter period is specified by the Authority;

(2) the Authority amends, suspends, revokes or otherwise terminates the certificate;

(3) an UOC holder surrenders it to the Authority;

(4) the UOC holder notifies the Authority of the suspension of operations.

(b) An UOC which is suspended or revoked shall be returned to the Authority.

(c) An applicant for an UOC which has expired shall make an initial application.

27.265 AMENDMENTS OF UAS OPERATOR CERTIFICATE

(a) The Authority may amend a UAS operator certificate (UOC) if the—

(1) Authority determines that the amendment is necessary for the safety of commercial UAS operations.

(2) UOC holder applies for an amendment and the authority determines that the amendment is necessary.

(3) The amendment is in the interests of national security.

(b) The UOC holder shall operate in accordance with the amendment unless it is subsequently withdrawn.

27.270 CONDUCTING SURVEILLANCE, TESTS AND INSPECTIONS

(a) The Authority shall conduct surveillance, inspections and tests on the UAS operator certificate (UOC) holder to ensure

continued eligibility to hold an UOC and associated approvals.

27.275 PERSONNEL REQUIRED FOR UAS COMMERCIAL OPERATIONS

(a) UAS operator shall have an accountable manager acceptable to the authority, with corporate authority for ensuring that

all necessary resources are available to support activities as mentioned in the UOC specifications.

(b) The accountable manager shall have sufficient qualified and competent personnel for the planned tasks and activities

to be performed in accordance with the applicable requirements.

(c) A UAS operator should establish initial and recurrent training to ensure continuing competence of its personnel.

27.280 AUTHORIZATION FOR COMMERCIAL UAS OPERATIONS

(a) UOC holder shall not undertake commercial operations of UAS except with Authorization issued by the Authority.

(b) Authorization referred to in paragraph (a) shall be specific to particular operations.

27.285 CERTIFICATION OF UAS PILOTS / INSTRUCTORS

(a) A person shall not operate a UAS, for commercial or private purposes, without a valid Certificate/License issued by the

authority in accordance with these regulations.

(b) An applicant for UAS Pilots License referred in paragraph (a) above shall—

(1) be at least 18 years old;

(2) hold a current Class 3 medical certificate;

(3) demonstrate English language proficiency at least level 4;

(4) demonstrate basic knowledge of radio telephony phraseologies;

(5) have completed remote pilot training in a training organization approved by the Authority;

(6) have passed a knowledge and skill test;

(7) proof of identity;

(8) criminal record certificate (Casier judiciaire).

(c) Where applicable, UAS Pilot shall hold an appropriate rating for the type of operations they will perform including—

(1) type rating;

(2) instrument rating;


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(3) night rating;

(d) where applicable UAS Instructor shall hold an appropriate rating for the type of operations they will perform including—

(1) type rating;

(2) instrument rating;

(3) night flying rating;

(4) instructor rating.

(e) UAS pilots/instructors for commercial operations shall be certified by the Authority in accordance with the Appendix 1 to

27.300 to these regulations.

27.290 ELIGIBILITY REQUIREMENTS FOR A REMOTE PILOT CERTIFICATE/LICENSE

(a) A person shall not act as a remote pilot unless that person holds—

(1) a remote pilot certificate;

(2) a rating for the specific UAS type or is operating under the supervision of a rated remote pilot for the

purpose of qualifying for the rating;

(3) the required knowledge for the type of UAS;

(4) a current Class 3 medical certificate.

(b) A person undergoing training to qualify for a remote pilot certificate or rating shall not—

(1) act as solo remote pilot of an UAS unless under the supervision of, or with the authority of, an authorized UAS

instructor;

(2) form a part of the crew of a commercial UAS flight.

27.295 VALIDITY OF UAS PILOTS CERTIFICATE/LICENSE

(a) The UAS pilots Certificate/license shall be valid subject to validity of the holder’s medical certificate.

27.300 TRAINING REQUIREMENTS FOR COMMERCIAL UAS OPERATIONS

(a) The UAS pilots shall be trained in accordance with training requirements in Appendix 1 to 27.300.

27.305 INSTRUMENTS AND EQUIPMENT REQUIREMENTS

(a) The Authority shall prescribe instrument requirements for UAS operators for specific operations depending on—

(1) the category of the UAS

(2) type of operations

(3) special authorizations sought

27.310 ISSUANCE OF A REMOTE PILOT LICENSE WITH A UAS RATING

(a) An applicant for a remote pilot license with an unmanned aircraft system rating under these Regulations must make the

application in a form and manner acceptable to the Authority.

(b) The application must include—

(1) a knowledge test report showing that the applicant passed an initial aeronautical knowledge test, or recurrent

aeronautical knowledge test; and

(2) a certification signed by the applicant stating that the applicant does not know or have reason to know that he or

she has a physical or mental condition that would interfere with the safe operation of a unmanned aircraft system;

(3) proof of payment of fifty thousand Rwandan francs (50,000Frw) for remote pilot license issuance.

(4) a copy of ID/passport plus one passport photo

(c) A remote pilot license is valid for a period of twenty four (24) months.

27.315 RESPONSIBILITY OF THE REMOTE PILOT

(a) The remote pilot is directly responsible for, and is the final authority as to the operation of the unmanned aircraft system.


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(b) The remote pilot must ensure that the unmanned aircraft system will pose no undue hazard to other aircraft, people, or

property in the event of a loss of control of the unmanned aircraft system for any reason.

27.320 AERONAUTICAL KNOWLEDGE RECENCY

(a) A person shall not operate an unmanned aircraft system unless that person has completed one of the following, within

the previous 24 calendar months—

(1) passed an initial aeronautical knowledge test covering the areas of knowledge specified in Section

27.325;

(2) passed a recurrent aeronautical knowledge test covering the areas of knowledge specified in Section

27.325(b).

27.325 KNOWLEDGE TESTS: GENERAL PROCEDURES AND PASSING GRADES

(a) Knowledge tests prescribed by or under these regulations is conducted by the Authority or by persons designated by

the Authority.

(b) An applicant for a knowledge test must have proper identification at the time of application that contains the applicant’s—

(1) photograph;

(2) signature;

(3) date of birth, which shows the applicant meets or will meet the age requirements of these Regulations for the

certificate sought before the expiration date of the applicant knowledge test report; and

(c) The minimum passing grade for the knowledge test and second chance exam sitting is 70% as specified by the Authority.

27.330 INITIAL & RECURRENT KNOWLEDGE TESTS

(a) An initial aeronautical knowledge test covers the following areas of knowledge—

(1) applicable regulations relating to unmanned aircraft system rating privileges, limitations, and flight operation;

(2) airspace classification and operating requirements, obstacle clearance requirements, and flight restrictions

affecting unmanned aircraft system operation;

(3) official sources of weather and effects of weather on unmanned aircraft system performance;

(4) unmanned aircraft system loading and performance;

(5) emergency procedures;

(6) crew resource management;

(7) radio communication procedures;

(8) determining the performance of unmanned aircraft system;

(9) physiological effects of drugs and alcohol;

(10) aeronautical decision-making and judgment; and

(11) airport operations.

(b) A recurrent aeronautical knowledge test covers the following areas of knowledge—

(1) applicable regulations relating to unmanned aircraft system rating privileges, limitations, and flight operation;

(2) airspace classification and operating requirements, obstacle clearance requirements, and flight restrictions

affecting unmanned aircraft system operation;

(3) official sources of weather;

(4) emergency procedures;

(5) crew resource management;

(6) aeronautical decision-making and judgment; and

(7) airport operations.


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27.335 UAS OPERATION BEYOND VISUAL LINE-OF-SIGHT (BVLOS)

(a) To conduct BVLOS operations, the operator shall obtain Authorization from the Authority after conducting operation

safety risk assessment.

(b) To conduct flights BVLOS of the remote pilot or UA observer, the remote pilot shall have a means to Detect and Avoid

traffic and all other hazards such as hazardous meteorological conditions, terrain and obstacles unless otherwise

approved by the appropriate authority.

(c) Prior to conducting a controlled BVLOS operation, coordination shall be effected with the ATC unit involved regarding—

(1) any operational performance limitations or restrictions unique to the UAS (e.g. unable to perform standard rate

turns);

(2) any preprogrammed lost C2 link flight profile or flight termination procedures; and

(3) direct telephone communication between the RPS and the ATC unit for contingency use, unless otherwise

approved by the ATC unit(s) involved.

(d) Communication between the Remote Pilot Station and the ATC unit(s) shall be as required for the class of airspace in

which operations occur and should utilize standard ATC communications equipment and procedures, unless otherwise

approved by the ATC unit involved.

(e) C2 link transaction time should be minimized so as not to inhibit the remote pilot’s ability to interface with the UAS

compared to that of a manned aircraft.

(f) UAS operating BVLOS shall only operate within Radio line of sight (RLOS). Operation beyond Radio line of sight shall

require special Authorization from the Authority after indicating all operational control functions and safety measures

associated to the type of operation.

(g) Remote Pilot Station for UAS operations BVLOS will be designed in such way to match the performance of the type of

C2 link (BRLOS/RLOS) with which they will be used.

(h) BVLOS operations shall be conducted only when the following conditions are met—

(1) the State of the Operator and the State in whose airspace the operation occurs have approved the operation;

(2) the UA remains in VMC throughout the flight; and

(3) a Detect And Avoid (DAA) capability or other mitigation is used to assure the UA remains well clear of

all other traffic; or

(4) the area is void of other traffic; or

(5) the operation occurs in specifically delimited or segregated airspace.

(i) Operations BVLOS over heavily populated areas or over open air assemblies of people shall require special

considerations such as the following—

(1) altitudes for safe operation;

(2) consequences of uncontrolled landing;

(3) obstructions;

(4) proximity to airports/emergency landing fields;

(5) local restrictions regarding UAS operations over heavily populated areas; and

(6) the emergency termination of a UA flight.

(j) Take-off launch of UAS BVLOS shall be operated from established aerodromes/UAS ports or from any other location

depending on operational requirements and system configuration, design and performance.

(k) Take-off/launch from aerodromes for BVLOS operations from established aerodromes may be approved after ensuring

that the safety of manned aircraft operations is not jeopardized, the remote pilot shall consider the following—

(1) regulations pertaining to UAS operations on or near an aerodrome;

(2) complexity and density of air traffic;


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(3) ground operations (e.g. taxiway width, condition, other ground traffic);

(4) C2 link continuity;

(5) payload considerations;

(6) wake turbulence;

(7) performance and capability related to take-off distance/run available and minimum obstruction climb requirements,

departure procedures and any flight restricting conditions associated with operations to or from the aerodrome; and

(8) availability of emergency recovery areas.

27.340 HIGHLY AUTOMATED UAS OPERATIONS

(a) Increasingly complex automated aircraft require extensive performance review, risk assessment, and testing.

(b) The entity conducting the automated unmanned aircraft operations is responsible for oversight of the operations,

including unmanned aircraft airworthiness and any operational requirements imposed by the government entity;

(c) Automated unmanned aircraft operations must comply with rules of air, as applicable to all aircraft in Rwanda Airspace;

(d) Approval of highly automated UAS operations must be done in consultation with the Chairperson of the National Civil

Aviation Security Committee (NCASC) who will issue a Certificate of Authorization for a specific period of time that

permits an entity to operate an automated aircraft, in a particular area;

(e) The NCASC shall prescribe security conditions and limitations for highly automated unmanned aircraft operations to

ensure they do not jeopardize national security.

SUBPART G: SECURITY REQUIREMENTS FOR UAS OPERATIONS

27.345 SECURITY VETTING FOR REMOTE PILOTS OR THE OWNER

(a) On receipt of an application for a remote pilot license or registration of unmanned aircraft system, the Authority verifies

compliance and the accuracy of the application and provides the applicant’s information to competent security agencies

for security vetting prior to certificate issuance;

(b) The Authority only issues pilot licenses and/or UAS Operator Certificate (UOC)s to individuals who have successfully

completed a security threat assessment conducted by the competent security agencies;

(c) The security threat assessment consists of a check of intelligence-related databases, including Interpol and international

databases, terrorist watch lists, and other sources relevant to determining whether an individual poses or may pose a

threat to national security, and that confirms the individual's identity;

(d) If the competent security agencies determine that the applicant poses a security risk, the Authority denies the application

for a certificate;

(e) A holder of a remote pilot license or the certificate of registration who will be determined to pose a security risk must

have his/her certificate amended, modified, suspend, or revoke (as appropriate) based on the competent security

agencies’ security findings;

(f) The competent security agencies conducts background and criminal record checks every 24 months on all personnel

employed in the deployment, handling, and storage of unmanned aircraft system.

27.350 SECURITY PROGRAMME REQUIREMENTS

(a) A person or a club shall not operate a UAS without operator security procedures developed in accordance with the

provisions of the Civil Aviation (Security) Regulations and accepted by the Authority.

(b) A UAS operator shall specify the security measures, procedures and practices to be followed by the operator to protect

pilots and facilities from acts of unlawful interference.

(c) A UAS operator shall carry out and maintain security measures including identification and resolution of suspicious

activity that may pose a threat to civil aviation—

(1) at a remote pilot station;

(2) on an UAS; and


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(3) at any facility under the control of the UAS operations.

(d) UAS shall be subject to security inspection at any time during its operations without prior notification to the operator,

(e) The specific security measures referred to in paragraph (c) shall provide—

(1) that the premises used for preparing, storing, parking including UAS ground station shall be secured at all times

against unauthorized access;

(2) for protection of critical information technology and communication systems used for operations purposes from

interference that may jeopardize the security of civil aviation;

(3) for protection of flight documents;

(4) that Commercial Operators requesting to operate with a camera shall be required to include details of the camera

usage in the application for Security review and approval;

(5) requirements for checks and searches of specific areas and accessible compartments of the interior and exterior

of UAS; and

(6) that persons engaged in UAS operations are subject to recurrent background checks and selection procedures

and are adequately trained.

27.355 SECURITY OBLIGATIONS FOR UAS OPERATORS

(a) The operator of UAS shall be responsible for the security of UAS operations including associated facilities, personnel

and equipment,

(b) The UAS operator shall ensure that the UA or any component thereof that is no longer in use is completely disabled or

destroyed to prevent unauthorized use,

(c) The UAS operator shall comply with any security directives or circulars issued by the Authority.

27.360 ACTS OF UNLAWFUL INTERFERENCE

(a) The UAS operator shall ensure that the unmanned aircraft system is protected from acts of unlawful interference;

(b) The UAS operator shall have response procedures for operations, personnel for threats and incidents involving UAS

operations.

(c) UAS operator or owner shall ensure that reports on acts of unlawful interference are promptly submitted to the Authority

as per the Civil Aviation (Security) Regulations.

27.365 UNMANNED AIRCRAFT SYSTEM OPERATOR OR OWNER’S SECURITY MEASURES

(a) The holder of an UOC issued under these Regulations shall—

(1) ensure that unmanned aircraft systems not in use are stored in a secure manner to prevent and detect unauthorized

interference or use;

(2) ensure that the unmanned aircraft system is protected from acts of unlawful interference;

(3) ensure that the unmanned aircraft system is stored and prepared for flight in a manner that will prevent and detect

tampering and ensure the integrity of vital systems;

(4) designate a security coordinator responsible for the implementation,

(5) ensure that all personnel employed in the deployment, handling, and storage of unmanned aircraft system have

received security awareness training.

SUBPART H: GENERAL PROVISIONS

27.370 RECORDS

(a) A UAS operator should establish a system of record-keeping that allows adequate storage and reliable traceability of

all activities developed, covering at a minimum-

(1) operator’s organization;

(2) SMSs;


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(3) Personnel training and competence verification;

(4) Documentation of all management system key processes;

(5) Maintenance records; and (6) Security management records.

(b) Records shall be stored in a manner that ensures protection from damage, alteration and theft

(c) Records identified in this Section shall be current and in sufficient detail to determine whether the experience and

qualification requirements are met for the purpose of commercial operations

27.375 INSURANCE

(a) A person shall not operate, or cause to be operated or commit any other person to operate UAS unless there is in force

a minimum insurance policy, commensurate with the risk of the operation conducted, in respect of third party risks and proof of insurance document submitted to the authority.

(b) An operator of UAS shall make available third party liability insurance certificate, in the authentic form, at the location

of the UAS operator’s operational management or other location specified by the Authority

(c) Notwithstanding the provisions of paragraph (a), the authority may dispense with requirement depending on the class

and category of the UAS.

27.380 PRIVACY OF PERSONS AND PROPERTY

(a) Any person conducting operations using UAS fitted with cameras shall operate them in a responsible way to respect

the privacy of others.

(b) No person shall use a UAS to do any of the following—

(1) conduct surveillance of—

(i) a person without the person’s consent.

(ii) private real property without the consent of the owner.

(2) photograph or film an individual, without the individual’s consent, for the purpose of publishing or otherwise

publicly disseminating the photograph or film. This requirement shall not apply to news gathering, or events

or places to which the general public is invited.

(c) Infrared or other similar thermal imaging technology equipment fitted on unmanned aircraft system shall only be for the

sole purpose of—

(1) scientific investigation;

(2) scientific research;

(3) mapping and evaluating the earth’s surface, including terrain and surface water bodies and other features;

(4) investigation or evaluation of crops, livestock, or farming operations;

(5) investigation of forests and forest management; and (6) other similar investigations of vegetation or wildlife;

(7) border surveillance as approved by the Authority.

27.385 DISCHARGING OR DROPPING GOODS

(a) A person must not cause a thing to be dropped or discharged from an unmanned aircraft in a way that creates a hazard

to another aircraft, a person, or property.

27.390 REPORTS OF VIOLATION

(a) Any UAS Operator or employee of the operator who knows of a violation under these regulations, shall reports it to

the Authority.

(b) The Authority will determine the nature and type of any additional investigation or enforcement action that requires

to be taken.


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APPENDICES

APPENDIX 1 TO 27.015- PERMIT AND LICENSING FLOW CHART FOR NON-TOY UAS

APPENDIX 1 TO 27.170: UAS OPERATIONS MANUAL

An operations manual shall include each item set forth below which is applicable to the specific operation, unless otherwise

approved by the Authority.

Part A - General

1.0 INTRODUCTION

1.1 Purpose and scope of manuals

1.2 A statement that the manual complies with all applicable Authority regulations and requirements and with the terms and

conditions of the applicable UAS operator certificate.

1.3 A statement that the manual contains operational instructions that are to be complied with by the relevant personnel in

the performance of their duties.

1.4 List of manuals comprising operations manual.

1.5 A list and brief description of the various operations manual parts, their contents, applicability and use.

Registration with Authority

Risk Assessment Required

Authorization Required

Subpart E

Specific Operations

Pilot Licence Required

Subpart F

Complex Operations

System Focused Risk Assessment Required

Pilot License Required UAS Operator Certificate Required

Subpart D

Basic Operations

Notification to Authority Required


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1.6 Responsibility for manual content.

1.7 Responsibility for manual amendment.

1.8 List of effective pages.

1.9 Distribution of manuals and amendments

2.0 SAFETY MANAGEMENT SYSTEM

2.1 Safety Policy

2.2 Description of safety management system

2.3 Accident and Investigation policies

3.0 QUALITY SYSTEM

Description of quality system adopted

4.0 MANAGEMENT ORGANISATION

4.1 A description of the organizational structure including the general company organization and operations department

organization. The relationship between the operations department and the other departments of the company. In particular,

the subordination and reporting lines of all divisions, departments etc., which pertain to the safety of the UAS operations,

shall be shown

4.2 Accountable Manager –duties and responsibilities

4.3 Nominated personnel – Functions duties and responsibilities

4.4 UAS Pilot- duties and responsibilities

4.5 Support personnel in the operation of UAS- duties and responsibilities

4.6 A description of the objectives, procedures and responsibilities necessary to exercise operational control with respect to

flight safety.

5.0 DOCUMENTATION

5.1 Documents required in UAS operations

5.2 Document storage and retention period

Part B – UAS Operating Information

1.0 CREW INFORMATION

1.1 Flight team/crew composition

1.2 Qualification requirements of UAS Pilot and support crew

1.3 Medical competencies

1.4 Operations of different types of UAS

2.0 OPERATIONS OF UAS

2.1 Operating Limitations and conditions

2.2 Communications

2.3 Weather

2.4 On site procedures

3.0 UAS FLIGHT MANAGEMENT

3.1 Assembly and functional checks

3.2 Pre –flight checks

3.3 Normal flight procedures associated with relevant systems

3.4 Inflight checks associated with relevant systems


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3.5 Abnormal procedures associated with relevant systems

3.6 Emergency Procedures associated with relevant systems

4.0 UAS USER MANUAL

Part C – Areas Routes and Aerodromes

1.0 Areas of Operations

2.0 Operating site planning and assessmen

3.0 Authorizations including site permissions

Part D – Training

1.0 Training syllabi and checking programs for UAS crew

2.0 Training syllabi and checking programs for UAS support crew

3.0 Training syllabi and programs for personnel other than crew

4.0 Recurrent training programs

5.0 Additional training requirements that individual clients specify for the proposed operations.

APPENDIX 1 TO 27.185: OPERATIONAL GUIDELINES FOR UAS CLUBS

The following requirements shall apply to UAS clubs intending to operate for sport and recreation as required in these

regulations.

1. GENERAL PROVISIONS

(a) A UAS club shall be registered in accordance with the provisions pertaining to the registration of clubs in Rwanda

for it to be recognized and approved by the Authority.

(b) No UAS club shall operate without the approval by the Authority;

(c) The club is required to develop an operational manual that provides for—

(1) Membership requirements;

(2) Administration of members;

(3) Training requirements for its members;

(4) Procedures and guidelines of operations;

(5) Types of operation;

(6) Class of equipment operated;

(7) Security arrangement for operations; and

(8) Reporting mechanisms of incidents and accidents of the UAS operations.

2. ADMINISTRATION OF THE CLUB

(a) The club management shall ensure that members—

(1) Have adequate training to facilitate operations;

(2) Are informed on current regulations, policies and procedures;

(3) Adhere to safe business practices in their activities;

(4) Are knowledgeable of airspace restrictions that apply in the area of operation as approved; (5) Are

conversant with and meet the training requirements of the club.


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3. RESPONSIBILITY OF THE CLUB MANAGEMENT

(a) The administrator of the club shall—

(1) Obtain consent of the property owner or person in charge of the area of operation.

(2) Ensure that the club’s recognition status is current with the Authority

(3) Develop and operationalize a training program and plan for their membership;

(4) A current list of members and particulars of their UAS;

(5) Maintain a record/database of all accidents and incidents that occur within their area of jurisdiction;

(6) Ensure that it has adequate personnel are properly qualified and competent to perform their allocated tasks

and responsibilities;

(7) Have procedures for responding to an incident, accident, medical emergency, or if any UAS becomes

uncontrollable;

(8) Immediately stop all operations if unable to meet the exemption requirements or if the safety of a person,

property or other aircraft is at risk,

(9) Ensure that club activities does not interfere with civil aviation;

(10) Adhere to laws from all levels of government;

(11) Inspect their UAS on site before conduct of any flight to ensure that they are safe.

APPENDIX 1 TO 27.290: ELIGIBILITY REQUIREMENTS FOR A REMOTE

PILOT CERTIFICATE/LICENSE

This appendix sets forth the eligibility and training requirements for the certification of UAS pilots.

1. KNOWLEDGE AND SKILL REQUIREMENTS

(a) An applicant for a remote pilot certificate shall have demonstrated a level of knowledge appropriate to the

privileges granted to the holder of the certificate holder, in the following subjects—

(1) Air law;

(2) UAS general knowledge;

(3) Flight performance, planning and loading;

(4) Human performance;

(5) Meteorology;

(6) Navigation;

(7) Operational procedures;

(8) Principles of flight related to UAS; and

(9) Radiotelephony

(b) An applicant for a remote pilot certificate shall pass a skill test to demonstrate the ability to perform, as remote

PIC of the appropriate RPA category and associated RPS, the relevant procedures and maneuvers with the

competency appropriate to the privileges granted.

2. CREDIT

(a) A holder of a license issued by the Authority may be credited towards the requirements for theoretical knowledge

instruction and examination requirements for the remote pilot certificate.

3. PASSING GRADE

(a) The Authority shall prescribe the minimum passing grade.


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4. RETESTING AFTER FAILURE

(a) An applicant for a knowledge or practical test who fails that test, may retest after the applicant has received the

necessary training from an authorized instructor who has determined that the applicant is proficient to pass the

test.

5. SPECIAL CONDITIONS

(a) In the case of introduction of new UA or UAS in an operator’s fleet, when compliance with the requirements

established by the Authority is not possible, the Authority may consider issuing specific Authorization giving

privileges for UAS instruction. Such an Authorization should be limited to the instruction flights necessary for the

introduction of the new type of UAS or UA.

(b) The validity period for this Authorization shall be for the instruction sought only.

End of RCAR Part 27


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1001



1002






Order no04/CAB.M/018 of 24/07/2018





l'aviation civile


(sé)

GATETE Claver


Kigali, on 24/07/2018

(sé)

GATETE Claver


Kigali, le 24/07/2018

(sé)

GATETE Claver



Repubulika:

(sé)

BUSINGYE Johnston



Republic:

(sé)

BUSINGYE Johnston



(sé)



1003




No04/CAB.M/018 OF 24/07/2018


REGULATIONS


No04/CAB.M/018 DU 24/07/2018


L'AVIATION CIVILE


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Part 28

General Aviation: Corporate Operators, Turbojet &

Large Airplanes

Subpart A: General ................................................................................................................................ 3 28.001 Citation & Applicability ....................................................................................................................... 3

28.005 Definitions .......................................................................................................................................... 3

28.010 Acronyms & Abbreviation .................................................................................................................. 3

28.015 Operator is Responsible .................................................................................................................... 3

28.017 Operating Base: Notification to Authority ........................................................................................... 3

28.020 Liability Insurance .............................................................................................................................. 4

28.025 No Remuneration, Compensation or Aerial Work .............................................................................. 4

Subpart B: Operator Manual System ................................................................................................... 4 28.030 Applicability ........................................................................................................................................ 4

28.035 Contents of the Manual System ......................................................................................................... 4 28.040 Operations Manual ............................................................................................................................ 4

28.045 Aircraft Operating Manual .................................................................................................................. 5

28.050 Minimum Equipment List.................................................................................................................... 5 28.055 Operator’s Maintenance Control Manual ........................................................................................... 5

Subpart C: Formal Programs ................................................................................................................ 5 28.060 Applicability ........................................................................................................................................ 5

28.065 Operational Control System ............................................................................................................... 6

28.070 Safety Management System .............................................................................................................. 6

28.075 Personnel Training & Qualification Program ...................................................................................... 6 28.080 Fatigue Management Program .......................................................................................................... 7

28.085 Maintenance Program ....................................................................................................................... 7

28.090 Electronic Navigation Data Management Program ............................................................................ 7

28.095 Security Program ............................................................................................................................... 7

28.100 Aerodrome Operating Minima & Minimum Flight Altitudes ................................................................ 7

28.105 Flight Recorders ................................................................................................................................ 8

Subpart D: Personnel Training & Qualifications ................................................................................. 8 28.110 Applicability ........................................................................................................................................ 8

28.115 Operating Instructions & Training ...................................................................................................... 8

28.120 Crew Member Emergency Duties ...................................................................................................... 8

28.125 Flight Crew Member Training............................................................................................................. 9

28.130 Pilot Proficiency Check ...................................................................................................................... 9

28.135 Cabin Crew Member Training ............................................................................................................ 9

28.140 Flight Dispatcher Training .................................................................................................................. 9

28.145 Maintenance Personnel Training ....................................................................................................... 9


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Appendices .......................................................................................................................................... 10 Appendix 1 to 28.040: Contents of Operations Manual ............................................................................... 10



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SUBPART A: GENERAL


(a) These Regulations may be cited as Civil Aviation (General Aviation: Corporate Operators, Large and

Turbojet Aircraft) Regulations.

(b) This Part prescribes requirements of Rwanda, in addition to those found in Part 10 of these Regulations,

that apply to the general aviation operations of—

(1) Large airplanes;

(2) Turbojet-powered airplanes; and

(3) Other aircraft configured for more than 9 passengers.

(c) Corporate aviation operations involving three or more aircraft that are operated by pilots employed for the

purpose of flying the aircraft, at least one of which is an aeroplane, should be conducted in accordance with

this Part.

(d) This Part also specifically applies to operators of the airplanes listed in (a) and (b), including their

managers, licensed persons and service providers who perform the functions associated with maintenance,

training, dispatch and flight operations.

(e) Civil Aviation Technical Standards published by the Authority shall also be applicable to general aviation

operators of large and turbojet aircraft.

28.005 DEFINITIONS

(a) All definitions applicable to this Part are contained in Part 1 (Appendix 1 to 1.015) of these Regulations.

28.010 ACRONYMS & ABBREVIATION

[Reserved].

28.015 OPERATOR IS RESPONSIBLE

(a) The operator subject to the requirements of this Part shall ensure that the personnel employed for

operations and maintenance—

(1) Have completed all required training before being assigned to their specific functions;

(2) Are qualified for the duties, responsibilities and functions they are assigned;

(3) Comply with the laws, regulations and procedures applicable to their assignment;

(b) The operator shall ensure that its personnel are provided with the manuals and other reference documents

necessary to the performance of their duties and responsibilities.

(c) The operator shall ensure that the owner’s responsibilities for maintenance and maintenance records of this

Part and Part 4 of these Regulations have been met for the aircraft that he is operating.

(d) The operator shall ensure the completion and retention of the records required for operations under this

Part to demonstrate conformance with the applicable requirements.

(e) The operator shall ensure the completion, submission and retention of the reports required for operations

under this Part.

28.017 OPERATING BASE: NOTIFICATION TO AUTHORITY

(a) An operator subject to the requirements of this Part shall—

(1) Provide the Authority with the prescribed information regarding its operating bases; and

(2) Notify the civil aviation authorities of each State in which they maintain an operating base.

(b) Upon notification, the Authority shall confirm the safety and security oversight arrangements with the State

of Registry.


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28.020 LIABILITY INSURANCE

(a) No person may operate or pilot an aircraft to which this Part applies unless the operator and/or pilot has:—

(1) Current third-party liability insurance of claim levels acceptable to the Authority for the level of risk;

and

(2) Has evidence of that insurance in his personal possession at the time of flight.

28.025 NO REMUNERATION, COMPENSATION OR AERIAL W O R K

(a) The operator or pilot of an aircraft to which this Part applies shall not operate the aircraft except for—

(1) general aviation purposes; and

(2) business or personal travel of the owners.

(b) The operator shall not request or receive remuneration or any form of compensation from any other person

or other organisation for the operation of the aircraft, including reimbursement for expenses.

(c) The operator or pilot of an aircraft to which this Part applies shall not operate the aircraft in any aviation

activity that is defined in Part 1 as commercial air transport or aerial work.

SUBPART B: OPERATOR MANUAL SYSTEM


(a) This Subpart provides the manual system requirements for operators subject to this Part.

28.035 CONTENTS OF THE MANUAL SYSTEM

(a) The operator shall provide the following manuals, programs and checklists as a part of its manual system—

(1) Operations Manual;

(2) Aircraft Operating Manual;

(3) Normal, abnormal and emergency checklist for all phases of flight;

(4) Minimum Equipment List;

(5) Training program;

(6) Maintenance Control Manual;

(7) Maintenance program; and

(8) Maintenance Task Cards;

(b) The operator shall furnish copies of all amendments to these manuals and checklists promptly to all

organisations or persons to whom they have been issued.

28.040 OPERATIONS MANUAL

(a) An operator shall provide, for the use and guidance of personnel concerned, an operations manual

containing all the instructions and information necessary for operations personnel to perform their duties. .

(b) The operations manual shall contain the minimum requirements prescribed in Appendix 1 to 28.025 and

may reference accepted and recognized industry codes of practice as the basis for the development of an

operations manual as identified by the operator and Authority.

(c) The operations manual shall be amended or revised as is necessary to ensure that the information

contained therein is kept up to date.

(d) All such amendments or revisions shall be issued to all personnel that are required to use this manual.

(e) The operator shall ensure that the operations manual is carried in the cockpit of the aircraft on each flight

and is immediately accessible to the flight crew


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28.045 AIRCRAFT OPERATING MANUAL

(a) The operator subject to this Part shall provide operations staff and flight crew with an aircraft operating

manual, for each aircraft type operated, containing the normal, abnormal and emergency procedures

relating to the operation of the aircraft.

(b) The manual should be consistent with the aircraft flight manual and checklists to be used.

(c) The design of the manual should observe Human Factors principles.

(d) The manual should contain the operating instructions and provide information on aeroplane climb

performance to enable the pilot-in-command to determine the climb gradient that can be achieved during

the departure phase for the existing take-off conditions and intended take-off technique.

(e) The aircraft operating manual shall contain the procedures for conducting instrument approaches.

(f) The operator shall ensure that the aircraft operating manual and associated checklists are carried in the

cockpit of the aircraft on each flight and is immediately accessible to the flight crew

28.050 MINIMUM EQUIPMENT LIST

(a) Where a master minimum equipment list (MMEL) is established for the aircraft type, the operator subject to

this Part shall include in the operations manual a minimum equipment list (MEL) approved by the State of

Registry of the aeroplane which will enable the pilot-in-command to determine whether a flight may be

commenced or continued from any intermediate stop should any instrument, equipment or systems

become inoperative.

(b) The operator shall ensure that appropriate MEL is carried in the cockpit of the aircraft on each flight and

shall be immediately accessible to the flight crew

28.055 OPERATOR’S MAINTENANCE CONTROL MANUAL

(a) The operator shall provide a maintenance control manual for the use and guidance of maintenance and

operations personnel.

(b) The operator’s maintenance control manual, which may be issued in separate parts, shall be developed

according to industry codes of practice, and should at a minimum contain information about—

(1) The means for complying with the procedures required by the operator’s maintenance responsibilities;

(2) The means of recording the names and duties of the person or persons required by the operator’s

maintenance responsibilities;

(3) The operator’s approved maintenance program;

(4) The methods used for the completion and retention of the operator’s maintenance records;

(5) The procedures for complying with the service information reporting requirements;

(6) The procedures for implementing action resulting from mandatory continuing airworthiness

information;

(7) A system of analysis and continued monitoring of the performance and efficiency of the maintenance

program, in order to correct any deficiency in that program;

(8) The aircraft types and models to which the manual applies;

(9) The procedures for ensuring that unserviceability’s affecting airworthiness are recorded and rectified;

and

(10) Procedures for advising the State of Registry of significant in-service occurrences.

SUBPART C: FORMAL PROGRAMS


(a) This Subpart provides the formal programs requirements for operators subject to this Part.


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28.065 OPERATIONAL CONTROL SYSTEM

(a) An operator subject to the requirements of this Part shall describe the operational control system in the

operations manual and identify the roles and responsibilities of those involved with the system.

(b) The operator will also retain copies of the key documents associated with the operational control of specific

flight operations under this Part for a period of 3 months after the flight, which include—

(1) The ATS flight plan that was filed;

(2) All preflight planning documents and calculations of fuel supply requirements;

(3) The mass, balance and performance calculations; and

(4) The aircraft journey/technical log page, including the deferral/correction of any known or suspected

defects.

28.070 SAFETY MANAGEMENT SYSTEM

(a) An operator subject to the requirements of this Part shall establish and maintain a safety management

system that is appropriate to the size and complexity of the operation.

(b) The safety management system should conform to the requirements of Part 30 and as a minimum

include—

(1) A process to identify actual and potential safety hazards and assess the associated risks;

(2) A process to develop and implement remedial action necessary to maintain an acceptable level of

safety; and

(3) Provision for continuous monitoring and regular assessment of the appropriateness and effectiveness

of safety management activities.

28.075 PERSONNEL TRAINING & QUALIFICATION PROGRAM

(a) An operator shall establish, implement and maintain a qualification and training program for all personnel

involved in the operations and maintenance of the aircraft that is designed to ensure that all persons who

receive training acquire and maintain the competency to perform their assigned duties.

(b) This training program with the appropriate syllabus shall be included—

(1) For flight crew personnel, in the operations manual.

(2) For cabin crew members, in the operations manual or a separate cabin crew manual.

(3) For flight dispatchers, in the operations manual, or a separate flight dispatch manual.

(4) For maintenance personnel, in the maintenance control manual.

(c) This program shall includes maintenance and retention of records for each employee which demonstrate

the—

(1) Current assignments;

(2) Currency of required licenses;

(3) Completion of initial ground training, including—

(i) Company policies and procedures indoctrination;

(ii) Human factors training, and coordination with other operations personnel and crew members;

(iii) Threat and error management;

(iv) Dangerous goods training;

(v) Emergency equipment drills;

(vi) Aircraft systems and their operations and, if applicable, maintenance;

(4) Completion of initial flight training in the type of aircraft, including fleet differences;

(5) Completion of specialized training, such as ACAS II operation;

(6) Completion of recency of experience;

(7) Completion of continuation and recurrent training; and


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(8) Completion of proficiency or competency checks.

(d) The operator may provide these ground and flight training programs through internal programs or through a

training services provider or combinations of methods, but the specifics must be provided in the applicable

training program.

(e) This training curriculum(s) and methodology shall be acceptable to Authority.

28.080 FATIGUE MANAGEMENT PROGRAM

(a) An operator shall establish and implement a fatigue management program that ensures that all operator

personnel involved in the operation and maintenance of aircraft do not carry out their duties when fatigued.

(b) The program shall address flight and duty times and mandatory rest periods.

28.085 MAINTENANCE PROGRAM

(a) The operator shall provide, for the use and guidance of maintenance and operational personnel concerned,

a maintenance program for each aeroplane, acceptable to Authority.

(b) The design and application of the operator’s maintenance shall comply with human factors principles.

(c) The maintenance program for each aeroplane shall contain the following information—

(1) Maintenance tasks and the intervals at which these are to be performed, taking into account the

anticipated utilisation of the aeroplane;

(2) When applicable, a continuing structural integrity program;

(3) Procedures for changing or deviating from the requirements of subparagraphs (1) and (2) as

approved by Authority; and

(4) When applicable and approved by Authority, condition monitoring and reliability program descriptions

for aircraft systems, components and powerplants.

(d) Maintenance tasks and intervals that have been specified as mandatory in approval of the type design, or

approved changes to the maintenance program, shall be identified as such.

(e) The maintenance program should be based on maintenance program information made available by the

State of Design or by the organisation responsible for the type design, and any additional applicable

experience acceptable to Authority.

(f) The operator shall furnish copies of all amendments to the maintenance program promptly to all

organisations or persons to whom the maintenance program has been issued.

28.090 ELECTRONIC NAVIGATION DATA MANAGEMENT PROGRAM

(a) An operator shall have a program approved by Authority for the use of electronic navigation data products

that have been processed for application in the air and on the ground that includes—

(1) Procedures to ensure proper monitoring of the process and products.

(2) Procedures that ensure the timely distribution and insertion of current and unaltered electronic

navigation data to all aircraft that require it.

28.095 SECURITY PROGRAM

(a) The operator, including corporate operator aviation operators, shall establish, implement and maintain a

written operator security program that meets the requirements of the national civil aviation security program

of Rwanda.

28.100 AERODROME OPERATING MINIMA & MINIMUM FLIGHT ALTITUDES

(a) An operator shall ensure that no pilot-in-command operates to or from an aerodrome using operating

minima lower than those which may be established for that aerodrome by the State in which it is located,

except with the specific approval of that State.


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(b) An operator shall specify, for flights which are to be conducted in accordance with the instrument flight

rules, the method of establishing terrain clearance altitudes.

28.105 FLIGHT RECORDERS

(a) To ensure the continued serviceability of the records, the operator shall ensure that an on-going program of

operational checks and evaluations of recordings is being conducted for both the flight data and cockpit

voice recorder system.

(b) That program will provide procedures to ensure that the recorders are—

(1) Not switched off during flight time;

(2) Deactivated upon completion of flight time following an accident or incident; and

(3) Not reactivated before their disposition as determined in accordance with Part 19 of these

Regulations

(c) The owner of the aeroplane, or in the case where it is leased, the lessee, shall ensure, to the extent

possible, in the event the aeroplane becomes involved in an accident or incident—

(1) The preservation of all related flight recorder records; and

(2) If necessary, the associated flight recorders, and

(3) The retention of the records and recorders in safe custody pending their disposition as determined in

accordance with Part 19 of these Regulations.

SUBPART D: PERSONNEL TRAINING & QUALIFICATIONS


(a) This Subpart provides the personnel training and qualifications requirements for operators subject to this

Part.

28.115 OPERATING INSTRUCTIONS & TRAINING

(a) The operator shall ensure that all operations and maintenance personnel are properly instructed in their

particular duties and responsibilities and the relationship of such duties to the operation as a whole.

(b) The operator shall ensure that all employees when abroad know that they must comply with the laws,

regulations and procedures of those States in which operations are conducted.

(c) The operator shall ensure that all pilots are familiar with the laws, regulations and procedures, pertinent to

the performance of their duties, prescribed for the areas to be traversed, the aerodromes to be used and

the air navigation facilities relating thereto.

(d) The operator shall ensure that other members of the flight crew are familiar with such laws, regulations and

procedures referenced in paragraph (c) as are pertinent to the performance of their respective duties in the

operation of the aeroplane.

28.120 CREW MEMBER EMERGENCY DUTIES

(a) An operator shall, for each type of aeroplane, assign to all crew members the necessary functions they are

to perform in an emergency or in a situation requiring emergency evacuation.

(b) Continuation and recurrent training in accomplishing these functions shall be contained in the operator’s

training program and shall include—

(1) Instruction in the use of all emergency and life-saving equipment required to be carried; and

(2) Drills in the emergency evacuation of the aeroplane.


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28.125 FLIGHT CREW MEMBER TRAINING

(a) An operator shall establish and maintain a flight crew training program that is designed to ensure that a

person who receives training acquires and maintains the competency to perform assigned duties, including

skills related to human performance.

(b) The training program shall include training to competency for all equipment installed.

(c) Flight simulators should be used to the maximum extent practicable for initial and annual recurrent training.

(d) This training should include all applicable requirements of Section 28.075 of this Part.

28.130 PILOT PROFICIENCY CHECK

(a) The operator shall ensure that piloting technique and the ability to execute emergency procedures is

checked periodically in such a way as to demonstrate the pilot’s competence.

(b) Where the operation may be conducted under the instrument flight rules, an operator shall ensure that the

pilot’s competence to comply with such rules is demonstrated to either a check pilot of the operator or a

representative of Authority.

(c) The periodicity of the checks referred to in paragraph (a) of this Section is dependent upon the complexity

and shall be not be less than that specified in Subpart C of Part 10 of these Regulations.

28.135 CABIN CREW MEMBER TRAINING

(a) An operator shall ensure that all cabin crew members—

(1) Complete initial and continuation training with all features of the operation which are pertinent to their

duties, including human factors and coordination with flight crew and ground handling personnel; and

(2) Maintain competency in the functions to which they are assigned.

(b) This training shall include all applicable requirements of Section 13.011 and Section 28.075.

28.140 FLIGHT DISPATCHER TRAINING

(a) An operator shall ensure that all flight dispatchers and other persons associated with operational control—

(1) Complete initial and continuation training with all features of the operation which are pertinent to their

duties, including human factors and coordination with other dispatch and flight crews; and


(b) This training should include all applicable requirements of Section 28.075 of this Part.

28.145 MAINTENANCE PERSONNEL TRAINING

(a) The operator shall ensure that all maintenance personnel—

(1) Complete initial and continuation training with all features of the maintenance activities which are

pertinent to their duties, including human factors and coordination with other maintenance personnel

and flight crew; and


(b) This training should include all applicable requirements of Section 28.075 of this Part.



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APPENDICES

APPENDIX 1 TO 28.040: CONTENTS OF OPERATIONS MANUAL

(a) The operations manual shall include policies and procedures to ensure the—

(1) The details of the fatigue management program;

(2) The instructions and information for determination for expected aircraft performance, including runway

length, climb gradient and landing. and intended takeoff technique;

(3) Procedures to ensure that the flight is not commenced unless—

(i) The aeroplane is airworthy, duly registered and that appropriate certificates with respect thereto

are aboard the aeroplane;

(ii) The instruments and equipment installed in the aeroplane are appropriate, taking into account

the expected flight conditions;

(iii) Any necessary maintenance has been performed in accordance with Part 4 of these

Regulations;

(iv) The mass of the aeroplane and centre of gravity location are such that the flight can be

conducted safely, taking into account the flight conditions expected;

(v) Any load carried is properly distributed and safely secured; and

(vi) The aeroplane operating limitations, contained in the flight manual, or its equivalent, will not be

exceeded.

(4) A description of the operational control system and identify the roles and responsibilities of those

involved with that system.

(5) Flight planning procedures to provide 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.

(6) Procedures for ensuring proper use of oxygen;

(7) Minimum oxygen supply for crew and passengers

(8) Safe refueling with passengers on board;

(9) AOM operating procedures for conducting instrument approaches;

(10) Flight recorder operations and checks

(11) Post-accident flight recorder records preservation

(12) For flights which are to be conducted in accordance with the instrument flight rules, the method of

establishing terrain clearance altitudes.

(13) General requirements regarding aerodrome operating minima, including a prohibition against using

operating minima lower than those which may be established for that aerodrome by the State in which

it is located, except with the specific approval of that State.

(14) Procedures to ensure that all baggage carried onto an aeroplane and taken into the passenger cabin

is adequately and securely stowed during takeoff and landing.

(15) Prohibitions against inflight simulation of instrument flight, abnormals or emergency when passengers

are on board;

(16) Passenger briefing procedures and content to include all requirements of Section10.300 to these

Regulations.

End of RCAR Part 28


1014






Order no04/CAB.M/018 of 24/07/2018





l'aviation civile


(sé)

GATETE Claver


Kigali, on 24/07/2018

(sé)

GATETE Claver


Kigali, le 24/07/2018

(sé)

GATETE Claver



Repubulika:

(sé)

BUSINGYE Johnston



Republic:

(sé)

BUSINGYE Johnston



(sé)



1015




No04/CAB.M/018 OF 24/07/2018


REGULATIONS


No04/CAB.M/018 DU 24/07/2018


L'AVIATION CIVILE


1016

Civil Aviation (security) Regulations Part 29

Page 29- 1 of 39

Part 29

Aviation Security

Subpart A: General .................................................................................................................................. 5 29.001 Citation & Applicability ....................................................................................................................... 5

29.005 Definitions .......................................................................................................................................... 6

29.010 Abbreviations & Acronyms ................................................................................................................. 9 29.015 Functions of Authority in relation to Aviation Security ........................................................................ 9

29.020 Power to Access & Inspect Airport, Aircraft & Operator’s Premises ................................................ 10

29.025 Power of Authority to Issue Orders, Circulars & Directives .............................................................. 10 29.030 Authorized Persons ......................................................................................................................... 10

29.035 Airport Operators ............................................................................................................................. 10

29.040 Aircraft Operators ............................................................................................................................ 11 29.045 Air Navigation Service Providers ..................................................................................................... 12

29.050 Security Programme. International Cooperation .............................................................................. 12

Subpart B: Security Programmes .......................................................................................................... 12 29.055 National Civil Aviation Security Programme .................................................................................... 12 29.060 National Civil Aviation Security Quality Control Programme ............................................................ 13

29.065 Regulated Agent Security Programme ............................................................................................ 14

29.070 Catering Operator Security Programme .......................................................................................... 15

Subpart C: Training Programmes .......................................................................................................... 15 29.075 National Aviation Security Training Programme .............................................................................. 15

29.080 Operator Aviation Security Training Programme ............................................................................. 15 29.085 Application ....................................................................................................................................... 16

29.090 Approval of Security Programme ..................................................................................................... 16

29.095 Changed Conditions Affecting Security ........................................................................................... 16

29.100 Power of Authority to Direct Amendment of Security Programme ................................................... 17

Subpart D: Preventive Security Measures ............................................................................................. 17 29.105 Airport Security Access Control to Security Restricted Areas .......................................................... 17 29.110 Airport Security Controls .................................................................................................................. 17

29.115 Security Restricted Areas & Airport Security Permits ...................................................................... 19

29.120 Airport Boundary .............................................................................................................................. 21 29.125 Carriage of Firearms, Explosives or Incendiary Materials in Airport Premises ................................ 21

29.130 Control of Access by Tenants .......................................................................................................... 22

29.135 Operator & Screening Procedures ................................................................................................... 22 29.140 Informing the Airport Operator of Threat Against Airport ................................................................. 23

29.145 Airport Operator to Take Measures in Event of Threat .................................................................... 23

29.150 Discovery of Weapons, Incendiary Devices or Explosives at Airport ............................................... 23

29.155 Airport Operator to Submit Plans before Renovation & Expansion Works ....................................... 23

29.160 Record Keeping by Operators ......................................................................................................... 23

29.165 Responsibilities of Aircraft Operators ............................................................................................... 24


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29.170 Special Protection for Aircraft ........................................................................................................... 25

29.175 Control of Prohibited Items ............................................................................................................... 25 29.180 Control of Access to Flight Crew Compartment ............................................................................... 25

29.185 Control of Special Categories of Passengers................................................................................... 25

29.190 Authorised Carriage of Weapons on Board Aircraft ......................................................................... 26 29.195 Conditions for Acceptance of Goods for Air transportation .............................................................. 26

29.200 Conditions for Acceptance of Baggage, Goods, COMAT & COMAIL for Air Transportation ............ 27

29.205 Security Measures to be Taken by Aircraft Operators ..................................................................... 27 29.210 Catering Operators Aviation Security Responsibilities of Catering Operator ................................... 28

29.215 Conditions for Acceptance of Catering Stores & Supplies for Air Transportation ............................. 29

29.220 Protection of Critical Information Technology & Communication Systems ....................................... 29

Subpart E: Management Of Response To Acts Of Unlawful Interference .............................................. 30 29.225 Prevention of Acts of Unlawful Interference ..................................................................................... 30

29.230 Authority’s Response to Acts of Unlawful Interference .................................................................... 30 29.235 Mandatory Reporting........................................................................................................................ 30

29.240 Notification to the International Civil Aviation Organization .............................................................. 31

Subpart F: Offences & Penalties ........................................................................................................... 31 29.245 Failure to Establish & Maintain Security Programmes ..................................................................... 31

29.250 Offences by Body Corporate ............................................................................................................ 31

29.255 Power to Enforce Compliance .......................................................................................................... 31

Subpart G: Infringement Notices ........................................................................................................... 32 29.260 Purpose & Effect of Infringement Notices ........................................................................................ 32

29.265 Penalty Payable under Infringement Notice ..................................................................................... 32

29.270 Authorised Persons may issue Infringement Notice ......................................................................... 32

29.275 Issuance of Infringement Notice ....................................................................................................... 32

29.280 Service of Infringement Notice ......................................................................................................... 33

29.285 Time for Payment of Penalty ............................................................................................................ 33

29.290 Extension of Time to pay Penalty ..................................................................................................... 33

29.295 Effect of Payment of Penalty ............................................................................................................ 34

29.300 Withdrawal of Infringement Notice ................................................................................................... 34

29.305 Notice of Withdrawal of Infringement Notice .................................................................................... 34

29.310 Refund of Penalty ............................................................................................................................ 34

Subpart H: Facilitation ........................................................................................................................... 34 29.315 Aviation Security & Narcotics Control Measures & Procedures ....................................................... 34

29.320 Travel Documents ............................................................................................................................ 35

29.325 Security of Travel Documents .......................................................................................................... 35

29.330 Stolen, Lost, & Revoked Travel Documents..................................................................................... 35

29.335 Machine Readable Travel Documents ............................................................................................. 35

29.340 Biometric Data ................................................................................................................................. 35

29.345 Inspection of Travel Documents ....................................................................................................... 35

29.350 Procedures & Responsibilities ......................................................................................................... 36

29.355 Advance Passenger Information ...................................................................................................... 36

29.360 Identification & Entry of Crew & Other Aircraft Operators’ Personnel .............................................. 36

29.365 Entry & Departure 0f Cargo & Other Articles .................................................................................... 36

29.370 Inadmissible Persons ....................................................................................................................... 37


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Page 29- 3 of 39

29.375 Deportees ........................................................................................................................................ 37

29.380 Inadmissible Persons & Deportees .................................................................................................. 37 29.385 Assistance to Aircraft Accident Victims & Their Families ................................................................. 37

29.390 National Facilitation Programmes ................................................................................................... 38



1019


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1020


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SUBPART A: GENERAL


(a) This Part may be cited as Civil Aviation (Security) Regulations.

(b) These Regulations apply to—

(1) all aerodromes in Rwanda

(2) civil aviation operations;

(3) persons at airports;

(4) persons working in the aviation industry;

(5) persons who occupy land or buildings forming part of an airport; and

(6) Persons on land adjoining or adjacent to, or within the vicinity of airports or air navigation installations

which do not form part of an airport.

(c) Notwithstanding the generality of paragraph (a), these Regulations apply to—

(1) operators or owners of airports;

(2) operators or owners of aircraft registered in Rwanda or aircraft registered in another state and

operating in Rwanda

(3) managers of air navigation installations;

(4) persons permitted to have access to security restricted areas at an airport;

(5) persons who offers goods for transport by air; and

(6) any person whose conduct amounts to an act of unlawful interference or endangers aviation safety.

(d) Nothing in these Regulations applies to or affects—

(1) a State aircraft; or

(2) Military or police aviation operations in Rwanda.

(e) The Provisions of this Part shall apply to—

(1) operators of international airports in Rwanda;

(2) designated domestic airport operators and any other aerodrome operator specified by the Appropriate

Authority;

(3) national aircraft operators;

(4) foreign aircraft operators;

(5) aerodrome tenants and/or operators of Tenant Restricted Areas at International airports or

Designated Domestic airports;

(6) any person in or within the vicinity of an international airport or designated domestic airport, or any

other aerodrome specified by the Authority or any air navigation site or any land building installation or

areas under the ownership management or control of the Authority;

(7) any person who offers goods for transport by air;

(8) air traffic service provider;

(9) any person who provides a service to an air navigation service provider, aircraft operator and airport

operator; and

(10) any person on board an aircraft.

(f) Those requirements addressing persons certificated under any Part of these Regulations apply also to any

person who engages in an operation governed by any Part without the appropriate certificate, licence,

operations specification, or similar document required as part of the certification.

(g) Civil Aviation Technical Standards published by the Authority shall also be applicable to all organizations

and individuals subject to this Part.


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29.005 DEFINITIONS

(a) For the purpose of this Part, the following definitions shall apply—

Act. Law number 42/2011 of 31/10/2011 relating to civil aviation security.

Act of unlawful interference. An act or attempted act to jeopardise the safety of civil aviation and air

transport, including but not limited to—

(i) unlawful seizure of an aircraft in flight or on the ground;

(ii) 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;

(iii) hostage taking on board an aircraft or at an airport;

(iv) forcible intrusion on board an aircraft at an airport or on the premises of an aeronautical facility;

(v) introduction on board an aircraft or at an airport of a weapon or hazardous device or material

intended for criminal purposes;

(vi) use of an aircraft in service for the purpose of causing death, serious bodily injury, or serious

damage to property or the environment,

(vii) unauthorized possession, at an airport, or unauthorized introduction on board an aircraft, of a

weapon or hazardous device or material ; 6

(viii) 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;

(ix) violence against a person on board an aircraft in flight if that act is likely to endanger the safety

of that aircraft;

(x) 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;

(xi) unlawfully and intentionally using any device, substance or weapon—

(A) 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;

(B) 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.

Advance Passenger Information. Passport details, and in some instances contact information, which

has to be provided to the authorities before a person travel.

Aerial Work. Use of an aircraft in agriculture, construction, photography, surveying, observing, protection

and patrol, aviation learning, aerial advertisement and fire extinguishing.

Airport. A defined area on land or water, including any buildings, installations and equipment, intended to

be used either wholly or in part for the arrival, departure and surface movement of aircraft, and includes

an aerodrome.

Airport operator. An individual, organization or enterprise, however designated, for the time being

responsible for the administration and operation of an airport.

Airport security permit. A document issued under Section 29.115.

Airside. The movement area of an airport, adjacent terrain and buildings or portions thereof, access to which

is controlled.

Air Navigation Service Provider. A relevant authority designated with a responsibility for provision of air

traffic services in Rwanda airspace.

Air Traffic Service Provider. See Air Navigation Service Provider

Authorized economic operator. A party involved in the international movement of goods in whatever

function that has been approved by or on behalf of a national customs administration as complying

with World Customs Organisation or equivalent supply chain security standards and may include

manufacturers, importers, exporters, brokers, carriers, consolidators, intermediaries, ports, airports,

terminal operators, integrated operators, warehouses, distributors and freight forwarders.


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Authorized person. A person designated by the Authority under regulation 8 to be an authorized person for

the purposes of these Regulations.

Authorized search. A search carried out by a screening officer during the screening of persons and goods,

other things in the possession or control of persons who are screened and vehicles under the care

or control of persons who are screened.

Authority. The Civil Aviation Authority established by law number 7 53/2011 of 14/12/2011.

Aviation security officer. A person employed by an operator as defined in this regulation to carry out

security controls.

Background check. A check of a person’s identity and previous experience, including, where legally

permissible, any criminal history as part of the assessment of an individual’s suitability to implement

a security control or for unescorted access to a security restricted area.

Behavior detection. Within an aviation security environment, the application of techniques involving the

recognition of behavioural characteristics, including but not limited to physiological or gestural signs

indicative of anomalous behavior, to identify persons who may pose a threat to civil aviation.

Cargo. Any property carried on an aircraft other than mail, stores and accompanied or mishandled baggage.

Catering stores. All items, other than catering supplies, associated with passenger in-flight services,

including newspapers, magazines, headphones, audio and video tapes, pillows, blankets and amenity

kits.

Catering supplies. All food, beverages, other dry stores and associated equipment used in air transport.

Certification. A formal evaluation and confirmation by or on behalf of the Authority that a person possesses

the necessary competencies to perform assigned functions to an acceptable level as defined by the

Authority.

Civil aviation. Operations of aircraft in—

(i) commercial air transport operations;

(ii) general aviation operations; and

(iii) aerial work.

COMAIL. An abbreviation of commercial air transport operator company mail, shipped within its network of

stations.

COMAT. An abbreviation of commercial air transport operator company materials, shipped within its network

of stations.

Commercial air transport operations. Aircraft operations involving the transport of passengers, cargo or

mail for remuneration or hire.

Disruptive passenger. A passenger who fails to comply with the rules of conduct at an airport or on board

an aircraft or to follow the instructions of the airport staff or aircraft crew members and thereby

disturbs the good order and discipline at an airport or on board an aircraft.

Facilitation. The efficient management of the necessary control process, with the objective of expediting the

clearance of persons or goods and preventing unnecessary operational delays.

General aviation operation. An aircraft operation other than a commercial air transport operation or an

aerial work operation.

Goods. Includes cargo and mail.

Ground Handling Service Provider. A provider of services provided to airport users at the airport that

include baggage handling , freight and mail handling as regards the physical handling of freight and

mail, whether incoming , outgoing or being transferred between the air terminal and the aircraft, fuel

and oil handling and ramp handling of high-risk cargo or mail. cargo or mail presented by an unknown

entity or showing signs of tampering if in addition, it meets one of the following criteria—

(i) specific intelligence indicates that the cargo or mail poses a threat to civil aviation; or

(ii) the cargo or mail shows anomalies that give rise to suspicion; or


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(iii) the nature of the cargo or mail is such that baseline security measures alone are unlikely to

detect prohibited items that could endanger the aircraft.

(iv) regardless of whether the cargo or mail comes from a known or unknown entity, a State’s

specific intelligence about a consignment may render it as high risk.

High-risk cargo or mail. Cargo or mail presented by an unknown entity or showing signs of tampering if in

addition, it meets one of the following criteria—

(i) where specific intelligence indicates that the cargo or mail poses a threat to civil aviation; or

(ii) where the cargo or mail shows anomalies that give rise to suspicion; or

(iii) where the nature of the cargo or mail is such that baseline security measures alone are unlikely

to detect prohibited items that could endanger the aircraft.

Note Regardless of whether the cargo or mail comes from a known or unknown entity, a State’s specific

intelligence about a consignment may render it as high risk;

Human performance. Human capabilities and limitations which have an impact on the safety, security

and efficiency of aeronautical operations.

In-flight security officer. A person who is authorized by the government of the State of the Operator and

the government of the State of Registration to be deployed on an aircraft with the purpose of

protecting that aircraft and its occupants against acts of unlawful interference. This excludes persons

employed to provide exclusive personal protection for one or more specific people travelling on the

aircraft, such as personal bodyguards.

Known consignor. A consignor who originates cargo or mail for its own account and whose procedures

meet common security rules and standards sufficient to allow the carriage of cargo or mail on any

aircraft.

Known stores. Catering supplies and stores delivered to an aircraft operator and that have been subjected

to appropriate security controls.

Landside. An area of an airport and buildings on it to which the nontraveling public has free access.

Mail. Dispatches of correspondence and other items tendered by and intended for delivery to postal services

in accordance with the rules of the Universal Postal Union (UPU).

Minister. The minister responsible for civil aviation.

Necessary precautions. Verifications carried out by adequately trained staff members of the aircraft

operator or the company operating on behalf of the aircraft operator, at the point of embarkation, in

order to ensure that every person holds a valid travel document and, where applicable, the visa or

residence permit required to enter the receiving State. These verifications are designed to ensure

that any obvious irregularity including document alteration is detected.

Operator. An airport operator, an aircraft operator, a regulated agent and a catering operator.

Prohibited item. An item prescribed in Section 29.165 and which can be used to commit an act of unlawful

interference.

Regulated agent. An agent, freight forwarder or other entity who conducts business with an operator and

provides security controls that are accepted or required by the Authority.

Sabotage. An act or omission, intended to cause malicious or wanton destruction of property, endangering

or resulting in unlawful interference with civil aviation and its facilities.

Screening. The application of technical or other means which are intended to identify or detect weapons,

explosives or other dangerous devices, articles or substances which may be used to commit an act

of unlawful interference.

Security. Safeguarding civil aviation against acts of unlawful interference through a combination of

measures and human and material resources.

Security audit. An in-depth compliance examination of all aspects of the implementation of the National

Civil Aviation Security Programme.


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Security control. A means by which the introduction of weapons, explosives or other dangerous devices,

articles or substances which may be used to commit an act of unlawful interference can be prevented.

Security inspection. An examination of the implementation of relevant National Civil Aviation Security

Programme requirements by an airline, airport, or other entity involved in security.

Security restricted area. Airside areas of an airport which are identified as priority risk areas where, in

addition to access control, other security controls are applied and includes, inter alia, all passenger

departure areas between the screening checkpoint and the aircraft, the ramp, baggage make-up

areas, including those where aircraft are being brought into service and screened baggage and cargo

are present, cargo sheds, mail centres, airside catering and aircraft cleaning premises.

Security survey. An evaluation of security needs, including the identification of vulnerabilities which could

be exploited to carry out an act of unlawful interference and the recommendation of corrective actions.

Security test. A covert or overt trial of an aviation security measure which simulates an attempt to commit

an unlawful act.

Single window. A facility that allows parties involved in trade and transport to lodge standardized

information and documents with a single entry point to fulfil all import, export, and transit-related

regulatory requirements and where information is electronic then individual data elements should

only be submitted once.

Supply chain assets. cargo and mail, facilities, equipment, information and personnel.

Technical instructions. the ICAO Technical Instructions for the Safe Transportation of Dangerous Goods

by Air, Doc.9284.

Transfer. Cargo and mail. cargo and mail departing on an aircraft other than that on which it arrived.

Travel document. A passport or other official document of identity issued by a State or organization, which

may be used by the rightful holder for international travel.

Unidentified baggage. baggage at an airport, with or without a baggage tag which is not picked by or

identified with a passenger, and includes unattended baggage, unknown stores. supplies and stores

that have not have been subjected to appropriate security controls.

Unknown stores. Supplies and stores that have not have been subjected to appropriate security controls.

Unpredictability. the implementation of security controls in order to increase their deterrent effect and

their efficiency, by applying them at irregular frequencies, different locations and/or with varying

means, in accordance with a defined framework.

29.010 ABBREVIATIONS & ACRONYMS


ANSP = Air Navigation Service providers

APIS = Advance Passenger Information System

CMC = Crew Member Certificate

COMAIL = Company Mail

COMAT = Company Materials

Doc = ICAO Technical Document

ICAO = International Civil Aviation Organization

MANPADS = Man-Portable Air Defense Systems

NCASP= National Civil Aviation Security Programme

29.015 FUNCTIONS OF AUTHORITY IN RELATION TO AVIATION SECURITY

(a) The Authority shall have responsibilities as provided for in Article 3 of the law relating to Civil Aviation Security.

(b) The Authority shall in respect of other States—


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(1) cooperate in the development and exchange of information on National Civil Aviation Security

Programmes in accordance with the laws of the Rwanda

(2) subject to paragraph (a), the Authority may consider requests by States to share or exchange

information on the development of security programmes.

(c) The Authority shall—

(1) share threat information that applies to the aviation security interests in accordance with the laws of

Rwanda;

(2) subject to paragraph (a), the Authority may consider and share threat information of aviation interests

with other states as deemed necessary for the purpose of protecting civil aviation against acts of

unlawful interference”.

(d) The Authority shall where deemed necessary consider entering into collaborative arrangements in order to

increase the sustainability of the aviation security system by avoiding unnecessary duplication of security

controls. The arrangement should be based on verification of equivalence of the security outcome ensured

by the application of effective security controls of origin.

(e) the authority shall make the final determination for the incorporation of security considerations into the design and construction of new facilities and alterations to existing facilities at airports serving civil aviation

(f) The Authority shall where practicable, utilize intelligence/information pertaining to the level and nature of threat to civil aviation operations as part of a regular security risk assessment for civil aviation with a view to adjusting relevant elements of the security measures established in the National Civil Aviation Security programme

29.020 POWER TO ACCESS & INSPECT AIRPORT, AIRCRAFT & OPERATOR’S PREMISES

(a) The Authority shall have free and unobstructed access at all times to an airport, an aircraft operating from

or within Rwanda, and the premises of an operator within Rwanda, for the purpose of inspecting security

operations or to carry out security inspections and surveys, safety and security audits and testing function.

29.025 POWER OF AUTHORITY TO ISSUE ORDERS, CIRCULARS & DIRECTIVES

(a) The Authority may make and issue orders, circulars and directives prescribing any aviation security matter

which, under these Regulations, is to be prescribed, and generally for the better carrying out or enhancing

of the objects and purposes of these Regulations.

29.030 AUTHORIZED PERSONS

(a) The Authority may, in writing, designate qualified persons, whether by name or by title of office, to be

authorized persons for the purposes of these Regulations and shall state the functions and limits of

operation of the authorized persons.

29.035 AIRPORT OPERATORS

(a) An operator of an airport serving civil aviation shall be responsible for coordinating the implementation of

security controls.

(b) Pursuant Aviation Security law, the primary objective of the Airport Security programme shall be to ensure

the safety of passengers, crew, ground personnel and the general public in all matters related to

safeguarding against acts of unlawful interference with civil aviation at the Airport.

(c) The Airport Security Programme shall be prepared in the following manner—

(1) a comprehensive written programme shall first be prepared, stating in clear, concise language what

duties and responsibilities, measures and procedures are to be undertaken and by whom, for each

type of security situation. Operational lines of succession shall be listed and notations made

concerning aid agreements and off-airport sources of assistance. The action required of each task

group shall be described under appropriate headings; and


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(2) specific component parts of the programme shall be studied by supervisors whose personnel are

required to take action in each security situation. These supervisors shall be required to produce

standard operating procedures (SOPs) or instructions.

(d) The Airport Security Programme shall provide for the incorporation of security features in the design of new airport facilities, particularly for those areas which on completion are likely to be vital to the continuity of operations.

(e) The Airport Security Programme shall contain information on the security equipment and its deployment and shall also make reference to calibration and testing procedures, which may be contained in standard operating procedures (SOPs).

(f) The Airport Security Programme shall also include or make reference to contingency plans of action/ emergency plans designed to deal with any situation likely to jeopardize air transport security at the airport.

(g) Once the draft Airport Security Programme is completed, it shall be reviewed and endorsed by the Airport Security Committee, established by the Prime Minister’s Order Nº122/03 of 30/04/2013, and then submitted for formal approval by the Authority.

(h) The approved Airport Security Programme shall be published and issued as a controlled document, with individual copy numbers and a register of authorized copy holders who shall sign to acknowledge receipt of the document.

(i) The Airport Security Programme copy holders shall be reminded of the document’s security classification and the restrictions that are imposed. All amendments to the Airport Security Programme shall be approved by the Authority.

(j) The operator of an airport serving civil aviation shall ensure that airport design requirements, including architectural and infrastructure-related requirements necessary for the implementation of the security measures in the national civil aviation security programme, are integrated into the design and construction of new facilities and alterations to existing facilities at airports.

(k) Facilities that require specific protection shall be identified as vulnerable points well in advance of an emergency, and the nature and extent of the protection shall be defined.

(l) The protection referred to in paragraph (l) shall fall into two categories:

(1) physical security measures and routine preventive security procedures; and

(2) contingency measures for a heightened threat or an emergency.

(m) Security measures and procedures shall be deployed in a manner to ensure that the most effective use is made of the available resources. Sources of additional staff and equipment resources available to assist in periods of higher than normal threat shall be identified and plans developed to access those resources when necessary.

(n) In accordance with the risk assessment carried out by relevant national or local authorities, ensure that appropriate measures on the ground or operational procedures are established to mitigate possible attacks against aircraft using Man-Portable Air Defense Systems (MANPADS) and other weapons representing a similar threat to aircraft at or near an airport.

29.040 AIRCRAFT OPERATORS

(a) The requirement for Aircraft Operator Security Programme referred to in the law relating to aviation

Security shall apply to—

(1) all commercial air transport operators providing service from Rwanda;

(2) each entity conducting general aviation operations, including corporate aviation operations, using

aircraft with a maximum take-off mass greater than 5 700 kg; and

(3) each entity conducting aerial work operations.

(b) The Aircraft Operator Security Programme shall contain operations features specific to the type of

operations conducted.


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(c) All operators providing service from Rwanda and participating in codesharing or other collaborative

arrangements with other operators shall notify the Authority of the nature of these arrangements, including

the identity of the other operators.

(d) The Aircraft Operator Security Programme shall be in accordance with the requirements prescribed in the

National Civil Aviation Security Programme.

(e) All amendments to the Aircraft Operator Security Programme shall be approved by the Authority.

29.045 AIR NAVIGATION SERVICE PROVIDERS SECURITY PROGRAMME. Air Navigation Service providers (ANSP) shall develop written security procedures on the security of their facilities and for response to acts of unlawful interference in accordance with the National Civil Aviation Security Programme

29.050 INTERNATIONAL COOPERATION

(a) The Authority shall:

(1) ensure that requests from authorities of other Contracting States for additional security measures in

respect of a specific flight(s) by operators of such other States are met, as far as may be practicable.

(2) cooperate with authorities other States in the development and exchange of information concerning

National Civil Aviation Security Programmes, Training Programmes and Quality Control Programmes,

as necessary.

(3) establish and implement procedures to share with authorities of other Contracting States threat

information that applies to the aviation security interests of those States, to the extent practicable.

(4) establish and implement suitable protection and handling procedures for security information shared

by authorities of other Contracting States, or security information that affects the security interests of

other Contracting States, in order to ensure that inappropriate use or disclosure of such information is

avoided.

(5) make available to other Contracting States on request a written version of the appropriate parts of

national civil aviation security programme.

(6) (Consider entering into collaborative arrangements with authorities of other Contracting States in

order to increase the sustainability of the aviation security system by avoiding unnecessary

duplication of security controls.

(b) The authority shall ensure that a clause related to aviation security is include in each bilateral agreements on

air transport, taking into account the security clause developed by International Civil Aviation Organization.

SUBPART B: SECURITY PROGRAMMES

29.055 NATIONAL CIVIL AVIATION SECURITY PROGRAMME

(a) Article 8 of the law relating to civil aviation Security establishes the National Civil Aviation Security

Programme.

(b) The National Civil Aviation Security Programme shall include the following matters—

(1) Programme objective

(2) Legislation

(3) allocation of responsibilities

(4) coordination and communications

(5) protection of airports, aircraft and air navigation facilities

(6) Security control of persons and items being placed on board

(7) security equipment (

(8) Personnel

(9) management of response to acts of unlawful interference

(10) quality control


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(11) adjustment of the programme and contingency plans

(c) The National Civil Aviation Security Programme shall be reviewed and updated as the need may arise and

at least once in each year.

29.060 NATIONAL CIVIL AVIATION SECURITY QUALITY CONTROL PROGRAMME

(a) With reference to the law relating to civil Aviation Security, a National Civil Aviation Security Programme

shall be developed for purposes of—

(1) determining and monitoring compliance with and validating the effectiveness of the National Civil

Aviation Security Programme;

(2) determining the adequacy and effectiveness of the National Aviation Security Programme through

audits, tests, surveys, inspections and exercises;

(3) ensuring that all persons who are assigned aviation security duties or responsibilities are verifiably

trained and instructed to carry out those duties

(4) ensuring that persons implementing security controls possess all competencies required to perform

their duties and are appropriately trained and certified;

(5) ensuring that each entity responsible for the implementation of relevant elements of the National Civil

Aviation Security Programme periodically verifies that the implementation of security measures

outsourced to external service providers is in compliance with the entity’s security programme;

(6) ensuring that acts of unlawful interference are investigated; and

(7) reviewing and re-evaluating security measures and controls immediately following an act of unlawful

interference.

(b) The National Civil Aviation Security Quality Control Programme shall contain appropriate methods, means

and procedures for—

(1) ensuring that the personnel carrying out security audits, tests, surveys and inspections are trained to

appropriate standards for these tasks in accordance with the National Civil Aviation Security

Programme;

(2) ensuring that the personnel carrying out security audits, tests, surveys and inspections are afforded

the necessary authority to obtain information to carry out those tasks, and to enforce corrective

actions;

(3) supplementing the National Civil Aviation Security Quality Control Programme by establishing a

confidential reporting system for analyzing security information provided by sources including

passengers, crew and ground personnel; and

(4) establishing a process to record and analyse the results of the National Civil Aviation Security Quality

Control Programme, to contribute to the effective development and implementation of the National

Civil Aviation Security Programme, including identifying the causes and patterns of non-compliance

and verifying that corrective actions have been implemented and sustained.

(c) The National Civil Aviation Security Quality Control Programme shall—

(1) provide for structures, responsibilities, processes and procedures that promote and establish an

environment and culture of continuing improvement and enhancement of aviation security; and the

means for ensuring that persons tasked with carrying out security duties do so effectively; and

(2) provide all persons assigned aviation security duties or responsibilities with direction for the effective

application of aviation security controls, to prevent acts of unlawful interference.


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(d) The Authority shall ensure that the management, setting of priorities and organization of the National Civil

Aviation Security Quality Control Programme is undertaken independently from the entities and persons

responsible for the implementation of the measures taken under the National Civil Aviation Security

Programme.

29.065 REGULATED AGENT SECURITY PROGRAMME

(a) With reference to the law relating to civil Aviation Security, a Regulated Agent Security Programme shall contain—

(1) provisions to meet the requirements of the National Civil Aviation Security Programme and these

Regulations; and

(2) provisions to respond to orders, circulars and directives issued by the Authority under Section 29.025;

(3) details of how the regulated agent plans to meet and maintain the requirements set out in the

Regulated Agent Security Programme;

(4) procedures for—

(i) ensuring that where screening of cargo and mail is conducted, screening is carried out using an

appropriate method or methods, taking into account the nature of the consignment;

(ii) ensuring the security of buildings, premises, transport facilities and access control;

(iii) recruitment and training of staff involved in the implementation of security controls;

(iv) physical separation of screened from unscreened cargo;

(v) action to be taken in the event cargo and mail the integrity of cargo and mail is jeopardized,

prior to carriage.

(vi) measures for the protection of cargo and mail from unauthorized interference, from the point

screening or other security controls are applied, until departure of the aircraft

(vii) incident reporting;

(5) any other matter prescribed by the Authority.

(b) Approval of Regulated Agent Security Programme shall be based on the supply chain security process,

which comprises management of applicable cargo and mail policies, procedures, and technology, as

stipulated in the NCASP to protect supply chain assets from acts of unlawful interference, theft, damage, or

terrorism, and to prevent the introduction of unauthorized contraband, people or weapons of mass

destruction into the supply chain.

(c) The regulated agent shall ensure that cargo and mail that have been confirmed and accounted for have

then been issued with a security status, either in an electronic format or in writing, to accompany the cargo

and mail throughout the secure supply chain.

(d) Without prejudice to Article 13 of the law relating to civil Aviation Security and Section 29.65(c), the authority

shall have rights to disqualify, suspend and revoke the regulated agent designation in the following events—

(1) Disqualification – hall result from an inability to meet the requirements for a regulated agent at the

application phase, and failure to maintain or implement security measures or procedures required by

the authority after administrative warnings or fines have been imposed;

(2) Suspension – shall result from a short-term inability to implement security controls required by the

authority, or a voluntary request by an entity to suspend its designation for a specified period or

permanently;

(3) Revocation – shall result from continuous violations of national requirements or the entity’s approved

regulated agent Security Programme, or the entity may no longer be involved in the handling,

processing or storage of air cargo.

(e) The Regulated Agent Security Programme shall be reviewed and updated as the need may arise and at

least once a year.


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29.070 In-flight CATERING OPERATOR SECURITY PROGRAMME

(a) 1Pursuant to Article 14 of the law relating to civil Aviation Security, a Catering Operator Security Programme shall contain—

(1) provisions to meet the requirements of the National Civil Aviation Security Programme and these

Regulations;

(2) details of how the catering operator intends to comply with, and maintain the requirements set out in

the Catering Operator Security programme;

(3) procedures for—

(i) ensuring that catering, stores and supplies intended for carriage on passenger aircraft are

subjected to appropriate security controls and thereafter protected until loaded onto the aircraft;

(ii) ensuring the security of buildings, premises and transport facilities;

(iii) recruitment and training of staff involved in the implementation of security controls;

(iv) reporting of incidents;

(4) any other matter prescribed by the Authority.

(b) An in-flight Catering Operator Security programme shall be set out in the manner prescribed in the

National Civil Aviation Security Programme.

(c) The Catering Operator Security Programme shall be reviewed and updated as the need may arise and at

least once a year.

SUBPART C: TRAINING PROGRAMMES

29.075 NATIONAL AVIATION SECURITY TRAINING PROGRAMME

(a) With reference to Article 16 of the law relating to civil Aviation Security, The Authority shall develop a

National Aviation Security Training Programme for personnel of all entities involved with or responsible for

the implementation of various aspects of the National Civil Aviation Security Programme including periodic

security awareness training for those authorized to have unescorted access to airside.

(b) The Authority shall co-ordinate the implementation of the National Aviation Security Training Programme

developed under paragraph (a).

(c) The Authority shall notify the entities concerned of the training requirements identified in the National

Aviation Security Training Programme for their implementation.

(d) The Authority shall ensure the development and implementation of certification programmes for screeners

and instructors in accordance with the National Civil Aviation Security Programme

(e) Person shall not operate a training center whose purpose is to provide civil aviation security training in

accordance with these regulations and the National Civil Aviation Security Training Programme without an

Approved Training Organization certificate issued by the Authority.

29.080 OPERATOR AVIATION SECURITY TRAINING PROGRAMME

(a) Every operator shall develop and implement an Aviation Security Training Programme to ensure the

effective implementation of their respective security operations; and the training programme shall conform

with the requirements of the National Aviation Security Training Programme and these Regulations.

(b) A training programme referred to in paragraph (a) shall include—

(1) Training of appropriate employees, taking into account human factors principles and human

performance; and

(2) training 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 aircraft


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to enable them to contribute to the prevention of acts of sabotage, unlawful seizure of aircraft or other

forms of unlawful interference and to minimize the consequences of such events should they occur.

(3) A training programme referred to in paragraph (a) shall be submitted to the Authority for approval in

accordance with the procedure prescribed in Sections 29.085 and 29.090.

29.085 APPLICATION

(a) Where a Security Programme is required to be approved by the Authority for approval of security

programme under Sections 29.035, 29.040, 29.055, 29.060, 29.065, 29.070, 29.075 and 29.080 of these

Regulations, the applicant shall—

(1) submit the Programme to the Authority, ensuring that it meets the requirements of the National

Aviation Security Programme, these Regulations and any other relevant law; and

(2) pay the fee prescribed by the Authority.

(3) a Security Programme submitted to the Authority for approval under this regulation shall be in

duplicate and signed by the applicant or on behalf of the applicant.

29.090 APPROVAL OF SECURITY PROGRAMME

(a) Where the Authority is satisfied that a Security Programme submitted under Section 29.085, meets the

requirements of these Regulations, the National Civil Aviation Security Programme and any other relevant

law, the Authority shall, within thirty days after receipt of the Programme, approve the security programme.

(b) Where the Authority determines that a Security Programme submitted under Section 29.085 does not meet

the requirements of these Regulations, the National Civil Aviation Security Programme or relevant law, the

Authority shall, within thirty days after receipt of the Programme, direct the applicant to modify and resubmit

the Security Programme to the Authority within thirty days after receipt of the Programme by the applicant.

(c) Where the Authority is satisfied that a Security Programme re-submitted under paragraph (b) meets the

requirements of these Regulations, the National Civil Aviation Security Programme and any other relevant

law, the Authority shall, within fifteen days, after receipt of the Programme, approve the security

programme.

29.095 CHANGED CONDITIONS AFFECTING SECURITY

(a) Where a Security Programme has been approved under Section 29.090, the operator, where applicable,

shall comply with the procedure prescribed by paragraph (b), whenever the operator determines that—

(1) any description of the area set out in the Security Programme is no longer accurate;

(2) Any description of the operations set out in the Security Programme is no longer accurate, or that the

procedures included, and the facilities and equipment described in the Security Programme are no

longer adequate.

(b) Whenever a situation described in paragraph (a) occurs, the operator, where applicable shall

(1) immediately notify the Authority of the changed conditions, and identify each interim measure being

taken to maintain adequate security until approval is granted for an appropriate amendment of the

security programme; and

(2) within thirty days after notifying the Authority in accordance with paragraph (a), submit for approval, in

accordance with the procedure prescribed by Section 29.085, an amendment to the Security

Programme to bring it into compliance with these Regulations.

(c) The Authority shall, where an amendment to a security programme is submitted to it under paragraph

(b)(2), approve the amendment in accordance with the procedure prescribed by Section 29.090.


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29.100 POWER OF AUTHORITY TO DIRECT AMENDMENT OF SECURITY PROGRAMME

(a) Where the Authority determines that an operator’s security programme requires amendment, the Authority

may direct the respective operator to amend the security programme and submit it to the Authority for

approval.

(b) The Authority shall, where an amended security programme is submitted to it under paragraph (a), approve

the security programme in accordance with the procedure prescribed by Section 29.090.

SUBPART D: PREVENTIVE SECURITY MEASURES

29.105 AIRPORT SECURITY ACCESS CONTROL TO SECURITY RESTRICTED AREAS

(a) An airport operator shall ensure that identification systems are established in respect of persons and

vehicles in order to prevent unauthorized access to airside areas and security restricted areas.

(b) Background checks shall be conducted on persons other than passengers granted unescorted access to

security restricted areas of the airport prior to granting access to security restricted areas.

(c) Background checks referred to in paragraph (b) shall be reapplied on a regular basis to all persons granted

unescorted access to security restricted areas.

(d) Identity of persons and vehicles shall be verified at designated checkpoints before access is allowed to

airside areas and security restricted areas.

(e) An airport operator shall ensure that the movement of persons and vehicles to and from the aircraft is

supervised in security restricted areas in order to prevent unauthorized access to aircraft.

(f) An airport operator shall ensure that persons other than passengers, together with items carried, prior to

entry into airport security restricted areas serving civil aviation operations, are subject to screening and

security controls.

(g) An airport operator shall ensure that vehicles being granted access to security restricted areas, together

with items contained within them, are subject to screening or other appropriate security controls in

accordance with a risk assessment carried out by the relevant national authorities.

(h) An airport operator shall use of random and unpredictable security measures to contribute to the deterrent

effect of security measures.

(i) An airport operator shall ensure that various components of the practical implementation of aviation security

measures, including equipment, personnel and procedures are tested regularly in order to monitor the

effectiveness of the security measures in place.

(j) An airport operator shall carry out periodic inspections and audits of aviation security measures to

determine that the terms and provisions of approved security programmes are being correctly applied.

(k) An airport operator shall ensure that exercises, designed to test aviation security measures shall be

developed and carried out to determine the effectiveness of procedures and contingency plans and for the

management of response to acts of unlawful interference.

(l) The Authority shall ensure that identity documents issued to aircraft crew members provide a harmonized

and reliable international basis for recognition and validation of documentation to permit authorized access

to airside and security restricted areas by conforming to the prescribed specifications.

(m) integrate behavior detection into its aviation security practices and procedures

29.110 AIRPORT SECURITY CONTROLS

(a) An airport operator shall maintain and carry out security measures and procedures including identification

and resolution of suspicious activity that may pose a threat to civil aviation at the airport for the purpose of


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protecting passengers, crew members, aircraft, airports and aviation facilities and preventing acts of

unlawful interference and ensuring that appropriate action is taken when an act of unlawful interference

occurs or is likely to occur.

(b) Every operator of an airport serving civil aviation shall be responsible for the security of facilities and

employment of security equipment, where appropriate, to the extent operationally, technically and

financially practicable, to achieve civil aviation security objectives and shall—

(1) institute and maintain measures including the use of random and unpredictable security measures to

prevent weapons, explosives or any other dangerous device which may be used to commit an act of

unlawful interference, the carriage or bearing of which is not authorized, from being introduced, by any

means, on board an aircraft engaged in civil aviation;

(2) ensure that—

(i) access to airside areas at the airport is controlled in order to prevent unauthorized entry;

(ii) security restricted areas are established at the airport, in accordance with Section 29.115;

(iii) architectural and infrastructure related requirements necessary for the optimum implementation

of security measures under the National Civil Aviation Security Programme are integrated into

the design and construction of new facilities and alterations to existing facilities at airports;

(iv) landside areas are identified and security measures are established to mitigate the risk of and

prevent possible acts of unlawful interference in accordance with national and local risk

assessments carried out by the relevant authorities;

(v) persons engaged to implement security controls are subject to background check.

However, security personnel drawn from Rwanda National Police and Rwanda Defense

Forces shall be exempted from such background checks.

(vi) s and selection procedures, are capable of fulfilling their duties and are adequately

trained;

(vii) originating passengers and crew, and their baggage are screened before accessing restricted

areas and before boarding an aircraft engaged in commercial air transport operations;

(viii) originating hold baggage is screened before being loaded into an aircraft engaged in

commercial air transport operations;

(ix) all hold baggage to be carried on aircraft engaged in commercial air transport is protected from

unauthorized interference from the point it is screened or accepted into the care of the carrier,

whichever is earlier, until departure of the aircraft on which it is to be carried; and that where the

integrity of hold baggage is jeopardized, the hold baggage is re-screened before being placed

on board an aircraft;

(x) commercial air transport operators do not transport the baggage of passengers who are not on

board the aircraft unless that baggage is identified as unaccompanied and subjected to

additional screening subsequent to it being established as unidentified;

(xi) transfer hold baggage is screened before being loaded into an aircraft engaged in commercial

air transport operations, unless the airport operator has established a validation process and

continuously implements procedures, in collaboration with the other Contracting State where

appropriate, to ensure that such hold baggage has been screened at the point of origin and

subsequently protected from unauthorized interference from the originating airport to the

departing aircraft at the transfer airport;

(xii) commercial air transport operators only transport items of hold baggage which have been

individually identified as accompanied or unaccompanied, screened to the appropriate standard

and accepted for carriage on that flight by the air carrier and that all such baggage is recorded

as meeting these criteria and is authorized for carriage on that flight;

(xiii) transfer and transit passengers and their cabin baggage are subjected to adequate security

controls to prevent unauthorized articles from being taken on board aircraft engaged in civil

aviation;

(xiv) there is no possibility of mixing or contact between passengers subjected to security control


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and other persons not subjected to such control after the security screening points at airports

serving civil aviation have been passed; and that where mixing or contact does take place, the

passengers concerned and their cabin baggage are re-screened before boarding an aircraft;

(xv) the persons carrying out security controls are certified according to the requirements of the

National Civil Aviation Security Programme;

(xvi) luggage or personal belongings left unattended at an airport are subjected to appropriate

security controls and disposal procedures;

(xvii) persons other than passengers, together with their items being granted access to security

restricted areas shall be screened or subjected to other security controls, including but not

limited to proportional screening, randomness and unpredictability in accordance with a risk

assessment carried out by relevant national authorities

(xviii) vehicles being granted access to security restricted areas, together with items contained within

them, shall be screened or subjected to other appropriate security controls in accordance with a

risk assessment carried out by the relevant national authorities

(xix) measures are established to ensure that merchandise and supplies introduced into security

restricted areas are subjected to appropriate security controls, including screening where

applicable

(xx) Where practicable, in order to improve efficiency, modern screening or examination techniques

shall be used to facilitate the physical examination of goods to be imported or exported.

(3) establish—

(i) storage areas where mishandled baggage may be held after screening until forwarded, claimed

or disposed of;

(ii) bomb disposal areas where detected explosives may be disposed of;

(iii) person and vehicle identification systems;

(4) institute and implement adequate security controls, including background checks on persons other

than passengers granted unescorted access to security restricted areas of the airport;

(5) provide adequate supervision over the movement of persons and vehicles to and from the aircraft in

order to prevent unauthorized access to aircraft;

(6) investigate, render safe and dispose of, if necessary, suspected sabotage devices or other potential

hazards at the airport;

(7) employ and deploy suitably trained personnel to assist in dealing with suspected or actual cases of

unlawful interference with civil aviation;

(8) conduct a full scale contingency exercise that incorporates security scenarios at least once in every

three years;

(9) conduct a table top contingency exercise at least once a year.

29.115 SECURITY RESTRICTED AREAS & AIRPORT SECURITY PERMITS

(a) The Authority, in conjunction with the airport operator and other responsible persons concerned, shall

identify areas where, based on a security risk assessment carried out by the Authority, operations vital to

the continued safe operation of civil aviation in Rwanda are carried out, and designate those areas as

security restricted areas.

(b) A security restricted area shall—

(1) be marked and protected through physical or personnel protective measures or through a

combination of physical and personnel protective measures to prevent unauthorized access to it;

(2) be separated from public or non-security restricted areas by an appropriate physical barrier; and

(3) be inspected at regular intervals.


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(c) Authorized access to a security restricted area at every airport and designated off airport facilities serving

commercial air transport operations shall be controlled through the issuance of airport security permits.

(d) A person issued with an airport security permit under this regulation shall use it while on duty and properly display it at all times as prescribed in the relevant Airport Security Programme.

(e) The Airport Operator shall specify the recognized places of entry through the security restricted area barrier

and ensure that the area has adequate physical protection, of at least the same quality as the barrier itself,

or is enough to prevent unauthorized access.

(f) An airport operator shall keep, at the airport, a current scale map of the airport identifying security restricted

areas, security barriers and security restricted area access points.

(g) An airport operator or a person in charge of any other restricted area mentioned in Section 25.115(c) shall

not issue a restricted area permit to a person unless the person:

(1) applies in writing;

(2) is sponsored in writing by his/her employer;

(3) fulfills other requirements by the Airport Operator

(h) An airport operator or a person in charge of any other restricted area mentioned in Section 25.115(c) shall

ensure that the following information is displayed on each restricted area identity card that it issues, in

addition to any other requirements deemed necessary for the security of the restricted areas:

(1) the full name of the person to whom the card is issued;

(2) the height of the person to whom the card is issued;

(3) a photograph depicting a frontal view of the face of the person to whom the card is issued;

(4) the expiry date of the card;

(5) the name of the airport where the card is issued;

(6) the name of the employer of the person to whom the card is issued if that person has a single

employer;

(7) the terms "multi-employer" if the person to whom the card is issued has more than one employer;

(8) the occupation of the person to whom the card is issued if that person has a single occupation; and

(9) the terms "multi-occupation" if the person to whom the card is issued has more than one occupation.

(i) n employer shall not—

(1) sponsor an employee who does not require ongoing access to restricted areas in the course of their

employment; or

(2) knowingly sponsor an employee for more than one restricted area identity card at a time.

(j) The employer of a person to whom a restricted area identity card has been issued shall immediately notify

the airport operator or a person in charge of any other restricted area mentioned in Section 25.115(c) that

issued the card if the person ceases to be an employee or no longer requires ongoing access to restricted

areas in the course of his or her employment.

(k) An airport operator or a person in charge of any other restricted area mentioned in Section 25.115(c) shall

not issue more than one restricted area identity card at a time to a person.

(l) person shall not enter or remain in a restricted area unless the restricted area pass issued to the person is

visibly displayed on the person's outer clothing.

(m)A person shall not enter or remain in a restricted area with a vehicle unless the said vehicle has a permit

which shall—

(1) be permanently displayed in a prominent and visible position on the vehicle; and

(2) contain, in addition to any other requirements deemed necessary for the security of the restricted

areas:

(i) the registration number of the vehicle;


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(ii) the owner/operator logo of the vehicle;

(iii) the validity period;

(iv) the security restricted areas for which the permit is valid;

(v) the access gates which the vehicle is allowed to use; and

(vi) the name of the organization to which the vehicle belongs.

(n) An airport operator and the person in charge of any other restricted area referred to in Section 29.115(c)

shall ensure that drivers of vehicles issued with restricted area vehicle permits are qualified to drive the

appropriate class of vehicle and have been given instruction in all safety requirements for the operation of a

vehicle airside

(o) The holder of a restricted area pass who refuses to submit to an authorized search of their person or goods

or other things in their possession or control or a vehicle under their care or control when requested to do

so by a screening officer shall, on demand, surrender the restricted area pass to the screening officer

making the demand.

(p) Designated authorities responsible for controlling access to security restricted areas shall—

(1) specify the recognized places of entry through the security restricted area barrier and ensure that the

area has adequate physical protection, of at least the same quality as the barrier itself, or is enough to

prevent unauthorised access; and

(2) integrate behaviour detection into its aviation security practices and procedures.

29.120 AIRPORT BOUNDARY

(a) An airport operator shall ensure that—

(1) the airport has a conspicuous physical barrier or means of indicating the airport boundary with posted

signs in at least English, and Kinyarwanda bearing a warning to prevent incursions and trespassing.

The signs posted on each security barrier shall be no more than 150 metres apart.

(2) measures are in place for the continuous protection and monitoring of the integrity of the perimeter to

prevent incursions and trespassing.

29.125 CARRIAGE OF FIREARMS, EXPLOSIVES OR INCENDIARY MATERIALS IN AIRPORT

PREMISES

(a) Without prejudice to Article 29 of law relating to Civil Aviation Security, an Airport Operator may allow a

person to carry or have access to explosive substances or incendiary devices at an airport if—

(1) the explosive substances or incendiary devices are to be used at the Airport premises:

(i) for excavation, demolition or construction;

(ii) in fireworks displays;

(iii) by persons operating explosives detection equipment or handling explosive detection dogs;

(iv) by a police service; or

(v) by military personnel; and

(2) the Airport Operator has reasonable grounds to believe that the safety of the Airport and persons and

aircraft at the Airport will not be jeopardized by the presence of the explosive substances or incendiary

devices at the airport.

(b) A person who is transporting explosive substances or incendiary devices or tendering them for

transportation by an air carrier may have access to them at an airport.

(c) A person may transport or tender for transportation by an air carrier on board an aircraft explosive

substances or incendiary devices if the person notifies the air carrier before the explosive substances or

incendiary devices arrive at the airport premises

(d) A person who is at an airport or on board an aircraft shall not falsely declare that—


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(1) they are carrying a weapon, an explosive substance, an incendiary device or other dangerous item

that could be used to jeopardize the security of an Airport or aircraft or that such an item is contained

in goods or other things in their possession or control or in a vehicle under their care or control that

they have tendered or are tendering for screening or transportation; or

(2) another person who is at the Airport or on board an aircraft is carrying a weapon, an explosive

substance, an incendiary device or other dangerous item that could be used to jeopardize the security

of an Airport or aircraft or that such an item is contained in goods or other things in that person's

possession or control or in a vehicle under their care or control and is being tendered or has been

tendered for screening or transportation.

(e) Subject to Section 12.260 of the Civil Aviation (AOC Certification and Administration) Regulations, a person

shall not transport or tender for transportation by an air carrier goods that contain a loaded firearm.

(f) Subject to paragraph (c) of this regulation, a person shall not transport or tender for transportation by an air

carrier goods that contain an explosive substance or an incendiary device.

29.130 CONTROL OF ACCESS BY TENANTS

(a) The airport operator shall ensure that tenants whose premises or facilities form part of the landside or

airside boundary through which access can be gained to the airside are responsible for control of access

through their premises, and shall carry on business in compliance with the Airport Operator Security

Programme.

(b) In paragraph (a), "tenants" means—

(1) individuals or businesses granted a licence or other permit by the airport operator to conduct business

operations at the airport, including concessionaires, cargo handlers, caterers, tour operators, taxi and

bus operators, porters, aircraft maintenance organisations and fuel companies; and

(2) Government authorities and agencies at the airport, including customs, immigration, health,

agriculture and meteorology.

29.135 OPERATOR & SCREENING PROCEDURES

(a) An Airport Operator shall not allow a passenger, a crew member, airport staff and other non-passengers to

pass through the security screening point into a restricted area unless the said persons and all items carried

by them have been screened in accordance with the Screening procedures issued by the Authority; provided

that—

(1) the Authority may notify a special procedure for handling Heads of States and Heads of Foreign

Mission, and diplomatic pouches; and

(2) the material that is classified by appropriate agencies of Government shall be inspected only to the

extent necessary to assure the absence of weapons or dangerous articles, except that if any question

regarding safety remains, said classified material shall not be admitted in the restricted area and shall

not be transported by an air carrier.

(b) A person who refuses to submit to an authorized search of their person or goods or other things in their

possession or control, or a vehicle under their care or control when requested to do so by a screening

officer shall not enter into or remain inside a restricted area.

(c) A security officer, the manager of an Airport or a person acting on his behalf may use reasonable force to

remove a person who fails to comply with a request under paragraph (b).

(d) A person who shall be screened under the National Aviation Security Programme shall not circumvent a

screening of their person or goods or other things in their possession or control or a vehicle under their care

or control or assist another person who shall be screened in circumventing a screening of that person or

goods or other things in that person's possession or control or a vehicle under that person's care or control.


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(e) A person who does not need to be screened under the National Aviation Security Programme shall not

assist another person who shall undergo a screening of their person or goods or other things in their

possession or control or a vehicle under their care or control in circumventing screening.

29.140 INFORMING THE AIRPORT OPERATOR OF THREAT AGAINST AIRPORT

(a) Where a person authorized to conduct any screening activity at an airport is made aware of a threat against

the airport, that person shall—

(1) immediately notify the airport operator of the nature of the threat; and

(2) assist the airport operator in determining whether the threat affects the security of the airport.

29.145 AIRPORT OPERATOR TO TAKE MEASURES IN EVENT OF THREAT

(a) Where an airport operator determines that there is a threat that affects the security of the airport, the airport

operator shall immediately take all measures necessary to ensure the safety of the airport and persons at

the airport, including informing the relevant parties of the nature of the threat.

(b) An airport operator upon assessment and determination of a credible bomb threat shall immediately inform

the Authority of the bomb threat against an airport and its facilities, or an aircraft.

29.150 DISCOVERY OF WEAPONS, INCENDIARY DEVICES OR EXPLOSIVES AT AIRPORT

(a) An airport operator shall immediately notify the Authority when there is—

(1) discovery, at the airport, of a weapon other than a firearm allowed under Article 22 of the law relating to civil aviation Security;

(2) discovery, at an airport of ammunition other than ammunition allowed under Article 22 of the law relating to civil aviation Security.

(3) discovery, at the airport, of an explosive substance or an incendiary device, other than an explosive

substance or incendiary device allowed under Article 22 of the law relating to civil aviation Security; or

(4) an explosion at the airport, unless the explosion is known to be the result of an excavation, a

demolition, construction or the use of fireworks displays.

29.155 AIRPORT OPERATOR TO SUBMIT PLANS BEFORE RENOVATION & EXPANSION WORKS

(a) Notwithstanding Section 29.110(b)(2)(iii), an airport operator shall, before the implementation of any

renovation, remodeling or expansion works at the airport, or the construction of new or additional airport

facilities, submit to the Authority for its approval, the plans for the renovation and expansion works.

(b) The Authority shall, in approving the plans submitted to it under paragraph (a), assess the plans to ensure

that security considerations are properly addressed and that the needs of aviation security are integrated in

the configuration of the works.

29.160 RECORD KEEPING BY OPERATORS

(a) A record required to be kept under Article 25 of the law relating to civil aviation Security shall—

(1) be kept for a minimum of ninety days;

(2) be submitted to the Authority within thirty days after the occurrence of the incident; and

(3) where relevant, include—

(i) the number and type of weapons and incendiary devices discovered during any passenger

screening process and the method of detection of each;

(ii) the number of acts and attempted acts of unlawful interference;

(iii) the number of bomb threats received, real and simulated bombs found and actual bombings or

explosions at the airport; and

(iv) The number of detentions and arrests and the immediate disposition of each person detained or

arrested.

(4) The Airport operator and any person designated by the airport operator or the person in charge of any

other restricted area mentioned in Section 29.115(c) to issue restricted area passes or keys shall—


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(5) keep at the airport or at the other restricted areas mentioned in Section 29.105(a) updated records of

the passes and keys that have been issued for use at the airport or the other restricted areas

mentioned in Section 29.115(c), respecting—

(i) restricted area identity cards and keys that have been issued;

(ii) the names of the persons to whom restricted area identity cards or keys have been issued;

(iii) the names of the persons to whom combination codes or personal identification codes have

been assigned;

(iv) blank restricted area identity cards in the airport operator's possession;

(v) restricted area identity cards that have been deactivated;

(vi) keys, combination codes or personal identification codes that have been cancelled, removed or

taken back;

(vii) deactivated restricted area identity cards that have not been retrieved by the airport operator;

(viii) restricted area identity cards that have been reported as lost or stolen.

(ix) steps taken to retrieve deactivated Security Restricted area permits; and provide the record to the Authority

29.165 RESPONSIBILITIES OF AIRCRAFT OPERATORS

(a) An aircraft operator providing service from Rwanda shall not—

(1) transport the baggage of a passenger who is not on board the aircraft unless that baggage is subjected

to appropriate security controls, including screening, after determining that the person is not on board;

(2) accept consignments of cargo, courier and express parcels or mail, inflight catering and stores,

company mail and materials for carriage on passenger flights, unless the security of the consignments

is accounted for by a regulated agent, or the consignments are subjected to security controls to meet

the appropriate security requirements.

(b) An aircraft operator providing service in or from Rwanda shall-—

(1) carry out and maintain, at an airport, on an aircraft and at any aviation facility under the control of the

operator, security measures including identification and resolution of suspicious activity that may pose

a threat to civil aviation, and any other measures prescribed in the National Civil Aviation Security

Programme and the Airport Security Programme;

(2) ensure that—

(i) all its appropriate personnel are familiar with, and comply with the requirements of the National

Civil Aviation Security Programme;

(ii) evaluation of travel documents presented by passengers, is conducted in order to deter fraud

and abuse and;

(iii) necessary precautions are taken at the point of embarkation to ensure that passengers are in

possession of valid documents prescribed by the state of transit and destination for control

purposes.

(iv) all its aircraft carry a checklist of the procedures to be complied with for that type of aircraft in

searching for concealed weapons, explosives or other dangerous devices.

(3) be responsible for the security of his or her aircraft;

(4) ensure that persons engaged to implement security controls are subject to background checks and

selection procedures, are capable of fulfilling their duties and are adequately trained; and


than passengers granted unescorted access to security restricted areas of the airport.

(6) institute measures to identify and remove any items:

(i) before departure of an aircraft engaged in commercial flights;

(ii) after passengers have disembarked from an airport engaged in commercial flights;

(iii) left behind by passengers disembarking from transit flights.”


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(7) conduct aircraft security checks and searches of originating aircraft

(8) ensure that an aircraft subject to a security check or search is protected from unauthorized interference, from the time the aircraft check or search has commenced, until the aircraft departs.

(9) develop procedures to ensure that an aircraft subject to a security check or search is protected from unauthorized interference, from the time the aircraft check or search has commenced, until the aircraft departs.

(10) Ensure that its security personnel with the responsibilities that require certification as per the national civil aviation security training programme are duly certified by the Authority.

29.170 SPECIAL PROTECTION FOR AIRCRAFT

(a) An aircraft operator may, notwithstanding Section 29.165(b)(3), request for special protection of an aircraft

from an airport operator.

(b) Where special protection is offered to an aircraft operator under paragraph (a), the protection shall be on

terms and conditions determined by the airport operator.

29.175 CONTROL OF PROHIBITED ITEMS

(a) No person shall, subject to Section 29.115, possess or have with him or her a prohibited item while—

(1) in a security restricted area;

(2) on board an aircraft; or

(3) in an air navigation installation.

(b) The prohibited items referred to in paragraph (a) include—

(1) firearms or articles appearing to be firearms, whether or not they can be discharged;

(2) nuclear, chemical or biological agents adapted, or capable of being used or causing injury to or

incapacitating persons or damaging or destroying property;

(3) ammunition and explosives;

(4) articles manufactured or adapted to have the appearance of explosives, whether in the form of a

bomb, grenade or otherwise;

(5) articles made or adapted for causing injury to or incapacitating persons or damaging or destroying

property; and

(6) any other dangerous article or substance or other item prescribed by the Authority from time to time.

29.180 CONTROL OF ACCESS TO FLIGHT CREW COMPARTMENT

(a) An aircraft operator engaged in commercial air transport shall—

(1) where an aircraft is equipped with a flight crew compartment door, ensure that the door is lockable

from the flight crew compartment only and remains locked during flight, except to permit access and

exit by authorized persons; and

(2) where an aircraft is not equipped with a flight crew compartment door, ensure the implementation of

measures as appropriate to prevent unauthorized persons from entering the flight crew compartment

during flight

29.185 CONTROL OF SPECIAL CATEGORIES OF PASSENGERS

(a) Law enforcement officers shall inform the aircraft operator and the pilot in command when passengers are

obliged to travel because they have been the subject of judicial or administrative proceedings, in order that

appropriate security controls can be applied.

(b) The aircraft operator shall inform the pilot in command of the number of armed or unarmed escort persons,

the individuals whom they are escorting and their seat locations in the aircraft.

(c) An air carrier shall not transport a person suffering from a mental illness that is deemed to be a threat to the

safety of a flight, unless—

(1) that person is accompanied by an attendant physically capable of coping with untoward actions by

that person during the flight and skilled in administering sedatives as required and authorized by an

appropriate doctor; and


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(2) if that person requires sedation prior to departure, each portion of the flight should last no longer than

the effective duration of the sedative administered.

(d) The carriage of weapons on board aircraft by law enforcement officers and other authorized persons, acting

in the performance of their duties, shall be in accordance Article 30 of the law relating to civil aviation

Security.

(e) The Authority may—

(1) approve, in writing, the carriage of weapons on board aircraft by law enforcement officers and other

authorized persons acting in the performance of their duties;

(2) consider requests by any other State to allow the travel of armed personnel on board aircraft of the

requesting State, except that the Authority shall not allow the travel of armed personnel under this

regulation unless there is an agreement between both States on such travel.

(f) Notwithstanding paragraph (b), an aircraft operator may allow or refuse the carriage of weapons on board

an aircraft in accordance with conditions issued by the Authority.

(g) Where an aircraft operator accepts the carriage of weapons removed from passengers, the aircraft shall

have provision for stowing the weapons so that they are inaccessible to passengers during flight time and,

in the case of a firearm, to ensure that it is not loaded.

(h) Where Rwanda decides to deploy in-flight security officers—

(1) the officers shall be government personnel who are specially selected and trained, taking into account

the safety and security aspects on board an aircraft; and

(2) (b) the officers shall be deployed according to the threat assessment of the Authority.

(i) The deployment under paragraph (e) shall be done in co-ordination with concerned States and shall be

kept strictly confidential.

29.190 AUTHORISED CARRIAGE OF WEAPONS ON BOARD AIRCRAFT

(a) The carriage of weapons on board aircraft by law enforcement officers and other authorized persons, acting

in the performance of their duties, shall be in accordance Article 30 of the law relating to civil aviation

Security.

(b) The Authority may—

(1) approve, in writing, the carriage of weapons on board aircraft by law enforcement officers and other

authorized persons acting in the performance of their duties;

(2) consider requests by any other State to allow the travel of armed personnel on board aircraft of the

requesting State, except that the Authority shall not allow the travel of armed personnel under this

regulation unless there is an agreement between both States on such travel.

(c) Notwithstanding paragraph (b), an aircraft operator may allow or refuse the carriage of weapons on board

an aircraft in accordance with conditions issued by the Authority.

(d) Where an aircraft operator accepts the carriage of weapons removed from passengers, the aircraft shall

have provision for stowing the weapons so that they are inaccessible to passengers during flight time and,

in the case of a firearm, to ensure that it is not loaded.

(e) Where Rwanda decides to deploy in-flight security officers—

(1) the officers shall be government personnel who are specially selected and trained, taking into account

the safety and security aspects on board an aircraft; and

(2) the officers shall be deployed according to the threat assessment of the Authority.

(f) The deployment under paragraph (e) shall be done in co-ordination with concerned States and shall be

kept strictly confidential.

29.195 CONDITIONS FOR ACCEPTANCE OF GOODS FOR AIR TRANSPORTATION

(a) A regulated agent shall, before accepting goods for transport in an aircraft—

(1) establish and register the name and address of the consignor;

(2) establish the credentials of the person who delivers the goods as an agent of the consignor;


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(3) ensure, on the basis of appropriate security controls or security screening, that such goods do not

contain any prohibited items;

(4) ensure the safeguarding of such goods from unauthorized interference after acceptance;

(5) ensure the goods are received by staff who are properly recruited and trained; designate a person to implement and supervise the screening process;

(6) ensure that the following categories of goods are not carried by air unless they have been subjected

to screening—

(i) unaccompanied baggage;

(ii) goods from unknown consignors;

(iii) goods for which the contents do not coincide with the description delivered; and

(7) ensure that each shipment of goods is accompanied by documentation providing the statement of the

security status of the shipment.

(b) A regulated agent who offers goods to an aircraft operator for transport by aircraft shall produce and make

available to the aircraft operator, and the Authority on demand, shipping documents, records of goods

accepted and offered for air transport, employee training records and airway bills.

(c) A regulated agent shall make available to the Authority, a report of any incident where a shipping document

did not provide an accurate record of the goods being offered for air transport.

(d) All cargo and mail intended for carriage on civil aviation flights shall be subjected to appropriate security

controls by airport operators and regulated agents before being placed on board an aircraft.

29.200 CONDITIONS FOR ACCEPTANCE OF BAGGAGE, GOODS, COMAT & COMAIL FOR AIR

TRANSPORTATION

(a) For the purpose of protecting passengers, crew members, aircraft and airports and preventing acts of

unlawful interference with civil aviation, every regulated agent shall establish measures to ensure that—

(1) only screened baggage is loaded into aircraft engaged in civil aviation;

(2) all hold baggage to be carried on commercial aircraft is protected from unauthorised interference from

the point it is screened or accepted into the care of the carrier, whichever is earlier, until departure of

the aircraft on which it is to be carried; and that if there are grounds to suspect that the integrity of hold

baggage may be jeopardised, the hold baggage is re-screened before being placed on board an

aircraft;

(3) persons engaged to implement security controls are subject to background checks and selection

procedures, are capable of fulfilling their duties and are adequately trained; and

(4) the regulated agent institutes and implements adequate security controls, including background

checks on persons other than passengers granted unescorted access to security restricted areas.

(5) COMAT and COMAIL are subjected to appropriate security controls prior to placement on board an

aircraft engaged in passenger commercial flights.

(6) all cargo and mail to be carried on a commercial aircraft is protected from unauthorized interference

from the point of screening or other security controls are applied until departure of the aircraft on which

it is to be carried; and if there are grounds to suspect that the integrity of cargo and mail may be

jeopardized, the cargo and mail is re-screened before being placed on board an aircraft.

(7) enhanced security measures apply to high-risk cargo and mail to appropriately mitigate the threats

associated with it.

29.205 SECURITY MEASURES TO BE TAKEN BY AIRCRAFT OPERATORS

(a) The aircraft operator is responsible for ensuring that appropriate security controls have been carried out,

and in so doing, the aircraft operator shall—

(1) not accept cargo or mail for carriage on an aircraft engaged in commercial air transport operations

unless the application of screening or other security controls is confirmed and accounted for by a

regulated agent, or an entity that is approved by the Authority.

(2) ensure that cargo and mail which cannot be confirmed and accounted for by a regulated agent or an

entity that is approved by the Authority shall be subjected to screening;


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(3) protect the consignment from unlawful interference while it is in the custody of the aircraft operator; (4) ensure that all consignments have been secured to an appropriate level before being placed in the

aircraft;

(5) ensure that where screening of cargo and mail is conducted, screening is carried out using an

appropriate method or methods, taking into account the nature of the consignment; and

(6) ensure that all consignments placed on board the aircraft are recorded on the aircraft manifest.

(7) ensure that cargo and mail that has been confirmed and accounted for shall then be issued with a

security status which shall accompany, either in an electronic format or in writing, the cargo and mail

throughout the secure supply chain.

(8) ensure that transfer cargo and mail has been subjected to appropriate security controls prior to being

loaded on an aircraft engaged in commercial air transport operations departing from its territory.

(b) The aircraft operator may delegate any of the functions under paragraph (a) to a regulated agent.

(c) For the avoidance of doubt, notwithstanding the delegation of any functions to a regulated agent under

paragraph (b), the aircraft operator shall remain responsible for ensuring that the appropriate security

controls have been carried out.

(d) The aircraft operator or the regulated agent shall ensure that all consignments due to be loaded into an

aircraft are—

(1) delivered by an established employee of a handling agent;

(2) covered by valid documentation that has been checked for inconsistencies and fully describes the

contents;

(3) covered by a valid consignment security declaration;

(4) checked to establish that there is no evidence of having been tampered with;

(5) kept secure until delivered into the aircraft operator's charge; or

(6) subjected to the appropriate level of security screening.

(e) An aircraft operator shall make available to the Authority, a report of any incident where an airway bill or

equivalent document did not provide an accurate record of the goods being offered for air transport.

(f) An aircraft operator shall require a regulated agent operator to comply with the ICAO Technical Instructions

for the Safe Transportation of Dangerous Goods by Air, Doc. 9284.

(g) Appropriate security controls referred to in this regulation shall be as prescribed by the Authority.

29.210 CATERING OPERATORS AVIATION SECURITY RESPONSIBILITIES OF CATERING

OPERATOR

(a) A catering operator shall, before accepting supplies and equipment for preparation as catering supplies for

transport in an aircraft—

(1) establish and register the name and address of the supplier of the supplies and equipment;

(2) establish the credentials of the person who delivers the supplies and equipment as an agent of the

supplier of the supplies and equipment;

(3) ensure, on the basis of appropriate security controls or security screening, that the supplies and

equipment do not contain any prohibited items;

(4) ensure the safeguarding of the supplies and equipment from unauthorized interference after

acceptance;

(5) ensure the supplies and equipment are received by staff who are properly recruited and trained by the

operator;

(6) designate a person to implement and supervise the screening process;

(7) ensure that catering stores and supplies are not carried by air unless they have been subjected to

screening;


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(8) ensure that each shipment of catering stores and supplies is accompanied by documentation

providing the statement of the security status of the shipment;

(9) ensure that persons engaged to implement security controls are subject to background checks and

selection procedures, are capable of fulfilling their duties and are adequately trained;


than passengers granted unescorted access to security restricted areas of the airport.

(b) A catering operator who offers catering stores and supplies to an aircraft operator for transport by aircraft

shall produce and make available to the aircraft operator, and the Authority on demand, shipping

documents, records of supplies and equipment accepted and catering stores and supplies offered for air

transport, employee training records and other accountable catering documents.

29.215 CONDITIONS FOR ACCEPTANCE OF CATERING STORES & SUPPLIES FOR AIR

TRANSPORTATION

(a) An aircraft operator shall accept catering stores and supplies for transport on an aircraft only from a

catering operator.

(b) An aircraft operator shall, before accepting catering stores and supplies for transport on an aircraft,

ensure—

(1) that the catering stores and supplies have been subjected to screening;

(2) the safeguarding of the catering supplies and stores against unlawful interference until the catering

supplies and stores have been placed in the aircraft;

(3) that the shipments of catering supplies and stores are recorded; and

(4) that whenever the catering supplies and stores are received, those catering supplies and stores are

delivered by an authorised employee of the catering operator.

(c) An aircraft operator shall not accept any catering supplies and stores for transport by aircraft unless the

documentation for those catering supplies and stores is examined for inconsistencies and is accompanied

by a valid security declaration.

(d) An aircraft operator shall require a catering operator to comply with the ICAO Technical Instructions for the

Safe Transportation of Dangerous Goods by Air, Doc. 9284.

(e) An aircraft operator shall make available to the Authority, a report of any incident where a catering or

equivalent document did not provide an accurate record of the catering supplies and stores being offered

for air transport.

(f) An aircraft operator shall preserve, for not less than one year, a record of acceptance checklists and

inspections carried out under this Part.

29.220 PROTECTION OF CRITICAL INFORMATION TECHNOLOGY & COMMUNICATION

SYSTEMS

(a) The Authority shall in accordance with the risk assessment carried out by the threat assessment committee, ensure that appropriate measures are developed in order to protect the confidentiality, integrity and availability of critical information and communications technology systems and data used for civil aviation purposes from interference that may jeopardize the safety of civil aviation.

(b) The entities involved with or responsible for the implementation of various aspects of the national civil aviation security Programme shall identify their critical information technology and communications systems and data, including threats and vulnerabilities thereto, and develop protective measures to include, inter alia, security by design, supply chain security, network separation, and remote access control, as appropriate.


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SUBPART E: MANAGEMENT OF RESPONSE TO ACTS OF UNLAWFUL

INTERFERENCE

29.225 PREVENTION OF ACTS OF UNLAWFUL INTERFERENCE

(a) The Authority shall take adequate measures, when reliable information exists that an aircraft may be

subjected to an act of unlawful interference—

(1) if the aircraft is in flight, to provide as much prior notification as possible of the arrival of that aircraft to

relevant airport authorities and air traffic services of the States and aircraft and airport operators

concerned;

(2) ensure that aircraft Operators have established measures and procedures to safeguard an aircraft

under a specific threat.

(b) The Authority shall ensure that arrangements are made to investigate, render safe or dispose of, if

necessary, suspected dangerous devices or other potential hazards at airports.

(c) The Authority shall ensure that authorized and suitably trained personnel are readily available for

deployment at every airport serving civil aviation to assist in dealing with suspected or actual cases of

unlawful interference.

(d) The Authority shall designate and appropriate entity as responsible for safeguarding the aircraft

subjected to acts of unlawful interference when it is on ground and to ensure that the aircraft is

searched for concealed weapons, explosives or other dangerous devices, articles or substances; and

that prior notification of the search is provided to the operator concerned.

(e) Subject to sub regulation (d), the Authority shall require the designated entity to establish measures

and procedures to safeguard and search the aircraft under threat.

29.230 AUTHORITY’S RESPONSE TO ACTS OF UNLAWFUL INTERFERENCE

(a) The Authority shall—

(1) take adequate measures for the safety of passengers and crew of an aircraft which is subjected to an

act of unlawful interference while on the ground until their journey can be continued;

(2) collect all pertinent information on the flight which is the subject of an act of unlawful interference and

transmit that information to all other States responsible or the Air Traffic Services units concerned,

including those at the airport of known or presumed destination, so that timely and appropriate

safeguarding action may be taken en-route and at the aircraft’s known, likely or possible destination;

(3) provide such assistance to an aircraft subjected to an act of unlawful seizure, including the provision

of navigation aids, air traffic services and permission to land as may be necessitated by the

circumstances;

(4) to the extent practicable detain on the ground an aircraft subjected to unlawful seizure unless its

departure is necessitated by the overriding duty to protect human lives;

(5) notify the State of registry of an aircraft and the State of the operator of the landing aircraft subjected

to an act of unlawful interference, and shall similarly transmit, by the most expeditious means, all other

relevant information to—

(i) the state of registry and the state of the operator;

(ii) each State whose citizens suffered fatalities or injuries;

(iii) each State whose citizens were detained as hostages;

(iv) each state whose citizens are known to be on board the aircraft; and

(v) the International Civil Aviation Organization

(6) re-evaluate security controls and procedures and in a timely fashion take action necessary to remedy

weaknesses so as to prevent recurrence of an act of unlawful interference


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29.235 MANDATORY REPORTING

(a) Every operator shall, where an act of unlawful interference occurs, immediately notify the Authority.

(b) Every aircraft operator, pilot in command, airport operator or air navigation service provider shall submit to

the Authority—

(1) a preliminary written report, within fifteen days after the occurrence of an act of unlawful interference,

including sabotage, threats, hijacks, incidents and disruptive passengers; and

(2) a final written report, upon completion of investigations, but within thirty days after the occurrence of

an act of unlawful interference, including sabotage, threats, hijacks, incidents and disruptive

passengers.

29.240 NOTIFICATION TO THE INTERNATIONAL CIVIL AVIATION ORGANIZATION

(a) The Authority shall, where an act of unlawful interference has occurred, provide the International Civil

Aviation Organization with a report on each incident, whether successful or unsuccessful as follows—

(1) a preliminary report, within thirty days after the occurrence of the act, containing all pertinent

information concerning the security aspects of the occurrence; and

(2) a final report, within sixty days after completion of investigations.

(b) The Authority shall provide copies of reports submitted to the International Civil Aviation Organization under

this regulation to other States which may have an interest

SUBPART F: OFFENCES & PENALTIES

29.245 FAILURE TO ESTABLISH & MAINTAIN SECURITY PROGRAMMES

(a) A person who operates without a Security Programme referred to in Section 29.035, 29.040, 29.055,

29.060, 29.065, 29.070, 29.075 and 29.080, or who fails to implement a Security Programme, or a training

Programme will be liable to penalties as shall be determined by a ministerial order.

29.250 OFFENCES BY BODY CORPORATE

(a) Where an offence under these Regulations is committed by a body corporate and is proved to have been

committed with the consent or connivance of, or is attributable to any neglect on the part of—

(1) any director, manager, secretary or similar officer of the body corporate; or

(2) any person who was purporting to act in any such capacity,

(3) that person, as well as the body corporate, commits the offence and is liable to be proceeded against

and punished accordingly.

29.255 POWER TO ENFORCE COMPLIANCE

(a) The Authority or any authorized person may, for purposes of ensuring the Implementation of the National

Aviation Security Quality Control Programme, or the requirements of the National Civil Aviation Security

Programme, or any other operator Security Programme, or requirements set out under these Regulations,

and without prejudice to the provisions of Part VII, of these Regulations, adopt procedures for aviation

security monitoring and enforcement approved by the National Aviation Security Committee.

(b) The procedures referred to in paragraph (a) shall establish enforcement to ensure rectification of any

matter, including but not limited to the following—

(1) failure to comply with any order, circular or directive issued under these Regulations;

(2) failure to comply with any requirement set out under the National Civil Aviation Security Programme or

the respective operator security programme;

(3) failure to comply with an oversight recommendation made by the Authority;

(4) failure to take into account unique or exceptional circumstances which, although not expressly

provided under the National Civil Aviation Security Programme, or the respective operator Security

Programme but may expose an airport, aircraft or catering facility to risk.

(c) The Authority or any authorized person may, without limiting the generality of this regulation, issue


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infringement notices set out in Subpart G of these Regulations on serious or prolonged breaches of security

or failure to rectify security lapses that may endanger the safety of civil aviation.

(d) An infringement notice may require that the operations of a particular operator be halted until the breach

has been rectified.

SUBPART G: INFRINGEMENT NOTICES

29.260 PURPOSE & EFFECT OF INFRINGEMENT NOTICES

(a) The purpose of this Part is to create a system of infringement notices for offences against these

Regulations as an alternative to prosecution.

(b) This Part does not—

(1) require an infringement notice to be issued to a person for an offence;

(2) affect the liability of a person to be prosecuted for an offence if an infringement notice is not issued to

the person for the offence;

(3) prevent the issue of two or more infringement notices to a person for an offence;

(4) affect the liability of a person to be prosecuted for an offence if the person does not comply with an

infringement notice for the offence; or

(5) limit or otherwise affect the penalty that may be imposed by a court on a person convicted of an

offence.

29.265 PENALTY PAYABLE UNDER INFRINGEMENT NOTICE

(a) The penalty for an offence payable under an infringement notice issued to the person for the offence is one-

fifth of the maximum penalty that a court could impose on the person for the offence.

29.270 AUTHORISED PERSONS MAY ISSUE INFRINGEMENT NOTICE

(a) In this regulation, “infringement notice offence” means an offence against Sections 29.235 and 29.240.

(b) Where an authorized person has reason to believe that a person has committed an infringement notice

offence, the authorized person may issue a notice, called an infringement notice, to the person for the

offence

29.275 ISSUANCE OF INFRINGEMENT NOTICE

(a) An infringement notice shall—

(1) bear a unique number;

(2) state the name of the authorized person who issued it;

(3) state its date of issue;

(4) state the full name, or the surname and initials, and the address, of the person to whom it is issued;

(5) give brief details of the offence for which it is issued, including—

(i) the date and time of commission of the offence;

(ii) where the offence was committed;

(iii) the provision of these Regulations contravened;

(6) state the penalty for the offence payable under the notice;

(7) state where and how that penalty can be paid including, if the penalty can be paid by posting the

payment, the place to which it should be posted;

(8) state that if the person to whom it is issued (the recipient) pays the penalty within twenty-eight days

after the day on which the notice is served, or any longer time allowed in writing by an authorized

person, then, unless the infringement notice is subsequently withdrawn and any penalty paid

refunded—

(i) any liability of the recipient for the offence will be discharged;

(ii) the recipient will not be prosecuted in a court for the offence;

(iii) the recipient will not be taken to have been convicted of the offence;


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(9) state the greatest penalty that a court could impose on the recipient for the offence;

(10) state that if the recipient is prosecuted in court and found guilty of the offence, the recipient may be

convicted of the offence and ordered to pay a penalty and costs, and be subject to any other order

that the court makes;

(11) state how and to whom the recipient can apply to be allowed more time to pay the penalty; and

(12) be signed by the authorized person who issued it.

(b) An infringement notice may contain any other information that the authorized person who issues it thinks

necessary.

29.280 SERVICE OF INFRINGEMENT NOTICE

(a) An infringement notice shall be served on the person to whom it is issued.

(b) An infringement notice may be served on an individual—

(1) by giving it to the individual;

(2) by leaving it at, or by sending it by post, telex, fax or similar facility to, the address of the place of

residence or business (the relevant place) of the individual last known to the authorized person who

issues it;

(3) by giving it, at the relevant place, to someone who—

(i) lives or is employed, or apparently lives or is employed, there; and

(ii) is, or the authorized person who issued it has reason to believe is, eighteen years of age and

above.

(c) An infringement notice may be served on a corporation—

(1) by leaving it at, or by sending it by post, telex, fax or similar facility to the address of the head office, a

registered office or a principal office of the corporation;

(2) by giving it, at an office mentioned in paragraph (c)(1), to someone who is, or the authorized person

who issued it has reason to believe is, an officer or employee of the corporation.

29.285 TIME FOR PAYMENT OF PENALTY

(a) The penalty stated in an infringement notice shall be paid—

(1) within twenty-eight days after the day on which the notice is served on the person to whom it is issued;

(2) if the person applied for a further period of time in which to pay the penalty, and that application is

granted, within the further period allowed;

(3) if the person applies a further period of time in which to pay the penalty, and the application is refused,

within seven days after the notice of the refusal is served on the person;

(4) if the person applies for the notice to be withdrawn, and the application is refused, within twenty-eight

days after the notice of the refusal is served on the person.

29.290 EXTENSION OF TIME TO PAY PENALTY

(a) The person to whom an infringement notice is issued may apply, in writing, to the Authority for a further

period of up to twenty-eight days in which to pay the penalty stated in the notice.

(b) Within fourteen days after receiving the application, the Authority shall—

(1) grant or refuse a further period not longer than the period sought; and

(2) Notify the recipient in writing of the decision and, if the decision is a refusal, the reasons for it.

(c) Notice of the decision may be served on the recipient in any way in which the infringement notice could

have been served on the recipient.


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29.295 EFFECT OF PAYMENT OF PENALTY

(a) Where an infringement notice is not withdrawn, and the person to whom it is issued for an offence pays the

penalty stated in the notice—

(1) any liability of the person for the offence is discharged;

(2) the person shall not be prosecuted in a court for the offence;

(3) the person is not taken to have been convicted of the offence.

(b) Where two or more infringement notices are issued to a person for the same offence, the person’s liability

to be prosecuted for the offence ceases if the person pays the penalty stated in any of the notices.

29.300 WITHDRAWAL OF INFRINGEMENT NOTICE

(a) A person may apply in writing to the Authority, before the end of twenty-eight days after receiving an

infringement notice, for the infringement notice to be withdrawn.

(b) The Authority shall, within fourteen days after receiving the application—

(1) withdraw or refuse to withdraw the notice;

(2) notify the person in writing of the decision and, if the decision is a refusal, the reasons for the decision.

(c) Where the Authority has not approved, or refused to approve, the withdrawal of the notice within the period

allowed by paragraph (b), the Authority is taken to have refused to approve the withdrawal of the notice.

(d) The Authority shall, before withdrawing or refusing to withdraw a notice, consider—

(1) whether the person has been convicted previously of an offence against these Regulations;

(2) the circumstances of the offence stated in the notice;

(3) whether the person has previously paid a penalty under an infringement notice issued to the person

for an offence of the same type as the offence mentioned in the notice; and

(4) any other relevant matter.

(e) The Authority may also withdraw an infringement notice without an application having been made.

29.305 NOTICE OF WITHDRAWAL OF INFRINGEMENT NOTICE

(a) Notice of the withdrawal of an infringement notice may be served on a person in any way in which the

infringement notice could have been served on the person.

(b) A notice withdrawing an infringement notice served on a person for an offence—

(1) shall include the following information—

(i) the full name, or surname and initials, and address of the person;

(ii) the number of the infringement notice;

(iii) the date of issue of the infringement notice;

(2) shall state that the notice is withdrawn; and

(3) if the Authority intends to prosecute the person in a court for the offence, shall state that the person

may be prosecuted in a court for the offence.

29.310 REFUND OF PENALTY

(a) Where an infringement notice is withdrawn after the penalty stated in it has been paid, it must refund the

amount of the penalty to the person who paid it, within sixty days after the withdrawal of the notice.

SUBPART H: FACILITATION

29.315 AVIATION SECURITY & NARCOTICS CONTROL MEASURES & PROCEDURES

(a) The Airport Operator shall coordinate with other relevant authorities in the application of aviation security

and narcotics control measures and procedures, where applicable, aimed at the efficient clearance of—


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(1) entering or departing aircraft; and

(2) border control of passengers and crew.

29.320 TRAVEL DOCUMENTS

(a) No documents other than travel documents shall be required of visitors for the entry into and departure from

any territory.

(b) Travel ravel documents f

(c) or refugees and stateless persons are machine readable, in accordance with the specifications of ICAO

Doc 9303.

(d) No

29.325 SECURITY OF TRAVEL DOCUMENTS

(a) The competent Authority shall—

(1) regularly update security features in new versions of their travel documents, to guard against their

misuse and to facilitate detection of cases where such documents have been unlawfully altered,

replicated or issued;

(2) establish controls to safeguard against the theft of their blank travel documents and the

misappropriation of newly issued travel documents; and

(3) establish appropriate controls over the entire travel document application, adjudication and issuance

processes to ensure a high level of integrity and security.

29.330 STOLEN, LOST, & REVOKED TRAVEL DOCUMENTS

(a) The competent Authority shall immediately after receiving a complaint on stolen, lost or revoked travel

documents issued by Rwanda report accurate information to Interpol for inclusion in the stolen and lost

travel documents database.

29.335 MACHINE READABLE TRAVEL DOCUMENTS

(a) The competent authority shall issue machine readable travel documents using one or more optional data

storage technologies to supplement the machine readable zone in accordance with the specifications of

ICAO Doc 9303.

(b) All passports issued by the competent authority shall be machine readable in accordance with the

specifications of ICAO Doc 9303, Part 4.

29.340 BIOMETRIC DATA

(a) Biometric data shall be incorporated into the machine readable passports, visas and other official travel

documents, using one or more optional data storage technologies to supplement the machine readable

zone as specified in ICAO Doc 9303.

(b) The biometric data stored on the integrated circuit chip shall be the same as that printed on the data page,

that is, the data contained in the machine-readable zone plus the digitized photographic image;

(c) Fingerprint image or iris image are optional biometrics.

(d) Biometric data in the Machine Readable Passports store data in a contactless integrated circuit chip

complying with ISO/IEC 14443 and programmed according to the Logical Data Structure.

29.345 INSPECTION OF TRAVEL DOCUMENTS

(a) The aircraft operators shall conduct evaluation of travel documents presented by passengers, in order to

deter fraud and abuse and necessary precautions at the point of embarkation are carried out to ensure that

persons are in possession of the documents prescribed by the Authority and other relevant authorities of

transit and destination for control purposes.


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(b) Aircraft operators shall take necessary precautions at the point of embarkation to ensure that persons are in

possession of the documents prescribed by the States of transit and destination for control purposes as

described in this Part.

29.350 PROCEDURES & RESPONSIBILITIES

(a) Fraudulent, falsified or counterfeit travel document and travel documents of a person impersonating the

rightful holder of the travel documents shall be seized.

(b) The documents referred to under paragraph (a) shall be removed from circulation immediately and returned

to the appropriate authority of the State named as issuer or to the resident Diplomatic Mission of that State.

29.355 ADVANCE PASSENGER INFORMATION

(a) The Authority shall ensure—

(1) an Advance Passenger Information (API) system is established; and

(2) international recognized standards for the transmission of Advance Passenger Information (API or

APIS) are adhered to.

29.360 IDENTIFICATION & ENTRY OF CREW & OTHER AIRCRAFT OPERATORS’ PERSONNEL

(a) Crew Member Certificate (CMC) shall be issued to a crew member after a background check has been

carried out.

(b) Adequate controls shall be established on the issuance of CMCs and other official crew identity documents

are put in place to prevent fraud.

(c) The control referred under paragraph (b) are—

(1) background check and certification of employment status of an applicant prior to issuance;

(2) controls on blank card stock; and

(3) accountability requirements for issuing personnel.

29.365 ENTRY & DEPARTURE 0F CARGO & OTHER ARTICLES

(a) A risk management shall be used to determine which goods shall be examined and the extent of that

examination.

(b) The following shall be ensured—

(1) programmes for Authorized Economic Operators that enhance security shall be introduced, in order to

create an environment for facilitative Customs control measures;

(2) establishment of agreement or arrangement for the mutual recognition of their respective Authorised

Economic Operator or equivalent programs with other States shall be encouraged;

(3) for facilitation purposes, where feasible, the use of the available advance cargo information in

subsequent import, export or transit customs procedures for the release and clearance of the goods

shall be considered;

(4) the introduction of arrangements to enable all parties involved in air cargo operations to submit all the

information required by competent authority, in connection with arrival, stay and departure of an

aircraft and air cargo, to a single entry point (Single Window) shall be considered;

(5) all participants in the transport, handling and clearance of air cargo to simplify relevant procedures

and documents and to cooperate or participate directly in the development of electronic air cargo

community systems using internationally agreed standards with a view to enhance the exchange of

information relating to such traffic and assuring interoperability between the systems of all participants

shall be encouraged; and

(6) special procedures, which provide for the expedited release of goods on arrival or departure for

authorised persons meeting specified criteria, which may include an appropriate record of compliance


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Page 29- 39 of 39

with official requirements and a satisfactory system for managing their commercial records shall be

established.

(c) Special procedures for authorised persons may include, but not be limited to—

(1) release of the goods for import or export on the provision of the minimum information necessary to

identify the goods and permit the subsequent completion of the final goods declaration;

(2) clearance of the import or export goods at the authorised person’s premises or at another place

authorised by Customs;

(3) lodgment of a goods declaration for import or export, based on the entry into the records of the

authorised person; and

(4) Lodgment of a single goods declaration for all imports or exports in a given period where goods are

imported or exported frequently by the same person.

(d) Goods not afforded the simplified or special procedures shall be released or cleared promptly on arrival,

subject to compliance with customs and other requirements.

(e) As a goal, the release of all goods that do not need any examination, within three hours of their arrival and

the submission of the correct documentation shall be established.

(f) The competent authority and aircraft operators and importers or their authorized agents, shall coordinate

their respective functions to ensure that this goal is met.

29.370 INADMISSIBLE PERSONS

(a) Where the competent authority has reason to believe that an inadmissible person might offer resistance to

his removal, it shall inform the aircraft operator concerned as far in advance as possible of scheduled

departure so that the aircraft operator can take precautions to ensure the security of the flight.

29.375 DEPORTEES

(a) Where the competent authority removes a deportee from its territory it shall assume all the obligations,

responsibilities and costs associated with the removal.

(b) The competent authority, when making arrangements with an aircraft operator for the removal of a

deportee, shall make available the following information as soon as possible, but in any case not later than

24 hours before the scheduled time of departure of the flight-

(1) a copy of the deportation order where applicable;

(2) a risk assessment by the State or any other pertinent information that would help the aircraft operator

assess the risk to the security of the flight; and

(3) the names and nationalities of any escorts.

29.380 INADMISSIBLE PERSONS & DEPORTEES

(a) The competent authority shall not fine aircraft operators in the event that arriving and in-transit persons are

found to be improperly documented where aircraft operators can demonstrate that they have taken

necessary precautions to ensure that these persons had complied with the documentary requirements for

entry into the receiving State.

29.385 ASSISTANCE TO AIRCRAFT ACCIDENT VICTIMS & THEIR FAMILIES

(a) The competent authority shall ensure that policies in support of assistance to aircraft accident victims and

their families are put in place.

(b) The competent authority shall ensure that the clearance of unidentified, unclaimed or mishandled baggage,

and its return to the aircraft operator for appropriate disposition are expedited.

(c) The Authority shall ensure that the conditions laid down by the competent authority, aircraft operator may

be permitted to open such baggage if necessary to ascertain its owner.

(d) The Authority shall establish measures, with the cooperation of aircraft operator and airport operator, to

expedite the inspection of crew members and their baggage, as required at departure and upon arrival.


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29.390 NATIONAL FACILITATION PROGRAMMES

(a) The Authority shall develop, maintain and implement a National Air Transport Facilitation Programme

(b) A National Air Transport Facilitation Committee and Airport Facilitation Committee shall be established

under a Prime Minister’s Order for the purpose of coordinating facilitation activities between departments,

agencies, and other organizations of the State concerned with, or responsible for, various aspects of civil

aviation operations.

The Remainder of this page has been intentionally left Blank


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Page 29- 39 of 39

APPENDIX A: FINES FOR BREACH OF REGULATIONS

COLUMN I COLUMN 2 FINES (RWANDAN FRANCS)


29.065,29.070,29.075

29.080

Failure to develop a security programme by an operator as required by the law

1,000,000 1,500,000

29.105, 29.110 Failure to implement airport security access control to security restricted areas

500,000 3,000,000

29.115 Breach of Security Restricted Areas & Airport Security Permits rules and regulations

200,000 1,000,000

29.155 implementation of any renovation, remodeling or expansion works at the airport, or the construction of new or additional airport facilities, without the approval of the Authority

1,000,000

3,000,000

29.160 Failure to keep record of every security incident occurring at the airport.

1,000,000

3,000,000

29.165 Breach in security responsibilities of aircraft operators

1,000,000

3,000,000

29.195 Breach of any condition for acceptance of goods for air transportation

500,000 1,000,000

29.200 Breach of any condition for acceptance of baggage, goods, COMAT & COMAIL for air transportation

500,000 1,000,000

29.210 failure to fulfill security responsibilities of catering operators

1,000,000

3,000,000

29.215 Breach of any conditions for acceptance of catering stores & supplies for air transportation

500,000 1,000,000

20.220 Failure to Protect Critical Information Technology & Communication Systems

1,000,000

3,000,000

20.235 Mandatory Reporting

1,000,000

3,000,000

29.315 Failure to implement Narcotics Control Measures & Procedures

1,000,000

3,000,000

End of RCAR Part 29


1055






Order no04/CAB.M/018 of 24/07/2018





l'aviation civile


(sé)

GATETE Claver


Kigali, on 24/07/2018

(sé)

GATETE Claver


Kigali, le 24/07/2018

(sé)

GATETE Claver



Repubulika:

(sé)

BUSINGYE Johnston



Republic:

(sé)

BUSINGYE Johnston



(sé)



1056




No04/CAB.M/018 OF 24/07/2018


REGULATIONS


No04/CAB.M/018 DU 24/07/2018


L'AVIATION CIVILE


1057


Part 3O

SAFETY MANAGEMENT REGULATIONS

SUBPART A: PRELIMINARY PROVISIONS .............................................................................................3

30.001 CITATION ....................................................................................................................................... 3

30.005 INTERPRETATION .......................................................................................................................... 3

30.010 APPLICATION ................................................................................................................................. 5

SUBPART B: SAFETY MANAGEMENT RESPONSIBILITIES. ......................................................................5

30.015 SAFETY OVERSIGHT SYSTEM ......................................................................................................... 5

30.020 STATE SAFETY PROGRAMME (SSP) ............................................................................................... 5

30.025 ENFORCEMENT POLICY ................................................................................................................. 6

30.030 STATE SYSTEM AND FUNCTIONS .................................................................................................. 6

30.035 QUALIFIED TECHNICAL PERSONNEL .............................................................................................. 6

30.040 TECHNICAL GUIDANCE, TOOLS AND PROVISION OF SAFETY-CRITICAL INFORMATION ............... 6

30.045 LICENSING, CERTIFICATION, AUTHORIZATION AND APPROVAL OBLIGATIONS ............................ 6

30.050 SAFETY MANAGEMENT SYSTEM OBLIGATIONS ............................................................................ 6

30.055 ACCIDENT AND INCIDENT INVESTIGATION FOR SAFETY MANAGEMENT. .................................... 7

30.060 HAZARD IDENTIFICATION AND SAFETY RISK ASSESSMENT .......................................................... 7

30.065 MANAGEMENT OF SAFETY RISKS .................................................................................................. 7

30.070 SURVEILLANCE OBLIGATIONS ....................................................................................................... 7

30.075 STATE SAFETY PERFORMANCE ...................................................................................................... 7

30.080 INTERNAL COMMUNICATION AND DISSEMINATION OF SAFETY INFORMATION ........................ 8

30.085 EXTERNAL COMMUNICATION AND DISSEMINATION OF SAFETY INFORMATION ........................ 8

SUBPART C: SAFETY MANAGEMENT SYSTEM (SMS) ............................................................................8

30.090 SMS BY SERVICE PROVIDERS. ........................................................................................................ 8

30.095 INTERNATIONAL GENERAL AVIATION — AEROPLANES ................................................................ 9

SUBPART E: SAFETY DATA AND SAFETY INFORMATION COLLECTION, ANALYSIS, PROTECTION,

SHARING AND EXCHANGE ..................................................................................................................9

30.100 SAFETY DATA COLLECTION AND PROCESSING SYSTEMS .............................................................. 9

30.105 SAFETY DATA AND SAFETY INFORMATION ANALYSIS .................................................................. 9

30.110 SAFETY DATA AND SAFETY INFORMATION PROTECTION ............................................................. 9

30.115 SAFETY INFORMATION SHARING AND EXCHANGE ..................................................................... 10


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SUBAPART E: GENERAL PROVISIONS ................................................................................................. 10

30.120 CONSISTENCY OF QUALITY POLICY WITH SMS ........................................................................... 10

30.125 ADMINISTRATIVE SANCTIONS ..................................................................................................... 10

30.130 CONSEQUENTIAL AMMENDMENTS ............................................................................................ 10

APPENDICES .................................................................................................................................... 11

APPENDIX 1 TO 30.015: STATE SAFETY OVERSIGHT (SSO) SYSTEM CRITICAL ELEMENTS (CEs) ............. 11

APPENDIX 1 TO 30.090 : FRAMEWORK FOR A SAFETY MANAGEMENT SYSTEM (SMS) ......................... 12

APPENDIX 1 TO 30.110: PRINCIPLES FOR THE PROTECTION OF SAFETY DATA, SAFETY INFORMATION

AND RELATED SOURCES .......................................................................................................................... 16

The Remainder Of this Page has Been Intentionally left Blank


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SUBPART A: PRELIMINARY PROVISIONS

30.001 CITATION

These Regulations may be cited as the Civil Aviation (Safety Management) Regulations.

30.005 INTERPRETATION

In these Regulations, unless the context otherwise requires:

Accident” means an occurrence associated with the operation of an aircraft which, in the case of a manned aircraft,

takes place between the time any person boards the aircraft with the intention of flight until such time as all such

persons have disembarked, or in the case of an unmanned aircraft, takes place between the time the aircraft is ready

to move with the purpose of flight until such time as it comes to rest at the end of the flight and the primary propulsion

system is shut down, in which:

a) a person is fatally or seriously injured as a result of:

i) being in the aircraft, or

ii) direct contact with any part of the aircraft, including parts which have become detached from the aircraft,

or

iii) direct exposure to jet blast, except when the injuries are from natural causes, self-inflicted or inflicted by

other persons, or when the injuries are to stowaways hiding outside the areas normally available to the

passengers and crew; or

b) the aircraft sustains damage or structural failure which:

i) adversely affects the structural strength, performance or flight characteristics of the aircraft, and

ii) would normally require major repair or replacement of the affected component, except for engine failure

or damage, when the damage is limited to a single engine, (including its cowlings or accessories), to

propellers, wing tips, antennas, probes, vanes, tires, brakes, wheels, fairings, panels, landing gear

doors, windscreens, the aircraft skin (such as small dents or puncture holes), or for minor damages to

main rotor blades, tail rotor blades, landing gear, and those resulting from hail or bird strike (including

holes in the radome); or

c) the aircraft is missing or is completely inaccessible.

” Acceptable Level of Safety Performance (ALoSP)” means the minimum level of safety performance of civil

aviation in Rwanda, as defined in its State Safety Programme, or of a service provider, as defined in its safety

management system, expressed in terms of safety performance targets and safety performance indicators.

“Acceptable Performance” means normal expected behaviour and includes unintended errors and some minor

violations or deviations;

“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.

“Aircraft” means any machine that can derive support in the atmosphere from the reactions of the air other than the

reactions of the air against the earth’s surface.

“Authority” means the national institution in charge of civil aviation.

“Hazard” means a condition or an object with the potential to cause or contribute to an aircraft accident or incident.


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“Helicopter” means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more

power-driven rotors on substantially vertical axes.

“incident” means an occurrence, other than an accident, associated with the operation of an aircraft which affects or

could affect the safety of operation;

“Industry Codes of Practice” means guidance material developed by an industry body, for a particular sector of the

aviation industry to comply with the requirements of the International Civil Aviation Organization’s Standards and

Recommended Practices, other aviation safety requirements and the best practices deemed appropriate.

“large aeroplane” means an aeroplane with a maximum take-off weight of more than 5 700 kg;

“mitigation” means measures to address the potential hazard or to reduce the risk probability or severity;

“Operational Personnel” means Personnel such as flight crews; air traffic controllers; aeronautical station operators;

maintenance technicians; personnel of aircraft design and manufacturing organizations; cabin crews; flight

dispatchers, apron personnel and ground handling personnel, involved in aviation activities who are in a position to

report safety information.

“predictive” means capturing the system performance as it happens in real time normal operations so as to identify

potential future problems;

“proactive” means actively identifying safety risks through the analysis of the organization’s activities.

“reactive” means responding to events that have already happened such as incidents and accidents;

“safety” means a state in which risks associated with aviation activities, related to, or in direct support of the

operation of aircraft, are reduced and controlled to an acceptable level.

“Safety data” means defined set of facts or set of safety values collected from various aviation-related sources,

which is used to maintain or improve safety.

“Safety information” means Safety data processed, organized or analysed in a given context so as to make it useful

for safety management purposes.

“safety management system (SMS)” means a systematic approach to managing safety, including the necessary organizational structures, accountabilities, responsibilities, policies and procedures. safety oversight” means a function performed by a State to ensure that individuals and organizations performing an aviation activity comply with safety-related national laws and regulations “Safety performance” means a State or a service provider’s safety achievement as defined by its safety performance targets and safety performance indicators; “Safety performance indicator” means a data-based parameter used for monitoring and assessing safety performance. “Safety performance target” means the State or service provider’s planned or intended target for a safety performance indicator over a given period that aligns with the safety objectives.


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‘safety risk” means the predicted probability and severity of the consequences or outcomes of a hazard; “Serious injury” means an injury which is sustained by a person in an accident and which:

a) requires hospitalization for more than 48 hours, commencing within seven days from the date the injury was received; or

b) results in a fracture of any bone (except simple fractures of fingers, toes or nose); or c) involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage; or d) involves injury to any internal organ; or e) involves second or third degree burns, or any burns affecting more than 5 per cent of the body surface; or f) involves verified exposure to infectious substances or injurious radiation.

“State of Design” means the State having jurisdiction over the organization responsible for the type design;

“State of Manufacture” means the State having jurisdiction over the organization responsible for the final assembly of

the aircraft;

“State of the Operator” means the State in which the operator’s principal place of business is located or, if there is no

such place of business, the operator’s permanent residence;

“state safety programme (SSP)” means an integrated set of regulations and activities aimed at improving safety.

“Surveillance” means the State activities through which the State proactively verifies through inspections and audits

that aviation licence, certificate, authorization or approval holders continue to meet the established requirements

and function at the level of competency and safety required by the State.

30.010 APPLICATION

(a) These Regulations shall apply to safety management functions related to, or in direct support of, the safe

operation of aircraft.

(b) Except where otherwise specified, these Regulations shall not apply to occupational safety, environmental

protection, customer service or product quality.

SUBPART B: SAFETY MANAGEMENT RESPONSIBILITIES. 30.015 SAFETY OVERSIGHT SYSTEM

The safety oversight system established under Chapter II Article 11 of the law establishing regulations

governing civil aviation as amended shall be in accordance with the critical elements set out in Appendix 1

to 30.015.

30.020 STATE SAFETY PROGRAMME (SSP)

(a)The Authority shall establish and maintain a State Safety Programme (SSP) that is commensurate with the

size and complexity of Rwanda civil aviation system.

(b) The Authority may delegate safety management-related functions and activities to another State,

Regional Safety Oversight Organization (RSOO) or Regional Accident and Incident Investigation

Organization (RAIO) as and when deemed necessary.


1062


30.025 ENFORCEMENT POLICY

The Authority shall, pursuant to the provisions of the law establishing regulations governing civil aviation as

amended establish an enforcement policy that specifies the conditions and circumstances under which

service providers with an SMS are allowed to deal with, and resolve, events involving certain safety issues,

internally, within the context of their SMS and to the satisfaction of the Authority.

30.030 STATE SYSTEM AND FUNCTIONS

(a) The Authority shall establish a safety policy and safety objectives that reflect their commitment regarding

safety and facilitate the promotion of a positive safety culture in the aviation community.

(b) The safety policy and safety objectives should be published and periodically reviewed to ensure that they

remain relevant and appropriate to the State

30.035 QUALIFIED TECHNICAL PERSONNEL

The Authority shall establish requirements for the qualification of technical personnel performing safety-

related functions for or on behalf of the State, in accordance with paragraph four in Appendix 1 to 30.015 to

these regulations.

30.040 TECHNICAL GUIDANCE, TOOLS AND PROVISION OF SAFETY-CRITICAL INFORMATION

The Authority shall establish technical guidance and tools and provide safety-critical information in

accordance with paragraph five in Appendix 1 to 30.015 to these regulations.

30.045 LICENSING, CERTIFICATION, AUTHORIZATION AND APPROVAL OBLIGATIONS

The Authority shall implement the licensing, certification, authorization and approval obligations in

accordance with paragraph six in Appendix 1 to 30.015 to these regulations

30.050 SAFETY MANAGEMENT SYSTEM OBLIGATIONS

(a) The Authority shall require that the following service providers implement an SMS:

(1) approved training organizations certified in accordance with the [Civil Aviation (Approved

Training Organizations) Regulations] that are exposed to safety risks related to aircraft operations

during the provision of their services;

(2) Operators of aeroplanes or helicopters authorized to conduct international commercial air

transport in accordance with the Civil Aviation (Operation of Aircraft) regulations.

(3) Approved maintenance organizations providing services to operators of aeroplanes or

helicopters engaged in international commercial air transport, in accordance with [Civil Aviation

(Operation of Aircraft) Regulations];

(4) Organizations responsible for the type design or manufacture of aircraft, engines or propellers in

accordance with the civil aviation (Airworthiness) regulations;

(5) Air traffic services (ATS) providers certificated in accordance with the [Civil Aviation (Air

Navigation Services) Regulations]; and

(6) Operators of aerodromes certified in accordance with the [Civil Aviation (Aerodromes)

Regulations].

(b) When maintenance activities are not conducted by an approved maintenance organization, but under an

equivalent system, they shall be included in the scope of the operator’s SMS. in accordance with the [Civil

Aviation (Operation of Aircraft) Regulations],

(c)The service providers and operators shall establish safety performance indicators and targets that are

acceptable to the Authority.


1063


(d) The Authority shall establish criteria for international general aviation operators of large or turbojet

aeroplanes registered in Rwanda in accordance with civil aviation (Operation of aircraft) regulations, to

Implement an SMS.

(e) The criteria established by the Authority in accordance with sub regulation (d) shall address the SMS

framework and elements contained in Appendix 1 to 30.090 to these regulations.

(f) The serivce provider shall be responsible for the safety of services or products contracted or

subcontracted to, or purchased from, other organizations.

30.055 ACCIDENT AND INCIDENT INVESTIGATION FOR SAFETY MANAGEMENT.

The Rwanda Aircraft Accident investigation department shall establish a process to investigate accidents

and incidents in accordance with the [Civil Aviation (Accidents and Incidents investigation) Regulations], in

support of the management of safety in Rwanda.

30.060 HAZARD IDENTIFICATION AND SAFETY RISK ASSESSMENT

The Authority shall:

(a) establish and maintain a process to identify hazards from collected safety data, and

(b) develop and maintain a process that ensures the assessment of safety risks associated with identified hazards is conducted.

30.065 MANAGEMENT OF SAFETY RISKS

The Authority shall:

(a) establish mechanisms for the resolution of safety issues in accordance with paragraph eight in Appendix

1 to 30.015 to these regulations, and

(b) develop and maintain a process to manage safety risks.

30.070 SURVEILLANCE OBLIGATIONS

(a) The Authority shall meet the surveillance obligations in accordance with the seventh paragraph in

Appendix 1 to 30.015 to these regulations.

(b) The surveillance of the service provider shall take into consideration the safety performance as well as

the size and complexity of its aviation products or services.

(c) The Authority shall establish procedures to prioritize inspections, audits and surveys towards those areas

of greater safety concern or need.

(d) The Authority shall review the safety performance of an individual service provider annually.

30.075 STATE SAFETY PERFORMANCE

(a) The Authority shall establish an Acceptable Level of Safety Performance to be achieved through the

SSP.

(b) The Authority shall develop and maintain a process to evaluate the effectiveness of actions taken to

manage safety risks and resolve safety issues.

(c) The Authority shall evaluate the effectiveness of its SSPs to maintain or continuously improve their

overall level of safety performance.


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30.080 INTERNAL COMMUNICATION AND DISSEMINATION OF SAFETY INFORMATION

The Authority shall promote safety awareness and the sharing and exchange of safety information to

support, within the [Rwanda aviation organizations], the development of a positive safety culture that fosters

an effective SSP.

30.085 EXTERNAL COMMUNICATION AND DISSEMINATION OF SAFETY INFORMATION

The Authority shall promote safety awareness and the sharing and exchange of safety information with the

aviation community to foster the maintenance and improvement of safety and to support the development of

a positive safety culture.

SUBPART C: SAFETY MANAGEMENT SYSTEM (SMS)

30.090 SMS BY SERVICE PROVIDERS.

(a) The SMS of a service provider shall:

(1) be established in accordance with the framework elements contained in Appendix 1 to 30.090 to

these regulations; and

(2) be commensurate with the size and complexity of the service provider’s aviation products or

Services.

(b) The Authority shall ensure that the service provider develops a plan to facilitate SMS implementation.

(c) The SMS of an approved training organization, in accordance with the [Civil Aviation (Approved Training

Organizations) Regulations], that is exposed to safety risks related to aircraft operations during the provision

of its services shall be made acceptable to the Authority.

(d) The SMS of a certified operator of aeroplanes or helicopters authorized to conduct international

commercial air transport, in accordance with the Civil Aviation (Operation of Aircraft) regulations, shall be

made acceptable to the State of the Operator.

(e) The SMS of an approved maintenance organization providing services to operators of aeroplanes or

helicopters engaged in international commercial air transport, in accordance with the Civil Aviation

(Operation of Aircraft) Regulations, shall be made acceptable to the Authority.

(f) The SMS of an organization responsible for the type design of aircraft, engines or propellers, in

accordance with the civil aviation (Airworthiness) regulations, shall be made acceptable to the State of

Design.

(g) The SMS of an organization responsible for the manufacture of aircraft, engines or propellers, in

accordance with the civil aviation (Airworthiness) regulations, shall be made acceptable to the State of

Manufacture.

(h) The SMS of an ATS provider, in accordance with the civil aviation (Air Navigation Services) regulations,

shall be made acceptable to Authority.


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(i) The SMS of an operator of a certified aerodrome, in accordance with the civil aviation (Aerodromes)

regulations, shall be made acceptable to the Authority.

30.095 INTERNATIONAL GENERAL AVIATION — AEROPLANES

(a) An international general aviation operator of large aeroplane or turbojet aeroplane, shall establish and

implement a Safety Management System acceptable to the Authority

(b) The SMS of an international general aviation operator, conducting operations of large or turbojet

aeroplanes, in accordance with the [Civil Aviation (Operation of Aircraft) Regulations], shall:

(1) be established commensurate with the size and complexity of the operation and meet the criteria

established by the State of Registry.

(2) address the SMS framework and elements contained in the Appendix 1 to 30.090.

SUBPART E: SAFETY DATA AND SAFETY INFORMATION

COLLECTION, ANALYSIS, PROTECTION, SHARING AND

EXCHANGE

30.100 SAFETY DATA COLLECTION AND PROCESSING SYSTEMS

(a)The Authority shall establish Safety Data Collection And Processing Systems (SDCPS) to capture, store,

aggregate and enable the analysis of safety data and safety information.

(b) The Authority shall establish a mandatory safety reporting system that includes the reporting of incidents.

(c) The Authority shall establish a voluntary safety reporting system to collect safety data and safety

information not captured by mandatory safety reporting systems.

(d) The Authority and the [Aircraft Accident Investigation Department] shall have access to the Safety Data

Collection and Processing Systems as referenced in sub regulation (a) to support their safety

responsibilities, in accordance with the principles in the Appendix 1 to 30.110 to these regulations.

(e) The safety database shall use standardized taxonomy to facilitate safety information sharing and

exchange.

30.105 SAFETY DATA AND SAFETY INFORMATION ANALYSIS

The Authority shall establish and maintain a process to analyse the safety data and safety information from

the SDCPS and associated safety databases.

30.110 SAFETY DATA AND SAFETY INFORMATION PROTECTION

(a) The Authority shall accord protection to safety data captured by, and safety information derived from,

voluntary safety reporting systems and related sources, such as individuals and organizations, in accordance

with the Appendix 1 to 30.110 to these regulations.

(b) The Authority shall extend the protection referred to in sub regulation (a) to safety data captured by, and

safety information derived from, mandatory safety reporting system and related sources.

(c) Subject to sub regulations (a) and (b) the Authority shall not make available or use safety data or safety

information collected, stored or analysed in accordance with these regulations for purposes other than


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maintaining or improving safety, unless the competent authority determines, in accordance with the

Appendix 1 to 30.110 to these regulations that a principle of exception applies.

(d) Notwithstanding sub regulation (c), the Authority shall not be prevented from using safety data or safety

information to take any preventive, corrective or remedial action that is necessary to maintain or improve

aviation safety.

(e) The Authority shall take necessary measures, including the promotion of a positive safety culture, to

encourage safety reporting by the service providers/operators to achieve their safety objectives.

30.115 SAFETY INFORMATION SHARING AND EXCHANGE

(a) Where the Authority, in the analysis of the information contained in its SDCPS, identifies safety matters

considered to be of interest to other States, the Authority shall forward such safety information to them as

soon as possible.

(b) Prior to sharing the information in sub regulation (a), the States shall agree on the level of protection and

conditions on which safety information shall be shared and exchanged.

(c) The level of protection and conditions shall be in line with the Appendix 1 to 30.110 to these regulations.

(d) The Authority shall promote the establishment of safety information sharing or exchange networks among

users of the aviation system, and shall facilitate the sharing and exchange of safety information, unless

national aviation law provides otherwise.

SUBAPART E: GENERAL PROVISIONS

30.120 CONSISTENCY OF QUALITY POLICY WITH SMS

A service provider shall ensure that the organization’s quality policy is consistent with, and supports the

fulfilment of the activities of the SMS.

30.125 ADMINISTRATIVE SANCTIONS

A person who fails to comply with the provisions of these Regulations, is liable to [administrative measures]

as may be prescribed in the law or these Regulations.

30.130 CONSEQUENTIAL AMMENDMENTS

(a) The Regulations are amended by deletion of the respective regulation as may be deemed necessary.

(b) Notwithstanding sub regulation (a) any acts done under the amended regulations shall be continued as if

they were instituted under these regulations.

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APPENDICES APPENDIX 1 TO 30.015: STATE SAFETY OVERSIGHT (SSO) SYSTEM CRITICAL ELEMENTS (CEs)

1.Primary Aviation Legislation (CE-1)

1.1 States shall promulgate a comprehensive and effective aviation law, commensurate with the size and complexity

of their aviation activity and consistent with the requirements contained in the Convention on International Civil

Aviation, to enable the oversight and management of civil aviation safety and the enforcement of regulations through

the relevant authorities or agencies established for that purpose.

Note.— This includes ensuring that the aviation law remains relevant and appropriate to the State.

1.2 The aviation law shall provide personnel performing safety oversight functions access to the aircraft, operations,

facilities, personnel and associated records, as applicable, of individuals and organizations performing an aviation

activity.

2.Specific Operating Regulations (CE-2)

States shall promulgate regulations to address, at a minimum, national requirements emanating from the primary

aviation legislation, for standardized operational procedures, products, services, equipment and infrastructures in

conformity with the Annexes to the Convention on International Civil Aviation.

3.State system and functions (CE-3)

3.1 States shall establish relevant authorities or agencies, as appropriate, supported by sufficient and qualified

personnel and provided with adequate financial resources for the management of safety.

3.2 States authorities or agencies shall have stated safety functions and objectives to fulfil their safety management

responsibility. This includes the participation of the State aviation organizations in specific activities related to the

management of safety in the State, and the establishment of the roles, responsibilities and relationships of such

organizations.

3.3 The Authority should take necessary measures, such as remuneration and conditions of service, to ensure that

qualified personnel performing safety oversight functions are recruited and retained

3.4 States shall ensure that personnel performing safety oversight functions are provided with guidance that

addresses ethics, personal conduct and the avoidance of actual or perceived conflicts of interest in the performance

of official duties.

3.5 The Authority should use a methodology to determine their staffing requirements for personnel performing safety

oversight functions, taking into account the size and complexity of the aviation activities in their State.

4. Qualified technical personnel (CE-4)

4.1 States shall establish minimum qualification requirements for the technical personnel performing safety-related

functions and provide for appropriate initial and recurrent training to maintain and enhance their competence at the

desired level.

4.2 States shall implement a system for the maintenance of training records for technical personnel.


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5. Technical guidance, tools and provision of safety-critical information (CE-5)

5.1 States shall provide appropriate facilities, comprehensive and up-to-date technical guidance material and

procedures, safety-critical information, tools and equipment, and transportation means, as applicable, to the technical

personnel to enable them to perform their safety oversight functions effectively and in accordance with established

procedures in a standardized manner.

5.2 States shall provide technical guidance to the aviation industry on the implementation of relevant regulations.

6. Licensing, certification, authorization and approval obligations (CE-6)

States shall implement documented processes and procedures to ensure that individuals and organizations

performing an aviation activity meet the established requirements before they are allowed to exercise the privileges of

a licence, certificate, authorization or approval to conduct the relevant aviation activity.

7.Surveillance obligations (CE-7)

States shall implement documented surveillance processes, by defining and planning inspections, audits and

monitoring activities on a continuous basis, to proactively assure that aviation licence, certificate, authorization and

approval holders continue to meet the established requirements. This includes the surveillance of personnel

designated by the Authority to perform safety oversight functions on its behalf.

8. Resolution of safety issues (CE-8)

8.1 States shall use a documented process to take appropriate actions, up to and including enforcement measures, to

resolve identified safety issues.

8.2 States shall ensure that identified safety issues are resolved in a timely manner through a system which monitors

and records progress, including actions taken by individuals and organizations performing an aviation activity in

resolving such issues.\

APPENDIX 1 TO 30.090 : FRAMEWORK FOR A SAFETY MANAGEMENT SYSTEM (SMS)

This Appendix specifies the framework for the implementation and maintenance of an SMS. The framework

comprises four components and twelve elements as the minimum requirements for SMS implementation

1.Safety policy and objectives

1.1 Management commitment

1.2 Safety accountability and responsibilities

1.3 Appointment of key safety personnel

1.4 Coordination of emergency response planning

1.5 SMS documentation

2. Safety risk management

2.1 Hazard identification

2.2 Safety risk assessment and mitigation

3. Safety assurance

3.1Safety performance monitoring and measurement

3.2 The management of change

3.3 Continuous improvement of the SMS


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4. Safety promotion

4.1 Training and education

4.2 Safety communication

1.SAFETY POLICY AND OBJECTIVES

1.1 Management commitment

1.1.1 The service provider shall define its safety policy in accordance with international and national requirements.

The safety policy shall:

a) reflect organizational commitment regarding safety, including the promotion of a positive safety culture;

b) include a clear statement about the provision of the necessary resources

for the implementation of the safety policy;

c) include safety reporting procedures;

d) clearly indicate which types of behaviours are unacceptable related to the

service provider’s aviation activities and include the circumstances under which disciplinary action would not apply;

e) be signed by the accountable executive of the organization;

f) be communicated, with visible endorsement, throughout the organization; and

g) be periodically reviewed to ensure it remains relevant and appropriate to the service provider.

1.1.2 Taking due account of its safety policy, the service provider shall define

safety objectives. The safety objectives shall:

a) form the basis for safety performance monitoring and measurement as required by 3.1.2;

b) reflect the service provider’s commitment to maintain or continuously improve the overall effectiveness of the SMS;

c) be communicated throughout the organization; and

d) be periodically reviewed to ensure they remain relevant and appropriate to the service provider.

1.2 Safety accountability and responsibilities

The service provider shall:

a) identify the accountable executive who, irrespective of other functions, is accountable on behalf of the organization

for the implementation and maintenance of an effective SMS;

b) clearly define lines of safety accountability throughout the organization, including a direct accountability for safety

on the part of senior management;


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c) identify the responsibilities of all members of management, irrespective of other functions, as well as of employees,

with respect to the safety performance of the organization;

d) document and communicate safety accountability, responsibilities and authorities throughout the organization; and

e) define the levels of management with authority to make decisions regarding safety risk tolerability.

1.3 Appointment of key safety personnel

The service provider shall appoint a safety manager who is responsible for the implementation and maintenance of

the SMS. Depending on the size of the service provider and the complexity of its aviation products or services, the

responsibilities for the implementation and maintenance of the SMS may be assigned to one or more persons,

fulfilling the role of safety manager, as their sole function or combined with other duties, provided these do not result

in any conflicts of interest.

1.4 Coordination of emergency response planning

The service provider required to establish and maintain an emergency response plan for accidents and incidents in

aircraft operations and other aviation emergencies shall ensure that the emergency response plan is properly

coordinated with the emergency response plans of those organizations it must interface with during the provision of its

products and services.

1.5 SMS documentation

1.5.1 The service provider shall develop and maintain an SMS manual that describes its:

a) safety policy and objectives;

b) SMS requirements;

c) SMS processes and procedures; and

d) accountability, responsibilities and authorities for SMS processes and procedures.

1.5.2 The service provider shall develop and maintain SMS operational records as part of its SMS documentation.

Depending on the size of the service provider and the complexity of its aviation products or services, the SMS manual

and SMS operational records may be in the form of stand- alone documents or may be integrated with other

organizational documents (or documentation) maintained by the service provider.

2. Safety risk management

2.1 Hazard identification

2.1.1 The service provider shall develop and maintain a process to identify hazards associated with its aviation

products or services.


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2.1.2 Hazard identification shall be based on a combination of reactive and proactive methods.

2.2 Safety risk assessment and mitigation

The service provider shall develop and maintain a process that ensures analysis, assessment and control of the

safety risks associated with identified hazards. The process may include predictive methods of safety data analysis.

3. Safety assurance

3.1 Safety performance monitoring and measurement

3.1.1 The service provider shall develop and maintain the means to verify the safety performance of the organization

and to validate the effectiveness of safety risk controls.

3.1.2 The service provider’s safety performance shall be verified in reference to the safety performance indicators and

safety performance targets of the SMS in support of the organization’s safety objectives.

3.2 The management of change

The service provider shall develop and maintain a process to identify changes which may affect the level of safety risk

associated with its aviation products or services and to identify and manage the safety risks that may arise from those

changes.

3.3 Continuous improvement of the SMS

The service provider shall monitor and assess its SMS processes to maintain or continuously improve the overall

effectiveness of the SMS.

4. Safety promotion

4.1 Training and education

4.1.1 The service provider shall develop and maintain a safety training programme that ensures that personnel are

trained and competent to perform their SMS duties.

4.1.2 The scope of the safety training programme shall be appropriate to each individual’s involvement in the SMS.

4.2 Safety communication

The service provider shall develop and maintain a formal means for safety communication that:

a) ensures personnel are aware of the SMS to a degree commensurate with their positions;

b) conveys safety-critical information;

c) explains why particular actions are taken to improve safety; and

d) explains why safety procedures are introduced or changed.


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APPENDIX 1 TO 30.110: PRINCIPLES FOR THE PROTECTION OF SAFETY DATA, SAFETY INFORMATION AND

RELATED SOURCES

1. General principles

1.1 States shall, through national laws, regulations and policies protecting safety data, safety information and related

sources, ensure that:

a) a balance is struck between the need for the protection of safety data, safety information and related sources to

maintain or improve aviation safety, and the need for the proper administration of justice;

b) safety data, safety information and related sources are protected in accordance with this appendix;

c) the conditions under which safety data, safety information and Related sources qualify for protection are specified;

and

d) safety data and safety information remain available for the purpose of maintaining or improving aviation safety.

1.2 When an investigation under Annex 13 has been instituted, accident and incident investigation records listed in

5.12 of Annex 13 shall be subject to the protections accorded therein instead of the protections accorded by this

Annex.

2.Principles of protection

2.1 States shall ensure that safety data or safety information is not used for:

a) disciplinary, civil, administrative and criminal proceedings against employees, operational personnel or

organizations;

b) disclosure to the public; or

c) any purposes other than maintaining or improving safety;unless a principle of exception applies.

2.2 States shall accord protection to safety data, safety information and related sources by ensuring that:

a) the protection is specified based on the nature of safety data and safety information;

b) a formal procedure to provide protection to safety data, safety information and related sources is established;

c) safety data and safety information will not be used in a way different from the purposes for which they were

collected, unless a principle of exception applies; and

d) to the extent that a principle of exception applies, the use of safety data and safety information in disciplinary, civil,

administrative and criminal proceedings will be carried out only under authoritative safeguards.

3.Principles of exception

Exceptions to the protection of safety data, safety information and related sources shall only be granted when the

competent authority:


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a) determines that there are facts and circumstances reasonably indicating that the occurrence may have been

caused by an act or omission considered, in accordance with national laws, to be conduct constituting gross

negligence, wilful misconduct or criminal activity;

b) after reviewing the safety data or safety information, determines that its release is necessary for the proper

administration of justice, and that the benefits of its release outweigh the adverse domestic and international impact

such release is likely to have on the future collection and availability of safety data and safety information; or

c) after reviewing the safety data or safety information, determines that its release is necessary for maintaining or

improving safety, and that the benefits of its release outweigh the adverse domestic and international impact such

release is likely to have on the future collection and availability of safety data and safety information.

4. Public disclosure

4.1 States that have right-to-know laws shall, in the context of requests made for public disclosure, create exceptions

from public disclosure to ensure the continued confidentiality of voluntarily supplied safety data and safety

information.

4.2 Where disclosure is made in accordance with section 3, States shall ensure that:

a) public disclosure of relevant personal information included in the safety data or safety information complies with

applicable privacy laws; or

b) public disclosure of the safety data or safety information is made in a de-identified, summarized or aggregate form.

5. Responsibility of the custodian of safety data and safety information

States shall ensure that each SDCPS has a designated custodian to apply the protection to safety data and safety

information in accordance with applicable provisions of this appendix. The custodian may refer to an individual or

organization.

6. Protection of recorded data

6.1 States shall, through national laws and regulations, provide specific measures of protection regarding the

confidentiality and access by the public to ambient workplace recordings.

6.2 States shall, through national laws and regulations, treat ambient workplace recordings required by national laws

and regulations as privileged protected data subject to the principles of protection and exception as provided for in

this appendix.


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End of RCAR Part 30


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Order no04/CAB.M/018 of 24/07/2018





l'aviation civile


(sé)

GATETE Claver


Kigali, on 24/07/2018

(sé)

GATETE Claver


Kigali, le 24/07/2018

(sé)

GATETE Claver



Repubulika:

(sé)

BUSINGYE Johnston



Republic:

(sé)

BUSINGYE Johnston



(sé)



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No04/CAB.M/018 OF 24/07/2018


REGULATIONS


No04/CAB.M/018 DU 24/07/2018


L'AVIATION CIVILE


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Page 31-1 of 23

Part 31

Aeronautical Charts

SUBPART A: GENERAL .......................................................................................................................... 4 31.001 APPLICABILITY ................................................................................................................................... 4 31.005 DEFINITIONS ...................................................................................................................................... 4 31.010 ABBREVIATIONS & ACRONYMS ...................................................................................................... 10 31.015 ISSUE OF RWANDA CIVIL AVIATION TECHNICAL STANDARDS – AERONAUTICAL CHARTS ... 10 31.020 AVAILABILITY ................................................................................................................................... 10

SUBPART B: CERTIFICATION REQUIREMENTS ................................................................................ 11 31.025 REQUIREMENT FOR CERTIFICATE ............................................................................................... 11 31.030 APPLICATION FOR CERTIFICATE .................................................................................................. 11 31.035 ISSUE OF CERTIFICATE.................................................................................................................. 11 31.040 PRIVILEGES OF CERTIFICATE HOLDER ...................................................................................... 11 31.045 DURATION OF CERTIFICATE ......................................................................................................... 11 31.050 RENEWAL OF CERTIFICATE .......................................................................................................... 12 31.055 AERONAUTICAL CARTOGRAPHY SERVICE ORGANIZATION MANUAL OF OPERATIONS .... 12 31.060 TRAINING PLAN ................................................................................................................................ 12 31.065 AMENDMENT OF CERTIFICATE & MANUAL OF OPERATIONS .................................................... 12

SUBPART C: GENERAL SPECIFICATIONS ........................................................................................ 13 31.070 OPERATIONAL REQUIREMENTS FOR CHARTS .......................................................................... 13 31.075 TITLES ................................................................................................................................................ 13 31.080 MISCELLANEOUS I N F O R M A T I O N ........................................................................................... 13 31.085 SYMBOLS .......................................................................................................................................... 14 31.090 UNITS OF MEASUREMENT ............................................................................................................. 14 31.095 SCALE & PROJECTION ..................................................................................................................... 14 31.100 DATE OF VALIDITY OF AERONAUTICAL INFORMATION ............................................................ 14 31.105 SPELLING OF GEOGRAPHICAL NAMES ....................................................................................... 14 31.110 ABBREVIATIONS .............................................................................................................................. 15 31.115 POLITICAL BOUNDARIES ................................................................................................................. 15 31.120 COLOURS ......................................................................................................................................... 15 31.125RELIEF ................................................................................................................................................. 15 31.130 PROHIBITED, RESTRICTED & DANGER A R E A S ......................................................................... 15 31.135 AIR TRAFFIC SERVICES AIRSPACES ............................................................................................. 15 31.140 MAGNETIC VARIATION ..................................................................................................................... 15 31.145 AERONAUTICAL DATA ...................................................................................................................... 16 31.150 HORIZONTAL REFERENCE SYSTEM .............................................................................................. 16 31.155 VERTICAL REFERENCE SYSTEM .................................................................................................. 16 31.160 TEMPORAL REFERENCE SYSTEM ................................................................................................ 17 31.165 CHARTS TO BE PUBLISHED .......................................................................................................... 17 31.170 USE OF AUTOMATION IN AERONAUTICAL CHARTING .............................................................. 17

SUBPART D: CHARTS .......................................................................................................................... 17


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24

31.175 AERODROME OBSTACLE CHART – ICAO TYPE A ......................................................................... 17 31.180 AERODROME OBSTACLE CHART – ICAO TYPE B ......................................................................... 18 31.185 AERODROME TERRAIN & OBSTACLE CHART – ICAO ( ELECTRONIC) ....................................... 18 31.190 PRECISION APPROACH TERRAIN CHART – I C A O ....................................................................... 18 31.195 EN-ROUTE CHART – ICAO ............................................................................................................... 18 31.200 AREA CHART – ICAO ........................................................................................................................ 18 31.205 STANDARD DEPARTURE CHART – INSTRUMENT (SID) – ICAO ................................................. 18 31.210 STANDARD ARRIVAL CHART – INSTRUMENT (STAR) – ICAO ..................................................... 18 31.215 INSTRUMENT APPROACH CHART – ICAO ..................................................................................... 19 31.220 VISUAL APPROACH CHART – ICAO ................................................................................................ 19 31.225 AERODROME/ HELIPORT CHART – ICAO ....................................................................................... 19 31.230 AERODROME GROUND MOVEMENT CHART – ICAO ................................................................... 19 31.235 AIRCRAFT PARKING/ DOCKING CHART – ICAO ............................................................................ 19 31.240 WORLD AERONAUTICAL CHART – ICAO 1:1 000 000 ................................................................... 19 31.245 AERONAUTICAL CHART – ICAO 1:500 000 ..................................................................................... 20 31.250 AERONAUTICAL NAVIGATION CHART – ICAO SMALL SCALE .................................................... 20 31.255 PLOTTING CHART – ICAO ................................................................................................................ 20 31.260 ELECTRONIC AERONAUTICAL CHART DISPLAY – ICAO............................................................... 20 31.265 ATC SURVEILLANCE MINIMUM ALTITUDE CHART – ICAO .......................................................... 20

SUBPART E: SAFETY OVERSIGHT OF AERONAUTICAL CARTOGRAPHY SERVICES .................... 20 31.270 SAFETY OVERSIGHT FUNCTION ..................................................................................................... 20 31.275 VERIFICATION OF COMPLIANCE WITH SAFETY REGULATORY REQUIREMENTS ................ 20 31.280 SAFETY REGULATORY AUDITS ..................................................................................................... 21 31.285 CORRECTIVE ACTIONS .................................................................................................................... 21 31.290 SAFETY OVERSIGHT OF CHANGES TO FUNCTIONAL SYSTEMS ............................................ 22

SUBPART F: ADMINISTRATIVE FINES ................................................................................................. 22 31.295 ADMINISTRATIVE FINES ................................................................................................................... 22

APPENDIX .............................................................................................................................................. 22 Appendix 1 to 295 ............................................................................................................................................ 22


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24

SUBPART A: GENERAL


(a) These Regulations may be cited as the Civil Aviation (Aeronautical Charts) Regulations.

(b) These Regulations shall apply to organization and persons providing an aeronautical cartographic service

within designated airspaces and at aerodromes for civil aviation purposes in Rwanda.

(c) No entity shall provide an aeronautical cartographic service unless such organization has been certificated

to do so by the Authority in accordance with Subpart B of these Regulations.

(d) The Civil Aviation Technical Standards (Aeronautical Charts) published by the Authority are applicable to

the provision of aeronautical charts for operations in the airspace of Rwanda.

31.005 DEFINITIONS


Aerodrome. A defined area on land or water (including any buildings, installations and equipment)

intended to be used either wholly or in part for the arrival, departure and surface movement of

aircraft;

Aerodrome elevation. The elevation of the highest point of the landing area;

Aerodrome operating minima. The limits of usability of an aerodrome for—

(i) take-off, expressed in terms of runway visual range and/or visibility and, if necessary, cloud

conditions;

(ii) landing in precision approach and landing operations, expressed in terms of visibility and/or

runway visual range and decision altitude/height (DA/H) as appropriate to the category of the

operation;

(iii) landing in approach and landing operations with vertical guidance, expressed in terms of

visibility and/or runway visual range and decision altitude/height (DA/H); and

(iv) landing in non-precision approach and landing operations, expressed in terms of visibility and/or

runway visual range, minimum descent altitude/height (MDA/H) and, if necessary, cloud

conditions;

Aerodrome reference point. The designated geographical location of an aerodrome;

Aeronautical chart. A representation of a portion of the Earth, its culture and relief, specifically

designated to meet the requirements of air navigation;

Aircraft stand. A designated area on an apron intended to be used for parking an aircraft;

Air defence identification zone. Special designated airspace of defined dimensions within which aircraft

are required to comply with special identification and/or reporting procedures additional to those

related to the provision of air traffic services (ATS);

Air traffic service. A generic term meaning variously, flight information service, alerting service, air traffic

advisory service, air traffic control service (area control service, approach control service or

aerodrome control service);

Air transit route. A defined route for the air transiting of helicopters;

Airway. A control area or portion thereof established in the form of a corridor;

Altitude. The vertical distance of a level, a point or an object considered as a point, measured from mean

sea level (MSL);

Application. manipulation and processing of data in support of user requirements (ISO 19104*);

Apron. A defined area, on a land aerodrome, intended to accommodate aircraft for purposes of loading or

unloading passengers, mail or cargo, fuelling, parking or maintenance.


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Page 31-5 of 23

Area minimum altitude (AMA). The minimum altitude to be used under instrument meteorological

conditions (IMC), which provides a minimum obstacle clearance within a specified area, normally formed

by parallels and meridians;

Area navigation (RNAV). A method of navigation which permits aircraft operation on any desired flight

path within the coverage of ground- or space-based navigation aids or within the limits of the

capability of self-contained aids, or a combination of these;

Arrival routes. Routes identified in an instrument approach procedure by which aircraft may proceed from

the en-route phase of flight to an initial approach fix;

ATS route. A specified route designed for channeling the flow of traffic as necessary for the provision of

air traffic services;

ATS surveillance system. A generic term meaning variously, ADS-B, PSR, SSR or any comparable

ground-based system that enables the identification of aircraft;

Bare Earth. surface of the Earth including bodies of water and permanent ice and snow, and excluding

vegetation and man-made objects;

Calendar. discrete temporal reference system that provides the basis for defining temporal position to a

resolution of one day (ISO 19108*);

Canopy. Bare Earth supplemented by vegetation height.

Change-over point. The point at which an aircraft navigating on an ATS route segment defined by

reference to very high frequency omni directional radio ranges is expected to transfer its primary

navigational reference from the facility behind the aircraft to the next facility ahead of the aircraft;

Clearway. A defined rectangular area on the ground or water under the control of the appropriate authority

selected or prepared as a suitable area over which an aeroplane may make a portion of its initial

climb to a specified height.

Contour line. A line on a map or chart connecting points of equal elevation. Specified times;

Data product specification. Detailed description of a data set or data set series together with additional

information that will enable it to be created, supplied to and used by another party (ISO 19131*);

Data quality. A degree or level of confidence that the data provided meets the requirements of the data

user in terms of accuracy, resolution and integrity (or equivalent assurance level), traceability,

timeliness, completeness and format.

Data Resolution. A number of units or digits to which a measured or calculated value is expressed and

used

Data set. Identifiable collection of data (ISO 19101*);

Data set series. Collection of data sets sharing the same product specification (ISO 19115*);

Datum. Any quantity or set of quantities that may serve as a reference or basis for the calculation of other

quantities (ISO 19104*);

Digital Elevation Model (DEM). The representation of terrain surface by continuous elevation values at all

intersections of a defined grid, referenced to common datum;

Displaced threshold. A threshold not located at the extremity of a runway;

Electronic aeronautical chart display. An electronic device by which flight crews are enabled to execute,

in a convenient and timely manner, route planning, route monitoring and navigation by displaying

required information;

Elevation. The vertical distance of a point or a level, on or affixed to the surface of the earth, measured

from mean sea level;

Ellipsoid height (Geodetic height). The height related to the reference ellipsoid, measured along the

ellipsoidal outer normal through the point in question;

Feature. Abstraction of real world phenomena (ISO 19101*);

Feature attribute. Characteristic of a feature (ISO 19101*);

Final approach. That part of an instrument approach procedure which commences at the specified final

approach fix or point, or where such a fix or point is not specified—

(i) at the end of the last procedure turn, base turn or inbound turn of a racetrack procedure, if

specified; or


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24

(ii) at the point of interception of the last track specified in the approach procedure; and

(iii) ends at a point in the vicinity of an aerodrome from which—

(iv) a landing can be made; or

(v) a missed approach procedure is initiated;

Final approach and take-off area (FATO). A defined area over which the final phase of the approach

manoeuvre to hover or landing is completed and from which the take-off manoeuvre is commenced.

Where the FATO is to be used by performance Class 1 helicopters, the defined area includes the

rejected take-off area available;

Final approach fix or point. That fix or point of an instrument approach procedure where the final

approach segment commences;

Final approach segment. That segment of an instrument approach procedure in which alignment and

descent for landing are accomplished;

Flight information region. an airspace of defined dimensions within which flight information service and

alerting service are provided;

Flight level. A surface of constant atmospheric pressure which is related to a specific pressure datum, 1

013.2 hectopascals (hPa), and is separated from other such surfaces by specific pressure intervals;

Geodesic distance. The shortest distance between any two points on a mathematically defined ellipsoidal

surface;

Geodetic datum. A minimum set of parameters required to define location and orientation of the local

reference system with respect to the global reference system/frame;

Geoid. The equipotential surface in the gravity field of the Earth which coincides with the undisturbed

mean sea level (MSL) extended continuously through the continents;

Geoid undulation. The distance of the geoid above (positive) or below (negative) the mathematical

reference ellipsoid;

Glide path. A descent profile determined for vertical guidance during a final approach;

Gregorian calendar. Calendar in general use; first introduced in 1582 to define a year that more closely

approximates the tropical year than the Julian calendar (ISO 19108*);

Height. The vertical distance of a level, point or an object considered as a point, measured from a specific

datum;

Helicopter stand. an aircraft stand which provides for parking a helicopter and where ground taxi

operations are completed or where the helicopter touches down and lifts off for air taxi operations;

Heliport. An aerodrome or a defined area on a structure intended to be used wholly or in part for the

arrival, departure and surface movement of helicopters;

Holding procedure. A predetermined manoeuvre which keeps an aircraft within a specified airspace

while awaiting further clearance;

Hot spot. A location on an aerodrome movement area with a history or potential risk of collision or runway

incursion, and where heightened attention by pilots/drivers is necessary;

Human Factors principles. Principles which apply to aeronautical design, certification, training,

operations and maintenance and which seek safe interface between the human and other system

components by proper consideration to human performance;

Hypsometric tints. A succession of shades or colour gradations used to depict ranges of elevation;

Initial approach segment. That segment of an instrument approach procedure between the initial

approach fix and the intermediate approach fix or, where applicable, the final approach fixes or

point;

Instrument approach procedure. A series of predetermined manoeuvres by reference to flight

instruments with specified protection from obstacles from the initial approach fix, or where

applicable, from the beginning of a defined arrival route to a point from which a landing can be


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completed and thereafter, if a landing is not completed, to a position at which holding or en-route

obstacle clearance criteria apply;

Integrity classification (aeronautical data). Classification based upon the potential risk resulting from

the use of corrupted data. Aeronautical data is classified as—

(i) routine data: there is a very low probability when using corrupted routine data that the continued

safe flight and landing of an aircraft would be severely at risk with the potential for catastrophe;

(ii) essential data: there is a low probability when using corrupted essential data that the continued

safe flight and landing of an aircraft would be severely at risk with the potential for catastrophe;

(iii) critical data: there is a high probability when using corrupted critical data that the continued safe

flight and landing of an aircraft would be severely at risk with the potential for catastrophe;

Intermediate approach segment. That segment of an instrument approach procedure between either the

intermediate approach fix and the final approach fix or point, or between the end of a reversal,

racetrack or dead reckoning track procedure and the final approach fix or point, as appropriate;

Intermediate holding position. A designated position intended for traffic control at which taxiing aircraft

and vehicles shall stop and hold until further cleared to proceed, when so instructed by the

aerodrome control tower;

Isogonal. A line on a map or chart on which all points have the same magnetic variation for a specified

epoch;

Isogriv. A line on a map or chart which joins points of equal angular difference between the North of the

navigation grid and Magnetic North;

Landing area. That part of a movement area intended for the landing or take-off of aircraft;

Landing direction indicator. A device to indicate visually the direction currently designated for landing

and for take-off;

Level. A generic term relating to the vertical position of an aircraft in flight and meaning variously, height,

altitude or flight level;

Logon address. A specified code used for data link logon to an ATS unit;

Magnetic variation. The angular difference between True North and Magnetic North;

Manoeuvring area. That part of an aerodrome to be used for the take-off, landing and taxiing of aircraft,

excluding aprons;

Marking. A symbol or group of symbols displayed on the surface of the movement area in order to convey

aeronautical information.

Metadata. Data about data (ISO 19115*);

Minimum en-route altitude (MEA). The altitude for an en-route segment that provides adequate

reception of relevant navigation facilities and ATS communications, complies with the airspace

structure and provides the required obstacle clearance;

Minimum obstacle clearance altitude (MOCA). The minimum altitude for a defined segment of flight that

provides the required obstacle clearance;

Minimum sector altitude (MSA). The lowest altitude which may be used which will provide a minimum

clearance of 300 m (1 000 ft) above all objects located in an area contained within a sector of a

circle of 46 km (25 NM) radius centred on significant point, the aerodrome reference point (ARP), or

the heliport reference point (HRP);

Missed approach point (MAPt). That point in an instrument approach procedure at or before which the

prescribed missed approach procedure must be initiated in order to ensure that the minimum

obstacle clearance is not infringed;

Missed approach procedure. The procedure to be followed if the approach cannot be continued;

Movement area. That part of an aerodrome to be used for the take-off, landing and taxiing of aircraft,

consisting of the manoeuvring area and the apron(s);


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Navigation specification. A set of aircraft and flight crew requirements needed to support performance-

based navigation operations within a defined airspace. There are two kinds of navigation

specifications—

(i) Required navigation performance (RNP) specification. A navigation specification based on area

navigation that includes the requirement for performance monitoring and alerting, designated

by the prefix RNP, e.g. RNP 4, RNP APCH;

(ii) Area navigation (RNAV) specification. A navigation specification based on area navigation that

does not include the requirement for performance monitoring and alerting, designated by the

prefix RNAV, e.g. RNAV 5, RNAV;

Obstacle. All fixed (whether temporary or permanent) and mobile objects, or parts thereof, that—

(i) are located on an area intended for the surface movement of aircraft; or

(ii) extend above a defined surface intended to protect aircraft in flight; or

(iii) stand outside those defined surfaces and that have been assessed as being a hazard to air

navigation;

Obstacle clearance altitude (OCA) or obstacle clearance height (OCH). The lowest altitude or the lowest

height above the elevation of the relevant runway threshold or the aerodrome elevation as

applicable, used in establishing compliance with appropriate obstacle clearance criteria;

Obstacle free zone (OFZ). The airspace above the inner approach surface, inner transitional surfaces,

and balked landing surface and that portion of the strip bounded by these surfaces, which is not

penetrated by any fixed obstacle other than a low-mass and frangibly mounted one required for air

navigation purposes;

Orthometric height. Height of a point related to the geoid, generally presented as an MSL elevation;

Performance-based navigation (PBN). Area navigation based on performance requirements for aircraft

operating along an ATS route, on an instrument approach procedure or in a designated airspace;

Point light. A luminous signal appearing without perceptible length;

Portrayal. Presentation of information to humans (ISO 19116*);

Position (geographical). Set of coordinates (latitude and longitude) referenced to the mathematical

reference ellipsoid which define the position of a point on the surface of the Earth;

Precision approach procedure. An instrument approach procedure utilizing azimuth and glide path

information provided by ILS or PAR;

Procedure altitude/height. A published altitude/height used in defining the vertical profile of a flight

procedure, at or above the minimum obstacle clearance altitude/height where established.

Procedure turn. Manoeuvre in which a turn is made away from a designated track followed by a turn in

the opposite direction to permit the aircraft to intercept and proceed along the reciprocal of the

designated track;

Prohibited area. An airspace of defined dimensions, above the land areas or territorial waters of a State,

within which the flight of aircraft is prohibited;

Relief. The inequalities in elevation of the surface of the Earth represented on aeronautical charts by

contours, hypsometric tints, shading or spot elevations;

Reporting point. A specified (named) geographical location in relation to which the position of an aircraft

can be reported;

Resolution. A number of units or digits to which a measured or calculated value is expressed and used;

Restricted area. An airspace of defined dimensions, above the land areas or territorial waters of a State,

within which the flight of aircraft is restricted in accordance with certain specified conditions;

Reversal procedure. A procedure designed to enable aircraft to reverse direction during the initial

approach segment of an instrument approach procedure. The sequence may include procedure

turns or base turns;


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Runway. A defined rectangular area on a land aerodrome prepared for the landing and take-off of aircraft;

Runway-holding position. A designated position intended to protect a runway, an obstacle limitation

surface, or an ILS/MLS critical/sensitive area at which taxiing aircraft and vehicles shall stop and

hold, unless otherwise authorized by the aerodrome control tower;

Runway strip. A defined area including the runway and stopway, if provided, intended—

(i) to reduce the risk of damage to aircraft running off a runway; and

(ii) to protect aircraft flying over it during take-off or landing operations;

Runway visual range (RVR). The range over which the pilot of an aircraft on the centre line of a runway

can see the runway surface markings or the lights delineating the runway or identifying its centre

line;

Shoulder. An area adjacent to the edge of a pavement so prepared as to provide a transition between the

pavement and the adjacent surface;

Significant point. A specified geographical location used in defining an ATS route or the flight path of an

aircraft and for other navigation and ATS purposes;

Stopway. A defined rectangular area on the ground at the end of take-off run available prepared as a

suitable area in which an aircraft can be stopped in the case of an abandoned take-off;

Taxiing. movement of an aircraft on the surface of an aerodrome under its own power, excluding take-off

and landing;

Taxi-route. A defined path established for the movement of helicopters from one part of a heliport to

another. A taxi-route includes a helicopter air or ground taxiway which is centred on the taxi-route;

Taxiway. A defined path on a land aerodrome established for the taxiing of aircraft and intended to provide

a link between one part of the aerodrome and another, including—

(i) Aircraft stand taxilane. A portion of an apron designated as a taxiway and intended to provide

access to aircraft stands only;

(ii) Apron taxiway. A portion of a taxiway system located on an apron and intended to provide a

through taxi route across the apron;

(iii) Rapid exit taxiway. A taxiway connected to a runway at an acute angle and designed to allow

landing aeroplanes to turn off at higher speeds than are achieved on other exit taxiways thereby

minimizing runway occupancy times;

Terminal arrival altitude (TAA). The lowest altitude that will provide a minimum clearance of 300 m (1

000 ft) above all objects located in an arc of a circle defined by a 46 km (25 NM) radius centred on

the Initial Approach Fix (IAF), or where there is no IAF on the Intermediate approach Fix (IF),

delimited by straight lines joining the extremity of the arc to the IF. The combined TAAs associated

with an approach procedure shall account for an area of 360 degrees around the IF;

Terrain. The surface of the Earth containing naturally occurring features such as mountains, hills, ridges,

valleys, bodies of water, permanent ice and snow, and excluding obstacles;

Threshold. The beginning of that portion of the runway usable for landing;

Touchdown and lift-off area (TLOF). A load bearing area on which a helicopter may touch down or lift

off;

Touchdown zone. The portion of a runway, beyond the threshold, where it is intended landing aeroplanes

first contact the runway;

Track. The projection on the earth’s surface of the path of an aircraft, the direction of which path at any

point is usually expressed in degrees from North (true, magnetic or grid);

Transition altitude. The altitude at or below which the vertical position of an aircraft is controlled by

reference to altitudes;

Vectoring. Provision of navigational guidance to aircraft in the form of specific headings, based on the use

of an ATS surveillance system;


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24

Visual approach procedure. A series of predetermined manoeuvres by visual reference, from the initial

approach fix, or where applicable, from the beginning of a defined arrival route to a point from which

a landing can be completed and thereafter, if a landing is not completed, a go-around procedure can

be carried out;

Waypoint. A specified geographical location used to define an area navigation route or the flight path of

an aircraft employing area navigation. Waypoints are identified as either—

(i) Fly-by waypoint. A waypoint which requires turn anticipation to allow tangential interception of

the next segment of a route or procedure; or

(ii) Flyover waypoint. A waypoint at which a turn is initiated in order to join the next segment of a

route or procedure.


(a) The following acronyms or abbreviations are used in this Part—

AMA = Area Minimum Altitude

APCH = Approach

ATS = Air Traffic Services

DEM = Digital Elevation Model

hPa = hectopascals ()

IAF = Initial Approach Fix

IF = Intermediate Approach Fix

ILS = Instrument Landing System

IMC = Instrument Meteorological Conditions

MAPt = Missed Approach Point

MEA = Minimum En-route Altitude

MOCA = Minimum Obstacle Clearance Altitude

MSA = Minimum Sector Altitude

MSL = Mean Sea Level

OCA = Obstacle Clearance Altitude

OCH = Obstacle Clearance Height

OFZ = Obstacle Free Zone

FATO = Final Approach and Takeoff Area

PBN = Performance-Based Navigation

PAR = Precision Approach Radar

RCAR = Rwanda Civil Aviation Regulations

RCAA = Rwanda Civil Aviation Authority

RVR = Runway Visual Range

RNP = Required navigation performance

RNAV = Area Navigation

TAA = Terminal Arrival Area

TLOF = Touchdown and Lift-off area

31.015 ISSUE OF RWANDA CIVIL AVIATION TECHNICAL STANDARDS – AERONAUTICAL CHARTS

(a) The Authority shall issue Rwanda Civil Aviation Technical Standards (Aeronautical Charts) prescribing the

standards for these Regulations.

31.020 AVAILABILITY

(a) The certificated cartographic service provider shall ensure that—


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(1) on the request of another State provide all information relating to its area of jurisdiction;

(2) the availability of charts is as provided in these regulations;

(3) for any chart or single sheet of a chart series entirely contained within the territory of the state,

either—

(i) produce the chart or sheet itself; or

(ii) arrange for the production of the chart or sheet by another State or by an agency; or

(iii) provide another State prepared to accept an obligation to produce the chart or sheet with the

data necessary for its production.

(4) for any chart or single sheet of a chart series which includes the territory of a Contracting State, in

consultation with that state having jurisdiction over the territory concerned determine the manner in

which the chart or sheet will be made available.

(5) take all reasonable measures to ensure that the information provided and the aeronautical charts

made available are adequate and accurate and that aeronautical charts are maintained up to date by

an adequate revision service.

SUBPART B: CERTIFICATION REQUIREMENTS

31.025 REQUIREMENT FOR CERTIFICATE

(a) No person shall provide an aeronautical cartography service for the Kigali FIR except under the authority of,

and in accordance with the provisions of, an aeronautical cartography service certificate issued under these

Regulations.


(a) An applicant for an aeronautical cartography service certificate shall complete an application, in a form and

in the manner prescribed by the Authority, and submit it to the Authority with—




(a) The Authority shall issue an aeronautical cartography service certificate to an applicant if the Authority is

satisfied that—

(1) the applicant meets the requirements of these Regulations and standards prescribed by the Authority;

and


31.040 PRIVILEGES OF CERTIFICATE HOLDER

(a) The aeronautical cartography service certificate shall specify the aeronautical cartography services that the

certificate holder is authorised to provide


(a) An aeronautical cartography service certificate shall be granted or renewed for a period of up to 2 years.

(b) An aeronautical cartography service certificate shall remain in force until it expires or is suspended or

revoked.

(c) The Authority may, by written notice given to the holder of an aeronautical cartography service certificate,

suspend or revoke the certificate if there are reasonable grounds for believing that—



(d) Before suspending or cancelling an aeronautical cartography service certificate, the Authority shall—


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(i) sets out the facts and circumstances that, in the opinion of the Authority, would justify the

suspension or cancellation; and

(ii) invites the holder to show cause, in writing, within 30 days after the date of the notice, why the

certificate should not be suspended or revoked; and


(e) The holder of an aeronautical cartography service certificate that has been suspended or revoked shall

forthwith surrender the certificate to the Authority.


(a) An application for the renewal of an aeronautical cartography service certificate shall complete an

application, in a form and in the manner prescribed by the Authority, and submit it to the Authority.

(b) The application for the renewal shall be made not less than 90 days before the expiry date specified on the

certificate.

31.055 AERONAUTICAL CARTOGRAPHY SERVICE ORGANIZATION MANUAL OF OPERATIONS

(a) An applicant for the grant of an aeronautical cartography service certificate shall provide the Authority with

a manual of operations that contains—

(1) a list of the aeronautical cartography services to be covered by the certificate; and

(2) details of the applicant’s procedures regarding—

(i) the competence of personnel; and

(ii) the control of documentation; and

(iii) the collection of data; and

(iv) the publication of aeronautical charts; and

(v) the correction of errors in published charts; and

(vi) the identification, collection, indexing, storage, maintenance, and disposal of records; and

(vii) procedures to control, amend and distribute the manual of operations.

(3) job description for Aeronautical cartography technical staff.

(4) training programme for Aeronautical cartography technical staff

(b) The applicant’s manual of operations shall be approved by the Authority.

31.060 TRAINING PLAN

(a) 1The Aeronautical Cartography service provider shall establish and implement the training plan for

aeronautical cartography technical staff.

(b) The Aeronautical Cartography service provider shall maintain individual training records for each of its staff.

31.065 AMENDMENT OF CERTIFICATE & MANUAL OF OPERATIONS

(a) A holder of an aeronautical cartography service certificate shall ensure that the holder’s manual of

operations is amended so as to remain a current description of the holder’s organisation and services.

(b) The certificate holder shall ensure that any amendment made to manual of operations meets the applicable

requirements of these Regulations, the standards prescribed by the Authority and complies with the

amendment procedures contained in the manual of operations.

(c) The certificate holder shall forward to the Authority for approval and retention a copy of each amendment to

manual of operations before incorporating the amendment into the manual of operations.

(d) If there is any change that requires an amendment to the certificate, the certificate holder shall forward the

certificate to the Authority for endorsement of the change as soon as practicable.


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(e) The certificate holder shall make such amendments to the manual of operations as the Authority may

consider necessary in the interests of aviation safety.

SUBPART C: GENERAL SPECIFICATIONS

31.070 OPERATIONAL REQUIREMENTS FOR CHARTS

(a) The certificated aeronautical cartographic service provider shall ensure that each type of chart provides

information —

(1) relevant to the function of the chart and the design of the chart observes Human Factors principles to

facilitate its optimum use;

(2) for the safe and expeditious operation of the aircraft appropriate to the phase of flight as listed

below—

(i) Phase 1: Taxi from aircraft stand to take off

(ii) Phase 2: Take off and climb to en-route ATS route structure

(iii) Phase 3: Enroute ATS route structure

(iv) Phase 4: Descent to approach

(v) Phase 5: Approach to land and missed approach

(vi) Phase 6: Landing and taxi to aircraft stand.

(3) that is accurate, free from distortion and clutter, unambiguous, and readable under all normal

operating conditions;

(4) and that the colours or tints and type size used are such that the chart can be easily read and

interpreted by the pilot in varying conditions of natural and artificial light.

(5) in a form which enables the pilot to acquire information in a reasonable time consistent with workload

and operating conditions.

(6) that permits smooth transition from chart to chart as appropriate to the phase of flight.

(b) The charts shall be True North orientated.

(c) The basic sheet size of the charts shall be 210 × 297 mm (8.27 x 11.69 inches) (A4).

31.075 TITLES

(a) The aeronautical cartographic service provider shall ensure that the title of a chart or chart series prepared

in accordance with these regulations intended to satisfy the function of the chart is that of the relevant part

heading except that such title shall not include “ICAO” unless the chart conforms with all requirements

specified in part III and any other specified for the particular chart

31.080 MISCELLANEOUS I N F O R M A T I O N

(a) The aeronautical cartographic service provider shall ensure that—

(1) the marginal note layout is as given in R-CATS (Aeronautical Charts) Appendix 1, except as otherwise

specified for a particular chart.

(2) the following information is shown on the face of each chart unless otherwise stated in the

specification of the chart concerned—

(i) designation or title of the chart series;

(ii) name and reference of the sheet;

(iii) on each margin an indication of the adjoining sheet where applicable.

(3) a legend to the symbols and abbreviations used is provided on the face or reverse of each chart

except that, where it is impracticable for reasons of space, a legend may be published separately; and

(4) the name and adequate address of the producing agency is shown in the margin of the chart except

that, where the chart is published as part of an aeronautical document, this cartographic may be

placed in the front of that document.


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31.085 SYMBOLS


(1) The symbols used conform to those specified in R-CATS (Aeronautical Charts) Appendix 2 of these

regulations, except that where it is desired to show on an aeronautical chart special features or items

of importance to civil aviation for which no ICAO symbol is at present provided, any appropriate

symbol may be chosen for this purpose, provided that it does not cause confusion with any existing

ICAO chart symbol or impair the legibility of the chart;

(2) the same basic symbol is used on all charts on which it appears, regardless of chart purpose. to

represent ground-based navigation aids, intersections and waypoints;

(3) the symbol used for significant points is based on a hierarchy of symbols and selected in the following

order—

(i) ground-based navigation aid;

(ii) intersection;

(iii) waypoint symbol;

(4) a waypoint symbol is used only when a particular significant point does not already exist as either a

ground-based navigation aid or intersection; and

(5) the symbols are shown in the manner specified in paragraph (b), (c) and (d) and in the R-CATS

(Aeronautical Charts), Appendix 2, ICAO Chart Symbols, symbol number 121.

31.090 UNITS OF MEASUREMENT

(a) The aeronautical cartographic service provider shall ensure that the—

(1) distances are derived as geodesic distances;

(2) distances are expressed in either kilometres or nautical miles or both, provided the units are clearly

differentiated;

(3) altitudes, elevations and heights are expressed in either metres or feet or both, provided the units are

clearly differentiated;

(4) linear dimensions on aerodromes and short distances are expressed in metres;

(5) order of resolution of distances, dimensions, elevations and heights are as specified for a particular

chart;

(6) units of measurement used to express distances, altitudes, elevations and heights are conspicuously

stated on the face of each chart; and

(7) conversion scales are provided on each chart on which distances, elevations or altitudes are shown

and shall be placed on the face of each chart.

31.095 SCALE & PROJECTION


(1) the name and basic parameters and scale of the projection are indicated for charts of large areas; and

(2) for charts of small areas, a linear scale only is indicated.

31.100 DATE OF VALIDITY OF AERONAUTICAL INFORMATION

(a) The aeronautical cartographic service provider shall clearly indicate on the face of each chart the date of

validity of aeronautical information.

31.105 SPELLING OF GEOGRAPHICAL NAMES


(1) the symbols of the Roman alphabet are used for all writing;

(2) the word where a geographical term is abbreviated on any particular chart are spelt out in full; and

(3) the punctuation marks are not used in abbreviations within the body of a chart.


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31.110 ABBREVIATIONS

(a) The aeronautical cartographic service provider shall ensure that abbreviations are—

(1) used on aeronautical charts whenever they are appropriate; and

(2) selected from the Procedures for Air Navigation Services – ICAO document abbreviations and codes

number 8400 where applicable.

31.115 POLITICAL BOUNDARIES


(1) international boundaries are shown, but may be interrupted if data more important to the use of the

chart would be obscured; and

(2) names identifying the countries are indicated where the territory of more than one State appears on a

chart.

31.120 COLOURS

(a) The aeronautical cartographic service provider shall ensure that the colours used on charts conform to the

Colour Guide in R-CATS (Aeronautical Charts), Appendix 6.

31.125RELIEF

(a) The cartographic service provider shall ensure that—

(1) relief, where shown, is portrayed in a manner that will satisfy the chart users’ need for—

(i) Orientation and identification;

(ii) Safe terrain clearance;

(iii) Clarity of aeronautical cartographic when shown;

(iv) Planning.

(2) the tints used where relief is shown by hypsometric tints, are based on those shown in the

Hypsometric Tint Guide in fourth Schedule of the Regulation;

(3) the spot elevations are shown for selected critical points where spot elevations are used; and

(4) the value of spot elevations of doubtful accuracy is followed by the sign ±.

31.130 PROHIBITED, RESTRICTED & DANGER A R E A S

(a) The aeronautical cartographic service provider shall ensure that the reference or other identification are

included when prohibited, restricted or danger areas are shown, except that the nationality letters may be

omitted.

31.135 AIR TRAFFIC SERVICES AIRSPACES

(a) The aeronautical cartographic service provider shall ensure that the class of airspace, the type, name or

call sign, the vertical limits and the radio frequency to be used is indicated when ATS airspace is shown on

a chart, and the horizontal limits specified in accordance to R-CATS (Aeronautical Charts) Appendix 2.

31.140 MAGNETIC VARIATION


(1) the True North and magnetic variation are indicated and the order of resolution of magnetic variation

is that as specified for a particular chart;

(2) when magnetic variation is shown on a chart, the values shown are those for the year nearest to the

date of publication that is divisible by 5; and

(3) an interim date and value are quoted in exceptional cases where the current value would be more

than one degree different, after applying the calculation for annual change.


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31.145 AERONAUTICAL DATA


(1) all necessary measures are taken to introduce a properly organized quality system containing

procedures, processes and resources necessary to implement quality management at each function

stage as specified in Rwanda Civil Aviation Technical Standards – Aeronautical Information Services ;

(2) the execution of such quality management is made demonstrable for each function stage, when

required;

(3) the established procedures exist in order that aeronautical data at any moment is traceable to its

origin so to allow any data anomalies or errors, detected during the production and maintenance

phases or in the operational use, to be corrected;

(4) chart resolution of aeronautical data is as specified for a particular chart ;

(5) the integrity of aeronautical data is maintained throughout the data process from origination to

distribution to the next intended user;

(6) Digital data error detection techniques are used during the transmission and / or storage of

aeronautical data and digital data sets.

31.150 HORIZONTAL REFERENCE SYSTEM


(1) World Geodetic System — 1984 is used as the horizontal reference system;

(2) published aeronautical geographical coordinates indicating latitude and longitude are expressed in

terms of the WGS-84 geodetic reference datum;

(3) geographical coordinates which have been transformed into WGS-84 coordinates but whose

accuracy of original field work does not meet the requirements in Rwanda Civil Aviation Technical

Standards - Air Traffic Services and the Civil Aviation (Aerodrome) Regulations are identified by an

asterisk; and

(4) Chart resolution of geographical coordinates is as specified for a particular chart series.

31.155 VERTICAL REFERENCE SYSTEM


(1) mean sea level datum is used as the vertical reference system;

(2) elevations referenced to mean sea level, for the specific surveyed ground positions, geoid undulation

for the surveyed positions are published as specified for a particular chart; and

(3) Chart resolution of elevation and geoid undulation is as specified for a particular chart series.


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31.160 TEMPORAL REFERENCE SYSTEM


(1) the Gregorian calendar and Coordinated Universal Time are used as the temporal reference system;

and

(2) When a different temporal reference system is used for charting, this shall be indicated in the

Aeronautical Information Publication (AIP).

31.165 CHARTS TO BE PUBLISHED

(a) The aeronautical cartographic service provider shall publish the following charts, as applicable and in

accordance to the requirements as prescribed by the Authority—

(1) Aerodrome Obstacle Chart– ICAO Type A

(2) Precision Approach Terrain Chart – ICAO

(3) En-route Chart – ICAO

(4) Area Chart – ICAO or, alternatively, Standard Departure Chart – Instrument (SID) – ICAO and

Standard Arrival Chart – Instrument (STAR) – ICAO

(5) Instrument Approach Chart – ICAO

(6) Visual Approach Chart – ICAO

(7) Aerodrome/Heliport Chart – ICAO

(8) Aerodrome Ground Movement Chart – ICAO (only if not provided on the aerodrome/heliport chart)

(9) Aircraft Parking/Docking Chart – ICAO (only if not provided on the aerodrome/heliport chart)

(10) World Aeronautical Chart – ICAO 1: 1 000 000 or, alternatively, Aeronautical Chart – ICAO 1: 500 000

or Aeronautical Navigation Chart – ICAO Small Scale

(11) Plotting Chart – ICAO (only where the En-route Chart – ICAO is not provided)

(12) ATC Surveillance Minimum Altitude Chart – ICAO (only where vectoring procedures are established,

but minimum vectoring altitudes cannot be shown on the Area Chart, Standard Departure Chart –

Instrument (SID) or Standard Arrival Chart-Instrument (STAR).

31.170 USE OF AUTOMATION IN AERONAUTICAL CHARTING

(a) An aeronautical cartographic service provider shall ensure that an Aeronautical charting automated

systems comply with the following requirements—

(1) provide for continuous and timely updating of the system database and monitoring of the validity and

(2) quality of the aeronautical information stored;

(3) integrate data from a wide variety of sources;

(4) temporally manage information and related products, to make sure that charts are always up to date;

(5) facilitate inspection of the aeronautical chart content, possibly through the synchronization of the

(6) graphical elements with the central database content via specific metadata;

(7) provide users with definable rules/templates to facilitate the assembling of the final chart product; and

(8) ensure products and services are equally available to humans and computer systems, through

specific digital formats for capturing and processing the information.

SUBPART D: CHARTS

31.175 AERODROME OBSTACLE CHART – ICAO TYPE A

(a) The aeronautical cartographic service provider shall ensure that the Aerodrome Obstacle chart – ICAO

Type A, provides the data necessary to enable an operator to comply with the operating limitations of the

Civil Aviation (Operations of Aircraft) Regulations.


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31.180 AERODROME OBSTACLE CHART – ICAO TYPE B

(a) The aeronautical cartographic service provider shall ensure that the Aerodrome Obstacle Chart – Type B

provides information to satisfy the following functions—

(1) the determination of minimum safe altitudes/heights including those for circling procedures;

(2) the determination of procedures for use in the event of an emergency during take-off or landing;

(3) the application of obstacle clearing and marking criteria; and

(4) the provision of source material for aeronautical charts.

31.185 AERODROME TERRAIN & OBSTACLE CHART – ICAO ( ELECTRONIC)

(a) The aeronautical cartographic service provider shall ensure that the Aerodrome Terrain and Obstacle Chart

electronic portrays the terrain and obstacle data in combination with aeronautical data, as appropriate,

necessary to—

(1) enable an operator to comply with the operating limitations of the Civil Aviation (operation of aircraft)

Regulations, by developing contingency procedures for use in the event of an emergency during a

missed approach or take-off, and by performing aircraft operating limitations analysis; and

(2) support the following air navigation applications—

(i) instrument procedure design (including circling procedure);

(ii) aerodrome obstacle restriction and removal; and

(iii) provision of source data for the production of other aeronautical charts.

31.190 PRECISION APPROACH TERRAIN CHART – I C A O

(a) The aeronautical cartographic service provider shall ensure that the precision approach terrain chart

provides detailed terrain profile information within a defined portion of the final approach so as to enable

aircraft operating agencies to assess the effect of the terrain on decision height determination by the use of

radio altimeters.

31.195 EN-ROUTE CHART – ICAO

(a) The aeronautical cartographic service provider shall ensure that the En-route chart provides flight crews

with information to facilitate navigation along Air Traffic Service routes in compliance with air traffic services

procedures

31.200 AREA CHART – ICAO

(a) The aeronautical cartographic service provider shall ensure that the area chart provides the flight crew with

information to facilitate the following phases of instrument flight—

(1) the transition between the en-route phase and approach to an aerodrome;

(2) the transition between take-off/missed approach and en-route phase of flight; and

(3) flights through areas of complex ATS routes or airspace structure.

31.205 STANDARD DEPARTURE CHART – INSTRUMENT (SID) – ICAO

(a) The aeronautical cartographic service provider shall ensure that the standard departure chart - instrument

provides the flight crew with information to enable it to comply with the designated standard departure route

instrument from take-off phase to the en-route phase.

31.210 STANDARD ARRIVAL CHART – INSTRUMENT (STAR) – ICAO

(a) The aeronautical cartographic service provider shall ensure that the chart provides the flight crew with

information to enable the flight crew to comply with the designated standard arrival route instrument from

the en-route phase to the approach phase.


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31.215 INSTRUMENT APPROACH CHART – ICAO

(a) The aeronautical cartographic service provider shall ensure that the Instrument Approach chart provides

flight crews with information which will enable the flight crew to perform an approved instrument approach

procedure to the runway of intended landing including the missed approach procedure and, where

applicable, associated holding patterns.

31.220 VISUAL APPROACH CHART – ICAO

(a) The aeronautical cartographic service provider shall ensure that the Visual Approach chart provides flight

crews with information which will enable the flight crew to transit from the en-route or descent to approach

phases of flight to the runway of intended landing by means of visual reference.

31.225 AERODROME/ HELIPORT CHART – ICAO


(1) aerodrome or heliport chart provides flight crews with information to facilitate the ground movement of

aircraft -

(i) from the aircraft stand to the runway; and

(ii) from the runway to the aircraft stand; and

(2) aerodrome or heliport chart provides flight crews with information to facilitate the helicopter

movement—

(i) from the helicopter stand to the touchdown and lift-off area and to the final approach and take-

off area;

(ii) from the final approach and take-off area to the touchdown and lift-off area and to the helicopter

stand;

(iii) along helicopter ground and air taxiways; and

(iv) along air transit routes.

(3) aerodrome or heliport chart provides essential operational information at the aerodrome or heliport.

31.230 AERODROME GROUND MOVEMENT CHART – ICA O

(a) The aeronautical cartographic service provider shall ensure that the aerodrome ground movement chart

provides flight crews with detailed information to facilitate the ground movement of aircraft to and from the

aircraft stands and the parking or docking of aircraft.

31.235 AIRCRAFT PARKING/ DOCKING CHART – ICAO

(a) The aeronautical cartographic service provider shall ensure that the aircraft parking chart provides flight

crews with detailed information to facilitate the ground movement of aircraft between the taxiways and the

aircraft stands and the parking/docking of aircraft.

31.240 WORLD AERONAUTICAL CHART – ICAO 1:1 000 000

(a) The aeronautical cartographic service provider shall ensure that the World Aeronautical chart – 1:1,000.000

provides information to satisfy the requirements of visual air navigation—

(1) as a basic aeronautical chart—

(i) when highly specialized charts lacking visual cartographic do not provide essential data;

(ii) to provide complete world coverage at a constant scale with a uniform presentation of

planimetric data;

(iii) in the production of other charts required by international civil aviation;

(2) as a pre-flight planning chart


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31.245 AERONAUTICAL CHART – ICAO 1:500 000

(a) The aeronautical cartographic service provider shall ensure that the aeronautical chart - 1: 500,000

provides information to satisfy the requirements of visual air navigation for low speed, short- or medium-

range operations at low and intermediate altitudes.

31.250 AERONAUTICAL NAVIGATION CHART – ICAO SMALL SCALE

(a) The aeronautical cartographic service provider shall ensure that the aeronautical navigation chart – small

scale—

(1) serves as an air navigation aid for flight crews of long-range aircraft at high altitudes;

(2) provides selective checkpoints over extensive ranges for identification at high altitudes and speeds,

which are required for visual confirmation of position;

(3) provides for continuous visual reference to the ground during long-range flights over areas lacking

radio or other electronic navigation aids, or over areas where visual navigation is preferred or

becomes necessary;

(4) provides a general purpose chart series for long-range flight planning and plotting.

31.255 PLOTTING CHART – ICAO

(a) The Aeronautical cartographic service provider shall ensure that the plotting chart provides a means of

maintaining a continuous flight record of the aircraft position by various fixing methods and dead reckoning

in order to maintain an intended flight path.

31.260 ELECTRONIC AERONAUTICAL CHART DISPLAY – ICAO

The Aeronautical cartographic service provider shall ensure that the Electronic Aeronautical Chart Display —

ICAO, with adequate back-up arrangements and in compliance with the requirements of Civil Aviation

(Operations of aircraft) Regulations for charts, enables flight crews to execute, in a convenient and timely

manner, route planning, route monitoring and navigation by displaying the required information.

31.265 ATC SURVEILLANCE MINIMUM ALTITUDE CHART – ICAO


(1) the ATC Surveillance Minimum Altitude chart provides information that will enable flight crews to

monitor and cross-check altitudes assigned by a controller using an ATS surveillance system;

(2) a note indicating that the chart may only be used for cross-checking of altitudes assigned while the

aircraft is identified is prominently displayed on the face of the chart.

SUBPART E: SAFETY OVERSIGHT OF AERONAUTICAL CARTOGRAPHY SERVICES

31.270 SAFETY OVERSIGHT FUNCTION

(a) The Authority shall exercise safety oversight as part of its supervision of requirements applicable to

aeronautical cartography services in order to monitor the safe provision of these activities and to verify that

the applicable safety regulatory requirements and their implementing arrangements are met.


(a) The Authority shall establish a process in order to verify compliance with applicable safety regulatory

requirements prior to the issue or renewal of a certificate necessary to provide aeronautical cartography

services including safety-related conditions attached to it.




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(2) be supported by documentation specifically intended to provide safety oversight personnel with

guidance to perform their functions;


(4) be based on safety regulatory audits and reviews conducted;



(a) The Authority shall conduct safety regulatory audits of all aeronautical cartography services provider.


(1) provide the Authority with evidence of compliance with applicable safety regulatory requirements and

with implementing arrangements by evaluating the need for improvement or corrective action;

(2) be independent of internal auditing activities undertaken by the service provider concerned as part of

its safety or quality management systems;

(3) be conducted by qualified inspectors;

(4) apply to complete implementing arrangements or elements thereof, and to processes, products or

services;





(6) lead to the correction of any identified non-conformities

(c) Within the inspection programme, the Authority shall establish and update at least annually a programme of

safety regulatory audits in order to—

(1) cover all the areas of potential safety concern, with a focus on those areas where problems have been

identified;

(2) cover all the service providers, services;

(3) ensure that audits are conducted in a manner commensurate to the level of risk posed by the service

providers’ activities;

(4) ensure that sufficient audits are conducted over a period of 1 year to check the compliance of all these

service providers with applicable safety regulatory requirements in all the relevant areas of the

functional system;


(d) The Authority may decide to modify the scope of pre-planned audits and to include additional audits,

wherever that need arises.

(e) The Authority shall decide which arrangements, elements, services, functions, products, physical locations

and activities are to be audited within a specified time frame.

(f) Audit observations and identified non-conformities shall be documented. The latter shall be supported by

evidence, and identified in terms of the applicable safety regulatory requirements and their implementing

arrangements against which the audit has been conducted.



(a) The Authority shall communicate the audit findings to audited service providers and shall simultaneously

request corrective actions to address the non-conformities identified without prejudice to any additional

action required by the applicable safety regulatory requirements.


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(b) Audited service providers shall determine the corrective actions deemed necessary to correct non-

conformities and the time frame for their implementation.

(c) The Authority shall assess the corrective actions as well as their implementation as determined by audited

service providers and accept them if the assessment concludes that they are sufficient to address the non-

conformities.

(d) Audited service providers shall initiate the corrective actions accepted by the Authority. These corrective

actions and the subsequent follow-up process shall be completed within the time period accepted by

competent authorities.


(a) Aeronautical cartography services provider shall only use procedures accepted by the Authority when

deciding whether to introduce a safety-related change to their functional systems.

(b) Aeronautical cartography services provider shall notify the Authority of all planned safety-related changes.

SUBPART F: ADMINISTRATIVE FINES


(a) Any who contravenes any provision of these Regulations shall be guilty of an offence and shall on conviction be liable for each offence and/or each flight to a fine not exceeding the amount specified in Appendix 1 to 295

APPENDIX

Appendix 1 to 295

COLUMN1 COLUMN2 FINES (RWANDAN FRANCS)


31.085 Symbols 500,000 3,000,000

31.090 Units of measurement 1,000,000 5,000,000

31.165 Charts to be published 1,000,000 5,000,000

End of RCAR Part 31


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1101






Order no04/CAB.M/018 of 24/07/2018





l'aviation civile


(sé)

GATETE Claver


Kigali, on 24/07/2018

(sé)

GATETE Claver


Kigali, le 24/07/2018

(sé)

GATETE Claver



Repubulika:

(sé)

BUSINGYE Johnston



Republic:

(sé)

BUSINGYE Johnston



(sé)



1102




No04/CAB.M/018 OF 24/07/2018


REGULATIONS


No04/CAB.M/018 DU 24/07/2018


L'AVIATION CIVILE


1103


Page 32-1 of 15

Part 32

Search & Rescue

SUBPART A: GENERAL .......................................................................................................................... 3 32.001 CITATION & APPLICABILITY ............................................................................................................... 3 32.005 DEFINITIONS ...................................................................................................................................... 3 32.010 ACRONYMS & ABBREVIATIONS ........................................................................................................ 4

SUBPART B: SEARCH & RESCUE ORGANIZATION ........................................................................... 4 32.015 PROVISION OF SEARCH & RESCUE SERVICES ............................................................................. 4 32.020 SEARCH & RESCUE REGION ............................................................................................................. 5 32.025 RESCUE COORDINATION CENTRE ................................................................................................... 5 32.030 SEARCH & RESCUE C O M M U N I C A T I O N S .................................................................................. 5 32.035 SEARCH & RESCUE UNITS ................................................................................................................ 6 32.040 SEARCH & RESCUE EQUIPMENT .................................................................................................... 6 32.045 SEARCH & RESCUE MANUAL ............................................................................................................ 6

SUBPART C: COOPERATION ............................................................................................................... 6 32.050 COOPERATION BETWEEN STATES ................................................................................................ 6 32.055 COOPERATION WITH OTHER SERVICES .......................................................................................... 7 32.060 DISSEMINATION OF INFORMATION ................................................................................................ 7

SUBPART D: PREPARATORY MEASURES ........................................................................................ 8 32.065 PREPARATORY INFORMATION .................................................................................................... 8 32.070 PLANS OF OPERATIONS................................................................................................................... 8 32.075 SEARCH & RESCUE UNITS ................................................................................................................ 8 32.080 TRAINING & EXERCISES .................................................................................................................... 9 32.085 WRECKAGE ...................................................................................................................................... 10

SUBPART E: OPERATING PROCEDURES ....................................................................................... 10 32.090 INFORMATION CONCERNING EMERGENCIES ............................................................................ 10 32.095 OPERATION OF RESCUE COORDINATION CENTRES DURING EMERGENCY PHASES ....... 10 32.100 INITIATION OF SEARCH & RESCUE ACTION IN RESPECT OF AN AIRCRAFT WHOSE POSITION IS UNKNOWN ................................................................................................................................................. 11 32.105 AUTHORITIES IN THE FIELD .......................................................................................................... 12 32.110 TERMINATION & SUSPENSION OF OPERATIONS...................................................................... 12 32.115 PROCEDURES AT THE SCENE OF AN ACCIDENT ..................................................................... 12 32.120 PROCEDURES FOR A PILOT-IN- COMMAND INTERCEPTING A DISTRESS TRANSMISSION ......................................................................................................................................................................... 13 32.125 SEARCH & RESCUE SIGNALS .......................................................................................................... 13 32.130 MAINTENANCE OF RECORDS ........................................................................................................ 13

APPENDICES: SEARCH & RESCUE SIGNALS .................................................................................... 14 APPENDIX 1 TO 32.125: SIGNALS WITH SURFACE CRAFT .................................................................... 14 APPENDIX 2 TO 32.125: SURFACE CRAFT TO AIRCRAFT ..................................................................... 14 APPENDIX 3 TO 32.125: GROUND-TO-AIR VISUAL SIGNAL CODE FOR SURVIVORS ......................... 15 APPENDIX 4 TO 32.125: GROUND-TO-AIR FOR RESCUE UNITS ........................................................... 15 APPENDIX 5 TO 32.125: AIR-TO-GROUND SIGNALS ............................................................................... 16


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Appendix 4 to 32.125: Ground-to-Air for Rescue Units ................................................................................ 14

Appendix 5 to 32.125: Air-to-Ground Signals ............................................................................................... 15



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SUBPART A: GENERAL


(a) These Regulations may be cited as the Civil Aviation (Search and Rescue) Regulations.

(b) This Part prescribes the requirements of the Republic of Rwanda for search and rescue preparation and

conduct.

(c) These regulations shall apply to all—

(1) aircraft requiring search and rescue services;

(2) to persons or organizations responsible for the maintenance and operation of search and rescue

services in Rwanda; and

(3) the persons performing duties on their behalf.

(d) This Part is also applicable to any person who has knowledge of the possible location of a lost aircraft or is

requested to participate in the search for such an aircraft.

(e) The Civil Aviation Technical Standards (Search and Rescue) that may be published by the Authority are

applicable to the provision of search and rescue services in the airspace of Rwanda.

32.005 DEFINITIONS

(a) When the following terms are used in this Part, they have the following meanings—

Aircraft. Any machine that can derive support in the atmosphere from the reactions of the air other than

the reactions of the air against the earth’s surface.

Alerting post. Any facility intended to serve as an intermediary between a person reporting an emergency

and a rescue coordination centre or rescue sub-centre.

Alert phase. A situation wherein apprehension exists as to the safety of an aircraft and its occupants.

Annex 1. Annex 1 to the Convention.






Distress phase. A situation wherein there is a reasonable certainty that an aircraft and its occupants are

threatened by grave and imminent danger and require immediate assistance.

Ditching. The forced landing of an aircraft on water.

Document 9731. The ICAO document titled International Aeronautical and Maritime Search and Rescue

(IAMSAR) Manual.

Document 7030. The ICAO document titled Regional Supplementary Procedures as applicable to the

Africa-Indian Ocean (AFI) Regions.

Emergency phase. A generic term meaning, as the case may be, uncertainty phase, alert phase or distress

phase.

Flight information region. An airspace of defined dimensions within which flight information service and

alerting service are provided.

incident. An occurrence, other than an accident, associated with the operation of an aircraft which affects

or could affect the safety of operation.

Joint rescue coordination centre (JRCC). A rescue coordination centre responsible for both aeronautical

and maritime search and rescue operations.

Operator. A person, organization or enterprise engaged in or offering to engage in an aircraft operation.


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Pilot-in-command. 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.

Rescue. An operation normally coordinated by a rescue coordination centre or rescue sub Centre using

available personnel and facilities to locate persons in distress.

Search. An operation normally coordinated by a rescue coordination centre or rescue sub-centre using

available personnel and facilities to locate persons in distress.

Rescue coordination centre (RCC). A unit responsible for promoting efficient organization of search and

rescue services and for coordinating the conduct of search and rescue operations within a search

and rescue region.

Rescue sub-centre (RSC). A unit subordinate to a rescue coordination centre, established to complement the

latter according to particular provisions of the responsible authorities.

Search and rescue unit. A mobile resource composed of trained personnel and provided with equipment

suitable for the expeditious conduct of search and rescue operations.

Search and rescue aircraft. An aircraft provided with specialized equipment suitable for the efficient

conduct of search and rescue missions.

Search and rescue facility. Any mobile resource, including designated search and rescue units, used to

conduct search and rescue operations.

Search and rescue service. The performance of distress monitoring, communication, coordination and

search and rescue functions, initial medical assistance or medical evacuation, through the use of

public and private resources, including cooperating aircraft, vessels and other craft and installations.

Search and rescue organisation. The provider of search and rescue services within the Rwanda search

and rescue region.

Search and rescue region (SRR). An area of defined dimensions, associated with a rescue coordination

centre, within which search and rescue services are provided.

Uncertainty phase. A situation wherein uncertainty exists as to the safety of an aircraft and its occupants.

Vessel. Any water-navigable craft of any type, whether self-propelled or not.

State of Registry. The State on whose register the aircraft is entered.



ICAO = International Civil Aviation Organization

IAMSAR = International Aeronautical and Maritime Search and Rescue

JRCC = Joint Rescue Coordination Centre

PIC = Pilot in Command

RCC = Rescue Coordination Centre

RSC = Rescue Sub-Centre

SAR = Search & Rescue

SRR = Search and Rescue Region

SUBPART B: SEARCH & RESCUE ORGANIZATION

32.015 PROVISION OF SEARCH & RESCUE SERVICES

(a) The SAR organization shall, individually or in cooperation with other states, arrange for the establishment

and prompt provision of search and rescue services within Rwanda SRR including portions of the high

seas as determined in the basis of regional air navigation agreements to ensure that assistance is

rendered to persons in distress.

(b) Such services shall be provided on a 24-hour basis.

(c) Basic elements of search and rescue services shall include—


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(1) legal framework, a responsible authority; and (2) responsible authority; and

(3) organized available resources, communication facilities and;

(4) a workforce skilled in coordination and operational functions.

(d) Search and rescue services shall establish processes to improve service provision, including the aspects of

planning, domestic and international cooperative arrangements and training.

(e) The SAR organization shall provide assistance to aircraft in distress and to survivors of aircraft accidents

regardless of the nationality or status of such persons or the circumstances in which such persons are

found.

(f) The SAR organization having accepted responsibility to provide search and rescue services shall use

search and rescue units and other available facilities to assist any aircraft or its occupants that are or

appear to be in a state of emergency.

(g) Where separate aeronautical and maritime rescue coordination centres serve the same area, the

SAR organization shall ensure the closest practicable coordination between the centres.

(h) The SAR organization shall facilitate consistency and cooperation between their aeronautical and

maritime search and rescue services

32.020 SEARCH & RESCUE REGION

(a) Search and rescue region shall, in so far as practicable, be coincident with the Rwandan territorial

boundaries and neighbouring regions shall be contiguous.

(b) The search and rescue operations shall include land operations and river and lake operations.

32.025 RESCUE COORDINATION CENTRE

(a) The SAR organization shall establish a rescue coordination centre (RCC) for promoting efficient

organization of search and rescue services within the SRR.

(b) The rescue coordination centre shall be staffed 24 hours a day by trained personnel proficient in the use of

the English language used for radiotelephony communications.

32.030 SEARCH & RESCUE C O M M U N I C A T I O N S

(a) The rescue coordination centre shall have means of rapid and reliable two-way communication with—

(1) associated air traffic services units;

(2) associated rescue subcentres;

(3) appropriate direction-finding and position-fixing stations;

(4) the headquarters of SAR units in the region;

(5) a designated meteorological office or meteorological watch office;

(6) SAR units;

(7) alerting posts; and

(8) the Cospas-Sarsat Mission Control Centre servicing the search and rescue region.

(b) Each rescue subcentre shall have means of rapid and reliable two-way communication with:

(1) adjacent rescue subcentres; and

(2) a meteorological office or meteorological watch office; and

(3) search and rescue units; and

(4) alerting posts


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32.035 SEARCH & RESCUE UNITS

(a) The SAR organisation shall designate as search and rescue units elements of public or private services

suitably located and equipped for search and rescue operations.

(b) The SAR organisation shall designate elements of public or private services that do not qualify as SAR

units, as parts of the search and rescue plan of operation to participate in search and rescue operation.

32.040 SEARCH & RESCUE EQUIPMENT

(a) SAR units shall be provided with equipment for locating promptly, and for providing adequate assistance

at, the scene of an accident.

(b) Each SAR unit shall have means of rapid and reliable two-way communication with other search and

rescue facilities engaged in the same operation.

(c) Each search and rescue aircraft shall be equipped to be able to communicate on the aeronautical distress

and on-scene frequencies and on such other frequencies as may be prescribed.

(d) Each search and rescue aircraft shall be equipped with a device for homing on distress frequencies.

(e) Each search and rescue aircraft, when used for search and rescue over maritime areas, shall be equipped

to be able to communicate with vessels.

(f) Each search and rescue aircraft, when used for search and rescue over maritime areas shall carry a copy

of the International Code of Signals to enable it to overcome language difficulties that may be experienced

in communicating with ships.

32.045 SEARCH & RESCUE MANUAL

(a) The SAR organisation shall develop and maintain a search and rescue operations manual.

(b) The operations manual shall serve to demonstrate how the SAR organisation will comply with the

requirements set out in these regulations.

(c) The contents of the operations manual shall include but not limited to the following—

(1) the information required of the SAR organisation as mentioned in this Manual; and

(2) a description of the SAR organisation that shows the role, responsibilities and job functions of the

search and rescue personnel who are responsible for ensuring the compliance of the organisation

with the requirements in paragraph (c)(1) above.

(d) The SAR organisation shall—

(1) keep the operations manual in a readily accessible form;

(2) ensure that SAR personnel have ready access to the operations manual; and

(3) amend the operations manual whenever necessary to keep its content up to date.

SUBPART C: COOPERATION

32.050 COOPERATION BETWEEN STATES

(a) The SAR organisation shall coordinate their search and rescue efforts with those of neighbouring States.

(b) Subject to the SAR agreements that had been concluded between the SAR organisation of Rwanda and

the SAR authorities or agencies of neighbouring States, the SAR organisation shall permit immediate entry

into Rwanda for the purpose of searching for the site of aircraft accidents and rescuing survivors of such

accidents.

(c) SAR units entering the territory of Rwanda for search and rescue purposes shall transmit a request, giving

full details of the projected mission and the need for it, to the rescue coordination centre.


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(d) The Rescue Coordination Center (RCC) shall—

(1) immediately acknowledge the receipt of such a request, and

(2) as soon as possible, indicate the conditions, if any, under which the projected mission may be

undertaken.

(e) Instructions as to the control which will be exercised on entry of such aircraft and/or personnel shall be

given by the RCC in accordance with the standing plan/arrangements for the conduct of search and rescue

in the area.

(f) The SAR organization shall enter into agreements with neighbouring States to strengthen search and

rescue cooperation and coordination, and set forth the conditions for entry of each other’s search and

rescue units into respective territories.

(g) The agreements shall also provide for expediting entry of such units with the least possible formalities. agreements

(h) The SAR organisation shall— (1) request from other rescue coordination centres such assistance, including aircraft, vessels, persons

or equipment, as may be needed;

(2) grant any necessary permission for the entry of such aircraft, vessels, persons or equipment into its

territory; and

(3) make the necessary arrangements with the appropriate customs, immigration or other authorities with

a view to expediting such entry.

(i) The SAR organisation shall provide, when requested, assistance to other rescue coordination centres,

including assistance in the form of aircraft, vessels, persons or equipment.

(j) The SAR organisation shall make arrangement for joint training exercises involving its SAR units, those of

neighbouring States and operators, to promote search and rescue efficiency.

32.055 COOPERATION WITH OTHER SERVICES

(a) The SAR organisation shall arrange for all aircraft, vessels and local services and facilities which do not

form part of the SAR organization to cooperate fully with the latter in search and rescue and to extend any

possible assistance to the survivors of aircraft accidents.

(b) The SAR organization shall ensure that their search and rescue services cooperate with those responsible

for investigating accidents and with those responsible for the care of those who suffered from the accident.

(c) Rescue units shall when practicable, be accompanied by persons qualified in the conduct of aircraft accident

investigations.

(d) The SAR organisation shall designate a search and rescue point of contact for the receipt of Cospas-Sarsat

distress data.

32.060 DISSEMINATION OF INFORMATION

(a) All information necessary for the entry of search and rescue units of other States into Rwanda shall be

published and disseminated to the neighbouring States or, alternatively, include this information in search

and rescue service arrangements.

(b) The rescue coordination centre shall make available the information regarding search and rescue plans of

operation which contain information that could benefit the provision of search and rescue services.

(c) To the extent desirable and practicable, information shall be disseminated to the general public and

emergency response authorities regarding actions to be taken when there is reason to believe that an

aircraft’s emergency situation may become cause for public concern or require a general emergency

response.


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SUBPART D: PREPARATORY MEASURES

32.065 PREPARATORY INFORMATION

(a) The RCC shall have readily available at all times up-to-date information concerning the following in respect

of its search and rescue region—

(1) SAR units and alerting posts;

(2) air traffic services units;

(3) means of communication that may be used in search and rescue operations;

(4) addresses and telephone numbers of all operators, or their designated representatives, engaged in

operations in the region; and

(5) any other public and private resources including medical and transportation facilities that are likely to

be useful in search and rescue.

32.070 PLANS OF OPERATIONS

(a) The RCC shall prepare detailed plans of operation for the conduct of search and rescue operations within

its search and rescue region in collaboration with the national coordination committee.

(b) The plans of operation shall specify arrangements for the servicing and refueling, to the extent possible, of

aircraft, vessels and vehicles employed in search and rescue operations, including those made available by

other States.

(c) The SAR plans of operation shall contain details regarding actions to be taken by those persons engaged in

search and rescue, including—

(1) the manner in which search and rescue operations are to be conducted in the search and rescue

region;

(2) the use of available communication systems and facilities;

(3) the actions to be taken jointly with other rescue coordination centres;

(4) the methods of alerting en-route aircraft;

(5) the duties and entitlement of persons assigned to search and rescue;

(6) the possible redeployment of equipment that may be necessitated by meteorological or other

conditions;

(7) the methods for obtaining essential information relevant to search and rescue operations, such as

weather reports and forecasts, appropriate NOTAM, etc;

(8) the methods for obtaining, from other rescue coordination centres, such assistance, including aircraft,

vessels, persons or equipment, as may be needed;

(9) the methods for assisting distressed aircraft being compelled to ditch to rendezvous with surface craft;

(10) the methods for assisting search and rescue or other aircraft to proceed to aircraft in distress; and

(11) cooperative actions to be taken in conjunction with air traffic services units and other authorities

concerned to assist aircraft known or believed to be subject to unlawful interference.

(d) Search and rescue plans of operations shall be developed jointly with representatives of the operators and

other public or private services that may assist in providing search and rescue services or benefit from

them, taking into account that the number of survivors could be large

(e) Search and rescue plans of operation shall be integrated with airport emergency plans to provide for rescue

services in the vicinity of aerodromes.

32.075 SEARCH & RESCUE UNITS

(a) Each SAR unit shall—

(1) be cognizant of all parts of the plans of operation prescribed in Section 32.070 that are necessary for


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the effective conduct of its duties; and

(2) keep the rescue coordination centre informed of its Preparedness.

(b) The SAR organisation shall—

(1) maintain in readiness the required number of search and rescue facilities; and

(2) maintain adequate supplies of rations, medical stores, signaling devices and other survival and

rescue equipment.

32.080 TRAINING & EXERCISES

(a) To achieve and maintain maximum efficiency in search and rescue, search and rescue personnel shall be

provided with regular training and appropriate search and rescue exercises shall be arranged.

(b) The SAR organisation shall ensure that SAR personnel maintain a basic level of competency in recurrent /

refresher training that includes knowledge about updates in ICAO provisions and other provisions pertaining

to SAR.

(c) The SAR organisation shall maintain training records for their SAR personnel


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32.085 WRECKAGE

(a) Wreckage resulting from aircraft accidents within Rwanda shall be removed, obliterated or charted

following completion of the accident investigation if its presence might constitute a hazard or confuse

subsequent search and rescue operations.

SUBPART E: OPERATING PROCEDURES

32.090 INFORMATION CONCERNING EMERGENCIES

(a) Any authority or any element of the SAR organization having reason to believe that an aircraft is in an

emergency shall give immediately all available information to the RCC.

(b) RCC shall, immediately upon receipt of information concerning aircraft in emergency, evaluate such

information and assess the extent of the operation required.

(c) When information concerning aircraft in emergency is received from other sources than air traffic services

units, the RCC shall determine to which emergency phase the situation corresponds and shall apply the

procedures applicable to that phase.

32.095 OPERATION OF RESCUE COORDINATION CENTRES DURING EMERGENCY PHASES

(a) When an uncertainty phase occurs, the RCC shall cooperate to the utmost with air traffic services units and

other appropriate agencies and services in order that incoming reports may be speedily evaluated.

(b) When an alert phase occurs, the RCC shall immediately alert SAR units and initiate any necessary action.

(c) When a distress phase occurs, the rescue coordination centre shall—

(1) immediately initiate action by SAR units in accordance with the appropriate plan of operation;

(2) ascertain the position of the aircraft, estimate the degree of uncertainty of this position, and, on the

basis of this information and the circumstances, determine the extent of the area to be searched;

(3) notify the operator, where possible, and keep the operator informed of developments;

(4) notify other RCCs, the help of which seems likely to be required, or which may be concerned in the

operation;

(5) notify the associated air traffic services unit, when the information on the emergency has been

received from another source;

(6) request at an early stage such aircraft, vessels, coastal stations and other services not specifically

included in the appropriate plan of operation and able to assist to—

(i) maintain a listening watch for transmissions from the aircraft in distress, survival radio

equipment or an ELT;

(ii) assist the aircraft in distress as far as practicable; and

(iii) inform the rescue coordination centre of any developments;

(7) from the information available, draw up a detailed plan of action for the conduct of the search and/or

rescue operation required and communicate such plan for the guidance of the authorities immediately

directing the conduct of such an operation;

(8) amend as necessary, in the light of evolving circumstances, the detailed plan of action;

(9) notify the appropriate accident investigation authorities; and

(10) notify the State of Registry of the aircraft.

(d) The order in which these actions are described shall be followed unless circumstances dictate otherwise.

(e) Where the conduct of operations over the entire search and rescue region is the responsibility of more than one SAR organisation, each involved State shall take action in accordance with the relevant plan of operations when so requested by the rescue coordination centre of the region.


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32.100 INITIATION OF SEARCH & RESCUE ACTION IN RESPECT OF AN AIRCRAFT WHOSE POSITION IS UNKNOWN

(a) In the event that an emergency phase is declared in Unless otherwise decided by common agreement of

the RCCs concerned, the RCC to coordinate search and rescue action shall be the centre responsible for—


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(1) the region in which the aircraft last reported its position; or

(2) the region to which the aircraft was proceeding when its last reported position was on the line

separating two search and rescue regions; or

(3) the region to which the aircraft was destined when it was not equipped with suitable two-way radio

communication or not under obligation to maintain radio communication; or

(4) the region in which the distress site is located as identified by the Cospas-Sarsat system.

(b) the RCC with overall coordination responsibility shall inform all RCCs that may become involved in the

operation of all the circumstances of the emergency and subsequent developments.

(c) All rescue coordination centres becoming aware of any information pertaining to the emergency shall

inform the rescue coordination centre that has overall responsibility.

(d) The RCC responsible for SAR action shall forward to the air traffic services unit serving the flight

information region in which the aircraft is operating, information of the SAR action initiated, in order that

such information can be passed to the aircraft.

32.105 AUTHORITIES IN THE FIELD

(a) The authorities immediately directing the conduct of operations or any part thereof shall—

(1) give instructions to the units under their direction and inform the rescue coordination centre of such

instructions; and

(2) keep the rescue coordination centre informed of developments.

32.110 TERMINATION & SUSPENSION OF OPERATIONS

(a) SAR operations shall continue, when practicable, until all survivors are delivered to a place of safety or until

all reasonable hope of rescuing survivors has passed.

(b) The responsible RCC shall normally be responsible for determining when to discontinue search and rescue

operations.

(c) When a SAR operation has been successful or when a RCC considers, or is informed, that an emergency

no longer exists, the emergency phase shall be cancelled, the SAR operation shall be terminated and any

authority, facility or service that has been activated or notified shall be promptly informed.

(d) If a SAR operation becomes impracticable and the RCC concludes that there might still be survivors, the

centre shall temporarily suspend on-scene activities pending further developments and shall promptly

inform any authority, facility or service which has been activated or notified.

(e) Relevant information subsequently received shall be evaluated and SAR operations resumed when

justified and practicable.

32.115 PROCEDURES AT THE SCENE OF AN ACCIDENT

(a) When multiple facilities are engaged in SAR operations on-scene, the RCC shall designate one or more

units on-scene to coordinate all actions to help ensure the safety and effectiveness of air and surface

operations, taking into account facility capabilities and operational requirements.

(b) When a pilot-in-command observes that either another aircraft or a surface craft is in distress, the pilot

shall, if possible and unless considered unreasonable or unnecessary—

(1) keep the craft in distress in sight until compelled to leave the scene or advised by the RCC that it is no

longer necessary;

(2) determine the position of the craft in distress;

(3) as appropriate, report to the RCC or air traffic services unit as much of the following information as

possible—

(i) type of craft in distress, its identification and condition;


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(ii) its position, expressed in geographical or grid coordinates or in distance and true bearing from a

distinctive landmark or from a radio navigation aid;

(iii) time of observation expressed in hours and minutes Coordinated Universal Time (UTC);

(iv) number of persons observed;

(v) whether persons have been seen to abandon the craft in distress;

(vi) on-scene weather conditions;

(vii) apparent physical condition of survivors;

(viii) apparent best ground access route to the distress site; and

(4) act as instructed by the RCC or the air traffic services unit.

(c) If the first aircraft to reach the scene of an accident is not a SAR aircraft, it shall take charge of on-scene

activities of all other aircraft subsequently arriving until the first SAR aircraft reaches the scene of the

accident.

(d) If, in the meantime, such aircraft is unable to establish communication with the appropriate RCC or air

traffic services unit, it shall, by mutual agreement, hand over to an aircraft capable of establishing and

maintaining such communications until the arrival of the first SAR aircraft.

(e) When it is necessary for an aircraft to convey information to survivors or surface rescue units, and two-way

communication is not available, it shall, if practicable, drop communication equipment that would enable

direct contact to be established, or convey the information by dropping a hard copy message.

(f) When a ground signal has been displayed, the aircraft shall indicate whether the signal has been

understood or not by the means described in paragraph (d) or, if this is not practicable, by making the

appropriate visual signal.

(g) When it is necessary for an aircraft to direct a surface craft to the place where an aircraft or surface craft is

in distress, the aircraft shall do so by transmitting precise instructions by any means at its disposal. If no

radio communication can be established, the aircraft shall make the appropriate visual signal.

32.120 PROCEDURES FOR A PILOT-IN- COMMAND INTERCEPTING A DISTRESS TRANSMISSION

(a) Whenever a distress transmission is intercepted by a pilot-in command of an aircraft, the pilot shall, if

feasible—

(1) acknowledge the distress transmission;

(2) record the position of the craft in distress if given;

(3) take a bearing on the transmission;

(4) inform the appropriate RCC or air traffic services unit of the distress transmission, giving all available

information; and

(5) at the pilot’s discretion, while awaiting instructions, proceed to the position given in the transmission.

32.125 SEARCH & RESCUE SIGNALS

(a) The air-to-surface and surface-to-air visual signals in the Appendices 1 through 4 of 32.125 to this Part

shall, when used, have the meaning indicated therein.

(b) The Signals shall be used only for the purpose indicated and no other signals likely to be confused with

them shall be used.

(c) Aircraft observing the signal shall take such action as may be required by the interpretation of the signal

given in Appendix 5 to 32.125.

32.130 MAINTENANCE OF RECORDS

(a) The RCC shall keep a record of the operational efficiency of the SAR organisation in its region (b) RCC should prepare appraisals of actual SAR operations in its region. These appraisals should comprise

any pertinent remarks on.


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APPENDICES: SEARCH & RESCUE SIGNALS

APPENDIX 1 TO 32.125: SIGNALS WITH SURFACE CRAFT

(a) The following manoeuvres performed in sequence by an aircraft mean that the aircraft wishes to direct a

surface craft towards an aircraft or a surface craft in distress—

(1) circling the surface craft at least once;

(2) crossing the projected course of the surface craft close ahead at low altitude and—

(i) rocking the wings; or

(ii) opening and closing the throttle; or

(iii) changing the propeller pitch.

Note: Due to high noise level on board surface craft, the sound signals in (ii) and (iii) may be less

effective than the visual signal in (i) and are regarded as alternative means of attracting attention.

(3) heading in the direction in which the surface craft is to be directed.

(4) Repetition of such manoeuvres has the same meaning.

(b) The following manoeuvres by an aircraft means that the assistance of the surface craft to which the signal

is directed is no longer required—

(1) crossing the wake of the surface craft close astern at a low altitude and—

(i) rocking the wings; or

(ii) opening and closing the throttle; or

(iii) changing the propeller pitch.

APPENDIX 2 TO 32.125: SURFACE CRAFT TO AIRCRAFT

(a) The following replies may be made by surface craft to the signal in Appendix 1 to 32.125—

(1) for acknowledging receipt of signals—

(i) the hoisting of the “code pennant” (vertical red and white stripes) close up (meaning

understood);

(ii) the flashing of a succession of “T’ s” by signal lamp in the Morse code;

(iii) the changing of heading to follow the aircraft.

(2) for indicating inability to comply—

(i) the hoisting of the international flag “N” (a blue and white checkered square);

(ii) the flashing of a succession of “N’ s” in the Morse code.


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APPENDIX 3 TO 32.125: GROUND-TO-AIR VISUAL SIGNAL CODE FOR SURVIVORS

(a) Ground-air visual signal code for use by survivors—

APPENDIX 4 TO 32.125: GROUND-TO-AIR FOR RESCUE UNITS

(a) Ground-air visual signal code for use by rescue units—

(b) Symbols shall be at least 2.5 metres (8 feet) long and shall be made as conspicuous as possible.


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Note 1: Symbols may be formed by any means such as: strips of fabric, parachute material, pieces

of wood, stones or such like material; marking the surface by tramping, or staining with oil.

Note 2: Attention to the above signals may be attracted by other means such as radio, flares, smoke

and reflected light.

APPENDIX 5 TO 32.125: AIR-TO-GROUND SIGNALS

(a) The following signals by aircraft mean that the ground signals have been understood—

(1) during the hours of daylight: by rocking the aircraft’s wings;

(2) during the hours of darkness: flashing on and off twice the aircraft’s landing lights or, if not so

equipped, by switching on and off twice its navigation lights.

(b) Lack of the above signal indicates that the ground signal is not understood.

End of RCAR Part 32


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1120






Order no04/CAB.M/018 of 24/07/2018





l'aviation civile


(sé)

GATETE Claver


Kigali, on 24/07/2018

(sé)

GATETE Claver


Kigali, le 24/07/2018

(sé)

GATETE Claver



Repubulika:

(sé)

BUSINGYE Johnston



Republic:

(sé)

BUSINGYE Johnston



(sé)



1121




No04/CAB.M/018 OF 24/07/2018


REGULATIONS


No04/CAB.M/018 DU 24/07/2018


L'AVIATION CIVILE


1122


Page 33-1 of 14

Part 33

Parachuting Operations

Subpart A: General .................................................................................................................................. 3 33.001 Citation & Applicability ....................................................................................................................... 3

33.005 Definitions .......................................................................................................................................... 3

33.010 Acronyms ........................................................................................................................................... 3

Subpart B: Parachute Personnel ............................................................................................................. 3 33.015 Parachute Jumping Eligibility Requirements ...................................................................................... 3

33.020 Authorization Types ........................................................................................................................... 3

33.025 Skill Requirements ............................................................................................................................. 3

33.030 General Requirements: Conditions Of Authorization ......................................................................... 4

33.035 Descent Requirements ...................................................................................................................... 4

33.040 Aircraft Used For Parachute Jumping ................................................................................................ 4

33.045 Pilot Experience & Training Requirements ........................................................................................ 4

33.050 Validity & Renewal Requirements ...................................................................................................... 4

33.055 Visiting Foreign Parachuting Jumpers ............................................................................................... 5 33.060 Parachute Rigger Authorization Requirements .................................................................................. 5

33.065 Issue Of Parachute Rigger Authorization ........................................................................................... 5

33.070 Restrictions & Limitations Of Parachute Rigger Authorization ........................................................... 5 33.075 Experience, Knowledge & Skill Requirements ................................................................................... 5

33.080 Authorization Requirements For Current Or Former Military Parachute Rigger ................................. 5

33.085 Performance Standards ..................................................................................................................... 6 33.090 Records To Be Kept By Parachute Rigger ........................................................................................ 6

33.095 Privileges ........................................................................................................................................... 6

33.100 Validity & Renewal Requirements ...................................................................................................... 6

Subpart C: Parachute Operations Certificate ........................................................................................... 6 33.105 General Certificate Requirements...................................................................................................... 6

33.110 Application For Parachute Operations Certificate .............................................................................. 7

33.115 Amendment Of A Parachute Operations Certificate .......................................................................... 7

33.120 Validity Of A Parachute Operations Certificate .................................................................................. 7

33.125 Parachute Operations Manual .......................................................................................................... 7

33.130 Designation Of Safety & Training Personnel ..................................................................................... 8

Subpart D: Operating Rules ..................................................................................................................... 8 33.135 Use Of Drugs Or Alcohol ................................................................................................................... 8

33.140 Hazard ............................................................................................................................................... 8

33.145 Exit From An Aircraft .......................................................................................................................... 8

33.150 Minimum Parachute Activation Altitude ............................................................................................. 9

33.155 Parachute Drop Zone ........................................................................................................................ 9

33.160 Parachute Landing Area .................................................................................................................... 9

33.165 Ground Signal .................................................................................................................................... 9


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33.170 Controlled Airspace ............................................................................................................................ 9

33.175 Descents Onto Manned Aerodromes ................................................................................................. 9 33.180 Descents Onto Unmanned Aerodromes ............................................................................................ 9

33.185 Scents Within Restricted Areas ........................................................................................................ 10

33.190 Visibility & Clearance From Clouds .................................................................................................. 10 33.195 Descents From Higher Altitudes ...................................................................................................... 10

33.200 Parachute Operations over or into a Congested Area or an Open-air Assembly of Persons ........... 10

Subpart E: Parachute Equipment & Facilities ........................................................................................ 10 33.205 Parachutes ....................................................................................................................................... 10

33.210 Altimeter ........................................................................................................................................... 11

33.215 Automatic Activation Devices ........................................................................................................... 11

33.220 Safety Equipment ............................................................................................................................. 11

Subpart F: Parachute Maintenance ....................................................................................................... 11 33.225 Facilities & Equipment Requirements .............................................................................................. 11

33.230 Airworthiness & Safety Directives .................................................................................................... 12

33.235 Parachute Serviceability................................................................................................................... 12

33.240 Modification & Repair ....................................................................................................................... 12

33.245 Parachute Assembly Check ............................................................................................................. 12

33.250 Seal .................................................................................................................................................. 12

33.255 Parachute Records .......................................................................................................................... 12

33.260 Access For Inspection ...................................................................................................................... 13

Subpart G: General ................................................................................................................................ 13 33.265 Drug & Alcohol Testing & Reporting ................................................................................................ 13



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Page 33-3 of 14

SUBPART A: GENERAL


(a) These regulations may be cited as Civil Aviation (Parachuting Operations) Regulations.

(b) This Part prescribes the requirements of the Republic of Rwanda for parachuting operations, certification

and maintenance.

(c) These Regulations shall, apply to—

(1) parachute operations other than—

(i) emergency parachute descents; and

(ii) parachute descents which are not from aircraft; and

(2) parachute equipment; and

(3) parachute maintenance.

33.005 DEFINITIONS


[Reserved

33.010 ACRONYMS

(a) When the following acronyms are used in this Part, they have the following meanings—

PLA = Parachute Landing Area

SUBPART B: PARACHUTE PERSONNEL

33.015 PARACHUTE JUMPING ELIGIBILITY REQUIREMENTS

(a) An applicant for a parachute jumping authorization shall—

(1) be at least eighteen years of age;

(2) demonstrate a level of knowledge appropriate to the privileges granted to a holder of a Parachute

Jumping Authorization; and

(3) comply with the provisions of these Regulations that apply to the Parachute Jumping Authorization

sought.

(b) In addition to the requirements of paragraph (a), an applicant for a tandem master authorization shall hold a

Class 2 Medical Certificate specified in Part 8.

33.020 AUTHORISATION TYPES

(a) The Authority may issue the following types of parachute jumping authorizations—

(1) student jumper;

(2) jumper;

(3) jump master; or

(4) tandem master

33.025 SKILL REQUIREMENTS

(a) An applicant for—

(1) a jumper authorization shall have logged not less than 25 jumps and have demonstrated to the

Authority his competency in the following areas—

(i) parachute packing;

(ii) obtaining meteorological information;


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Page 33-4 of 14

(iii) spotting the drop location from the aircraft;

(iv) hand signal communication techniques and procedures; and

(v) pre-flight briefing and “dirt diving”.

(2) a jump master authorization shall have—

(i) successfully completed a jump master’s course;

(ii) made 500 freefall jumps; and

(iii) (iii) satisfactorily completed a post course of jump mastering ten students under supervision of

an authorized instructor.

(3) a tandem master authorization shall be an experienced jumper master, trained in tandem operation

and is in control of the passenger and tandem parachute equipment.

33.030 GENERAL REQUIREMENTS: CONDITIONS OF AUTHORIZATION

(a) A holder of a parachute jumping authorization shall maintain a parachuting logbook of jumps.

(b) Parachute jumping shall be made only at locations approved by the Authority.

(c) Prior to each descent, the jumper or event organiser shall obtain permission from the Air Traffic Control Unit

responsible for the area of the operation.

(d) In locations with no Air Traffic Control Unit, the jumper or event organiser shall obtain permission from the

Area Control Centre responsible for the area of the operation

33.035 DESCENT REQUIREMENTS

(a) A parachute jumper shall not make or attempt to make a parachute descent unless wearing two airworthy

parachutes from exit to activation.

(b) All reserve parachutes shall be inspected and packed by an authorized parachute rigger not more than four

months preceding each jump.

(c) The main parachute may be packed by either the jumper or the parachute rigger.

(d) The minimum altitude from which descents are to be made shall be such that the main canopy is duly

opened at an altitude of not less than 600 m (2,000 ft) above ground level.

33.040 AIRCRAFT USED FOR PARACHUTE JUMPING

(a) Parachute descents shall be made only from aircraft types that have been authorized by the Authority.

33.045 PILOT EXPERIENCE & TRAINING REQUIREMENTS

(a) A pilot for the aircraft to be used for parachute jumping shall—

(1) be a qualified pilot and have a minimum of 200 hours of pilot-in-command time; and

(2) demonstrate competence to the Authority by performing at least one drop of parachute jumpers.

(b) The demonstration referred to in paragraph (a)(2) shall be conducted under supervision of an experienced

parachuting pilot who is present in the aircraft during the check flight to ascertain the competence in the

dropping operation.

33.050 VALIDITY & RENEWAL REQUIREMENTS

(a) A parachute jump master and tandem master authorization shall be valid for a period of twelve months from

the date of issue or renewal.

(b) A holder of a parachute jump master and tandem master authorization may apply for renewal of the

authorization if the holder has jump mastered 10 static line students and 5 free fall students within the six

months preceding the date of application for renewal.

(c) A holder of a student and jumper authorization shall not require renewal.


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Page 33-5 of 14

33.055 VISITING FOREIGN PARACHUTING JUMPERS

(a) A person who holds a parachute jumping authorization issued by another Contracting State and who wishes

to engage in parachute jumping in Rwanda may apply to the Authority for recognition and acceptance of his

qualification.

(a) Where the Authority recognizes an authorization tendered under paragraph (a), the holder shall be

exempted from Sections 33.015 to 33.050 of these Regulations.

(b) A holder of an authorization under this regulation shall not be engaged in instructing students in parachute

jumping or tandem operations.

33.060 PARACHUTE RIGGER AUTHORIZATION REQUIREMENTS

(a) An applicant for a parachute rigger authorization shall—

(1) apply to the Authority on the prescribed form;

(2) be at least eighteen years of age; and

(3) be able to read, speak, write and understand the English.language.

33.065 ISSUE OF PARACHUTE RIGGER AUTHORIZATION

(a) Where the Authority is satisfied that an applicant for a parachute rigger authorization under Section 33.060

meets the requirements for issue of such authorization, the Authority may issue the authorization.

33.070 RESTRICTIONS & LIMITATIONS OF PARACHUTE RIGGER AUTHORIZATION

(a) A person shall not pack, maintain or modify any personnel-carrying parachute intended for emergency use

in connection with an aircraft registered in Rwanda unless that person holds an appropriate authorization

on the type issued under these Regulations.

(b) Except as provided for by paragraph (c), a person shall not pack, maintain or modify any main parachute of

a dual parachute pack to be used for intentional jumping from a civil aircraft registered in the Rwanda

unless that person has an appropriate parachute rigger authorization issued under these Regulations.

(c) A person who does not hold an appropriate parachute rigger authorization may pack the main parachute of

a dual parachute pack that is to be used by him for intentional jumping.

33.075 EXPERIENCE, KNOWLEDGE & SKILL REQUIREMENTS

(a) Except as provided in Section 33.085, an applicant for a parachute rigger authorization shall—

(1) present evidence satisfactory to the Authority of having packed at least twenty parachutes of each

type for which the applicant seeks authorization in accordance with the manufacturer's instructions

and under the supervision of an authorized parachute rigger holding an authorization for that type or a

person holding an appropriate military rating;

(2) provide the Authority with evidence of having passed a knowledge and practical test, to the

satisfaction of the Authority by demonstrating the ability to pack and maintain one type of parachute

for which he seeks authorization.

33.080 AUTHORIZATION REQUIREMENTS FOR CURRENT OR FORMER MILITARY PARACHUTE

RIGGER

(a) Notwithstanding Section 33.060, the Authority may issue to an applicant for a parachute rigger

authorization if he passes a knowledge test on the Regulations pertaining to parachute and parachute

rigging and presents satisfactory documentary evidence that the applicant—

(1) is an employee or former employee of Rwanda Military and within the twelve months preceding the

date of application for an authorization has performed as a parachute rigger; and

(2) has the experience required by Section 33.075.


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33.085 PERFORMANCE STANDARDS

(a) A holder of a parachute rigger authorization shall not—

(1) pack, maintain or modify any parachute unless he is authorized for that type;

(2) pack a parachute that is not safe for emergency use;

(3) pack a parachute that has not been thoroughly dried and aired;

(4) alter a parachute in a manner that is not specifically authorized by the Authority or the manufacturer;

(5) pack, maintain or modify a parachute in any manner that deviates from procedures approved by the

Authority or the manufacturer of the parachute; or

(6) exercise the privileges of the authorization unless he—

(i) understands the current manufacturer's instructions for the operation involved; and

(ii) has performed duties under the authorization for at least ninety days within the preceding

twelve months or demonstrated to the Authority the ability to perform those duties.

33.090 RECORDS TO BE KEPT BY PARACHUTE R I G G E R

(a) A holder of parachute rigger authorization shall keep a record of the packing, maintenance and

modifications of parachutes performed or supervised.

(b) An authorized parachute rigger who packs a parachute shall enter on the parachute packing record

attached to the parachute, the date and place of the packing, a notation of any defects found during any

inspection, and shall sign that record with name and authorization number.

(c) The record required by paragraph (a) shall contain, with respect to each parachute worked on, a statement

of—

(1) type and make;

(2) serial number;

(3) the name and address of the owner or user of the parachute;

(4) the kind and extent of the work performed;

(5) the date when, and the place where the work was performed; and

(6) the results of any drop tests made with it.

(d) A person who makes a record under paragraph (a) shall keep that record for at least two years after the

date the record is made.

33.090 PRIVILEGES

(a) A holder of a parachute rigger authorization may—

(1) pack, maintain or modify any type of parachute for which he is authorized; and

(2) supervise other persons in packing, maintaining or modifying any type of parachute for which the

holder of authorization is authorized.

33.100 VALIDITY & RENEWAL REQUIREMENTS

(a) A parachute rigger authorization shall be valid for a period of twenty-four months from the date of issue or

renewal.

(b) A holder of a parachute rigger authorization may apply for renewal of the authorization if the holder has

packed at least thirty-six reserves parachutes within the 12 months preceding the date of application for

renewal.

SUBPART C: PARACHUTE OPERATIONS CERTIFICATE

33.105 GENERAL CERTIFICATE REQUIREMENTS

(a) A person shall not conduct parachute operations unless that person—


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(1) holds a parachute operations certificate;

(2) complies with the privileges and limitations of the authorization referred to in paragraph (a)(1);

(3) complies with operational standards and procedures contained in the parachute Operations Manual

approved by the Authority; and

(4) complies with the currency requirements determined by the Authority.

(b) A person shall not conduct parachute operations unless there is available for use a Parachute Operations

Manual approved by the Authority.

(c) In this Part, “person” includes an association, organization or club.

33.110 APPLICATION FOR PARACHUTE OPERATIONS CERTIFICATE

(a) An applicant for a parachute operations certificate shall complete and submit an application form prescribed

by the Authority which shall include the following information—

(1) the radius of the drop zone around the target expressed in kilometres or nautical miles;

(2) the location of the centre of the drop zone in relation to the nearest airport, town or city;

(3) each altitude above mean sea level at which the aircraft will be operated when parachutists or objects

exist the aircraft;

(4) the name, address, and telephone number of the person who requests the authorization or gives

notice of the parachute operation;

(5) the name of the air traffic control facility with jurisdiction of the airspace at the first intended exit

altitude to be used for the parachute operation.

(b) The Authority may issue a parachute operations certificate if an applicant meets the requirements of these

Regulations.

33.115 AMENDMENT OF A PARACHUTE OPERATIONS CERTIFICATE

(a) A parachute operations certificate may be amended—

(1) on the Authority's own initiative, under applicable laws and regulations; or

(2) upon application by the holder of that authorization.

(b) A holder of an authorization shall submit an application to amend an authorization by completing a form

prescribed by the Authority.

(c) An applicant for an amendment under this regulation shall file the application to amend an authorization

before the date of the proposed commencement of that operation.

(d) The Authority shall grant a request to amend an authorization if it determines that it is in interest of flight

safety or in public interest.

33.120 VALIDITY OF A PARACHUTE OPERATIONS CERTIFICATE

(a) A parachute operations certificate shall be valid for a period specified in the certificate from the date of

issue but in any case not more than twelve months, unless—

(1) a shorter period is specified by the authority;

(2) the Authority amends, suspends, revokes or otherwise terminates the certificate;

(3) the certificate holder surrenders it to the Authority; or

(4) the certificate holder suspends operations.

(b) The holder of a certificate that is suspended or revoked shall return it to the Authority.

33.125 PARACHUTE OPERATIONS MANUAL

(a) A parachute operations certificate holder shall issue to the parachute members and persons assigned

parachute operational functions, an Operations Manual which shall contain at least the following—

(1) introduction and common abbreviations;


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(2) basic safety requirements;

(3) student training syllabus;

(4) skills programme;

(5) formation parachuting rules;

(6) artistic events;

(7) canopy formation;

(8) camera persons;

(9) tandem operations;

(10) extra ordinary activities;

(11) wing suits;

(12) jump master certification course syllabus;

(13) rigging rules;

(14) drop zone and landing area operating procedures;

(15) briefings for new jumpers;

(16) miscellaneous forms.

(b) The operations manual referred to in paragraph (a) shall be amended or revised as is necessary to ensure

that the information contained therein is kept up to date, and all such amendments or revisions shall be

issued to all personnel that are required to use the Operations Manual

(c) A parachute operations certificate holder shall submit to the Authority a copy of the authorization holder’s

entire Operations Manual for the time being in force or of such parts thereof as the Authority may specify.

(d) A parachute operations certificate holder shall make such amendments or additions to the operations

manual as the Authority may require for the purpose of ensuring the safety of parachute jumpers and

parachute passengers carried, efficiency or regularity of air navigation.

33.130 DESIGNATION OF SAFETY & TRAINING PERSONNEL

(a) A parachute operations certificate holder shall, designate for each drop zone operation, in writing, a safety

and training personnel who shall be in-charge of all operations with the following minimum qualifications—

(1) a qualified experienced jump master with a minimum of 1000 free fall jumps and at least 2 years

experience in parachute operations; and

(2) must have successfully completed a training in safety and parachute operating procedures

recognized by the Authority.

SUBPART D: OPERATING RULES

33.135 USE OF DRUGS OR ALCOHOL

(a) A person shall not engage in parachute jumping, and no pilot in command of an aircraft may allow a person

to engage in parachute jumping from that aircraft, if that person is or appears to be under the influence of—

(1) alcohol, or

(2) any drug that affects that person's faculties in any way contrary to safety.

33.140 HAZARD

(a) A person shall not make a parachute descent if such descent constitutes, or is likely to constitute, a safety

hazard to air traffic, persons or property in the air or on the ground, the aircraft concerned or its occupants.

33.145 EXIT FROM AN AIRCRAFT

(a) A person shall not exit from an aircraft to make a parachute descent unless authorized to do so by—

(1) the pilot-in-command; or


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(2) a person nominated by a pilot-in-command for that purpose.

33.150 MINIMUM PARACHUTE ACTIVATION ALTITUDE

(a) A person making a parachute descent shall activate the main parachute at a height not less than 760 m

(2,500 ft) above ground level, except for—

(1) a student parachutist, who shall activate the main parachute at not less than 900 m (3,000 ft) above

ground level; or

(2) a tandem jump master carrying out a tandem parachute descent, who shall activate the main

parachute at not less than 1,500 m (5,000 ft) above ground level.

33.155 PARACHUTE DROP ZONE

(a) All parachute descents, except emergency and display parachute descents shall be made within a

parachute drop zone designated by the parachute operations certificate holder and approved by the

Authority.

33.160 PARACHUTE LANDING AREA

(a) A person making a parachute descent shall land on a parachute landing area designated by the parachute

operations certificate holder and approved by the Authority.

(b) Simultaneous parachute and aircraft movements may be conducted at aerodromes if the parachute landing

area is located clear of—

(1) any movement area in use;

(2) the strip area of any runway in use;

(3) a taxiway which is in use; and

(4) the approach and take-off areas of any runway or heliport in use.

(c) A person shall not make a parachute descent into water unless—

(1) the parachute landing area has a clearly defined perimeter; and

(2) adequate arrangements have been made to retrieve all parachutists.

33.165 GROUND SIGNAL

(a) A person shall not make a parachute descent unless a ground signal, consisting of a white circle with an

attached cone pointing into the wind is displayed or a sensitive and conspicuous calibrated windsock shall

be used.

33.170 CONTROLLED AIRSPACE

(a) A person shall not make a parachute descent in a controlled airspace unless he—

(1) obtains an air traffic control clearance; and

(2) descends in accordance with that clearance.

33.175 DESCENTS ONTO MANNED AERODROMES

(a) A person shall not make a parachute descent onto an aerodrome unless he—

(1) has prior approval from the owner or operator of the aerodrome;

(2) obtains clearance from the air traffic control unit at the aerodrome; and

(3) lands within the parachute landing area.

33.180 DESCENTS ONTO UNMANNED AERODROMES

(a) A person shall not make a parachute descent onto an unmanned aerodrome unless he—

(1) has prior approval from the owner or operator of the aerodrome;


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(2) observes other aerodrome traffic operating within the parachute descent zone for the purpose of

avoiding collision;

(3) conforms with or avoids the pattern of traffic formed by other aircraft operating within the parachute

descent zone at the aerodrome; and

(4) lands within the parachute landing area.

33.185 SCENTS WITHIN RESTRICTED AREAS

(a) A person shall not make a parachute descent within a restricted area unless he has prior approval of the

controlling authority specified for that area.

33.190 VISIBILITY & CLEARANCE FROM CLOUDS

(a) Except as provided in paragraph (b) a person shall not make a parachute descent unless he remains clear

of cloud.

(b) A person shall not make a parachute descend through cloud in a controlled airspace unless he has

obtained an air traffic control clearance to do so.

33.195 DESCENTS FROM HIGHER ALTITUDES

(a) A person shall not make a parachute descent from an un-pressurized aircraft unless—

(1) when between altitudes of 3,050 m (10,000 ft) above mean sea level and 3,950 m (13,000 ft) above

mean sea level for longer than 30 minutes, use supplementary oxygen until immediately prior to

exiting the aircraft; and

(2) when between altitudes of 3,950 m (13,000 ft) above mean sea level and 6,100 m (20,000 ft) above

mean sea level, use supplementary oxygen until immediately prior to exiting the aircraft.

(b) A person shall not make a parachute descent from a pressurized aircraft when between altitudes of 3,950

m (13,000 ft) above mean sea level and 6,100 m (20,000 ft) above mean sea level unless he uses

supplementary oxygen during the period from immediately prior to depressurisation to immediately prior to

exiting the aircraft.

(c) A person shall not make a parachute descent from altitudes above 3,950 m (13,000 ft) above mean sea

level unless he has satisfactorily completed a training course for high altitude descents.

(d) A person shall not make a parachute descent from altitudes above 6,100 m (20,000 ft) above mean sea

level unless he uses supplementary oxygen from immediately prior to depressurisation, or from

immediately after disconnection from any aircraft mounted supplementary oxygen system, until descent

below an altitude of 3,950 m (13,000 ft) above mean sea level.

33.200 PARACHUTE OPERATIONS OVER OR INTO A CONGESTED AREA OR AN OPEN-AIR

ASSEMBLY OF PERSONS

(a) A person shall not conduct a parachute jumping operation, and no pilot in command of an aircraft shall

allow a parachute operation to be conducted from that aircraft, over or into a congested area of a city, town,

or settlement, or an open-air assembly of persons unless an approval for that parachute jumping operation

has been issued under these Regulations.

SUBPART E: PARACHUTE EQUIPMENT & FACILITIES

33.205 PARACHUTES

(a) A person or tandem pair shall not make a parachute descent unless equipped with a main parachute that

complies with the technical standards order of the parachute manufacturer.

(b) A person or tandem pair shall not make a parachute descent unless equipped with a reserve parachute

assembly which—


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(1) complies with the technical standards of a parachute organization; and

(2) has been inspected, re-packed and certified as airworthy within the previous six months by a

parachute rigger in accordance with the technical standards of a parachute organization.

(c) A tandem rider shall not make a parachute descent unless he wears a harness which—

(1) complies with the technical standards of a parachute organization; and

(2) is properly secured to a marching tandem master harness.

33.210 ALTIMETER

(a) A person or tandem pair shall not make a free-fall descent of more than 10 seconds unless—

(1) he is equipped with, and use, a serviceable altimeter of a type suitable for parachuting; and

(2) prior to take-off, zero the altimeter to the parachute landing area height.

33.215 AUTOMATIC ACTIVATION DEVICES

(a) A person or tandem pair shall not make a parachute descent unless equipped with an automatic activation

device on the reserve parachute, that has been—

(1) certified as compatible with the reserve parachute assembly on the parachute assembly packing-

record by a parachute rigger authorized by the parachute organization or institution designated by the

Authority;

(2) calibrated in accordance with the manufacturer’s operating instructions;

(3) set to operate the reserve parachute at a minimum height above the parachute landing area (PLA)—

(i) for an individual parachute descent, 300 m (1 000 ft) above ground level or such lower altitude

as predetermined and set within the automatic activation device by the manufacturer of such

device for the category of use; and

(ii) for a tandem parachute descent, 600 m (2 000 ft) above ground level or such lower altitude as

predetermined and set within the automatic activation device by the manufacturer of such

device for use on tandem descents;

(4) inspected by the parachute rigger in accordance with the manufacturer’s instructions; and

(5) check-calibrated within the previous six months.

33.220 SAFETY EQUIPMENT

(a) A person shall not make a parachute descent into water unless he wears suitable floatation equipment

capable of supporting that person’s head clear of the water.

(b) A student parachutist shall not make a parachute descent within 1 nautical mile of a water hazard unless he

wears suitable floatation equipment capable of supporting that person’s head clear of the water.

(c) A student parachutist shall not make a parachute descent unless he wears a serviceable, rigid, protective

helmet of a type approved by the parachute organization.

(d) A tandem pair shall not make a parachute descent unless equipped with protective head gear approved by

the parachute organization.

SUBPART F: PARACHUTE MAINTENANCE

33.225 FACILITIES & EQUIPMENT REQUIREMENTS

(a) The holder of a parachute rigger authorization shall not exercise the privileges of his authorization unless

he has at least the following facilities and equipment available—

(1) a smooth surface;

(2) suitable housing that is adequately lighted and ventilated for drying and airing parachutes;


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Page 33-12 of 14

(3) enough packing tools and other equipment to pack and maintain the types of parachutes serviced;

and

(4) adequate housing facilities to perform applicable duties and to protect tools and equipment.

33.230 AIRWORTHINESS & SAFETY DIRECTIVES

(a) A person who intends to use a parachute for jumping shall ensure that the parachute complies with—

(1) applicable airworthiness directives issued by the Authority;

(2) applicable safety directive issued by the parachute operations certificate holder; and

(3) mandatory modifications or instructions issued by the manufacturer.

33.235 PARACHUTE SERVICEABILITY

(a) Each person who finds a parachute assembly to be unserviceable or not airworthy shall have the

assembly—

(1) re-inspected and returned to a serviceable and airworthy condition; or

(2) withdrawn from service.

(b) A person shall not return to service a parachute assembly that has been marked as unserviceable until

ithas been re-inspected and returned to serviceable and airworthy condition before use.

33.240 MODIFICATION & REPAIR

(a) A person shall not use a parachute, or harness and container system that has been modified or repaired,

ina manner that may affect the airworthiness of the parachute assembly, unless it is re-inspected and re-

assessed by a parachute rigger in accordance with the technical standards order of the manufacturer

33.245 PARACHUTE ASSEMBLY CHECK

(a) Except as provided by provisions of paragraphs (b) and (c), no person shall make a parachute descent

unless he has checked the state of serviceability of the parachute assembly by—

(1) reference to the assembly packing record for the parachute assembly;

(2) a comprehensive external check;

(3) checking that all the equipment is properly set to operate;

(4) ensuring that no item being carried will interfere with the proper functioning of the parachute

assembly; and

(5) ensuring that the seal is not broken or interfered with.

(b) For student parachutists, the person authorized by the parachute organization to directly supervise the

descent of the student shall inspect the equipment being worn by the student in accordance with paragraph

(a).

(c) For tandem riders, the tandem master shall inspect the equipment being worn by the tandem passenger in

accordance with paragraph (a).

33.250 SEAL

(a) An authorized parachute rigger shall have a seal with an identifying mark and a seal press prescribed by

the Authority.

(b) After packing a parachute, the parachute rigger shall seal the pack with a seal referred to paragraph (a) in

accordance with the manufacturer's recommendation for that type of parachute.

33.255 PARACHUTE RECORDS

(a) Each owner of a parachute assembly shall maintain a permanent record of which shall be kept in the

assembly at all times, in—

(1) a logbook; or


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Page 33-13 of 14

(2) a separable log page, approved by the parachute operations certificate holder.

(b) The owner referred to in paragraph (a) shall make the record available for inspection when required by an

authorized officer, inspector or authorized person.

33.260 ACCESS FOR INSPECTION

(a) A holder of a parachute operations certificate shall for the purpose of inspection to determine compliance

with applicable regulations and requirements—

(1) grant the Authority unrestricted access to any of its organisation’s, facilities and aircraft; and

(2) ensure that the Authority is granted unrestricted access to any organization or facilities that it has

contracted for services associated with parachute operations and maintenance.

SUBPART G: GENERAL

33.265 DRUG & ALCOHOL TESTING & REPORTING

(a) A person who performs any function requiring a licence, rating, qualification or authorization prescribed by

these Regulations directly or by contract may be tested for drug or alcohol usage.

(b) 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—

(1) be denied any licence, certificate, rating, qualification, or authorization issued under these

Regulations for a period of up to one year from the date of that refusal; or

(2) have their licence, certificate, rating, qualification, or authorization issued under these Regulations

suspended or revoked.

(c) A person who refuses to submit to a test to indicate the presence of narcotic drugs, marijuana, or

depressant or stimulant drugs or psychoactive substances in the body, 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—

(1) be denied any licence, certificate, rating, qualification, or authorization issued under these

Regulations for a period of up to one year from the date of that refusal; or



(d) Any person who is convicted for the violation of any local or national statute relating to the growing,

processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs,

marijuana, or depressant or stimulant drugs or psychoactive substances, shall—

(1) be denied any Licence, certificate, rating, qualification, or authorization issued under these

Regulations for a period of up to one year after the date of conviction; or



End of RCAR Part 33


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Page 33-14 of 14



1136






Order no04/CAB.M/018 of 24/07/2018





l'aviation civile


(sé)

GATETE Claver


Kigali, on 24/07/2018

(sé)

GATETE Claver


Kigali, le 24/07/2018

(sé)

GATETE Claver



Repubulika:

(sé)

BUSINGYE Johnston



Republic:

(sé)

BUSINGYE Johnston



(sé)



1137




No04/CAB.M/018 OF 24/07/2018


REGULATIONS


No04/CAB.M/018 DU 24/07/2018


L'AVIATION CIVILE


1138


Page 34-1 of 16

Part 34

Sport Aviation Operations

SUBPART A: GENERAL ........................................................................................................................ 3 34.001 CITATION & APPLICABILITY ........................................................................................................... 3

34.005 DEFINITIONS .................................................................................................................................... 3

34.010 ACRONYMS & ABBREVIATIONS ..................................................................................................... 4

SUBPART B: GYROGLIDERS & PARASAILS ...................................................................................... 4 34.015 APPLICABILITY ................................................................................................................................. 4

34.020 REGISTRATION ................................................................................................................................ 4

34.025 RESTRICTED AREAS ....................................................................................................................... 4

34.030 LOW FLYING ZONES ....................................................................................................................... 4

34.035 CONTROLLED AIRSPACE ............................................................................................................... 4

34.040 HAZARD & RISK MINIMISATION ..................................................................................................... 4

34.045 DROPPING OF ARTICLES ............................................................................................................... 4

34.050 AERODROMES ................................................................................................................................. 4

34.055 AIRSPACE......................................................................................................................................... 5 34.060 METEOROLOGICAL LIMITATIONS .................................................................................................. 5

34.065 NIGHT OPERATIONS ....................................................................................................................... 5

34.070 AIRWORTHINESS ............................................................................................................................ 5 34.075 SAFETY EQUIPMENT ...................................................................................................................... 5

34.080 PRE-FLIGHT BRIEFING ................................................................................................................... 5

34.085 EMERGENCY TOWLINE RELEASE ................................................................................................. 5 34.090 OPERATING PROCEDURES ........................................................................................................... 5

34.095 WIND SPEED .................................................................................................................................... 5

34.100 PASSENGER AGE LIMITATION ....................................................................................................... 6

SUBPART C: MICROLIGHT AIRCRAFT ................................................................................................ 6 34.105 APPLICABILITY ................................................................................................................................. 6

34.110 PILOT REQUIREMENTS .................................................................................................................. 6

34.115 FLIGHT INSTRUCTION .................................................................................................................... 6

34.120 FLIGHT RADIO OPERATOR LICENSE REQUIREMENTS .............................................................. 7

34.125 REGISTRATION ................................................................................................................................ 7

34.130 DOCUMENTS TO BE CARRIED ....................................................................................................... 7

34.135 PLACARDS ....................................................................................................................................... 7

34.140 FUEL REQUIREMENTS .................................................................................................................... 7

34.145 MAXIMUM OPERATING ALTITUDE ................................................................................................. 7

34.150 MINIMUM ALTITUDE ........................................................................................................................ 7

34.155 FLIGHT CRITERIA ............................................................................................................................ 8

34.160 TOWING HANG GLIDERS ................................................................................................................ 8

34.165 CARRIAGE OF PASSENGERS ........................................................................................................ 8

34.170 REQUIREMENT FOR FLIGHT PERMIT............................................................................................ 8

34.175 APPLICATION FOR FLIGHT PERMIT .............................................................................................. 9


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Page 34-2 of 16

34.180 ISSUE OF FLIGHT PERMIT .............................................................................................................. 9

34.185 MODIFICATION ................................................................................................................................. 9 34.190 MAINTENANCE & INSPECTION REQUIREMENTS ......................................................................... 9

34.195 INSTRUMENT & EQUIPMENT REQUIREMENTS .......................................................................... 10

34.200 HANG GLIDER TOWING AIRCRAFT .............................................................................................. 10

SUBPART D: GLIDERS ........................................................................................................................ 11 34.205 PURPOSE ....................................................................................................................................... 11

34.210 PILOT REQUIREMENTS ................................................................................................................. 11 34.215 TEST FLIGHTS ................................................................................................................................ 11

34.220 FLIGHT MANUALS .......................................................................................................................... 11

34.225 SIMULATED INSTRUMENT FLIGHT .............................................................................................. 12 34.230 GROUND SIGNAL ........................................................................................................................... 12

34.235 RIGHT OF WAY RULES .................................................................................................................. 12

34.240 INSTRUMENT METEOROLOGICAL CONDITIONS ....................................................................... 12 34.245 CLEARANCE BELOW CLOUD ........................................................................................................ 12

34.250 FUEL REQUIREMENTS .................................................................................................................. 12

34.255 MAXIMUM OPERATING ALTITUDE ............................................................................................... 12

34.260 MINIMUM ALTITUDE....................................................................................................................... 12

34.265 VFR CRUISING ALTITUDE & FLIGHT LEVEL ................................................................................ 12

34.270 AIRCRAFT EQUIPMENT ................................................................................................................. 12

34.275 GENERAL MAINTENANCE REQUIREMENTS ............................................................................... 13 34.280 MAINTENANCE INSPECTIONS ...................................................................................................... 13

34.285 MAINTENANCE PROGRAMMES .................................................................................................... 13

34.290 AUTHORISATION & APPROVAL OF MAINTENANCE PROGRAMME .......................................... 13 34.295 TECHNICAL LOG ............................................................................................................................ 14

34.300 PILOT MAINTENANCE .................................................................................................................... 14

SUBPART E: HANG GLIDERS ............................................................................................................ 14 34.305 APPLICABILITY ............................................................................................................................... 14

34.310 PILOT REQUIREMENTS ................................................................................................................. 15

34.315 AIRCRAFT AIRWORTHINESS ........................................................................................................ 15

34.320 REGISTRATION .............................................................................................................................. 15

34.325 AIRCRAFT DOCUMENTS ............................................................................................................... 15

34.330 FUEL REQUIREMENTS .................................................................................................................. 15 34.335 AIRCRAFT EQUIPMENT ................................................................................................................. 15

34.340 AIRCRAFT MAINTENANCE ............................................................................................................ 15

34.345 SAFETY EQUIPMENT ..................................................................................................................... 15 34.350 RIGHT-OF-WAY RULES ................................................................................................................. 15

34.355 CLEARANCE BELOW CLOUD ........................................................................................................ 15

34.360 MAXIMUM OPERATING ALTITUDE ............................................................................................... 16 34.365 MINIMUM ALTITUDE....................................................................................................................... 16

34.370 CONDITIONS FOR FLIGHT ............................................................................................................. 16

34.375 LAUNCH SITES ............................................................................................................................... 16 34.380 CALLSIGNS ..................................................................................................................................... 16

34.385 TOWING A HANG GLIDER IN FLIGHT ........................................................................................... 16


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Page 34-3 of 16

SUBPART A: GENERAL


(a) These regulations may be cited as Civil Aviation (Sport Aviation Operations) Regulations.

(b) This Part prescribes the requirements of the Republic of Rwanda for aircraft operated for sport aviation

purposes and includes—

(1) regulations, additional to Civil Aviation Regulations (Operations of Aircraft, Air Operator Certification

and Administration, and Instruments and Equipment) ; and

(2) exceptions from Civil Aviation Regulations (Operations of Aircraft, Air Operator Certification and

Administration, and Instruments and Equipment), for specific sport aviation activities and

(3) the airworthiness and maintenance requirements for sport aviation aircraft.

(c) This Part is applicable to all persons and organizations participating in sport aviation operations.

(d) The following aircraft are identified for use in sport aviation—

(1) parasails;

(2) gyrogliders;l

(3) microlight aircraft;

(4) gliders;

(5) hang gliders; and

(6) any other aircraft designated by the Authority as sport aviation.

(e) When another type of sport aviation operation is designated by the Authority, interim standards for that

activity will be published and will have the same legal basis as this Part.

(f) The Civil Aviation Technical Standards (Sport Aviation) published by the Authority are applicable to the of

the operations of sport aviation aircraft in the airspace of Rwanda.

34.005 DEFINITIONS


Class 1 microlight aircraft means a 1- seat aircraft with maximum take-off weight of 510kg.

Class 2 microlight aircraft means a 2 seat aircraft with maximum take-off weight of 600kg.

Danger area means a designated portion of airspace notified to operators that there is a potential danger

to aircraft flying in the area.

Glider—

(i) means a non-power-driven heavier-than-air aircraft that derives its lift in flight chiefly from

aerodynamic reactions on surfaces which remain fixed under given conditions of flight;and

(ii) includes a powered glider whether the engines are operating or not.

Gyroglider means a ground or water towed non-power-driven heavier-than air aircraft supported in flight

by the reaction of the air on one or more rotors which rotate freely on substantially vertical axes,

capable of carrying a person or persons.

Hang glider means a glider, including a powered glider, that is capable of being launched and landed

solely by the use of the pilot’s legs, and includes paragliders.

Low flying zones means a designated a portion of airspace where pilot training in low level manoeuvres

may be conducted.

Microlight aircraft means a basic low performance aircraft designed to carry not more than 2 persons

which meets low momentum parameters that are acceptable to the Authority.

Parasail means an aerodyne, having the general form of an open, circular parachute carrying a person or

persons towed behind a vehicle or motorboat to sustain flight:


1141


Page 34-4 of 16


[Reserved

SUBPART B: GYROGLIDERS & PARASAILS


(a) This Subpart prescribes regulations governing the operation of gyrogliders and parasails.

34.20 REGISTRATION

(a) A person must not operate a gyroglider or parasail unless it has been registered by the Authority.

34.025 RESTRICTED AREAS

(a) A person must not operate a gyroglider, or parasail within a restricted area unless the person has approval

to do so from the administering authority responsible for the restricted area.

(b) A person must not operate a gyroglider or parasail within a designated military operating area unless the

person has approval to do so from the administering authority responsible for the military operating area.

(c) A person must not operate a gyroglider or parasail within a designated danger area unless the person has

established that the activity associated with the danger area will not affect the safety of the gyroglider or

parasail.

34.030 LOW FLYING ZONES

(a) A person must not operate a gyroglider or parasail within a designated low flying zone.

34.035 CONTROLLED AIRSPACE

(a) A person must not operate a gyroglider, or parasail in controlled airspace without prior authorisation from

the ATC unit responsible for that airspace.

34.040 HAZARD & RISK MINIMISATION

(a) No person may operate a gyroglider, or parasail over any congested area of a city, town, or settlement, or

over any open air assembly of persons.

(b) A person operating a gyroglider, or parasail must take all practicable steps to minimize hazards to persons,

property and other aircraft.

34.045 DROPPING OF ARTICLES

A person operating a gyroglider, or parasail must not allow any object to be dropped in flight if such action

creates a hazard to other persons or property.

34.050 AERODROMES

(a) A person must not operate a gyroglider or parasail on an aerodrome or within 5 km of an aerodrome

boundary unless—

(1) at an uncontrolled aerodrome, the gyroglider or parasail is operated—

(i) in accordance with an aerodrome operator; and agreement with the

(ii) at a height not exceeding 400 feet AGL; or

(2) at a controlled aerodrome, the gyroglider or parasail is operated in accordance with an authorisation

from the aerodrome air traffic control service.

(b) A person must not operate a gyroglider or parasail—

(1) on or over any aircraft movement area of an aerodrome; or

(2) on or over any active runway or runway strip area of an aerodrome.


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34.055 AIRSPACE

(a) A person shall operate a gyroglider or parasail above a height of 500 feet AGL and must—

(1) ensure that the gyroglider or parasail remains more than 5 km from any aerodrome boundary; and

(2) operate in Class G airspace; and

(3) provide the following information to the ATC unit responsible for that airspace and the NOTAM office

at least 24 hours before the operation:

(i) the name, address, and telephone number of the operator;

(ii) the date, time, and duration of the operation;

(iii) a brief description of the gyroglider or parasail (including size and predominant colour); and

(iv) the height to which the gyroglider or parasail will be operated.

34.060 METEOROLOGICAL LIMITATIONS

(a) A person operating a gyroglider or parasail must—

(1) not operate closer than 500 feet below cloud; and

(2) limit operations to an area where the ground visibility is at least 5 km.

34.065 NIGHT OPERATIONS

(a) A person must not operate a gyroglider or parasail at night.

34.070 AIRWORTHINESS

(a) A person who operates a gyroglider or parasail must ensure that it is fit for the intended purpose and is

maintained in an airworthy condition in accordance with the manufacturer’s instruction.


(a) A person operating a gyroglider or parasail must ensure that each person carried by the gyroglider or

parasail—

(1) when flying over water, or within gliding distance of water, wears a positive buoyancy aid; and

(2) wears a rigid protective helmet; and

(3) is secured to the gyroglider or parasail by a harness.

34.080 PRE-FLIGHT BRIEFING

(a) A person operating a gyroglider or parasail must ensure that each person carried by the gyroglider or

parasail receives a pre-flight briefing on—

(1) the nature of the flight; and

(2) the standard operating procedures; and

(3) the emergency procedures including:

(i) the location and use of emergency equipment;

(ii) the procedures to be followed in the event of a water landing, or towline separation; and

(iii) the method for communicating with the gyroglider or parasail operator if an emergency occurs.

34.085 EMERGENCY TOWLINE RELEASE

(a) A person must not release the towline of a gyroglider or a parasail in flight except in an emergency.

34.090 OPERATING PROCEDURES

(a) A person operating a gyroglider or parasail must do so in accordance with the operating procedures and

limitations recommended by the manufacturer.

34.095 WIND SPEED

(a) A person operating a parasail must—


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(1) use a method or device to accurately determine and monitor the wind speed at the location where the

parasailing operation is being conducted; and

(2) not conduct a parasailing operation in conditions where the sustained wind speed exceeds 20 knots.

34.100 PASSENGER AGE LIMITATION

(a) A person operating a parasail must not—

(1) perform a parasailing operation with an extended towline length of more than 300 feet, as measured

from the winch drum to the parasail canopy yoke, when carrying any solo passenger who is below 12

years old; and

(2) (perform a parasailing operation with a passenger carried by a parasail who is less than 12 years old

unless the passenger is accompanied by another passenger who is at least 18 years old, and is able

to assist the younger passenger if an emergency occurs.

SUBPART C: MICROLIGHT AIRCRAFT


(a) This Subpart prescribes—

(1) regulations, additional to Civil Aviation Regulations (Operations of Aircraft, Air Operator Certification

and Administration, and Instruments and Equipment) for the operation of microlight aircraft; and

(2) exceptions from Civil Aviation Regulations (Operations of Aircraft, Air Operator Certification and

Administration, and Instruments and Equipment), for the operation of microlight aircraft; and

(3) the airworthiness and maintenance requirements for microlight aircraft.

34.110 PILOT REQUIREMENTS

(a) Each person shall not act as the pilot of a microlight aircraft unless—

(1) holds an appropriate current microlight pilot certificate with an appropriate type rating; or

(2) holds a current pilot licence issued under Civil Aviation (Personnel Licensing) Regulations with an

appropriate type rating; or

(3) operates under the direct supervision of the holder of a microlight pilot instructor certificate meeting

the requirements of Section 34.110.

(b) (Each pilot shall comply with the privileges and limitations of the licence or certificate, and any applicable

ratings.

34.115 FLIGHT INSTRUCTION

(a) 23. No person shall exercise the privileges of a microlight flight instructor unless that person holds a type

rating for the microlight aircraft being used, and holds the qualification being taught, and—

(1) that person—

(i) holds a microlight pilot instructor certificate; and

(ii) complies with the procedures established in the operations manual of the microlight operator

controlling the operation; or

(2) that person—

(i) holds an instructor rating issued under Civil Aviation (Personnel Licensing) Regulations; and

(ii) has demonstrated competence in the piloting of a microlight aircraft to a microlight pilot

instructor specified in (a).


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34.120 FLIGHT RADIO OPERATOR LICENSE REQUIREMENTS

(a) A person operating a microlight aircraft must not use an aeronautical radiotelephone transceiver unless the

person holds a pass in the flight radiotelephony written examination required under Civil Aviation

(Personnel Licensing) Regulations, Section 7.240.

34.125 REGISTRATION

(a) A person must not operate a microlight aircraft unless it has been registered by the Authority

(b) Each applicant for the grant of a certificate of registration under Civil Aviation (Aircraft Registration and

Marking) Regulations for a microlight aircraft shall provide the Authority with evidence that the aircraft

meets a type design standard listed in 34.170(a)(1)(ii).

(c) Each operator of a microlight aircraft accepted for registration shall ensure that the aircraft continues to

conform to the requirements of paragraph (b).

34.130 DOCUMENTS TO BE CARRIED

(a) The requirements of Civil Aviation (Operations of Aircraft) Regulations, Section 10.050 shall not apply to a

person operating a microlight aircraft provided these documents are available to the pilot for pre-flight

planning.

(b) No person shall operate a Class 2 microlight aircraft or a Class 1 microlight helicopter unless the flight

permit required by Section 34.160(b) is carried in the aircraft.

34.135 PLACARDS

(a) Each operator of a Class 2 microlight aircraft shall ensure that a legible placard is installed in clear view of

the pilot stating—

(1) the certificated or design gross weight, whichever is the lesser; and

(2) the maximum and minimum payload for the aircraft.

(b) Each operator of a Class 2 microlight aircraft shall ensure that a legible placard is installed in clear view of

the seated passenger—

(1) with a title advising that the placard is a passenger warning; and

(2) stating that the aircraft does not require an airworthiness certificate.

34.140 FUEL REQUIREMENTS

(a) A person shall not commenced a flight unless the aircraft carries sufficient fuel and oil including any reserve

carried for contingencies to ensure that it can safely complete the flight taking into account both the

meteorological conditions and any delays that are expected in flight.

34.145 MAXIMUM OPERATING ALTITUDE

(a) The pilot of a glider shall not operate a glider a maximum operating altitude of more than 3,000 feet AGL.

34.150 MINIMUM ALTITUDE

(a) A pilot of a microlight aircraft may operate a microlight aircraft below 500 feet AGL for the purpose of—

(1) microlight gyroplane circuit training, provided such operations are not carried out below 200 feet AGL;

and

(2) practice for, and participation in, microlight aircraft competition flying, provided such operations are—

(i) conducted with the knowledge and approval of a microlight organisation; and

(ii) carried out in accordance with any conditions imposed by a microlight organisation; and

(iii) not carried out below 200 feet AGL.


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34.155 FLIGHT CRITERIA

(a) A pilot shall only operate a microlight aircraft—

(1) by day; and

(2) in VFR meteorological minima.

(b) (A pilot of a microlight aircraft shall not operate—

(1) over any congested area of a city, town, or settlement; or

(2) in controlled airspace or within 3 nautical miles (5.5 km) of an aerodrome unless—

(i) the pilot has gained a pass in the air law examination required by Civil Aviation (Personnel

Licensing) Regulations, Section 7.280(a)); or

(ii) the pilot is under the direct supervision of the holder of a microlight pilot instructor certificate

who meets the requirement of paragraph (b)(2)(i).

(c) A pilot shall not operate in accordance with paragraph (b)(2)(ii), and the supervising instructor shall not

permit such an operation, unless—

(1) the instructor fully briefs the pilot on compliance with the regulations for the applicable airspace in

which the aircraft will be operated; and

(2) a pre-flight briefing for the operation is obtained from ATS.

34.160 TOWING HANG GLIDERS

(a) Each pilot of a microlight aircraft towing a hang glider in flight shall hold at least an advanced microlight pilot

certificate or a licence issued under Civil Aviation (Personnel Licensing) Regulations, and a microlight tow

rating issued by a microlight organisation in the form of a statement of competence in their pilot logbook.

(b) The holder of an advanced microlight pilot certificate or a licence issued under Civil Aviation (Personnel

Licensing) Regulations, is eligible for the issue of a microlight tow rating if the pilot—

(1) has at least 100 hours flight time experience including—

(i) at least 80 hours as pilot-in-command of a microlight; and

(ii) at least 20 hours as the pilot of the type of microlight aircraft being used; and

(2) has been briefed on hang glider towing emergencies and procedures by the holder of a hang glider

instructor certificate issued by the Authority operating within a hang glider organisation; and

(3) has been briefed on microlight towing emergencies and procedures by the holder of a microlight pilot

instructor certificate.

(c) A pilot of a microlight aircraft shall not tow a hang glider in flight unless—

(1) the towing aircraft is of a type that is capable of controlled flight at speeds below the maximum

(2) permissible aero-tow speed prescribed in the specifications of the towed hang glider; and

(3) the towing aircraft complies with the equipment requirements of Section 34.200; and

(4) release mechanisms on both aircraft have been checked for serviceability prior to the first flight of the

day.

34.165 CARRIAGE OF PASSENGERS

(a) A pilot must not carry another person in a microlight aircraft unless—

(1) the pilot has been authorised by the Authority to do so; and

(2) the aircraft is a Class 2 microlight aircraft;

34.170 REQUIREMENT FOR FLIGHT PERMIT

(a) The requirements of Civil Aviation (Operations of Aircraft) Regulations, Section 10.355(a)(1) do not apply to

a person operating a microlight aircraft.


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(b) A person must not fly a Class 2 microlight aircraft unless there is in force for the aircraft, a flight permit

issued in accordance with these regulations.

34.175 APPLICATION FOR FLIGHT PERMIT

(a) Each applicant for a flight permit for a Class 2 microlight aircraft shall submit the information required by

Section 34.170 to the Authority with a payment of the appropriate fee prescribed by the Authority.

34.180 ISSUE OF FLIGHT PERMIT

(a) The Authority may issue a microlight flight permit for Class 2 microlight aircraft if—

(1) the applicant for the flight permit provides documented evidence that—

(i) a microlight flight permit, or equivalent document acceptable to the Authority, has been issued

for the type by the competent authority of an ICAO Contracting State; or

(ii) the aircraft conforms to a type design complies with 1 of the following standards—

(A) European Aviation Safety Agency (EASA): CS-VLA

(B) LAMAC and Transport Canada: DS 10141E Issue 002;

(C) any other equivalent standard acceptable to the Authority; or

(iii) 6 or more aircraft of the type have been operated and the aircraft type has achieved a

documented satisfactory airworthiness history of at least 150 hours of flight including at least 50

hours of flight on one aircraft; or

(2) the applicant provides—

(i) satisfactory evidence that the aircraft complies with every applicable requirement prescribed

under Civil Aviation Regulations (Aircraft Registration and Marking, Operations of Aircraft), and

these regulations; and

(ii) a statement of hours flown by the aircraft both in total and since any previous flight permit or

equivalent document was issued; and)

(iii) a statement that any inspection, replacement, overhaul, or other maintenance of the microlight

aircraft or its engine or engine components that is considered mandatory by the manufacturer

has been complied with; and

(3) the aircraft has been inspected by a person authorised by the Authority and that person has certified

that the aircraft has no hazardous design features.

(b) A microlight flight permit remains in force for 1 year.

34.185 MODIFICATION

(a) Where a Class 2 microlight is modified in any manner that may affect the airworthiness of the aircraft, the

operator shall ensure Section 34.170 before further flight.

34.190 MAINTENANCE & INSPECTION REQUIREMENTS

(a) An operator of a microlight aircraft must ensure that—

(1) the aircraft is maintained in an airworthy condition; and

(2) every applicable airworthiness directive is complied with; and

(3) between required inspections, every defect is rectified.

(b) An operator of a microlight aircraft that meets a type design standard listed in Section 34.170(a)(1), must

ensure that the aircraft is maintained in accordance with the designer or kitset manufacturer maintenance

requirements.

(c) Subject to paragraphs (d) and (f), a person must not operate a microlight aircraft unless—

(1) an annual inspection of the conditions of the aircraft has been carried out within the preceding 12

months; and

(2) the requirements of Section 34.180(a)(2) are complied with.


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(d) The annual condition inspection required by paragraph (c)(1) must be—

(1) performed by—

(i) a person authorised by a microlight organisation to perform annual condition inspections; or

(ii) the Authority; or

(iii) a person who holds a current aircraft maintenance engineer licence with appropriate aircraft

and engine group ratings issued in accordance with JAR Part 66; and

(2) acceptable to the Authority with regard to the items and components inspected.

(e) The person who performs the annual condition inspection required by paragraph (c)(1) must, if the person

finds the aircraft to be in an airworthy condition,—

(1) certify in an inspection form that the aircraft is airworthy; and

(i) permanently affix the inspection form required under (a) to the aircraft in a prominent place

adjacent to the point of entry; and

(ii) retain a copy of the inspection form required under (a) as a record of the certification; and

(iii) for a class 2 microlight aircraft, enter the details of the certification in the applicable

maintenance record .

(f) The aircraft inspection form required under paragraph (e)(1) must include the—

(1) aircraft registration markings; and

(2) aircraft type; and

(3) due date for the next annual condition inspection; and

(4) date, signature, and licence or certificate number of the engineer or inspector who carried out the

annual condition inspection.

(g) If the annual condition inspection that is required under paragraph (c)(1) shows that the aircraft is not

airworthy, the operator of the aircraft must not permit the aircraft to be flown until it has been reinspected

and certified as airworthy in accordance with paragrahs (d), (e), and (f).

34.195 INSTRUMENT & EQUIPMENT REQUIREMENTS

(a) Each operator of a microlight aircraft shall equip the aircraft with—

(1) instruments and equipment required—

(i) to conform with the aircraft type design; and

(ii) by the aircraft designer or kit manufacturer; and

(2) the means of indicating—

(i) airspeed; and

(ii) altitude in feet; and

(iii) magnetic heading.

34.200 HANG GLIDER TOWING AIRCRAFT

(a) Each person operating a microlight aircraft towing a hang glider in flight shall, in addition to Section 34.195,

ensure that—

(1) the aircraft is equipped with—

(i) a towing installation enabling the tow pilot to release the tow rope at any time, comprising a tow

hook and attachment assembly which meets the aircraft’s design standard; and

(ii) a rear vision mirror; and

(iii) a tow line, which has a weak link incorporated at the tow plane end, with a breaking strength of

not more than 100 kg; and

(2) the hang glider is equipped with a quick release mechanism for hang glider pilot activation with a

simple and positive releasing action with tow rope loads of up to 100 kg rearward from the tow hook

within a cone of 45 degrees upwards, 30 degrees downwards, and 30 degrees sideways.


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SUBPART D: GLIDERS

34.205 PURPOSE

(a) This Subpart prescribes—

(1) regulations, additional to Civil Aviation (Operations of Aircraft) Regulations, for the operation of

gliders; and

(2) regulations, additional to Civil Aviation (Airworthiness) Regulations, for the maintenance of gliders;

and

(3) exceptions from Civil Aviation (Operations of Aircraft)

(4) Regulations for the operation of gliders; and

(5) exceptions from Civil Aviation (Airworthiness) Regulations for the maintenance of gliders.

(b) This Subpart does not apply to hang gliders.


(a) A pilot of a glider must—

(1) hold—

(i) a current glider pilot certificate; or

(ii) a current private pilot licence (glider) issued in accordance with Civil Aviation (Personnel

Licensing) Regulations; or

(iii) a current commercial pilot licence (glider) issued in accordance with Civil Aviation (Personnel

Licensing) Regulations; and

(2) be—

(i) at least 21 years of age; or

(ii) individually authorised for each flight by glider instructor; and

(3) comply with the privileges and limitations of the pilot licence or pilot certificate, and any applicable

rating; and

(4) comply with the operational standards and procedures of a gliding organisation.

(b) Notwithstanding paragraph (a), a person may act as a pilot of a glider without complying with paragraph

(a)(1), (2), and (3) if the person acts as a pilot of the glider under the direct supervision of the holder of an

instructor rating issued by the Authority.

(c) No person may operate a glider over any congested area of a city, town, or settlement, or over any open air

assembly of persons.

34.215 TEST FLIGHTS

(a) The holder of a current glider pilot certificate and an applicable type rating may act as pilot-in-command of

a glider that is operated in accordance with Civil Aviation (Airworthiness) Regulations, Section 4.085 for the

purpose of demonstrating the eligibility of the glider for the issue, renewal, or reinstatement of an

airworthiness certificate.

(b) The holder of a glider pilot certificate and an applicable type rating may perform an operational flight check

of a glider under Civil Aviation (Airworthiness) Regulations, Section 4.085 if the glider requires an

operational flight check.

34.220 FLIGHT MANUALS

(a) A person may operate a glider without carrying a flight manual in the glider if—

(1) the flight manual is available to the pilot for pre-flight planning; and

(2) cockpit decals provide the reference information necessary for a pilot to safely operate the glider.


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34.225 SIMULATED INSTRUMENT FLIGHT

(a) The holder of a glider pilot certificate may act as a safety pilot in a glider for the purpose of simulated

instrument flight.

34.230 GROUND SIGNAL

(a) If a ground signal is used to indicate that gliding operations are taking place, that signal shall consist of a

large white arrow pointing in the direction of take-off and landing.

34.235 RIGHT OF WAY RULES

(a) The pilot of a glider soaring on a ridge, where the ridge is to the right of the glider, shall not be required to

turn right when approaching another glider head on.

(b) The pilot of a glider overtaking another glider soaring on a ridge shall pass on the ridge side of the glider

being overtaken.

(c) Where two gliders are on final landing approach, the pilot of the higher performance glider shall give way to

the lower performance glider.

34.240 INSTRUMENT METEOROLOGICAL CONDITIONS

(a) The pilot of a glider may fly in IMC if the flight is conducted within—

(1) a restricted area designated for cloud flying; or

(2) Class G airspace and the pilot confirms with the appropriate ATS unit at intervals not exceeding 15

minutes that there is no known IFR traffic in or near the proposed area of cloud flying.

34.245 CLEARANCE BELOW CLOUD

(a) The pilot of a glider shall fly no closer than 500 feet below cloud within Class E or G airspace.


(a) A person shall not commenced a flight unless the aircraft carries sufficient fuel and oil including any

reserve carried for contingencies to ensure that it can safely complete the flight taking into account both the



(a) The pilot of a glider shall not operate a glider at a maximum operating altitude of more than 3,000 feet AGL.


(a) The pilot of a glider may operate the glider below a height of 500 feet above the surface—

(1) for ridge soaring, if the flight does not create a hazard to a person or property on the ground; or

(2) if a gliding instructor is conducting launch failure training.

34.265 VFR CRUISING ALTITUDE & FLIGHT LEVEL

(a) The pilot of a glider shall not be required to maintain the cruising altitude or flight level for their magnetic

track.

34.270 AIRCRAFT EQUIPMENT

(a) A person shall not operate a glider unless the following equipment and operative instruments are installed—

(1) an airspeed indicator; and

(2) a pressure sensitive altimeter adjustable for barometric pressure; and

(3) a magnetic compass; and

(4) a safety harness for each seat; and

(5) a first aid kit; and


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(6) for powered gliders—

(i) a quantity gauge for each main fuel tank; and

(ii) an oil pressure gauge or warning device for each engine other than a two-stroke engine; and

(iii) a tachometer, RPM indicator, or engine governor light for each engine; and

(7) for IMC flight—

(i) a variometer; and

(ii) a turn and slip indicator or artificial horizon; and

(iii) a radio communications transceiver that is capable of communication with the appropriate ATS

unit.

34.275 GENERAL MAINTENANCE REQUIREMENTS

(a) An operator of a glider must ensure that—

(1) the glider is maintained in an airworthy condition; and

(2) every applicable airworthiness directive is complied with; and

(3) the glider is inspected in accordance with—

(i) these regulations; and

(ii) the applicable requirements; and

(4) mandatory replacement times, inspection intervals, and related procedures specified in the

airworthiness limitations of the manufacturer’s maintenance manual or instructions for continued

airworthiness issued for the glider are complied with; and

(5) between required inspections, a defect is rectified in accordance with Civil Aviation (Airworthiness)

Regulations.

34.280 MAINTENANCE INSPECTIONS

(a) A person must not operate a glider unless, within the preceding 12 months, the glider—

(1) has been inspected in accordance with a maintenance programme required under Section 34.270

and has been certified for released-to-service in accordance with Civil Aviation (Airworthiness)

Regulations; or

(2) has passed an inspection for the issue of an airworthiness certificate.

34.285 MAINTENANCE PROGRAMMES

(a) An operator of a glider must maintain the glider, including the airframe, any engine or propeller, component,

survival equipment, and emergency equipment, in accordance with the applicable requirements prescribed

in Civil Aviation (Operations of Aircraft) Regulations, Subpart B and—

(1) the current maintenance schedule recommended by the manufacturer; or

(2) a maintenance programme—

(i) authorised by a gliding organisation in accordance with Section 34.275 and the applicable

procedures in the gliding organisation’s exposition; or

(ii) approved by the Authority in accordance with Section 34.275.

34.290 AUTHORISATION & APPROVAL OF MAINTENANCE PROGRAMME

(a) An operator of a glider who wishes to maintain the glider in accordance with a maintenance programme under Section 34.275(b) must submit the programme in writing to a gliding organisation for authorisation or, to the Authority for approval.

(b) The programme required under r34.285(a) must include the following information:

(1) a statement as to whether or not the glider is to be used for a training operation:

(2) a schedule for performing the inspections proposed by the programme expressed in terms of the time

in service, calendar time, or any combination of these:


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(3) instructions and procedures for the conduct of maintenance for the particular make and model of the

glider, including necessary tests and checks. The instructions and procedures must detail the parts

and areas of the airframe, engine, propeller and component, including survival and emergency

equipment, required to be inspected.

(c) If the operator of a glider amends the maintenance programme that is authorised or approved under

paragraph (a), the operator must apply the time-in-service or calendar times accumulated under the

previous programme when determining inspection due times under the new programme.

(d) An operator of a glider who maintains the glider in accordance with a maintenance programme required

under 34.285(a)(2) must amend the maintenance programme in accordance with any instruction issued by

the gliding organisation that authorised the programme, or the Authority, if the gliding organisation or the

Authority determines that an amendment is required to ensure the continued adequacy of the programme.

34.295 TECHNICAL LOG

(a) Each operator of a glider shall provide a technical log forthe aircraft which has provision for

recording—

(1) the name and address of the operator; and

(2) the identity of the maintenance programme to which the glider is maintained; and

(3) a statement of the inspection status of the glider including the identity of the next due inspection and

the date of that inspection; and

(4) the date the last annual review of airworthiness was performed; and

(5) the daily hours flown including the total time in service; and

(6) the pilot daily inspection signature; and

(7) the first and second control check signatures after rigging; and

(8) any defects found by the pilot during or following a flight; and

(9) details of rectification of defects occurring between scheduled inspections and the certificate of

release to service for that rectification; and

(10) details of any deferred rectification including any inoperative equipment allowed to be inoperative

under Civil Aviation (Operations of Aircraft) Regulations, Section 10.030.

(b) The operator shall record the information specified in paragraph (a) in the technical log and ensure that the

information is current, except that the daily hours flown, and total time in service, may be recorded in daily

flying sheets that are of a permanent nature.

34.300 PILOT MAINTENANCE

(a) Notwithstanding Civil Aviation (Airworthiness) Regulations, Section 4.125, a person who holds a

current glider pilot certificate may perform the maintenance listed in Appendix 1 to 4.140 of the Civil

Aviation (Airworthiness) Regulations on a glider if the person is the owner or operator of the glider.

(b) A person who performs maintenance on a glider under paragraph (a) may certify the glider for release-to-

service after performing the maintenance.

SUBPART E: HANG GLIDERS


(a) This Part prescribes—

(1) Regulations; additional to Civil Aviation (Operations of Aircraft) Regulations, for the operation of hang

gliders; and

(2) exceptions from Civil Aviation (Operations of Aircraft) Regulations, for the operation of hang gliders.


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(a) A pilot of a hang glider must—

(1) be a bonafide member of a hang gliding organisation; and

(2) hold an appropriate hang glider pilot certificate; and

(3) comply with the privileges and limitations of his or her pilot certificate and any applicable ratings; and

(4) comply with the operational standards and procedures of the hang gliding organisation.

(b) Despite paragraph (a)(2), a person who does not hold an appropriate hang glider pilot certificate may

operate a hang glider under the direct supervision of the holder of a hang glider instructor certificate issued

by a hang gliding organisation referred to in paragraph (a)(1).

34.315 AIRCRAFT AIRWORTHINESS

(a) Hang gliders and their component parts and equipment are not required to meet the airworthiness

certification standards specified for aircraft or to have certificates of airworthiness.

34.320 REGISTRATION

(a) A person must not operate a hang glider unless it has been registered by the Authority.

(b) A pilot shall not operate a hang glider unless it is identified by a hang glider identification mark.

34.325 AIRCRAFT DOCUMENTS

(a) The requirements of Civil Aviation (Operations of Aircraft) Regulations, Section10.020 shall not apply to a

person operating a microlight aircraft provided these documents are available to the pilot for pre-flight

planning.


(a) A person shall not commenced a flight unless the aircraft carries sufficient fuel and oil including any reserve

carried for contingencies to ensure that it can safely complete the flight taking into account both the


34.335 AIRCRAFT EQUIPMENT

(a) Each person operating a hang glider shall be equipped with an altimeter that shows height above the

ground to an accuracy of 100 feet.

34.340 AIRCRAFT MAINTENANCE

(a) Each person operating a hang glider shall ensure that the hang glider is maintained in an airworthy

condition at all times and the hang glider has a current certificate of fitness issued by a qualified person.


(a) Each pilot and passenger of a hang glider shall wear a—

(1) serviceable rigid protective helmet conforming to the standards of a hang glider manufacture; and

(2) a harness of a type conforming to the standards of a hang glider manufacturer.

34.350 RIGHT-OF-WAY RULES

(a) A pilot of a hang glider soaring on a ridge, where the ridge is to the right of the hang glider, is not

required to turn right when approaching another hang glider head on.

(b) A pilot of a hang glider overtaking another hang glider soaring on a ridge shall pass on the ridge side of the

hang glider being overtaken.

34.355 CLEARANCE BELOW CLOUD

(a) A person shall fly a hang glider no closer than 500 feet below cloud in—


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(1) Class G airspace; or

(2) Class E airspace, except in transponder-mandatory airspace.


(a) The pilot of a glider shall not operate a glider a maximum operating altitude of more than 3,000 feet AGL.


(a) A person may fly a hang glider below a height of 500 feet for ridge soaring, if such flight does not hazard

persons or property on the ground.

34.370 CONDITIONS FOR FLIGHT

(a) A person shall not fly a hang glider at night.

34.375 LAUNCH SITES

(a) Each pilot of a hang glider shall only launch the hang glider from a launch site authorised by the

Authority.

(b) No person may operate a hang glider over any congested area of a city, town, or settlement, or over any

open air assembly of persons.

34.380 CALLSIGNS

(a) Each pilot of a hang glider shall use their pilot identification number for all two-way radio communications

with ATS.

34.385 TOWING A HANG GLIDER IN FLIGHT

(a) A person, other than the pilot of a microlight aircraft, must not tow a hang glider in flight.

End of RCAR Part 34


1154






Order no04/CAB.M/018 of 24/07/2018





l'aviation civile


(sé)

GATETE Claver


Kigali, on 24/07/2018

(sé)

GATETE Claver


Kigali, le 24/07/2018

(sé)

GATETE Claver



Repubulika:

(sé)

BUSINGYE Johnston



Republic:

(sé)

BUSINGYE Johnston



(sé)



1155




No04/CAB.M/018 OF 24/07/2018


REGULATIONS


No04/CAB.M/018 DU 24/07/2018


L'AVIATION CIVILE


1156


Page 35-1 of 6

Part 35 Registration of Interest in Aircraft

SUBPART A: GENERAL .................................................................................................................................................. 3

35.001 CITATION & APPLICABILITY ........................................................................................................................... 3

35.005 DEFINITIONS .................................................................................................................................................... 3

35.010 ACRONYMS & ABBREVIATIONS ..................................................................................................................... 3

35.015 COMPLETION OF DOCUMENTS & POWER OF ATTORNEY ........................................................................ 3

SUBPART B: MORTGAGES ............................................................................................................................................ 3

35.020 DEED OF MORTGAGE ..................................................................................................................................... 3

35.025 DISCHARGE OF MORTGAGE ......................................................................................................................... 4

35.030 TRANSFER OF MORTGAGE ........................................................................................................................... 4

35.035 DECLARATION OF TRANSMISSION OF RIGHTS IN MORTGAGE ............................................................ 4

35.040 CERTIFICATE OF MORTGAGE ..................................................................................................................... 4

35.045 REGISTER OF AIRCRAFT MORTGAGES ..................................................................................................... 4

35.050 FEES ............................................................................................................................................................... 5


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1158


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SUBPART A: GENERAL


(a) These Regulations may be cited as the Civil Aviation (Registration of Interest in Aircraft) Regulations.

(b) This Part prescribes the requirements for with the aim to reduce the cost of raising finance by—

(1) providing for the creation and registration of an “international interest” (such as a mortgage or lease).

(2) remedies available to creditors should there be a default by an airline or other business.

(c) Civil Aviation Technical Standards (Registration of Interest) published by the Authority shall also be

applicable to the operational control of aircraft operations.

35.005 DEFINITIONS

(a) In these regulations a word or expression to which a meaning has been assigned in the Law Governing

Civil Aviation, shall have the meaning so assigned to it, and unless the context otherwise indicates-—

Aircraft. Includes a share in the aircraft

Authority. The Rwanda Civil Aviation Authority established under the laws of Rwanda.


(a) The following acronym is used in this Part—

RCATS = Rwanda Civil Aviation Technical Standards.

35.015 COMPLETION OF DOCUMENTS & POWER OF ATTORNEY

(a) All documents shall be signed in black ink of durable quality.

(b) All documents and copies thereof shall be completed in clearly legible writing, printing or typescript of good

quality.

(c) All copies of the documents to be submitted to the Authority shall be certified true copies.

(d) The Authority may refuse to accept any document or copy thereof which does not comply with any

provision of this regulation.

(e) The relevant power of attorney shall be submitted to the Authority in every case where—

(1) a partner has been authorised to act on behalf of a partnership; or

(2) an officer has been authorised to act on behalf of a company, close corporation, organisation or other

juristic person.

SUBPART B: MORTGAGES

35.020 DEED OF MORTGAGE

(a) A deed of mortgage referred in the Law Governing Civil Aviation shall—

(1) if it is intended to secure payment of a capital sum, be made on a form prescribed in RCATS

35.020.01; and

(2) if it is intended to secure payment of the amount that may be due under a current account, be made

on a form prescribed in RCATS 35.020.01.

(a) A deed of mortgage referred to in paragraph (a) shall be submitted in triplicate to the Authority.

(b) A deed of mortgage referred to in paragraph (a) is produced for recording upon the date and at the time it is

received by the Authority.

(c) For the purposes of these regulations the Authority shall return the original deed of mortgage to the

mortgagee and send a copy thereof to the mortgagor.


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35.025 DISCHARGE OF MORTGAGE

(a) A notification of the discharge of a mortgage shall be given on a form prescribed in RCATS 35.025.

(b) A notification of the discharge of a mortgage referred to in paragraph (a) shall be submitted in triplicate to

the Authority.

(c) The Authority shall return one copy of the original notification referred to in paragraph (a) to the mortgagee

and send another copy to the mortgagor.

35.030 TRANSFER OF MORTGAGE

(a) A transfer of a mortgage by deed of cession shall be made on a form 3 mortgage prescribed in RCATS

35.030.

(b) A deed of cession referred to in paragraph (a) shall be submitted in quadruplicate to the Authority.

(c) The Authority shall return the original deed of cession to the transferor and a copy thereof to the transferee

and the mortgagor, respectively.

35.035 DECLARATION OF TRANSMISSION OF RIGHTS IN MORTGAGE

(a) The declaration of transmission shall be—

(1) executed in the form prescribed in RCATS 35.035; and

(2) accompanied by—

(i) the original deed of mortgage; and

(ii) if the transmission takes place by virtue of a marriage, a certified true copy of the marriage

certificate or other legal evidence of the marriage, and

(iii) if the transmission takes place by virtue of an antenuptial contract, a notarially certified copy of

the antenuptial contract; or

(iv) if the transmission is consequent on death, a certificate signed by the Master having jurisdiction

in respect of the estate of the deceased person from whom the rights in a mortgage over an

aircraft has been transmitted, and the letter of administration of the executor or, if no Master

has such jurisdiction, any other proof of the transmission to the satisfaction of the Authority.

(b) A declaration of transmission referred to in paragraph (a) shall be submitted in triplicate to the Authority.

(c) The Authority shall return one copy of the original declaration referred to in paragraph (a) to the declarant

and send another copy to the mortgagor.

35.040 CERTIFICATE OF MORTGAGE

(a) An application for a certificate of mortgage shall be made on a form prescribed in RCATS 35.040.01.

(b) A certificate of mortgage shall contain the following particulars—

(1) The full name and address of the person who is to enter into the mortgage on behalf of the registered

owner;

(2) the maximum amount of the mortgage, if it is intended to fix any such maximum;

(3) the place where the relevant power of attorney is to be exercised or, if no place is specified, a

declaration that it may be exercised anywhere, subject to the provisions of these regulations; and

(4) the limit of time within which the relevant power of attorney may be exercised

(c) An application for a new certificate of mortgage shall be made on a form prescribed in RCATS 35.040.02.

35.045 REGISTER OF AIRCRAFT MORTGAGES

(a) The register of aircraft mortgages referred to in the Law Governing Civil Aviation shall contain the following

particulars—

(1) In respect of the recording of a deed of mortgage—


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(i) the full name of the mortgagor;

(ii) the identity or registration number of the mortgagor;

(iii) the full business of residential address of the mortgagor;

(iv) the postal address of the mortgagor;

(v) the full name of the mortgagee;

(vi) the identity or registration number of the mortgagee;

(vii) the full business or residential address of the mortgagee;

(viii) the date of the mortgage;

(ix) a description of the mortgaged aircraft, including its type,

(x) nationality and registration marks and aircraft serial number; and

(xi) the sum secured by the mortgage and where the sum secured is a

(xii) fluctuating amount, the upper and lower limits, if any;

(2) in the case of the recording of a discharge of an aircraft mortgage, the date on which the Authority

cancels the deed of mortgage;

(3) in the case of the recording of a deed of cession of aircraft mortgage—

(i) the full name of the transferee;

(ii) the identity or registration number of the transferee;

(iii) the full business or residential address of the transferee; and

(iv) the postal address of the transferee;

(4) in the case of the recording of a declaration of transmission of rights in aircraft mortgage—

(i) the full name of the declarant;

(ii) the identity number of the declarant;

(iii) the full business or residential address of the declarant;

(iv) the postal address of the declarant; and

(v) the date on which the interest has been transmitted; and

(5) e. in the case of the issuing of a certificate of mortgage—

(i) the full name of the person who is to enter into the mortgage on behalf of the registered owner;

(ii) the full business or residential address of the person referred to in subparagraph (i);

(iii) the full name of the registered owner;

(iv) the full business or residential address of the registered owner;

(v) a description of the aircraft to be mortgaged;

(vi) the maximum amount of the mortgage, if it is intended to fix any such maximum;

(vii) the country where the relevant power of attorney is to be exercised; and

(viii) the limit of time within which the power of attorney may be exercised.

(b) The particulars referred to in paragraph (a)(1) shall be recorded in the register within 7 days from the date

of receipt thereof by the Authority.

(c) The register shall be kept in a safe place at the office of the Authority.

35.050 FEES

The application for registration of interest in aircraft shall be accompanied by a fee prescribed by the Authority,

in line with the provisions of Civil Aviation (Fees and Charges) Regulations.

End of RCAR Part 35


1161


Page 35-6 of 6



1162






Order no04/CAB.M/018 of 24/07/2018





l'aviation civile


(sé)

GATETE Claver


Kigali, on 24/07/2018

(sé)

GATETE Claver


Kigali, le 24/07/2018

(sé)

GATETE Claver



Repubulika:

(sé)

BUSINGYE Johnston



Republic:

(sé)

BUSINGYE Johnston



(sé)



1163




No04/CAB.M/018 OF 24/07/2018


REGULATIONS


No04/CAB.M/018 DU 24/07/2018


L'AVIATION CIVILE


1164

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Civil Aviation Regulations

Part 36

Economic Regulations SUBPART A. GENERAL ............................................................................................................................................ 4

36.001 CITATION AND APPLICABILITY .................................................................................................................. 4 36.005 DEFINITIONS ................................................................................................................................................ 4 36.006 ACRONYMS AND ABBREVIATIONS ............................................................................................................ 6

SUBPART B. ECONOMIC REGULATION OF AERODROMES ................................................................................ 6 36.010 FUNCTIONS OF THE AUTHORITY .............................................................................................................. 6 36.015 SCHEDULE OF AERODROMES SUBJECT TO ECONOMIC REGULATION .............................................. 7 36.020 AERODROME IMPROVEMENT FEE ............................................................................................................ 7 36.025 REQUIREMENT TO LEVY CHARGES ......................................................................................................... 7 36.030 CONDITIONS AND LIMITATIONS ................................................................................................................ 9 36.035 MANDATORY CONDITIONS FOR SCHEDULED AERODROMES .............................................................. 9 36.040 INVESTIGATIONS BY AUTHORITY ........................................................................................................... 11 36.045 DISCRETIONARY CONDITIONS ................................................................................................................ 12 36.050 PROVISIONS SUPPLEMENTARY TO REGULATION 36.045 .................................................................... 13 36.055 ENFORCEMENT OF CONDITIONS OTHER THAN ACCOUNTS CONDITIONS ....................................... 13 36.060 VALIDITY AND EFFECT OF COMPLIANCE ORDER ................................................................................. 14 36.065 BREACH OF ACCOUNTS CONDITIONS AND PENALTIES ...................................................................... 15 36.070 SUPPLEMENTARY PROVISIONS CONCERNING CONDITIONS ............................................................. 15 36.075 SLOT MANAGEMENT ................................................................................................................................. 16

SUBPART C. CONSUMER/AIR CARRIER RIGHTS AND OBLIGATIONS ............................................................. 16 36.080 CONSUMERS RIGHTS AND OBLIGATIONS ............................................................................................. 16 36.085 AIR CARRIERS RIGHTS AND OBLIGATIONS ........................................................................................... 17 36.090 DENIED BOARDING ................................................................................................................................... 17 36.095 CANCELLATION OF FLIGHT...................................................................................................................... 18 36.100 DELAY OF FLIGHT ..................................................................................................................................... 20 36.105 NO –SHOW OF PASSENGER .................................................................................................................... 21 36.110 PERSONS WITH DISABILITY OR SPECIAL NEEDS ................................................................................. 21 36.115 BAGGAGE HANDLING ............................................................................................................................... 22 36.120 FURTHER COMPENSATION ..................................................................................................................... 22 36.125 RIGHT TO CARE ......................................................................................................................................... 22 36.130 RIGHT TO REDRESS ................................................................................................................................. 23


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36.135 EXCLUSION OF WAIVER ........................................................................................................................... 23 36.140 PASS-OFF BY AIR CARRIERS................................................................................................................... 23 36.145 CONSUMER COMPLAINT HANDLING PROCEDURES ............................................................................ 23 36.150 COMPLAINTS BY PERSONS WITH DISABILITY AND SPECIAL NEEDS ................................................. 24 36.155 COMPLAINTS HANDLING PROCEDURES OF THE AUTHORITY ............................................................ 24 36.160 JURISDICTION ............................................................................................................................................ 24 36.165 EXONERATION OF AIR CARRIER ............................................................................................................. 24 36.170 REPORTING ............................................................................................................................................... 25 36.175 TRANSITIONAL PROVISION ...................................................................................................................... 25

SUBPART D. AIR NAVIGATION SERVICES ........................................................................................................... 25 36.180 CONDITIONS FOR ESTABLISHING AIR NAVIGATION SERVICES CHARGE ......................................... 25 36.185 MANDATORY CONSULTATION BETWEEN ANSPS AND USERS IN THE ESTABLISHMENT OF AIR NAVIGATION SERVICES CHARGES ..................................................................................................................... 26 36.190 CHARGEABLE AIR NAVIGATION SERVICES ........................................................................................... 27 36.195 DETERMINING COSTS .............................................................................................................................. 27

SUBPART E. REGULATORY FEES ........................................................................................................................ 28 36.200 FEES TO BE CHARGED ............................................................................................................................. 28 36.205 EXPENSES FOR SERVICES OR INSPECTIONS OUTSIDE RWANDA .................................................... 28 36.210 FEES FOR LICENCE OR PERMIT TO OPERATE AIR SERVICES ........................................................... 28 36.215 OVERSIGHT CHARGES ............................................................................................................................. 28 36.220 FEES FOR EXEMPTION FROM ANY OF THE CIVIL AVIATION REGULATIONS .................................... 29 36.225 EXEMPTION FROM FEES AND CHARGES .............................................................................................. 29 36.230 NOTICE OF THE FEES AND CHARGES ................................................................................................... 29 36.235 PENALTIES ................................................................................................................................................. 29 36.240 PERSONS LIABLE FOR THE FEES AND CHARGES ................................................................................ 29 36.245 DEFAULT .................................................................................................................................................... 29 36.250 PURCHASE OF AERONAUTICAL INFORMATION PUBLICATIONS AND OTHER PUBLICATIONS ....... 29 36.255 RENT CHARGES ON AUTHORITY’S FACILITIES ..................................................................................... 30

SUBPART F. AIR SERVICE AGREEMENTS .......................................................................................................... 30 36.260 GUIDELINES FOR NEGOTIATING AIR SERVICE AGREEMENTS ........................................................... 30 36.265 REGISTRATION OF AGREEMENTS .......................................................................................................... 30 36.270 RIGHT TO TAKE ACTION FOLLOWING NON COMPLIANCE ................................................................... 30 36.275 SCHEDULED INTERNATIONAL AIR OPERATIONS ................................................................................. 31 36.280 COMPOSITION OF THE AIR SERVICE AGREEMENT DELEGATION OR NEGOTIATING TEAM ........... 31 36.285 FREEDOMS OF THE AIR IN RESPECT OF SCHEDULED INTERNATIONAL AIR SERVICES ................ 31

SUBPART G. PROVISIONS APPLICABLE TO ALL SUBPARTS ............................................................................ 32 36.290 MISCELLANEOUS PROVISIONS ............................................................................................................... 32


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36.295 OBLIGATION FOR CONFIDENTIALITY ..................................................................................................... 32 36.300 RIGHT TO APPEAL ..................................................................................................................................... 33 36.305 ADMINISTRATIVE FINES ........................................................................................................................... 33


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SUBPART A. GENERAL 36.001 Citation and applicability (a) This Part may be cited as Civil Aviation (Economic) Regulations. (b) The Authority may issue technical standards generally for giving effect to the provisions and purposes of

this regulation. (c) Technical Standards issued under sub regulation (b) shall be subject to affirmative resolution. (d) Any action, award, decision made or granted by the Authority before the commencement of these

Regulations shall remain valid.

36.005 Definitions (a) When the following terms are used in this Part for Economic regulation, they have the following meanings:

—

Aerodrome operator. means a person operating an aerodrome licensed or certificated under Part 26 -Civil Aviation (Aerodrome) Regulations; Air Carrier. - A person, organization or enterprise engaged in or offering to engage in an aircraft operation. For the purposes of this Part, the term also includes air operators operating under code sharing and wet-leasing arrangements, aerodrome operator and ground handling service provider; Air operator. - means an entity carrying or authorized to carry out specified commercial air transport operations; Air navigation services.- include air traffic management (ATM); communications, navigation and surveillance systems (CNS); meteorological services for air navigation (MET); search and rescue (SAR); and aeronautical information services (AIS); Air Service. - means any services performed by means of an aircraft for reward Air navigation services provider (ANSP). - Any entity providing ATM and/or other of the air navigation services Authority.- Means Rwanda Civil Aviation Authority Baggage. - means such articles, effects and other personal property of a consumer as are necessary or appropriate for wear, use, comfort or convenience in connection with the trip. Unless otherwise specified, it includes both checked and unchecked baggage of the Consumer; Cancellation of flight. - means the non-operation of a flight which was previously planned and on which at least one place was reserved; Cancellation by Air Carrier. - Except when its due to safety or Security reasons, means the non-operation of a flight which was previously planned on which one seat was reserved” Cancellation by Consumer. - voluntary decision by consumer not to accept the services offered by an air operator. Care to a passenger. - means support at no cost to a passenger or a service or services offered, at no cost to the consumer, by an air carrier such as but not limited to, meals and refreshments in reasonable relation to the waiting time, transport between the aerodrome and place of accommodation, hotel accommodation and such other assistance; Compensation. - means the monetary value offered to the consumer for damages resulting from violations of the air carrier or air operator. Complaint. - means a statement of dissatisfaction with an air carrier’s customer care services, safety and security operations of an air carrier made by a consumer; Consumer. - means any natural or corporate person, except members of the operating crew, carried or to be carried in an aircraft with the consent of the air operator.


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Consumer Protection Department. - means the competent department in RCAA, which supervises Consumer protection affairs in accordance with this Part, and the Civil Aviation Law. Delay of flight. - means the result of not being able to board a flight and take off or 15 minutes before or after ETD. Denied boarding. - means a refusal to carry a consumer on a flight, although they have presented themselves for boarding under the conditions laid down in regulation 36.090 of this Part except where there are reasonable grounds to deny them boarding. Domestic Aerodrome. - means a defined area on land or water intended to be used either partly or wholly in part for the arrival and departure of an aircraft within Rwanda. Disruption. - means a state during the execution of air operations where the deviation from the plan is sufficiently large to impose a substantial change in the provision of air carriage. Economic oversight. -The function by which the authority supervises commercial and operational practices of an airport, an ANSP or other service providers. ETD. - means the date and time contained in a ticket indicating when an aircraft is expected to depart from an aerodrome. Extraordinary Circumstances. - includes an unexpected event which could not have been avoided even if all reasonable measures had been taken, and provided the air carrier simultaneously proves:

1. The existence and the link between the extra-ordinary circumstances and the delay or cancellation, and

2. The fact that this delay or cancellation could not have been avoided although it took all reasonable measures.

Consequently, an extra-ordinary circumstance may include, on a case-by-case assessment, Acts of Sabotage or Terrorism, Acts of God or Nature, Political or Civil unrest, Latent manufacturing defects, Wars or acts of foreign enemies, strikes or lock-outs. Ground handling service provider. - means an entity providing services, either terminal or airside services, to an aircraft while on the ground; Infringement notice. - means a notice as prescribed under the Civil Aviation Law; Infringement notice offence. - means an offence committed under any of the regulations where a penalty or fine is stipulated; Minister. - means the Minister in charge of civil aviation No show of passenger. - means a passenger who fails to present themselves or presents themselves at a later date or time other than the check-in time indicated by the air carrier. Person with Disability. - means any person whose mobility is reduced due to a physical incapacity (sensory or locomotor), an intellectual deficiency, age, illness or any other cause of disability when using transport and whose situation needs special attention and the adaptation to the person’s needs of the services made available to all passengers; Person with Special Needs. -means person other than a person with disability that requires attention and the adaptation to the person’s needs of the services made available to all passengers; Providers. - Refers to entities providing and operating airports or air navigation services Reservation. - means legal contract whereby an airline undertakes, in exchange for a certain amount of money, to provide a seat to a specific passenger by plane on a specific flight from one specified aerodrome to another. Service animals. - means animals, normally being dogs or other animals for the purpose of accompanying persons with disabilities with the objective of providing them with physical or/and emotional support, being under the control of the person with disabilities and provided that their presence on board an aircraft:

1. does not endanger the safety of flight operations; 2. is not reasonably considered as a threat to other passengers; and


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3. does not cause health concerns related to hygiene.

Ticket. - means the document, issued by or on behalf of a carrier giving entitlement to transport, and includes the Conditions of Contract and notices and the flight and passenger coupons contained therein. Ticket arrangement. in these regulations means a plan under the air carrier’s conditions of carriage relating to passengers travelling free of charge or at reduced fares not available directly or indirectly to the public. Unfair trade practices. - consist of using various deceptive, fraudulent or unethical methods to obtain business and include misrepresentation, false advertising, tied selling and other acts that are declared unlawful by statute Unconscionable Act. - means an act that shows no regard for conscience and it affronts the sense of justice, decency of reasonableness Users. - This term refers to aircraft operators as users of airports and air navigation facilities and services. The term “end-users” refers to ultimate consumers in general (for example, passengers and shippers). 36.006 Acronyms and abbreviations ETD-the date and time contained in a ticket indicating when an aircraft is expected to depart from an aerodrome RCAA- Rwanda Civil Aviation Authority established under the Law establishing Rwanda Civil Aviation Authority and determining its mission, organisation and functioning RCATS- Rwanda Civil Aviation Technical Standards SDR- Special Drawing Rights

SUBPART B. ECONOMIC REGULATION OF AERODROMES 36.010 Functions of the Authority (a) The Authority shall perform its functions under this regulation in such a manner as it considers best

calculated to- 1) Further the reasonable interests of users of aerodromes within Rwanda and to provide economical and

reliable services to those users by establishing a system for the regulation of aerodromes that takes account of those interests;

2) Promote the efficient, economic and profitable operation of aerodromes; 3) Ensure compliance with such international obligations of Rwanda as may be notified to the Authority

by the minister; 4) Create an enabling environment for potential investors in aerodromes; 5) Encourage investment in new facilities at aerodromes in time to satisfy demands by users of the

aerodromes; 6) Impose such restrictions on the aerodrome operator as are consistent with the performance by the

authority of its functions; 7) Further such vital public interests as may be notified to the Authority by the minister from time to time;

and 8) Ensure that the aerodrome is operated in accordance with performance standards and service levels

consistent with Part 26 – Rwanda Civil Aviation (Aerodromes) Regulations. (b) In making a decision in the exercise of its functions under this regulation, the Authority shall observe

reasonable standards of procedural fairness, act in a timely fashion and observe the rules of natural justice, and, without prejudice to the generality of the foregoing, the Authority shall- 1) Consult with persons who are or are likely to be affected by the decision; 2) Give to such persons an opportunity to make submissions and to be heard by the Authority;


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3) Have regard to the evidence adduced at any such hearing and to the matters contained in any such submission;

4) Give reasons in writing for each decision; 5) Give notice of each decision in the prescribed manner.

36.015 Schedule of aerodromes subject to economic regulation (a) The Authority: -

1) shall, in so far as considered appropriate, publish a schedule indicating aerodromes subject to economic regulation under this Part.

2) may amend the schedule subject to affirmative resolution. 3) shall designate a person to operate an aerodrome or parts thereof as an approved aerodrome

operator for the purposes of this regulation.

36.020 Aerodrome improvement fee (a) Subject to approval by the Authority, an aerodrome operator may levy an aerodrome improvement fee to

be paid by each passenger using an aerodrome for the purpose of travel from Rwanda. (b) The aerodrome improvement fee may not be payable by such categories of passengers as may be

approved by the Authority. (c) the Authority may, upon application made by or on behalf of any person who has paid or is liable for payment

of the aerodrome improvement fee under this regulation, waive or cause the aerodrome operator to remit or refund such fee in whole or in part if, in the circumstances of the case the Authority deems it expedient to do so and any such waiver, remission or refund shall be subject to such special conditions as may be agreed between the aerodrome operator and the Authority.

(d) The Authority shall upon approval of an application by the aerodrome operator under sub regulation (a) publish the modalities for the payment and collection of the aerodrome improvement fee.

(e) Fees collected by way of aerodrome improvement fee shall be paid into a special fund which shall be established by the aerodrome operator for that purpose and be applied to purposes conducive to capital improvements at an aerodrome on such terms and conditions as are specified under regulation 36.001.

36.025 Requirement to levy charges (a) No aerodrome charges shall be levied at a scheduled Aerodrome unless-

1) they are levied by the approved aerodrome operator; and 2) the Authority has granted permission for and has approved the levying of such charges.

(b) An approved aerodrome operator shall apply to the Authority for permission to levy aerodrome charges. (c) An application under sub regulation (b) shall-

1) contain such particulars with respect to such matters as prescribed and published by the Authority. 2) be accompanied by the prescribed fee.

(d) Where an application is made under sub regulation (b), then as from the date of the application or the date when the aerodrome becomes a scheduled aerodrome under this Part, whichever is the later, there shall, by virtue of this sub regulation, be deemed for all purposes to be a permission in force under this regulation in respect of any existing aerodrome charges levied at that aerodrome until-

1) the Authority grants permission in relation to the application; or 2) the application is withdrawn or the Authority notifies the applicant in writing that the permission is

refused.


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(e) Any permission granted under this regulation in relation to an aerodrome shall come into force on the later of the following dates, namely-

1) the date on which it is granted; or 2) the date on which the aerodrome becomes a scheduled aerodrome under this regulation and such

permission shall remain in force until it is revoked pursuant to regulation 36.060, (f) Where the Authority grants permission to an approved aerodrome operator to levy any aerodrome charges,

that approved aerodrome operator shall, before levying such charges- 1) consult with such categories of persons as may be Prescribed; and 2) obtain the approval of the Authority for the levying of such charges.

(g) In determining whether to approve aerodrome charges the Authority shall take into account- 1) the objectives referred to in regulation 36.010; 2) the efficiency of the operations; 3) compliance with quality and performance standards; 4) performance by the operator in terms of commitments undertaken under the conditions by which

he was approved as an aerodrome operator; 5) whether the proposed charges would be reasonable in light of the services provided; 6) whether the proposed charges can be justified taking into account revenues from the operations of

the aerodrome from all sources including aeronautical and so much of the non-aeronautical revenues as the Authority deems appropriate.

(h) In the event that Local air quality (LAQ) emissions related charges are to be levied by aerodrome operators, the following principles shall apply:

1) LAQ emissions-related charges should be levied only at airports with a defined LAQ problem, either existing or projected, and should be designed to recover no more than the costs of measures applied to the mitigation or prevention of the damage caused by the aircraft.

2) The cost basis for charges should be established in a transparent manner, and the share directly attributable to aircraft should be properly assessed.

3) Consultations with stakeholders should take place before any such charges are imposed on users. 4) LAQ emissions-related charges should be designed to address the LAQ problem in a cost-effective

way. 5) LAQ emissions-related charges should be designed to recover the costs of addressing the LAQ

problem at airports from the users in a fair and equitable manner, should be non-discriminatory between users, and not be established at such levels as to be prohibitively high for the operation of certain aircraft.

6) It is recommended that in levying LAQ emissions-related charges special consideration be given to the need to reduce the potential impact on the developing world.

7) LAQ emissions-related charges could be associated with the landing charges, possibly by means of surcharges or rebates, or in the form of separate charges but should be subject to the proper identification of costs.

8) It is recommended that the aircraft emissions charges scheme be based on data that most accurately reflect the actual operations of aircraft. In the absence of such data, ICAO standardized landing/take off (LTO) cycle times-in-mode should be used (Annex 16 — Environmental Protection to the Convention on International Civil Aviation, Volume II — Aircraft Engine Emissions).

9) Any State imposing LAQ emissions-related charges on aircraft that are in international operation should annually report the existence of such charging schemes to ICAO. The charging authority should maintain records regarding the fees collected and the use of funds to be made available to all users.


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(i) A permission granted under this regulation shall remain in force notwithstanding any change in the approved aerodrome operator.

(j) When considering any application made under sub regulation (b), the Authority shall: 1) process the application in accordance with national and international standards; 2) process the application within 30 days of receipt of the application.

(k) The Authority may reject an application if requirements stated in this regulation are not complied with.

36.030 Conditions and limitations (a) Every approved aerodrome operator to whom permission is granted under this Part shall comply with such

conditions and limitations as are imposed by the Authority in relation to the grant of such permission. (b) The Authority shall impose such conditions and limitations as it considers necessary for the proper

performance of its functions under this regulation. (c) Pre-funding of projects through charges should not be used to fully recover costs in advance of

commissioning of new aerodrome facilities or infrastructure but may be accepted in specific circumstances, after having allowed for possible contributions from non-aeronautical revenues, where this can assist in financing long term, large-scale investment, provided that strict safeguards are in place, including the following:

1) Effective and transparent economic oversight of charges and the related provision of services, including performance management;

2) Comprehensive and transparent accounting, with assurances that resulting charges are, and will remain, earmarked for civil aviation services or projects;

3) Advance, transparent and substantive consultation by providers and, to the greatest extent possible, agreement with users regarding significant projects being pre-funded; and

4) Application for a limited period of time with users benefiting from lower charges and from smooth.

36.035 Mandatory conditions for scheduled aerodromes (a) Where an aerodrome becomes a scheduled aerodrome for the purposes of this Part, the Authority shall, at

the time when it grants permission under regulation 36.025(d), impose any conditions as to the accounts and aerodrome charges in relation to the aerodrome within the period of twelve months beginning with the date on which the aerodrome becomes a scheduled aerodrome.

(b) The conditions as to accounts referred to in sub regulation (a) are-

1. such conditions as the Authority considers appropriate to ensure that the approved aerodrome operator's accounts disclose- (i) any subsidy given (whether by the making of loans on non-commercial terms or otherwise) by any

person or authority to the approved aerodrome operator in connection with his business consisting of the carrying on of operational activities relating to the aerodrome and the identity of any such person or authority;

(ii) any subsidy so given to that business by the approved aerodrome operator out of funds attributable to any other activities carried on by him;

(iii) the approved aerodrome operator’s aggregate income and expenditure attributable to the levying by him of aerodrome charges at the aerodrome;

(iv) the approved aerodrome operator’s aggregate income and expenditure attributable to operational activities relating to the aerodrome (whether carried on by that aerodrome operator or any other person) being income and expenditure which are taken into account by him in fixing aerodrome charges; and


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(v) where the approved aerodrome operator has for the time being the management of two or more aerodromes, the aerodrome operator’s aggregate income and expenditure attributable to the business carried on by him at each of those aerodromes; and

2. Where the approved aerodrome operator’s accounts are not required to be delivered to the registrar of companies in accordance with the company’s law, such conditions as the Authority considers appropriate with respect to the publication of those accounts.

(c) The approved aerodrome operator shall deliver to the Authority copies of accounts delivered to the registrar of companies in accordance with the company law or published in accordance with sub regulation (b) (2).

(d) The conditions as to aerodrome charges referred to in sub regulation (a) are such conditions as the Authority considers appropriate for regulating the maximum amounts that may be levied by the approved aerodrome operator by way of aerodrome charges at the aerodrome during the period of five years beginning with such date as may be specified by the Authority when imposing the conditions, being not later than the end of the period of twelve months after the date on which the conditions are imposed.

(e) Subject to sub regulation (k), the Authority shall make such modifications in the conditions imposed pursuant to sub regulation (d) as it thinks appropriate for regulating during the succeeding period of five years, the maximum amounts that may be levied by the approved aerodrome operator by way of aerodrome charges at the aerodrome:

1. at the end of the period of five years specified in sub regulation (d); and 2. at the end of each succeeding period of five years.

(f) Notwithstanding the provisions of sub regulation (e), the period of review referred to therein may be modified to take into account any agreement between the approved aerodrome operator which has been approved by the Authority.

(g) Any reference in this part to the making of modifications in any such conditions includes a reference to the making of a modification the effect of which is merely to extend the application of a particular condition or conditions for a further period of five years.

(h) Without prejudice to the generality of sub regulations (d) and (e), conditions imposed or modified pursuant to those sub regulations may-

1. provide for- (i) an overall limit on the amount that may be levied by the approved aerodrome operator by way of

aerodrome charges at the aerodrome; (ii) limits to apply to particular categories of charges; or (iii) a combination of any such limits;

2. operate to restrict increases in any such charges or to require reductions in them, whether by reference to any formula or otherwise;

3. provide for different limits to apply in relation to different periods of time within the period of five years for which the conditions are in force.

(i) Notwithstanding the foregoing provisions of this regulation, if exceptional circumstances arise during a five-year period which may justify reconsideration of aerodrome charges, the approved aerodrome operator may submit an application to the authority which shall, after conducting an investigation under regulation 36.040, consider that application, taking into account the provisions under regulation 36.025(e) and (f).

(j) The Authority may, if it thinks fit and after consultation with the approved aerodrome operator concerned, determine, at any time during the period of five years for which conditions under sub regulation (d) are in force, that such period shall be extended by such period (not exceeding twelve months) as may be specified; and accordingly, any reference in this part to that period shall be construed as a reference to the period as extended pursuant to this sub regulation.


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(k) Where the Authority makes any such determination in the case of conditions providing for different limits to apply in relation to different periods of time, any limit applying to the last of those periods shall apply also in relation to the additional period referred to in sub regulation (j) unless the Authority and the approved aerodrome operator agree that some other limit shall apply instead.

(l) Before imposing any conditions pursuant to sub regulation (d) or making any modifications pursuant to sub regulation (e) in relation to an aerodrome, the Authority shall act in accordance with regulation 36.040 unless the minister otherwise directs.

36.040 Investigations by Authority (a) or the purposes of regulation 36.035 (l), the Authority shall investigate-

1) the question as to what are the maximum amounts that should be capable of being levied by the approved aerodrome operator by way of aerodrome charges at the aerodrome during such period of five years as the Authority may determine; and

2) the matters specified in sub regulation (b). (b) The matters referred to in sub regulation (a) (2) are-

1) whether the approved aerodrome operator has, at any time during the period determined by the authority, pursued a course of conduct which might be expected to operate against the public interest, in relation to- (i) any aerodrome charges levied by him at the aerodrome; (ii) any operational activities carried on by him and relating to the aerodrome; or (iii) the granting of a right by virtue of which any such operational activities may be carried on by

any other person; and 2) whether the effects averse to the public interest which that course of conduct has had or might be

expected to have, could be remedied or prevented by the imposition of any conditions in relation to the aerodrome or by the modification of any conditions already in force in relation to that aerodrome.

(c) In determining whether any particular matter has operated or might be expected to operate, against the public interest, in the case of a matter relating to the granting of a right by virtue of which any operational activities may be carried on by any person, the Authority shall have regard to the objective of furthering the reasonable interests of persons granted such rights.

(d) The Authority shall submit to the Minister a report of its findings in respect of an investigation under sub regulations (a) -(c) and shall give a copy thereof to the approved aerodrome operator concerned.

(e) In making a report in relation to an investigation the Authority- 1) shall include definite conclusions on the matters specified in sub regulation (a) together with an

account of the reasons for those conclusions as, in the Authority’s opinion, is expedient for facilitating proper understanding of those matters and of the conclusions;

2) where the Authority concludes- (i) that any course of conduct specified has operated or might be expected to operate, against the

public interest, it shall specify the adverse effects to the public interest which that course of conduct has had or might be expected to have; and

(ii) that any such adverse effects could be remedied or prevented by the imposition of any conditions in relation to the aerodrome in question or by the modification of any existing conditions, it shall specify the conditions that should be imposed or modified, as the case may be.

(f) The Authority shall, subject to sub regulation (d), publish the report in such manner as the Authority considers appropriate for bringing the report to the attention of persons likely to be affected thereby.


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(g) If it appears to the Minister that the publication of any matter in such a report would be against the public interest or the commercial interest of any person, he may, within twenty- one days after receiving a copy of the report, direct the Authority to exclude that matter from the report as published under sub regulation (f).

36.045 Discretionary conditions (a) Where, at the time of granting a permission under regulation 36.025 in respect of an aerodrome or at any

other time while such permission is in force, it appears to the Authority that the approved aerodrome operator is pursuing a course of conduct specified in sub regulation (b), the Authority may, if it thinks fit, impose in relation to the aerodrome such conditions as it considers appropriate for the purpose of remedying or preventing what it considers are the adverse effects of that course of conduct.

(b) The courses of conduct referred to in sub regulation (a) are- 1) the adoption by the approved aerodrome operator, in relation to any relevant activities carried on

by him at the aerodrome, of any trade practice or pricing policy which- (i) unreasonably discriminates against any class of users of the aerodrome or any particular user;

or (ii) unfairly exploits his bargaining position relative to users of the aerodrome generally;

2) the adoption by the approved aerodrome operator, in relation to the granting of rights by virtue of which relevant activities may be carried on at the aerodrome by any other person, of any practice which- (i) unreasonably discriminates against persons granted any class of such rights or any particular

grantee of such a right or unfairly exploits his bargaining position relative to the grantees of such rights generally; or

(ii) unreasonably discriminates against any class of persons applying for such rights or any particular applicant, or unreasonably limits the number of such rights that are granted in the case of any particular services or facilities, or which has resulted in the adoption by any other person of a practice that does any of those things;

3) the fixing by the approved aerodrome operator of any charges levied by him at the aerodrome in relation to any relevant activities carried on by him there at levels which- (i) are insufficient (after taking into account such other revenues (if any) as are relevant to the

fixing of such charges) to cover the costs of providing the services or facilities to which the charges relate or are, in the Authority’s opinion, artificially low; and

(ii) materially harm (or are intended to materially harm) the business carried on by an approved aerodrome operator at any other aerodrome.

(c) In sub regulation (b) (3) (i) the reference to the levels at which charges are fixed being artificially low is a reference to such levels being significantly lower than they would otherwise have been-

1) by reason of any subsidy as described in regulation 36.035 (b) (1) (i) and (ii); or 2) where the approved aerodrome operator is a company, by reason of any conduct by the company

which, in the Authority’s opinion, has resulted or is likely to result in a failure by the company- (i) to achieve a reasonable return on the capital employed by it in wing on operational activities

relating to the Aerodrome; or (ii) to distribute to members of the company a reasonable proportion of the profits available for

distribution; or (iii) to reach a level of borrowing which is appropriate having regard to its share capital.

(d) In determining for the purposes of sub regulation (c) (2) what is reasonable or appropriate, as the case may be, the Authority shall-

1) disregard the fact that the relevant conduct by the company was in conformity with any policy for the time being of a person having control of the company;


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2) have regard to any circumstances which, in its opinion, would affect any company carrying on the business of operating the aerodrome as a commercial undertaking.

(e) Before imposing any conditions under sub regulation (a), the Authority shall notify in writing the approved aerodrome operator concerned of the course of conduct specified in sub regulation (b) which it appears to the Authority that he is pursuing and of the conditions which the Authority intends to impose.

(f) For the purposes of this regulation the Authority shall investigate whether- 1) any course of conduct referred to in sub regulation (b) has operated or might be expected to operate

against the public interest; and 2) the adverse effects to the public interest which that course of conduct has had or might be expected

to have, could be remedied or prevented by the imposition of any conditions in relation to the aerodrome or by the modification of any existing conditions.

36.050 Provisions supplementary to regulation 36.045 (a) Nothing in regulation 36.045 (a) shall be construed as authorizing the Authority to impose a condition-

1) providing for any such overall limit as is mentioned in Regulation 36.035 (8) (a) (i) (limit on aerodrome charges); or

2) regulating the maximum amount that may be levied by an approved aerodrome operator by means of any particular category of charges levied by him at an aerodrome if the same category of charges is for the time being subject to any limit or limits imposed pursuant to regulation 36.035 (8) (a) (i) or (iii).

(b) The Authority shall take into account practices currently adopted at aerodromes outside Rwanda for the purposes of this sub regulation when determining whether-

1) an approved aerodrome operator is pursuing a course of conduct falling within regulation 36.045 (b) (1),

2) conditions should be imposed by it under regulation 36.045 (1) or in relation to the aerodrome in question.

(c) Where an aircraft operator makes representations to the Authority to the effect that the Authority’s powers under regulation 36.045 (a) appear to be exercisable in relation to an aerodrome on the ground that the approved aerodrome operator is pursuing a course of conduct within regulation 36.045 (b) (1), the Authority shall take appropriate enforcement action following the outcome of investigation carried out in accordance with Regulation 36.045(f).

36.055 Enforcement of conditions other than accounts conditions (a) Where-

1) a complaint is made to the Authority that an approved aerodrome operator is in contravention of any condition imposed by the Authority in relation to any aerodrome; and

2) such complaint is made- (i) by any person on whom any aerodrome charges have been levied by the approved aerodrome

operator at the aerodrome (whether or not actually paid by the person); or (ii) by any other approved aerodrome operator who claims that the business carried on by him at

another aerodrome in Rwanda has been or is being materially harmed by the alleged contravention, the Authority shall investigate that complaint, unless it considers it to be frivolous.

(b) Where any such complaint is made to the Authority by a person not falling within sub regulation (a) (2), the Authority may investigate the complaint if it thinks fit.


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(c) This regulation shall not apply to a condition to which regulation 36.065 applies (breach of accounts conditions).

(d) Where, upon an investigation the Authority is satisfied that an approved aerodrome operator has contravened the condition in question the Authority shall-

1) by order (hereinafter referred to as a compliance order) provide such measures as it considers appropriate for the purpose of securing compliance with that condition and for remedying any loss or damage or injury suffered by any person in consequence of the contravention; or

2) subject to sub regulation (e), modify the condition in such manner as it considers appropriate in the circumstances.

(e) A compliance order under sub regulation (d) (1)- 1) shall require the approved aerodrome operator concerned to do or to refrain from doing, such things

as are specified in the order; and 2) shall, as respects any such requirement, take effect upon service of a copy on the approved

aerodrome operator or at such later time as may be specified by the Authority; 3) may be revoked by the Authority at any time.

36.060 Validity and effect of compliance order (a) An approved aerodrome operator who is aggrieved by any compliance order applying to him may, within

thirty days of the service of a copy of the order on him, make an application to the Minister on the ground that the order is not within the powers of regulation 36.055.

(b) On any such application the Minister may quash the compliance order or any part thereof if the Minister is satisfied that the order is not within the powers conferred by regulation 36.055.

(c) No criminal proceedings shall, by virtue of the making of a compliance order, lie against any person on the ground that he has committed or aided, abetted, counselled or procured the commission of any contravention of the order.

(d) The obligation to comply with a compliance order is a duty owed to any person who may be affected by a contravention of it and accordingly-

1) any breach of the duty which causes that person to sustain loss or damage; and 2) any Law which, by inducing a breach of that duty or interfering with its performance, causes that

person to sustain loss or damage and that is done wholly or partly for the purpose of achieving that result, shall be actionable at the suit or instance of that person

(e) In any proceedings brought against any person pursuant to sub regulation (d) (1), it shall be a defense for him to prove that he took all reasonable steps and exercised all due diligence to avoid contravening the order.

(f) Without prejudice to any right which any person may have by virtue of sub regulation (d) (1) to bring civil proceedings in respect of any contravention of a compliance order, the Authority may enforce compliance with any such order by proceedings for an injunction or any other appropriate relief

(g) Where it appears to the Authority that an approved aerodrome operator has contravened a compliance order and is unlikely to comply with it in the immediate future, the Authority may, instead of proceeding under sub regulation (f), revoke the permission for the time being in force under this Part in respect of the aerodrome to which the contravention relates.

(h) Where any such permission is revoked pursuant to sub regulation (g), a permission shall not again be granted under this Part in respect of the aerodrome in question so long as that person remains the approved aerodrome operator unless the Authority is satisfied as mentioned in sub regulation (i).


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(i) Permission may be granted in respect of the aerodrome referred to in sub regulation (h) if it appears to the Authority that, if it were to impose any condition corresponding to the one the breach of which gave rise to the making of the compliance order, the approved aerodrome operator would comply with that condition.

36.065 Breach of accounts conditions and penalties (a) An approved aerodrome operator who fails to comply with any condition imposed pursuant to regulation

36.035 (b) (1) shall be guilty of an offence and liable to administrative fines as provided for in regulation 36.305.

(b) Where an approved aerodrome operator has failed to comply with a condition referred to in sub regulation (a), then, whether or not proceedings are brought under that sub regulation in respect of that contravention, the Authority may impose, in relation to the aerodrome to which the contravention relates, such conditions as it considers appropriate with respect to the publication of any matter to which the contravention relates.

(c) An approved aerodrome operator who fails to comply with any condition imposed pursuant to sub regulation (b) before the end of the period allowed for such compliance, shall be guilty of an offence and liable to administrative fines as provided for in regulation 36.305.

(d) In any proceedings for an offence under this regulation It shall be a defense for the person charged to show, in the case of an offence under -

1) sub regulation (a), that he took all reasonable steps for securing compliance with the relevant condition; or

2) sub regulation (c), that he took all reasonable steps for securing compliance with the relevant condition before the end of the period allowed for such compliance

36.070 Supplementary provisions concerning conditions (a) Any condition imposed by the Authority under this part otherwise than pursuant to regulation 36.035 (d),

shall remain in force for a particular period or without limit of time, as the Authority may determine, and, in imposing the condition, the Authority shall specify-

1) the period that it is to remain in force; or 2) that the duration thereof is unlimited.

(b) Where the Authority specifies a period under sub regulation (a) (1), it may, if it thinks fit, determine that the period shall be extended by such further period as may be specified in the determination.

(c) The Authority may at any time revoke or modify any conditions in force in relation to a scheduled aerodrome pursuant to regulation 36.035 (b).

(d) Where any conditions referred to in regulation 36.045 (a) are in force in relation to a scheduled aerodrome, the Authority may at any time revoke or modify those conditions.

(e) Before making any modification under sub regulation (d) for the more effective securing of the purpose for which the relevant conditions were imposed, the Authority shall in writing notify the approved aerodrome concerned of the course of conduct within regulation 36.050 (b) which it appears to the Authority he is pursuing and of the modifications which it proposes to make.

(f) The Authority shall, in the prescribed manner, notify the relevant approved aerodrome operator of any condition imposed, revoked or modified pursuant to this part or of any extension of the period of operation of any such condition.

(g) An approved aerodrome operator shall, on the request of any person and on payment by that person of such reasonable fee as the operator may determine, provide that person with a copy of the permission granted under this regulation in respect of the relevant scheduled aerodrome and of any conditions in force in relation to that aerodrome.


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36.075 Slot management (a) Before being designated as a coordinated aerodrome, the operator shall carry out a thorough capacity

analysis in the circumstances specified and in accordance with technical standards established by the Authority.

(b) The Authority may by written notice served on the operator of an aerodrome appoint any competent body to carry out a capacity analysis, if it appears to the Authority that the operator is not willing or able to do so.

(c) The operator of an aerodrome shall bear the costs of any appointment pursuant to sub regulation (b) or shall reimburse the cost of any appointment made pursuant to sub regulation (b).

(d) The operator of an aerodrome which is designated a coordinated aerodrome shall appoint a person as coordinator for that aerodrome.

(e) No person shall be appointed pursuant to sub regulation (d) unless that appointment has been approved by the Authority.

(f) No person shall be appointed pursuant to sub regulation (d) unless the operator is satisfied that person’s —

1) functions in his capacity as a coordinator are separate or shall be separated from the functions of any interested party; and

2) activities in his capacity as a coordinator are financed by means of a system that guarantees the coordinator’s independence.

(g) The Authority may by written notice served on the operator of an aerodrome and the coordinator for that aerodrome withdraw any approval given pursuant sub regulation (5) if the Authority is satisfied that any breach of sub regulation (f) has occurred in relation to that person.

(h) The Authority shall publish in its publication entitled “Rwanda Slot Management” notice of any determination by the Authority in accordance with RCATS that an aerodrome shall be (or shall cease to be) designated a coordinated aerodrome.

SUBPART C. CONSUMER/AIR CARRIER RIGHTS AND OBLIGATIONS 36.080 Consumers rights and obligations (a) A Consumer has the right to:

1) receive clear and complete information about rates, terms and conditions for available and proposed products and services;

2) buy and pay for the products and services they subscribe to that are on offer by the air carrier; 3) personal privacy and protection against unauthorized use of personal information; 4) to fair prompt redress in the event of a dispute in the provision of services; 5) protection from unfair trade practices, false and misleading advertising, and unconscionable Acts; 6) make a complaint under these Part and include complaints as per terms of the ticket;

(b) A Consumer: 1) shall not abuse air carrier services provided for by these regulations; 2) shall familiarize themselves with and honor their obligations under the terms and conditions

contained in a ticket provided by an air carrier; 3) shall make reasonable decisions in exercising their right of choice; 4) shall familiarize with and abide by any safety and security requirements pertaining to the use of

services provided by the air carrier; and 5) will notify the air carrier of any special needs during booking or reservation or at least 48 hours

before the scheduled time of departure whichever is earlier, which may include but not limited to:


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(i) nature and level of special assistance required while embarking, disembarking and during in-flight;

(ii) mobility equipment and disability aids that need to be carried by the airline either in cabin and/or aircraft hold;

(iii) Requirement of escort.

36.085 Air carriers rights and obligations (a) (1) An air carrier shall;

1) issue the passenger with a ticket and boarding pass that has clear information about the travel and/or a link to its conditions of carriage;

2) in case of disruption of services, keep the passengers updated and informed at the earliest time possible;

3) take reasonable and appropriate technical, organizational and any other measures to ensure the provision of the service as sold in accordance with the airline policies;

4) ensure all advertising and marketing information is complete, factual and accurate; 5) make available in accessible format, including on their website, the safety and carriage rules that

apply to the carriage of persons with disability as well as any restrictions on their carriage or on the mobility equipment due to the size of aircraft. This provision shall also apply to the air carrier’s agents.

6) keep confidential and safeguard the security of personal information received from the Consumer. 7) ensure that the consumers’ attention is drawn to their rights with regards to compensation and

assistance. 8) in case of insolvency or liquidation, require the administrators to ensure that any person or entity

holding tickets, is prioritized in any arrangement

36.090 Denied boarding (a) An air carrier may overbook its flights in contemplation of the possibility of some passengers not showing

up for that flight, provided that the air carrier shall ensure that as small a number of persons as possible holding confirmed reserved tickets on that flight are denied boarding involuntarily per air carrier Overbooking Policy;

(b) Rwandan air operators shall submit their Overbooking Policy and Procedures to the Authority for approval; (c) All Foreign air carriers operating in Rwanda shall submit to the Authority their overbooking Policy adopted

by the representative civil aviation authority in the country where its headquartered; (d) Air carriers shall display in a conspicuous manner the approved overbooking policy and inform the

Consumers thereof when conducting their travel procedures, either via phone call, the air carriers’ website, sales offices and counters, or when boarding at the aerodrome;

(e) In addition to any provision set out in these Regulations, a foreign air carrier shall inform the Authority of any significant difference in its overbooking policy, which provides lesser consumer rights than those provided by these Regulations;

(f) When an air carrier has to deny boarding to a consumer due to overbooking and in the event that alternative seats in a section for which a higher fare is charged than that specified on the tickets is available on that same flight, then the air carrier may upgrade the consumer to the higher fare section;

(g) When an air carrier has to deny boarding to a consumer due to overbooking, and in the event that alternative seats in a section for which a higher fare is charged than that specified on the ticket are not available on that same flight, then the air carrier must announce its requests for volunteers to relinquish their space in exchange for a compensation offer provided by the air carrier;


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(h) When an air carrier has to deny a consumer from boarding due to overbooking and insufficient number of volunteers coming forward, the air carrier will consider these consumers to have been involuntarily denied boarding and therefore the air carrier shall immediately provide the necessary care or compensation to the consumer involuntarily denied boarding in the following manner:

1) the air carrier must immediately provide sufficient clear information in writing to the Consumer of his/her rights upon being involuntarily denied boarding for overbooking and must provide the necessary Care and guidance in this regard;

2) in the event the seats in a section for which the lower fare is charged, on the same fight are available, the air carrier must inform the Consumer of the availability of such seats on a lower fare section, in accordance to these Regulations;

3) Subject to the above, the air carrier may grant the Consumer, the right to choose between downgrading, travelling on a different flight of the same Air, provided that the air carrier shall bear the difference in cost, if any per the air carriers policy;

4) if the Consumer decides to wait until the next flight of the air carrier, or if the soonest alternative flight requires waiting for longer than an hour and less than six hours in the aerodrome, then the air carrier must provide Care to the Consumer;

5) downgrading the class on the same flight due to overbooking shall not be considered denied boarding, however in such event the Consumer seated in a section for which a lower fare is charged shall be entitled to a refund equal to the difference between the fare prices paid by the Consumer and the replacement fare for the segment of flight during which the downgrade was applied;

6) in the event of denied boarding, a Consumer having a connecting flight from the point of arrival to other destinations, the air carrier must ensure that the Consumer reaches the destination point at the soonest time possible with the least time of delay whether via other air carriers or a higher class fare, provided the air carrier bears the difference in costs, if any. The consumer must provide evidence of the connection from the point of arrival;

(i) A consumer denied boarding involuntarily from an overbooked flight shall not be eligible for denied boarding compensation due to any of the following:

1) the consumer does not fully comply with the air carrier’s contract of carriage or tariff provisions regarding ticketing, reconfirmation, and check in at the aerodrome in a reasonable time before the flight to complete the travel procedures, as per the air carrier’s policy;

2) if the air carrier arranges comparable air transportation or an alternative means of transportation to the final destination of the consumer within 3 hours from the original arrival time;

(j) In relation to a consumer who volunteers, the air carrier shall disclose all material restrictions, including but not limited to administrative fees, advance purchase or capacity restrictions, and blackout dates applicable to the offer.

(k) The air carrier shall undertake to pay consumers the relevant compensation within 30 days from the date of confirmation of the consumer’s entitlement for compensation, or from the date of issuance of a decision by the Authority of the consumer’s entitlement for compensation.

(l) The consumer shall be compensated by the air carrier an equivalent of 20% of the ticket price for each day, after the payment becomes due per the air carriers’ overbooking policy, of delayed compensation;

(m) The provisions of this Subpart shall be applicable in accordance to the air carrier’s conditions of carriage on its ticket arrangements;

36.095 Cancellation of flight (a) Subject to safety and security, the air carrier shall undertake all necessary measures to reduce the number

of cancelled flights. (b) The air carrier must as early as reasonably possible advice the consumer of the cancellation of its flight.


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(c) Where the air carrier notifies the consumer of cancellation of a flight three (3) days in advance of the date of travel, the air carrier shall be exempted from the requirements of care and compensation, provided that the air carrier refunds the paid ticket value to the concerned consumer;

(d) Where the consumer is notified of cancellation of a flight less than three (3) days before the date of travel, the air carrier must offer to the concerned consumer the option of finding an alternative flight or refund of the paid ticket value for the whole flight or for the remaining part of the flight;

(e) In the event that concerned consumer chooses an alternative flight other than the cancelled flight, which resulted in extending the consumer’s stay at a hotel for an additional time until the time of the alternative flight, the air carrier shall bear the hotel expenses and meals for the additional stay up to the new travel date.

(f) In the event of cancellation of a flight for instantaneous circumstances while the consumer is at the aerodrome, and the air carrier provides the option of an alternative flight, then the consumer shall be treated as follows:

1) Where travel is to take place on a higher fare section with the same air carrier or with a different air carrier, then the air carrier shall bear the difference in cost if the cost of the ticket of the alternative flight is higher than the cost of the ticket of the same air carrier.

2) If travel was to take place on a lower fare section with the same air carrier or with a different air carrier, the air carrier shall compensate the consumer the ticket cost difference;

3) If the consumer declines the offers under this regulation and voluntarily decides to cancel his contract with the air carrier due to the cancellation of the flight, the air carrier shall refund the ticket price;

(g) The air carrier must prepare a declaration form titled “voluntary cancellation of contract by the consumer”, which must be signed by the consumer in order to be entitled to the refund of the ticket price;

(h) In the event of non-existence of the declaration form under this regulation, then the consumer’s statement shall be accepted as true;

(i) For domestic flights, the air carrier shall secure an alternative flight to the cancelled flight with the same air carrier or with a different carrier within a period that does not exceed eight (8) hours from the time of take-off of the cancelled flight, unless such is not possible due to security and safety reasons.

(j) If the departure aerodrome of a domestic flight is a domestic aerodrome, and the distance between the departure point and the arrival point or the nearest aerodrome that the consumer could depart from to the arrival point does not exceed 6 hours by road, then the air carrier may provide ground transportation means to ensure arrival of the consumer at his destination as soon as possible or refund the value of the ticket for that part of the consumer’s flight.

(k) In the case of sub regulations (i) and (j) above, if the delay between the cancelled flight and the alternative flight exceeds eight (8) hours, then the air carrier must, in addition to providing the care required, compensate the Consumer an amount equivalent to 10% of the ticket value for every hour of delay. Provided that the compensation shall be capped at the total value of the ticket, and such compensation shall not be considered an alternative to providing the care services.

(l) In the cases stated in sub regulation (i) and (j), the air carrier must refund the value of the whole flight or the remaining part of the flight to the consumer if the consumer voluntarily decided to cancel his travel;

(m) Any compensation under these regulations shall be paid in cash, by electronic bank transfer, bank orders or cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services;

(n) The burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier;

(o) In addition, an air carrier will facilitate communication by providing up to a maximum of 3 minutes for voice call or 3 hours on data or fax messages or emails;


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(p) An air carrier shall not be obliged to pay compensation in accordance with this regulation if it can prove that the cancellation was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

36.100 Delay of flight (a) Subject to security and safety, the air carrier shall undertake all efforts to reduce the number of delayed

flights and the period of delay; (b) Where the air carrier notifies the consumer of delay of the flight or change in the schedule time 3 days

before the date of travel, the air carrier shall be exempted from the requirements of care and compensation; (c) The air carrier will not be liable for damages occasioned by delay if it could prove that the air carrier and its

employees and agents took measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures;

(d) Subject to safety and security, the air carrier must undertake all efforts to provide the consumer with advance notice as early as possible of the delay of the flight, and the notification shall include the new estimated time for take-off;

(e) Where the air carrier does not announce the new estimated time for takeoff through the mode of announcement available at the aerodrome, then the air carrier must, in addition to providing the care required, compensate the consumers an amount equivalent to 20% of the ticket value for each hour of delay, provided that such compensation is capped at the total value of the ticket per passenger.

(f) Subject to provisions of sub regulations (e) and (l), where boarding of an aircraft is delayed, an air carrier shall provide the following care for consumers:

1) Refreshment for the first hour from the original time of departure. 2) A hot meal or an equivalent meal voucher if the expected delay period exceeds three (3) hours

from the time of the originally scheduled departure. 3) Hotel accommodation if the expected delay period exceeds 6 hours from the ETD. Provided also

that the duration of delay falls at any period of night time (g) Aerodrome operators must support the air carrier by providing the infrastructure and the necessary facilities

to provide the care services under these regulations. (h) Where an air carrier is unable to provide the care services stated in regulation 36.095 due to the

unavailability of the infrastructure in the aerodrome in which the delay took place, the consumer shall be compensated by the air carrier in accordance with regulation 36.100 above and the air carrier shall have the right to claim half the cost of the care and compensation value provided by the air carrier to the consumer from such third parties directly responsible for the act or omission.

(i) Where there is a delay of an international flight before the consumer arrives at the aerodrome facilities, the air carrier shall bear the cost of extending the consumer’s hotel accommodation until the new take off time, provided that the air carriers responsibility does not exceed 50 SDR units, provided the consumer provides evidence of his incurring such costs;

(j) The provisions of regulation 36.090 shall apply to the cases in which the air carrier needs to change the route of the flight during the flight;

(k) Where there is delay of a flight or expected delay thereof for a period that exceeds eight hours, the consumer may request that the air carrier considers the flight as cancelled in accordance with the provisions of a flight cancellation included in the regulations;

(l) Where further delay is incurred beyond the expected delay in arrival as announced by the air carrier, such that the total time delay exceeds eight (8) hours, the air carrier must in addition to the care required, compensate the consumer an amount equivalent to 10% of the Ticket value for every hour of delay. Provided that compensation shall be capped at the total value of the ticket and such compensation shall not be considered an alternative to providing the care services.


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(m) In addition, passengers shall be offered free of charge two telephone calls or fax messages, or e-mails; (n) The burden of proof concerning the questions as to whether and when the passenger has been informed

of the cancellation of the flight shall rest with the operating air carrier;

36.105 No –show of passenger (a) A Passenger who shows-up on a later date or time other than the scheduled date or time of departure on

his or her ticket may be considered for wait-listing on another flight subject to seat availability after meeting the airlines requirement(s).

36.110 Persons with disability or special needs (a) An air carrier is not permitted to deny boarding to a consumer with special needs, unless such denial is for

purposes of security and safety on board the aircraft or for maintenance of the health of the consumer; (b) No air carrier shall refuse to carry persons with special needs and their assistive aids/devices, escorts,

provided such persons or their representatives, at the time of booking for travel, inform the airlines of their requirements.

(c) The air carrier, aerodrome operator, and ground handling service provider must take into consideration and make advance arrangements to ensure that the needs of consumers with special needs, including without limitation;

1) Providing assistive aids, wheelchairs and clear guidance signs in the aerodrome before departure, during the flight or intermediate stops and on arrival as well as during boarding and embarking/disembarking;

2) Undertaking the necessary measures to ensure notification of consumers with special needs (particularly in the case of blindness or deafness) regarding times, cancellations, or delay of flights. The air carrier shall bear the liability for failure to provide sufficient notification;

3) Undertaking the necessary care required by the consumer during cancellation, delay, or rerouting of flights.

4) Equipping the sales counters and aerodrome facilities by the aerodrome operators to receive consumers with special needs.

(d) The air carrier shall ensure that a consumer with special needs, upon payment of a ticket, reaches the aircraft from the departure lounge, and at the end of the journey from the aircraft to the arrival lounge exit, without incurring any further expenditure;

(e) In the event that a consumer with special needs is denied boarding after his ticket has been issued, or in the event that the air carrier, aerodrome operator, or ground handling service providers fails to provide the necessary services to a consumer with special needs, such parties shall be required to submit their justification for their failure within five days from the date of the failure to provide the service, or from the date the Authority becomes aware of their failure to provide service or else such will be considered an acknowledgement that the relevant consumer is entitled to compensation in accordance with this Part.

(f) The air carrier shall formulate a detailed procedure for carriage of persons with special needs and publish the same on their website;

(g) The air carrier shall develop emergency evacuation procedures and training of their staff for handling persons with special needs and include the same in their safety manuals and operation manuals for approval by the Authority. The training program shall include detailed procedures of handling, evacuation and develop awareness towards persons with special needs;


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(h) Where an air carrier is in breach of this Regulation or fails to provide the services or necessary facilities after his or her ticket has been issued the consumer with special needs shall be compensated an equivalent of 150% of the value of the travel Ticket in addition to any entitlements provided for under these Regulations.

36.115 Baggage handling (a) An air carrier shall commit and undertake to provide the necessary care and diligence to ensure that a

consumer’s baggage is not delayed, lost or damaged; (b) The air carrier shall compensate the consumer up to a maximum of one (1000) thousand SDR Units for the

loss, damage, or delay of a consumer’s baggage; (c) If a consumer wishes to increase the level of compensation as a result of the baggage containing high

value items, the consumer must disclose to the air carrier the valuable items and the value thereof before boarding the aircraft, using baggage declaration forms prepared for such purposes by the air carrier;

(d) The air carrier shall provide to the Authority its lost, delayed or damaged baggage compensation policy within ninety (90) days from the date of commencement of this part, failure to which the air carrier shall compensate the consumer based on the maximum limit for each claim;

(e) The Authority will be entitled to decline or require amendment of an air carrier’s compensation policy to conform to this part;

(f) The air carrier shall commit to disclosing its compensation policy for delayed, lost and damaged baggage on its website as well as in a visible place in the sales offices and aerodromes;

(g) The air carrier shall: - 1) Compensate the consumer for damage of the baggage within ten (10) days from the date on which

the baggage is deemed damaged in accordance with the procedures of the air carrier; 2) Compensate the consumer for loss of the baggage within ten (10) days from the date on which the

air carrier admits the loss of the checked baggage or if the checked baggage has not arrived at the expiration of twenty-one (21) days after the date on which it ought to have arrived;

3) Be liable for damage caused by the delay in the carriage of baggage; (h) The air carrier is not liable under this regulation if it proves that the carrier or the carrier servants or agents

had taken all necessary measures to avoid the damage, loss or delay or it was not possible for the carrier or the carrier servants or agents to have taken those measures;

(i) If the air carrier and or any other service provider proves that the damage was caused or contributed to by the negligence of the passenger the air carrier may be wholly or partly exonerated from liability.

(j) The air carrier shall be entitled for the compensation from the Aerodrome operator or any other service provider in case the delay damage or loss of baggage originated from the aerodrome operator or any other service provider who caused the delay, damage or loss.

36.120 Further compensation (a) These Regulations shall apply without prejudice to a passenger's rights to further compensation under any

contractual, international or any other applicable law. The compensation granted under this Part may be deducted from such compensation.

36.125 Right to care (a) In applying this regulation, the air carrier, aerodrome operator, service provider shall pay particular attention

to the needs of persons with special needs and any persons accompanying them, as well as to the needs of unaccompanied minors.


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36.130 Right to redress (a) In cases where an air carrier pays compensation or meets the other obligations incumbent on it under these

Regulations, no provision of these Regulations may be interpreted as restricting its right to seek compensation from any person, including third parties, in accordance with the law applicable.

36.135 Exclusion of waiver (a) Air carrier, aerodrome operator or any other service providers’ obligations vis-à-vis consumers pursuant to

these regulations may not be limited or waived, notably by a derogation or restrictive clause in any contract of carriage.

(b) If, nevertheless, such a derogation or restrictive clause is applied in respect of a consumer, or if the consumer is not correctly informed of his or her rights and for that reason has accepted compensation which is inferior to that provided for in these regulations, the consumer shall still be entitled to take the necessary proceedings before the Authority or the competent courts or bodies in order to obtain additional compensation or pursue available remedies.

36.140 Pass-off by air carriers (a) All air carriers shall ensure that consumers have clear transparent access to all pertinent information

regarding the characteristics of the air transport products that are being sold prior to purchasing the ticket including the following:

1) the identity of the air carrier actually operating the flight and advise on any change occurring after the purchase of the Ticket as soon as possible;

2) general conditions applying to the operations and fares; 3) total price including the applicable air fare, taxes, charges, surcharges and fees;

36.145 Consumer complaint handling procedures (a) All complaints shall first be filed with the respective air carrier, aerodrome operator, service provider or its

representative in Rwanda. However, where the consumer is not clear on the place of lodging a complaint, the complaint will be filed with the Authority in the prescribed format for directions.

(b) An air carrier, aerodrome operator, service provider will be required to provide clear and concise information about its complaint handling procedures as required by the Authority.

(c) A consumer who wishes to lodge a complaint shall do so in writing and lodge it as follows: 1) If to the Authority at the earliest time possible but within one (1) years reckoned from the date of

arrival at the destination or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped;

2) If to the air carrier, at the earliest time possible and as prescribed in sub regulation (a); (d) An air carrier, aerodrome operator, service provider carrier shall acknowledge in writing the receipt of a

complaint filed by the consumer. (e) An air carrier, aerodrome operator, service provider will where possible, advise a consumer at the time of

making the complaint on the expected action, timing for investigation and resolution of the complaint. in the event that the air carrier considers the complaint as frivolous or vexatious, the consumer shall be informed accordingly in writing.

(f) An air carrier, aerodrome operator, service provider shall resolve all complaints made by its consumers within a reasonable time but not longer than 30 days from the date of receipt of the complaint.

(g) An air carrier, aerodrome operator, service provider will be required to put in place a process to provide Consumers with sufficient information and the means to inquire on the progress of complaints.


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(h) An air carrier, aerodrome operator, service provider shall inform the consumer in writing of the outcome of the investigation of their complaint, and the decision made by the air carrier.

(i) A consumer shall have the right to make an appeal to the Authority under these Regulations. (j) The air carrier, aerodrome operator, service provider complaint handling processes shall be at no cost. (k) An air carrier, aerodrome operator, service provider shall file, with the Authority, such information and

statistics on all complaints reported, including those resolved and those outstanding, on a quarterly basis in the manner prescribed by the Authority from time to time.

36.150 Complaints by persons with disability and special needs (a) An air carrier, aerodrome operator, service provider shall ensure that persons with disability and special

needs can easily access its complaint handling processes. (b) An air carrier, aerodrome operator, service provider shall provide reasonable assistance to persons with

disability and special needs who specifically requests for assistance when lodging complaints. (c) An air carrier, aerodrome operator, service provider shall take such measures as may be prescribed by the

Authority to ensure that the requirements and interests of persons with disability and special needs are fully addressed.

36.155 Complaints handling procedures of the Authority (a) A complainant may make a complaint as prescribed in the schedules hereto in writing with the Authority

against an air carrier in relation to the breach of consumer rights as provided in these regulations provided that the consumer must have notified the air carrier of such a breach and the complaint remains unresolved.

(b) Every complaint shall be accompanied by the relevant supporting documents such as: 1) a copy of the airline ticket; 2) A copy of the formal complaint to the air carrier stating breach of consumer rights; 3) A response from or correspondence with the air carrier (if any); 4) Any other relevant document(s).

(c) The Authority shall from time to time develop procedures to facilitate the prompt resolution of complaints. These procedures shall take into account the international nature of air transport and the best practices in complaint resolution.

(d) In the event that either of the interested parties are dissatisfied with the determination of the Authority, they may make an appeal as outlined in these Regulations.

36.160 Jurisdiction (a) An action for damages may be brought at the option of the consumer in Rwanda or the domicile of the air

carrier or its principal place of business or where it has a place of business through which the contract has been made or before the court at the place of destination.

36.165 Exoneration of air carrier (a) If the air carrier proves that the damage was caused or contributed to by the negligence or other wrongful

acts or omission of the person claiming compensation, or the person from whom he or she derives his or her rights the air carrier shall be wholly or partly exonerated from its liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage. This regulation applies to all liability provisions in this Part.


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36.170 Reporting (a) An air carrier, aerodrome operator, service provider shall undertake to submit monthly reports on delay,

cases of denied boarding, cancelled flights, and on a quarterly basis the complaints received from the consumers and the manner and result of its handling.

(b) Failure to submit the monthly and quarterly reports as required by the Authority shall be considered a declaration by the air carrier that it and its employees did not undertake the necessary measures to avoid the damage incurred by the consumers.

(c) Failure to submit the monthly and quarterly reports as required by the Authority shall be considered a declaration that the air carrier deserves the upper limit of the fines and penalties prescribed in the Law establishing regulations governing civil aviation.

(d) The Authority may lodge an investigation on its own motion into an air carriers’ consumer related conduct and activities in case of persistent failure by an air carrier to resolve complaints under this Part.

36.175 Transitional provision (a) Any action, complaint, investigation relating to consumer protection undertaken under any Authority prior to

the commencement of this regulation shall be taken over by the designated officers.

SUBPART D. AIR NAVIGATION SERVICES 36.180 Conditions for establishing Air Navigation Services charge a) Providers of Air Navigation Services may charge air carriers for the services provided subject to principles

and recommendations of particular relevance in the context of the cost basis for air navigation services charges, charging systems and the collection of charges are that:

1. the cost to be allocated is the full cost of providing the air navigation services, including appropriate

amounts for cost of capital and depreciation of assets, as well as the costs of maintenance, operation, management and administration.

2. the cost to be allocated is the full cost of providing the air navigation services, including appropriate amounts for cost of capital and depreciation of assets, as well as the costs of maintenance, operation, management and administration.

3. when charging systems are introduced or significantly revised, ANSP shall take into account the economic and financial impact on both the users and the provider State or States.

To avoid undue disruption to users, resulting increases in charges should be introduced on a gradual basis; however, it is recognized that in some circumstances a departure from this approach may be necessary.

4. charges shall be levied in such a way that: - i. no facility or service is charged for twice with respect to the same utilization. ii. In cases where certain facilities or services have a dual role (for example, approach and

aerodrome control as well as en-route air traffic control), their cost should be equitably allocated for charging purposes.

5. a balance between the respective interests of airports and ANSPs on one hand and of aircraft operators on the other, particularly in view of the importance of an air transport system to Rwanda and its influence in fostering economic, cultural and social interchanges between States.


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6. The administrative cost of collecting charges shall not exceed a reasonable proportion of the charges collected.

7. charges shall not be imposed in such a way as to discourage the use of facilities and service necessary for safety and efficiency or the introduction of new aids and techniques.

b) The Authority shall set ANS charging standards to; 1. minimize the risk of ANSPs engaging in anti-competitive practices or abusing any dominant position

they may have; 2. ensure non-discrimination and transparency in the application of charges; 3. ascertain that investments in capacity meet current and future demand in a cost-effective manner; and 4. protect the interests of passengers and other end-users. 5. ensure that the purpose, creation and criteria for differential charges are transparent.

c) Pre-funding of projects through charges should not be used to fully recover costs in advance of

commissioning of new air navigation facilities or infrastructure but may be accepted in specific circumstances, after having allowed for possible contributions from non-aeronautical revenues, where this can assist in financing long term, large-scale investment, provided that strict safeguards are in place, including the following: 1. Effective and transparent economic oversight of charges and the related provision of services, including

performance management; 2. Comprehensive and transparent accounting, with assurances that resulting charges are, and will

remain, earmarked for civil aviation services or projects; 3. Advance, transparent and substantive consultation by providers and, to the greatest extent possible,

agreement with users regarding significant projects being pre-funded; and 4. Application for a limited period of time with users benefiting from lower charges and from smooth.

36.185 Mandatory consultation between ANSPs and users in the establishment of air navigation services charges a) When a revision of existing charges or the imposition of new charges is contemplated by an ANSP or

another competent entity, ANSPs or another competent entity shall consult users in the establishment of air navigation services charges and development plans in order to ensure adequate disclosure of costs and transparency in the economic and financial underpinnings of rate and service proposals.

b) Consultation process starts with advance notice of proposals given to users, either directly or through their representative organizations, at least four months in advance, in accordance with these regulations;

c) Consultation documents shall make clear the nature of the proposals, the parties most likely to be affected, the specific questions on which feedback is requested, and the time schedule for response.

d) In any revision of charges or imposition of new charges, the users shall be provided with transparent and appropriate financial, operational and other relevant information to allow them to make informed comments.

e) All interested parties shall be given the opportunity to present their views on the proposals. f) The written submissions by users or their representative organizations and any feedback obtained through

associated consultative discussions shall be considered, as far as possible, before reaching a decision. g) Both ANSPs and users are to provide sufficient information to each other for meaningful consultations, while

market-sensitive data shall be protected properly. h) Decision documents shall provide appropriate rationale for the decision taken. i) where users’ views have not been accepted, justification for the decision is necessary.


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j) With respect to the revision of charges or imposition of new charges, it is required that reasonable advance notice of the final decision, of at least one month, be given to the users.

36.190 Chargeable air navigation services a) Separate air navigation services charges may be applied to cover different types of services including but

not limited to: 1. Approach and aerodrome control service, which may be levied either as a combined charge or levied

separately. 2. Centralized approach control service, which may apply a combined or separate charges. 3. Centralized approach/terminal area control service, which may apply a combined or separate charges. 4. Area control service for the domestic FIR(s), which may have a single charge covering all those air

navigation services properly attributable to en-route services. It may be considered appropriate, however, to have separate charges for individual FIRs.

5. Oceanic control service, where Rwanda has accepted the responsibility of providing air navigation services over the high seas under specific delegation by ICAO, separate route air navigation services charges for these services shall apply.

b) The Authority may accept, upon application by the ANSP, an alternative categorization of services for cost allocation purposes developed in line with ICAO standards.

36.195 Determining costs a) In determining costs, ANSP shall use generally recognized rules, standards or conventions accepted in

accounting and costing principles to permit the costs of service operations to be recorded and analyzed in accordance with their nature and origin.

b) In order to establish the full costs of air navigation services, ANSP include all the costs incurred such as the costs of those that may be provided, wholly or in part, by any other department or agency of the government or any other entity without any corresponding charge being made to the charging entity.

c) The costs for safety, security and economic oversight provided by the Authority or regional oversight organization, which are directly related to the provision of air navigation services, shall be included in the ANSP cost basis for charges, provided that such costs are imposed on the providers of services.

d) The Authority may take appropriate steps to ensure that the relevant cost data are made available to them for the costing task.

e) Computation of total air navigation services costs attributable to en-route operations; 1. may include costs of any facilities and services located physically at an airport but serving en-route

traffic, 2. ensure that such costs are not counted doubly as an airport cost as well and, hence, improperly

included in the cost base for charges levied for the use of facilities required for airport operations. f) The cost base for air navigation services charges shall;

1. consider the differences between costs recorded in an entity’s accounts and costs applied for determining the cost basis for charges as well as costs attributable to non-aeronautical utilization.

2. exclude the costs of any air navigation services provided exclusively for military or other State functions 3. determine and include the cost share allocable to civil aviation operation and exclude military functions

where civil or military facilities serve both civil and military functions. g) Once the costs of all the air navigation services provided have been established, the portions attributable

to en-route utilization and approach and aerodrome control utilization may be identified. h) Pursuant to the provisions of sub regulation (g),


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1. the principle of equity shall apply where more than one type of utilization is involved and the intent is to recover the costs of the air navigation services from users.

2. if different route charges are involved (different charges in different FIRs), the share of the en-route costs attributable to each of the FIRs concerned would need to be established.

3. The total approach and aerodrome control cost portion may need to be allocated to each airport served, particularly where the approach and/or aerodrome control services are being provided under contract with the airport(s) concerned.

i) Allocation of en-route costs may include following parameters: 1. Number of flights; 2. Distance flown; 3. Time in the System; and 4. Aircraft weight

SUBPART E. REGULATORY FEES 36.200 Fees to be charged (a) The fees to be charged in connection with the issue, validation, renewal, extension or variation of any

certificate, license, permit, authorization, or other aviation document, including the issue of a copy thereof, or the undergoing of any examination, test, inspection or investigation or the grant of any permission or approval, required by, or for the purpose of the Rwanda Civil Aviation Regulations, shall be payable as prescribed by the Authority.

36.205 Expenses for services or inspections outside Rwanda (a) An operator requesting services or inspection from the Authority at any place outside Rwanda shall bear

the expenses of the Authority in connection therewith, in addition to the payment of fees and charges stated in 36.200.

36.210 Fees for licence or permit to operate air services (a) In respect of the issue, renewal or variation of a licence or permit to operate air services into, or from, or

within Rwanda for the transportation of passengers, mail or cargo for hire and reward, fees shall be payable as prescribed by the Authority.

36.215 Oversight charges (a) The Authority shall, in consultation with concerned stakeholders, charge an oversight fee on every departing

passenger, both international and domestic, as shall be prescribed by the Authority, which charge shall be collected by the carrier at the point of sale of the relevant flight ticket or the aerodrome operator and remitted to the Authority.

(b) In the case of scheduled air services, the airline shall include the charge in the cost of the airline ticket, and in the case of chartered or private flights the aerodrome operator shall be responsible for the collection and payment of the full amount, which shall be the equivalent of the charge multiplied by the number of passengers on board, excluding the crew.

(c) The air carrier or aerodrome operator shall transfer the full amount due on a monthly basis into the Authority bank account in a manner approved by the Authority.


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36.220 Fees for exemption from any of the Civil Aviation Regulations (a) The application for exemption from any of the Civil Aviation Regulations shall be accompanied by a technical

evaluation fee prescribed by the Authority. 36.225 Exemption from fees and charges (a) In any case where it may consider it to be in the public interest to do so, the Authority may, on application

being made to it for that purpose, exempt any person from payment of any fee that would otherwise be payable in accordance with regulations 36.200 and 36.205.

36.230 Notice of the fees and charges (a) Fees payable under regulations 36.200, 36.205, 36.210, 36.215 and 36.220 shall be payable immediately

upon application or receipt of an invoice. (b) The Authority shall, within a reasonable time, send an invoice to a person liable for the fees and charges

payable under this Subpart. (c) The fees and charges payable in accordance with this Subpart shall be paid in Rwanda Francs or in any

other convertible currency at such place and time as may be approved by the Authority. 36.235 Penalties (a) Any fee or charge payable under Subpart shall be paid within 15 days from the date of the invoice issued

in respect thereof and failure to make such payment shall attract interest at the rate of 2 per cent per month from the due date of payment.

(b) The Authority may, without prejudice to any legal action that may be taken to recover any outstanding amount, suspend or revoke any certificate, licence, permit, authorization, or other document issued under the Rwanda Civil Aviation Regulations, for non-payment of any fee or charge due under this Subpart.

36.240 Persons liable for the fees and charges (a) The operator of an aircraft, aerodrome, aircraft maintenance organization, aviation training organization or

any other organization as determined by the Authority, shall primarily be responsible for the fees and charges payable in accordance with this Subpart.

(b) Chattel Mortgagor of an aircraft shall be responsible for the fees and charges payable in accordance with registration of interest in aircraft or components thereof.

36.245 Default (a) For purposes of this Part, a person shall be in default if an invoice or any part thereof issued in accordance

with this Subpart remains unpaid for a period of ninety (90) days from the date of issue. 36.250 Purchase of aeronautical information publications and other publications (a) The purchase of Rwanda Aeronautical Information Publication and other publications shall be in accordance

with the fees prescribed by the Authority.


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36.255 Rent charges on Authority’s facilities (a) The Authority shall draw up a scheme prescribing charges to be paid to the Authority in respect of rent for

its facilities.

SUBPART F. AIR SERVICE AGREEMENTS 36.260 Guidelines for negotiating Air Service Agreements (a) The principles and techniques in negotiating international air services agreements to ensure planning and

development of international air transport shall include but not limited to: - 1) Insure the safe and orderly growth of international civil aviation throughout the world; 2) Encourage the arts of aircraft design and operation for peaceful purposes; 3) Encourage the development of airways, aerodromes, and air navigation facilities for international

civil aviation; 4) Meet the needs of the peoples of the world for safe, regular, efficient and economical air transport; 5) Prevent economic waste caused by unreasonable competition; 6) Insure that the rights of contracting States are fully respected and that every contracting State has

a fair opportunity to operate international airlines; 7) Avoid discrimination between contracting States; 8) Promote safety of flight in international air navigation; 9) Alignment with an African Union initiative to create a single unified air transport market and the

liberalization of civil aviation in Africa. 10) Promote generally the development of all aspects of international civil aeronautics.

(b) Air Service Agreements shall consider the following key issues: - 1) balancing benefits in a liberalizing environment; 2) the shortcomings of air service agreement regulatory structure, such as lack of transparency and

inadequacy of dispute resolution mechanisms; 3) bilateral relations involving groups of States; 4) application of competition law to air transport.

36.265 Registration of Agreements (a) All aeronautical agreements, including Air Service Agreements, which are in existence on the coming into

force of the Convention on International Civil Aviation, and which are between Rwanda and any other State or between an airline of a contracting State and any other State or the airline of any other State, shall be forthwith registered with the ICAO Council.

36.270 Right to take action following non compliance (a) Rwanda reserves the right to withhold or revoke a certificate or permit to an air carrier of another State in

any case where it is not satisfied that substantial ownership and effective control are vested in nationals of a Contracting State, or in case of failure of such air carrier to comply with the laws of the State over which it operates, or to perform its obligations under Air Service Agreement.


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36.275 Scheduled international air operations (a) No scheduled international air service may be operated over or into the territory of Rwanda, except with the

special permission or other authorization of Rwanda, and in accordance with the terms of such permission or authorization.

(b) Rwanda shall have the right to refuse permission to the aircraft of other contracting States to take on in its territory passengers, mail and cargo carried for remuneration or hire and destined for another point within its territory, unless otherwise authorized under sub regulation (a).

(c) Rwanda undertakes not to enter into any arrangements which specifically grant any such privilege on an exclusive basis to any other State or an airline of any other State, and not to obtain any such exclusive privilege from any State.

36.280 Composition of the Air Service Agreement delegation or negotiating team (a) The delegation or negotiating team shall be composed: -

1) Rwanda Civil Aviation Authority, 2) Foreign affairs officials, where necessary, 3) Representatives of the national airline(s) and 4) Other interested parties including representatives of aerodrome and tourism agency may be

included on request. (b) The delegation shall be chaired by a designated Authority official. When the consultation takes place outside

the home territory, an embassy official is likely to be on the team. 36.285 Freedoms of the air in respect of scheduled international air services (a) Rwanda may grant to the other Contracting States the following Freedoms of the air in respect of scheduled

international air services: 1) First Freedom of the Air - the right or privilege, in respect of scheduled international air services,

granted by one State to another State or States to fly across its territory without landing (also known as a First Freedom Right).

2) Second Freedom of the Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State or States to land in its territory for non-traffic purposes (also known as a Second Freedom Right).

3) Third Freedom of the Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State to put down, in the territory of the first State, traffic coming from the home State of the carrier (also known as a Third Freedom Right).

4) Fourth Freedom of the Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State to take on, in the territory of the first State, traffic destined for the home State of the carrier (also known as a Fourth Freedom Right).

5) Fifth Freedom of the Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State to put down and to take on, in the territory of the first State, traffic coming from or destined to a third State (also known as a Fifth Freedom Right).

6) Sixth Freedom of the Air - the right or privilege, in respect of scheduled international air services, of transporting, via the home State of the carrier, traffic moving between two other States (also known as a Sixth Freedom Right). Characterized by ICAO as the so-called Sixth Freedom of the Air.

7) Seventh Freedom of the Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State, of transporting traffic between the territory of the granting State and any third State with no requirement to include on such operation any point in the territory


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of the recipient State, i.e the service need not connect to or be an extension of any service to/from the home State of the carrier.

8) Eighth Freedom of the Air - the right or privilege, in respect of scheduled international air services, of transporting cabotage traffic between two points in the territory of the granting State on a service which originates or terminates in the home country of the foreign carrier or (in connection with the so-called Seventh Freedom of the Air) outside the territory of the granting State (also known as an Eighth Freedom Right or "consecutive cabotage").

9) Ninth Freedom of the Air - the right or privilege of transporting cabotage traffic of the granting State on a service performed entirely within the territory of the granting State (also known as a Ninth Freedom Right or "stand alone" cabotage).

SUBPART G. PROVISIONS APPLICABLE TO ALL SUBPARTS 36.290 Miscellaneous Provisions (a) The Authority may, in writing, designate qualified persons, whether by name or by title of office, to be

authorized persons for the purposes of these Regulations and shall state the functions and limits of operations of the authorized persons.

(b) The Authority shall cause aerodrome operators and ANSPs to publish all their airport and air navigation services charges in an Aeronautical Information Publication (AIP).

36.295 Obligation for confidentiality (a) Every person having an official duty or being employed in the administration of this regulation shall-

1) regard and deal with as confidential all information relating to applicants and applications for permission under this regulation and the management and operation of approved aerodrome operators; and

2) upon assuming such duty or employment, make and subscribe a declaration to that effect to the appropriate legal authorities.

(b) Every person referred to in sub regulation (a) having possession of or control over any documents, information or records, who at any time communicates or attempts to communicate anything contained in such documents or records or any such information to any person-

1) other than the Authority, or any other person to whom he is authorized by the Authority to communicate it;

2) without the written consent of the applicant or the approved aerodrome operator or service provider; or

3) otherwise than pursuant to a court order or for the purposes of this regulation, shall be guilty of an offence and liable on summary conviction before a judge to a penalty as prescribed in the appropriate law establishing regulations governing civil aviation.

(c) Any person to whom information is communicated pursuant to sub regulation (b) shall regard and deal with such information as confidential.

(d) A person referred to in sub regulation (c) who at any time communicates or attempts to communicate any information referred to in that sub regulation to any person other than for the purposes of this regulations, shall be guilty of an offence and liable on summary conviction before a judge to a penalty as prescribed in the appropriate law establishing regulations governing civil aviation.


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(e) Subject to the provisions of this Part, an operator shall undertake to keep confidential all information received and relating to the customer including personal information.

36.300 Right to appeal (a) Where a party is not satisfied with an award by the Authority, such party may appeal to the Minister within

twenty one days of the award by the Authority. 36.305 Administrative fines Regulation Fines 36.020 (e) 120% of the principal amount. 36.025(a) 100% of the amount collected without approval 36.030 (a) FRW 1,000,000-00 Any provisions of 36.035 FRW 5,000,000-00 Any provisions of 36.045 FRW 5,000,000-00 Any provisions of 36.055 FRW 2,500,000-00 Any provisions of 36.065 FRW 5,000,000-00 Any provisions of 36.075 FRW 10,000,000-00 Any provisions of 36.080 FRW 500,000-00 Any provisions of 36.085 FRW 1,000,000-00 Any provisions of 36.090 5 % of the air fare charged to the passenger denied boarding Any provisions of 36.095 5 % of the air fare charged to the passenger denied boarding Any provisions of 36.100 5 % of the air fare charged to the passenger denied boarding Any provisions of 36.110 5% of the air fare charged to the passenger denied boarding Any provisions of 36.115 5 % of the validated claim 36.125 FRW 200,000 per aggrieved passenger Any provisions of 36.140 FRW 200,000-00 per aggrieved passenger Any provisions of 36.145 FRW 200,000-00 per aggrieved passenger Any provisions of 36.150 FRW 2,00,000-00 per aggrieved passenger Any provisions of 36.170 FRW 1,000,000-00 Any provisions of 36.245 120% of the defaulted amount.


1197






Order no04/CAB.M/018 of 24/07/2018





l'aviation civile


(sé)

GATETE Claver


Kigali, on 24/07/2018

(sé)

GATETE Claver


Kigali, le 24/07/2018

(sé)

GATETE Claver



Repubulika:

(sé)

BUSINGYE Johnston



Republic:

(sé)

BUSINGYE Johnston



(sé)



1198




No04/CAB.M/018 OF 24/07/2018


REGULATIONS


No04/CAB.M/018 DU 24/07/2018


L'AVIATION CIVILE


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Part 37

Licensing of Air Services

SUBPART A: GENERAL .......................................................................................................................... 3 37.001 APPLICABILITY..................................................................................................................................... 3 37.005 DEFINITIONS ........................................................................................................................................ 3 37.010 ABBREVIATIONS & ACRONYMS ......................................................................................................... 4

SUBPART B: LICENSING OF DOMESTIC AIR SERVICES .................................................................... 4 37.015 DOMESTIC AIR SERVICES TO BE LICENSED ................................................................................... 4 37.020 AIR SERVICE TO BE LICENSED ....................................................................................................... 5 37.025 APPLICATION FOR A LICENCE ........................................................................................................ 5 37.030 GRANT OF LICENCE .......................................................................................................................... 5 37.035 CONDITIONS ATTACHED TO LICENCE FOR DOMESTIC SCHEDULED AIR SERVICES ........... 5 37.040 CONDITIONS ATTACHED TO LICENCE FOR DOMESTIC AIR SERVICE ..................................... 6 37.045 MATTERS TO BE TAKEN INTO ACCOUNT ..................................................................................... 6 37.050 UNIVERSAL SERVICE OBLIGATIONS ................................................................................................ 7

SUBPART C: LICENSING OF INTERNATIONAL AIR SERVICE ............................................................. 7 37.055 INTERNATIONAL AIR SERVICES TO BE LICENSED ...................................................................... 7 37.060 LICENCE FOR INTERNATIONAL SCHEDULED AIR SERVICE ....................................................... 8 37.065 NON-SCHEDULED FLIGHT BY FOREIGN AIRCRAFT NOT POSSESSING NATIONALITY OF A CONTRACTING STATE .................................................................................................................................... 8 37.070 NON-SCHEDULED FLIGHT BY FOREIGN OPERATORS ................................................................ 9 37.075 MATTERS TO BE TAKEN INTO ACCOUNT ..................................................................................... 9 37.080 CONDITIONS ATTACHED TO LICENCES FOR INTERNATIONAL AIR SERVICE ...................... 10

SUBPART D: GENERAL PROVISIONS RELATING TO LICENCES ..................................................... 10 37.085 FINANCIAL FITNESS ......................................................................................................................... 10 37.090 DIRECTORS INTEGRITY ................................................................................................................... 11 37.095 NOTIFICATION OF OPERATIONAL & ORGANIZATIONAL CHANGES ............................................ 11 37.100 OWNED OR LEASED AIRCRAFT .................................................................................................... 11 37.105 AIRCRAFT LEASE APPROVAL ........................................................................................................ 12 37.110 VALID AOC A REQUIREMENT .......................................................................................................... 12 37.115 REASONS FOR DECISION .............................................................................................................. 12 37.120 CONDITIONS FOR ISSUE OF LICENCE ......................................................................................... 12 37.125 SIX MONTH LAPSE ........................................................................................................................... 12 37.130 INSOLVENCY .................................................................................................................................... 12 37.135 AMENDMENT, VARIATION, SUSPENSION OR REVOCATION OF LICENCE ............................. 13 37.140 ACTION TO VARY, SUSPEND OR REVOKE LICENCE .................................................................. 13 37.145 PROVISIONAL LICENCE ................................................................................................................... 13 37.150 GRANT & DURATION OF LICENCE .................................................................................................. 13 37.155 CONDITIONS, LIMITATIONS OR REFUSAL TO EXERCISE TRAFFIC RIGHTS .......................... 14 37.160 FORM OF LICENCE .......................................................................................................................... 14 37.165 TRANSFER OF LICENCE ................................................................................................................. 14 37.170 CONFIDENTIAL INFORMATION ....................................................................................................... 14 37.175 CARRIAGE OF MAIL ......................................................................................................................... 14


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37.180 RETURNS .......................................................................................................................................... 14 37.185 SURRENDER & CANCELLATION OF LICENCE.............................................................................. 15 37.190 RECORDS ......................................................................................................................................... 15 37.195 PASSENGER MANIFESTS ................................................................................................................. 15 37.200 INSURANCE ...................................................................................................................................... 15

SUBPART E: PROVISIONS FOR FRANCHISING IN AIR TRANSPORT .............................................. 16 37.205 FRANCHISEE TO BE LICENCED .................................................................................................... 16 37.210 FOREIGN FRANCHISEE .................................................................................................................... 16 37.215 CONDITION FOR FRANCHISING .................................................................................................... 16 37.220 APPLICATION FOR FRANCHISE LICENCE ................................................................................... 17 37.225 DISCLOSURE OF INFORMATION OF FRANCHISE ...................................................................... 17 37.230 STANDARDS FOR FRANCHISE ...................................................................................................... 17 37.235 RETROSPECTIVE APPLICATION ................................................................................................. 17 37.240 CONTENT OF FRANCHISE AGREEMENT ..................................................................................... 17 37.245 NO CABOTAGE IN FRANCHISE OPERATION ............................................................................... 17

SUBPART F: TARIFFS & COMPETITION ........................................................................................... 18 37.250 APPROVAL OF TARIFFS ................................................................................................................. 18 37.255 COMPATIBLE WITH UNIVERSAL SERVICE OBLIGATION ........................................................... 18 37.260 JURISDICTION OF AUTHORITY ...................................................................................................... 18

APPENDICES ......................................................................................................................................... 19 APPENDIX 1 TO 37.030: PARTICULARS TO BE FURNISHED IN CONNECTION WITH AN APPLICATION FOR A LICENCE ................................................................................................................... 19 APPENDIX 1 TO 37.085: INFORMATION FOR USE IN ASSOCIATION WITH FINANCIAL FITNESS OF AIR CARRIERS ............................................................................................................................................... 21 APPENDIX 1 TO 37.180: PARTICULARS TO BE GIVEN BY HOLDER OF LICENCES AND OPERATING AUTHORIZATIONS IN MONTHLY RETURNS (EXCEPT WHERE OTHERWISE SPECIFIED) ..................... 21 APPENDIX 1 TO 37.200: INSURANCE REQUIREMENTS FOR AIR CARRIERS & AIRCRAFT ............... 23 OPERATORS ................................................................................................................................................. 23 APPENDIX 2 TO 37.200: EXAMPLE DOCUMENTATION OF INSURANCE COVERING AIR CARRIER LIABILITY TO PASSENGERS, LUGGAGE, CARGO & THIRD PARTY LIABILITY ........................................ 24 APPENDIX 1 TO 37.225: INFORMATION TO BE DISCLOSED FOR FRANCHISES: DISCLOSURE DOCUMENT .................................................................................................................................................... 26


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SUBPART A: GENERAL


(a) This Part may be cited as the Civil Aviation (Licensing of Air Services) Regulations.

(b) This Part prescribes the requirements and manner for obtaining licensing for air services in the Republic of

Rwanda.

(c) The provisions of this Part shall apply to—

(1) Rwanda operators engaged in commercial air transport; and

(2) Foreign operators engaged in commercial air transport to and from Rwanda.

(d) Those requirements addressing persons certificated under any Part of these Regulations apply also to any

person who engages in an operation governed by any Part without the appropriate certificate, licence,

operations specification, or similar document required as part of the certification.

(e) These Regulations do not apply in respect of any of the following air services—

(1) aerial advertising services;

(2) aerial fire-fighting services;

(3) aerial survey services;

(4) aerial movie services;

(5) aerial photography services;

(6) aerial reconnaissance services;

(7) aerial sightseeing services;

(8) aerial traffic reporting services;

(9) aerial sport and game reporting services;

(10) aerial fish spotting services;

(11) aerial spreading services;

(12) agricultural air operations;

(13) aerial weather altering services;

(14) transportation services for the retrieval of human organs for human transplants;

(15) aircraft demonstration or exhibition services;

(16) rotorcraft external load operations;

(17) aerial banner towing services;

(18) glider towing services;

(19) hot air balloon services; and

(20) parachute jumping services.

(f) An operator of an air service referred to in paragraph (c) who carries on board an aircraft persons who are

not part of the air crew, but who are required for the conduct of the air service is exempt from having to

obtain a domestic licence or a non-scheduled international licence for the transportation of those persons.

37.005 DEFINITIONS


Air service. Any service performed by means of an aircraft for hire or reward and includes air transport

service, aerial work and flight training;

Designation. Authorization granted by the Aeronautical Authority to an airline, whose principal place of

business and place of registration is in Rwanda, to carry out international scheduled air service;

Domestic air service. An air service operated within the territory of the airspace of Rwanda, and includes

an air service which passes through the airspace over the territory of another State without providing


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an air service in the territory of that other State, and the route or journey of which started and ended

within the territory of Rwanda.

Franchise. The rights granted by a franchisor authorizing the franchisee to use various of the franchisors

corporate identity elements and marketing symbols including trademarks, service marks, trade

names, logotypes, flight designator code, livery, subject to standards and control intended to

maintain the quality desired by the franchisor;

Franchisee. The airline granted a franchise;

Franchise licence. Approval granted by Authority to an airline to operate franchise business;

Franchisor. The airline granting a franchise;

Inclusive tour. A tour which is sold as a package consisting of—

(i) such fixed accommodation and other land arrangements of services as may be appropriate for

such persons in Rwanda; and

(ii) the transport of persons by air to and from any destination in Rwanda.

International air service. An air service which passes through the airspace over the territory of Rwanda

and at least one other State; provided that an air service which passes through the airspace over the

territory of another State without providing an air service in the territory of that other State, and the

route or journey of which started and ended within the territory of Rwanda, shall not be an

international air service;

International non scheduled air transport service. An international air transport service other than an

international scheduled air transport service undertaken with a specific flight or a specific series of

flights.

International scheduled air transport service. International air transport service where flights are

undertaken—

(i) between the same two or more airports;

(ii) according to a published flights timetable;

(iii) with each flight being open to use by members of the public;

(iv) with regularity and frequency consisting of a systematic series of flights;

Note: The flights may have slight variation on the route and times while serving the ame two or more

airports.

Scheduled air service. One of a series of flights which are operated between the same two places and

which together amount to a systematic service operated in such a manner that the benefits thereof

are available to members of the public from time to time seeking to take advantage of them;

Seat. Any area in an aircraft designed to be occupied by a passenger, other than the area occupied by the

luggage of such passenger;

Short-term licence. A licence to be in force for a period not exceeding seven days.


(a) No abbreviations or acronyms are used in this Part.

SUBPART B: LICENSING OF DOMESTIC AIR SERVICES

37.015 DOMESTIC AIR SERVICES TO BE LICENSED

(a) No person shall use an aircraft within Rwanda for the provision of any air service except under and in

accordance with the terms of a licence granted by the Authority under these Regulations to that person.

(b) No air operator whose principal place of business and place of registration is in Rwanda shall use an

aircraft for the provision of an air service anywhere in the world except under and in accordance with the

terms of a licence granted by the Authority under these regulations.


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37.020 AIR SERVICE TO BE LICENSED

(a) An application for a licence shall be made to the Authority where an applicant—

(1) intends to commence any air service;

(2) intends to continue with any air service whose licence is due to expire;

(3) wishes to amend the type of air service or category of aircraft or base of operation specified on the

current licence;

(4) in the case of a partnership, wishes to amend the particulars of any member associated in the

partnership or amend its legal status;

(5) in the case of a company, wishes to amend the controlling shareholding of the company or amend its

legal status; or

(6) wishes to amend the particulars of the prescribed personnel appointed by the licencee to be

responsible and accountable for the safety and reliability of the air service.

37.025 APPLICATION FOR A LICENCE

(a) Every application for a licence shall be made to the Authority on a form to be obtained from it on demand

and shall contain the particulars contained in Appendix 1 to 37.025 and any other particulars prescribed by

the Authority.

(b) Every application for a licence shall be signed by the person applying for the licence and if made by a

corporate body or partnership firm shall be signed by a person authorized in that behalf by such body or by

a partner of the partnership firm.

(c) Every application for a licence, other than a licence to remain in force for a period not exceeding seven

days, shall be sent to the Authority so as to reach it on a date not less than ninety days, and for a licence to

remain in force for a period not exceeding seven days on a date not less than three days, before the date

on which it is desired that the licence shall take effect, but the Authority may accept and deal with any

application for a licence received by it after the specified date.

(d) Where an application is made to the Authority for a licence to remain in force for a period not exceeding

seven days, and the Authority is satisfied that it is in the public interest, that the application should be

determined with expedition, it may so determine the application and grant a licence accordingly.

37.030 GRANT OF LICENCE

(a) An application shall be granted and a licence issued or amended if the applicant satisfies the Authority

that—

(1) the air service will be operated in a safe and reliable manner;

(2) if he is a natural person, he is a citizen or resident of East African Community or if not a natural

person, is incorporated in the East African Community and 51% of the voting rights in respect of such

person is held by citizens and/or residents of the East African Community; and

(3) the aircraft which will be used in operating the air service shall be registered in any of the East Africa

Community Partner States.

(4) The Authority may, after considering an application, accept such other foreign registered aircraft

subject to the conditions deemed fit regarding the operations and maintenance of the aircraft

concerned.

37.035 CONDITIONS ATTACHED TO LICENCE FOR DOMESTIC SCHEDULED AIR SERVICES

(a) An undertaking whose principal place of business is within Rwanda shall establish a scheduled air service

within Rwanda if it is licensed and meets the following requirements—

(1) has reservation premises and facilities for ticket sales in each area to be served;

(2) have toilet facilities on board aircraft operating on a sector with duration of 90 minutes or more flight


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time;

(3) submits flight timetable for approval by the Authority and adheres to it;

(4) files regular traffic statistics including tariffs;

(5) has qualified for self-passenger handling or has engaged a qualified passenger handling entity at

each airport of operation;

(6) produces business plan for proposed routes;

(7) has acceptable staffing levels, organization structure and training programme; provided that—

(i) ownership of aircraft shall not be a condition for establishing a scheduled air service but aircraft

used by an air carrier shall be registered in Rwanda unless otherwise expressly authorized by

the Authority.

(ii) in case of a leased aircraft, the agreement must be for a minimum duration of six months.

37.040 CONDITIONS ATTACHED TO LICENCE FOR DOMESTIC AIR SERVICE

(a) The Authority may attach to a licence any condition which it considers desirable in the public interest, in the

interest of safety, or in order to prevent uneconomic competition, and may impose conditions—

(1) that the aircraft to be operated under the licence shall or shall not be used over specified routes or in

specified areas;

(2) that certain classes or descriptions of passengers or goods shall or shall not be carried;

(3) that passengers or goods shall be carried between specified places;

(4) that intermediate landings may or shall be made at specified places for the purpose of landing or

loading passengers or goods;

(5) that the schedule of air services from time to time approved by the Authority shall be observed;

(6) as to the number and type of aircraft to be used;

(7) limiting the loading of an aircraft over the whole or any portion of the route on which it is to be

operated;

(8) specifying any charges that may be made for the air service;

(9) as to the conditions and hours of employment of any person employed in connection with the air

service.

(b) It shall be a condition of every licence that the holder of the licence and any person having a financial

interest in the business of the holder of the licence shall refrain from stipulating that any other person shall

refuse booking facilities to any other holder of a licence or shall refuse booking facilities to any other holder

of a licence or shall grant such facilities to such other holder only on onerous terms.

(c) The Authority may where one air carrier licensed by it has started to operate a scheduled passenger air

service with aircraft of no more than 80 revenue seats on a new route between airports in Rwanda with a

capacity not exceeding 30,000 seats per year, refuse a scheduled air service by another air carrier for a

period of 2 years.

37.045 MATTERS TO BE TAKEN INTO ACCOUNT

(a) In exercising its discretion under Section 37.030, the Authority shall have regard to the co-ordination and

development of air services generally with the object of ensuring the most effective service to the public

while avoiding uneconomical overlapping, and generally to the interests of the public, including those of

persons requiring or likely to require facilities for air transport, as well as those of persons providing such

facilities and in particular the Authority shall have regard to the following matters—

(1) the existence of other air services in the area through which the proposed air service is to be

operated;

(2) the possibilities of air transport in that area;

(3) the degree of efficiency and regularity of the air services, if any, already provided in that area, whether

by the applicant or by other operators;

(4) the period for which such services have been operated by the applicant or by other operators;


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(5) the extent to which it is probable that the applicant will be able to provide a satisfactory service in

respect of continuity, regularity of operation, frequency, punctuality, reasonableness of charges and

general efficiency;

(6) the financial resources of the applicant;

(7) the type of aircraft proposed to be used on the service;

the competence of the applicant, having regard to his previous conduct and experience, his equipment,

organization, staffing, maintenance and other arrangements, to secure the safe operation of aircraft of the

types specified in the application on flights of the description and for the purposes so specified.

37.050 UNIVERSAL SERVICE OBLIGATIONS

(a) The Authority may, after consultation with the Minister with regard to incentives thereof and after having informed air carriers operating on a route, include in an air service licence a universal service obligation in respect of scheduled air services to an airport serving a peripheral region in Rwanda or on a thin route to any regional airport in Rwanda, any such route being considered vital for—

(1) the availability of services to all consumers including low income, rural and disadvantaged

passengers and shippers; and

(2) economic development of the region in which the airport is located,

to the extent necessary to ensure on that route the adequate provision of scheduled air services satisfying

fixed standards of continuity, regularity, capacity and pricing, which standards air carriers would not

assume if they were solely considering their commercial interest.

(b) The adequacy of scheduled air service shall be assessed by the Authority having regard to—

(1) the public interest;

(2) the possibility, in particular for the regions, of having recourse to other forms of transport and the

ability of such forms to meet the transport needs under consideration;

(3) the airfares and conditions which can be quoted to users; and

(4) the combined effect of all air carriers operating or intending to operate on the route.

(c) In instances where other forms of transport cannot ensure an adequate and uninterrupted service, the

Authority may include in the universal service obligation the requirement that any air carrier intending to

operate the route gives a guarantee that it will operate the route for certain period, to be specified, in

accordance with the other terms of the universal service obligation.

(d) If no air carrier has commenced or is about to commence scheduled air service on a route in accordance

with the universal service obligation which has been imposed on that route, then the Authority may limit

access to that route to only one air carrier for a period of up to three years, after which the situation shall be

reviewed.

(e) If the route is to be operated by a private undertaking or a person, the right to operate such services shall

be offered by public tender either singly or for a group of such routes to air carrier entitled to operate such

services.

(1) The capacity limitations shall not apply to air services covered by this Regulation.

SUBPART C: LICENSING OF INTERNATIONAL AIR SERVICE 37.055 INTERNATIONAL AIR SERVICES TO BE LICENSED

(a) No person shall use an aircraft for the provision of any international air service, to, from or in transit

through, Rwanda, except under and in accordance with the terms and conditions of a licence or

authorization granted and issued to the person.

(b) Notwithstanding the provisions of paragraph (a), no licence shall be required in respect of an international

scheduled air transport service operated by an airline of another State under and in accordance with—


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(1) any bilateral or multilateral agreement concluded between the Government of Rwanda and such other

State or States; and

(2) the requirements of Section 20.001 of the Civil Aviation (Foreign Operators) Regulations.

(c) International scheduled air transport service established under such bilateral or multilateral agreement or

arrangement shall remain valid only while the relevant agreement or arrangement remains in force and the

Authority may amend, suspend or revoke the operating authorization only in accordance with the terms and

conditions of that agreement or arrangement.

(d) An undertaking whose principal place of business is within Rwanda shall not establish a scheduled air

transport service between Rwanda and any State or territory except under and in accordance with the

terms and conditions of a licence granted and issued to the undertaking.

(e) An application for such a licence shall contain the particulars set out in paragraph (1) of Appendix 1 to

37.030 and any other particulars prescribed by the Authority.

(f) An undertaking whose principal place of business is within Rwanda shall not be designated in order to

establish a scheduled air transport service between Rwanda and any other State or territory except if—

(1) he is a natural person, he is a citizen or resident of Rwanda; or

(2) not a natural person, is incorporated in Rwanda and 51% of the voting rights in respect of such person

are held by citizens and/or residents of Rwanda;

provided that if an applicable bilateral or multilateral agreement provides otherwise, the bilateral or

multilateral agreement shall prevail.

37.060 LICENCE FOR INTERNATIONAL SCHEDULED AIR SERVICE

(a) A licence for international scheduled air service shall be granted subject to the provisions of these

Regulations, if the applicant satisfies the Authority that—

(1) it is able to meet the requirements of the Authority for an air operator’s certificate for the type of

service and category of aircraft;

(2) it has interlining and co-operative arrangements with other air carriers on the established route

network;

(3) it is a member of IATA (International Air Transport Airlines Association) and is connected to a

Computer Reservations System;

(4) it meets the requirements of any law relating to safety, security, public health, environmental

protection and business operations in general;

(5) it has duly been designated for the service by the Minister or by the entity designated by him.

37.065 NON-SCHEDULED FLIGHT BY FOREIGN AIRCRAFT NOT POSSESSING NATIONALITY OF A CONTRACTING STATE

(a) A foreign aircraft which does not possess the nationality of a Contracting State shall not fly in transit

nonstop across Rwanda or land in Rwanda for non traffic purposes in the course of a non-scheduled flight

except in accordance with the provisions of a licence or permission issued in accordance with—

(1) these Regulations;

(2) the requirements of Section 20.001 of the Civil Aviation (Foreign Operators) Regulations; and

(3) the requirements of Section 11.001 of the Civil Aviation (Aerial Work) Regulations.

(b) In granting a licence or permission under paragraph (a), the Authority may impose such conditions and

requirements as to the flight as it thinks fit, including such conditions and requirement as it considers

necessary to ensure compliance with the general principles contained in the Chicago Convention, and the

aircraft shall comply with such conditions and requirements


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37.070 NON-SCHEDULED FLIGHT BY FOREIGN OPERATORS

(a) Subject to the Civil Aviation (Aerial Work) Regulations, an aircraft which possesses the nationality of a

Contracting State may, subject to observance of the terms of the Chicago Convention and the provisions of

any written law, fly in transit non-stop across Rwanda or land in Rwanda for non-traffic aircraft possessing

nationality of a Contracting State purposes, in the course of a non-scheduled flight, without the necessity of

obtaining a licence but the Authority may refuse to grant any of the rights specified in this paragraph.

(b) Where an aircraft which possesses the nationality of a Contracting State makes a non-scheduled flight into

Rwanda it shall not take on or discharge passengers, cargo or mail in Rwanda (being passengers, cargo or

mail that has been, or is to be carried for reward) except in accordance with a licence or permission issued

under these Regulations and the Civil Aviation (Foreign Operators) Regulations.

(c) The Authority shall cause to be published in an aeronautical information publication or aeronautical

information circular or notice to airmen the procedure to be followed and the particulars to be supplied by

applicants and the applicable fee for a licence or permit referred to in this Regulation.

(d) In considering an application for a licence or permit referred to in paragraph (b) the Authority shall have

regard to—

(1) the public interest;

(2) the need to provide reasonable protection for the operators of scheduled air services between

Rwanda and other States so as to ensure the maintenance of regular air services for the carriage of

passengers, cargo and mail between Rwanda and other States; and

(3) any resolution or decision of the International Civil Aviation Organization approved by Rwanda or of

the International Air Transport Association that has been approved by the Authority and is relevant to

the matter.

(e) The Authority in granting a licence or permit referred to in paragraph (b) may attach such conditions thereto

as it sees fit.

(f) Notwithstanding anything contained in the provisions of this regulation, where it appears to the Authority

that an aircraft which possesses the nationality of a Contracting State is intended in the course of a non-

scheduled flight over Rwanda to proceed over regions which are without adequate air navigation facilities of

safety, direct that the aircraft shall follow an established air route that the flight shall be conducted in

accordance with such conditions as he may require and the aircraft shall comply with such direction.

37.075 MATTERS TO BE TAKEN INTO ACCOUNT

(a) An application shall be granted or a permit issued or a licence varied, subject to the provisions of these

regulations, if the applicant satisfies the Authority that—

(1) the international air service concerned will be operated in such a manner that it will in all material

respect, comply with the applicable international conventions which have been implemented in

Rwanda;

(2) the applicant is fit and able to operate the international air service and the Authority may require the

applicant to submit any of the prescribed documents in support hereof;

(3) the applicant is in possession of a valid foreign licence which pertains to the international air service

for which application is being made and which has been granted to the applicant by the appropriate

authority in any State or territory from which such international air service will be operated;

(4) benefits may arise from the provision of an air service over the same route by two or more air service

operators;

(5) the proposed air service will not contravene any provision of any air service agreement in force and

having a bearing on the application;


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37.080 CONDITIONS ATTACHED TO LICENCES FOR INTERNATIONAL AIR SERVICE

(a) An applicant who has been granted and issued with a licence or authorization or variation thereof to

operate international air service by the Authority shall—

(1) not take on any passengers, cargo or mail at any point in service Rwanda, for discharge at any other

point in Rwanda, except those passengers who, or cargo or mail which, he originally brought into

Rwanda on the same flight;

(2) furnish the Authority with any statistics which may be requested by the Authority, within 30 days after

the date of request;

(3) have sufficient and appropriate experience in the operation of the air service concerned;

(4) make the necessary arrangements so that the specific flights to be undertaken in the operation of the

air service can be accommodated at the terminal airport in Rwanda at the time of arrival and

departure;

(5) for inclusive tour charters, transport only passengers who are part of an inclusive tour, unless the

Authority specifically authorizes transport of other certain passengers;

(6) for non-scheduled air service for carrying passengers, cargo or mail or combination thereof between

Rwanda and another State or territory, not cause unreasonable economic overlapping with

established scheduled air service operated between Rwanda and the other State or territory.

(b) Any person who contravenes the provisions of paragraph (a) shall be guilty of an offence and shall be

liable, on conviction, for a first offence, to a fine not exceeding six hundred thousand (600,000) Francs and

for every subsequent offence, to a fine not exceeding one million two hundred (1,200,000) Francs.

SUBPART D: GENERAL PROVISIONS RELATING TO LICENCES 37.085 FINANCIAL FITNESS

(a) An applicant for an air service licence to be granted for the first time and whose principal place of business

and place of registration is within Rwanda must be able to demonstrate to the reasonable satisfaction of the

Authority that he—

(1) can meet at any time its actual and potential obligations, established under realistic assumptions, for a

period of 24 months from the start of operations; and

(2) can meet its fixed and operational costs incurred from operations according to its business plan and

established under realistic assumptions, for a period of three months from the start of operations

without relying on revenue generated by the operations.

(b) For the purpose of paragraph (a), each applicant shall submit a business plan for, at least, the first two

years of operation, which shall also detail the applicant’s financial links with any other commercial activities

in which the applicant is engaged either directly or through related undertakings;

(c) The applicant shall also provide all relevant information, in particular the data referred to in paragraph (a) of

the Appendix 1 to 37.085, and any other information prescribed by the Authority.

(d) In respect of air carriers of other States, the Authority shall accept as sufficient evidence, unless otherwise

proved to the contrary, the production of licences, certificates and documents issued by competent

authorities in the States of origin regarding the competence, technical and financial fitness of the air

carriers.

(e) An air carrier whose principal place of business and place of registration is within Rwanda shall provide to

the Authority every financial year without undue delay the audited accounts relating to the previous financial

year.

(f) Upon request by the Authority, an air carrier shall provide the information relevant for the purposes of

paragraph (d), and in particular the data referred to in Part C of the Appendix 1 to 37.085, and any other

information prescribed by the Authority.


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(g) Paragraphs (a), (b) and (c) shall not apply to air carriers exclusively engaged in operations with aircraft of

less than ten tones MTOW (maximum take-off weight) and/or less than twenty seats; such air carriers shall

at all times be able to demonstrate that their net capital is at least fifty million (50,000,000) Francs or to

provide when required by the Authority the information relevant for the purposes of paragraph (f).

(h) The Authority may apply the provisions of paragraphs (a),(b),(c),(d) and (f) to air carriers licensed by it that

operate scheduled air service or whose turnover exceeds twenty billion (20,000,000,000) Francs per year.

37.090 DIRECTORS INTEGRITY

(a) The Authority may require, for the purpose of issuing an air service licence, proof that the persons who will

continuously and effectively control the operations of the undertaking are of good repute or that they have

not been declared bankrupt;

(b) The Authority shall accept as sufficient evidence in respect of nationals of other States the production of

documents issued by competent authorities in the States of origin or the State from which the foreign national

comes showing that those requirements are met.

(1) Where the competent authorities of the State of origin or of the State from which the foreign national

comes do not issue the documents referred to in the paragraph (a), such documents shall be replaced

by a declaration on oath or, where there is no provision for declaration on oath, by a solemn

declaration – made by the person concerned before a competent judicial or administrative officer or,

where appropriate, a notary or qualified professional body of the State of origin or the State from

which the person comes;

(2) such authority or notary shall issue a certificate attesting the authenticity of the declaration on oath or

solemn declaration.

37.095 NOTIFICATION OF OPERATIONAL & ORGANIZATIONAL CHANGES

(a) An air carrier shall notify in advance the Authority plans for—

(1) operation of a new scheduled service or a non-scheduled service to a region not previously served;

(2) changes in the type or number of aircraft used or a substantial change in the scale of its activities; and

(3) any intended mergers or acquisitions or franchises.

(b) An air carrier shall notify the Authority within fourteen days of any change in the ownership of any single

shareholding which represents 10% or more of the total shareholding of the air carrier or of its parent or

ultimate holding company.

(c) The submission of a 12 month business plan two months in advance of the period to which it refers shall

constitute sufficient notice under this regulation for the purpose of changes to current operations and/or

circumstance which are included in that business plan.

(d) If the Authority deems the changes notified under paragraph (b) to have a significant bearing on the

finances of the air carrier, it shall require the submission of an application to revise the licence and upon

request by the Authority, an air carrier shall provide the information relevant for the purposes of this

regulation, and in particular the data referred to in paragraph (b) of the Appendix 1 to 37.085, and any other

information prescribed by the Authority.

37.100 OWNED OR LEASED AIRCRAFT

(a) Ownership of aircraft shall not be a condition for granting or maintaining a licence but the Authority shall

require, in relation to air carriers licensed by it that they have one or more aircraft at their disposal and

operational control, through ownership or appropriate form of lease agreement.

(b) Without prejudice to paragraph (a), aircraft used by an air carrier shall be registered in its national register.

(c) In the case of short-term aircraft lease agreements to meet temporary needs of the air carrier or otherwise

in exceptional circumstances, the Authority may grant waivers to the requirement of the paragraphs.


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37.105 AIRCRAFT LEASE APPROVAL

(a) For the purposes of ensuring safety and liability standards an air carrier using an aircraft from another

undertaking or providing it to another undertaking shall obtain prior approval for the operation from the

Authority;

(b) The conditions of the approval shall be part of the lease agreement between the parties.

(c) The Authority shall not approve agreements leasing aircraft with crew to an air carrier to which it has

granted an air service licence unless safety standards equivalent to those imposed under the requirement

for a valid air operator certificate are met.

37.110 VALID AOC A REQUIREMENT

(a) The validity at any time of an air service licence shall be dependent upon the possession of a valid air

operator certificate specifying the activities covered by the air service licence.

37.115 REASONS FOR DECISION

(a) In any case in which the Authority refuses to grant or amend a licence or grants or amends a licence which

differs from the licence or variation for which application has been made, or imposes conditions to which

the applicant objects, the Authority, shall, if required by the applicant so to do, state in writing the reasons

for its decision upon the payment of the applicable fee as may be notified from time to time; provided that

where the reasons for the decision relate to matters of national safety and security, the Authority shall not

be obliged to disclose the same.

37.120 CONDITIONS FOR ISSUE OF LICENCE

(a) A licence shall be issued on condition that—

(1) the licencee shall not commence or continue with an air service, unless he is in possession of a valid

air operator certificate issued by the Authority or competent authority of another State and acceptable

by the Authority;

(2) the licencee shall commence with the air service and the operation of that air service shall not be

interrupted for a period exceeding six conservative months;

(3) the licence shall lapse as soon as the estate of the licensee is sequestrated or wound up as the case

may be; and

(4) the licencee is insured as prescribed in relation to the type of air service and the category of aircraft

prescribed on the licence and in respect of 3rd party liability insurance.

(b) It shall be a condition of every licence that the requirements of any law relating to aviation for the time being

in force in Rwanda and of any air traffic control procedure for the time being in force in Rwanda shall be

complied with at all times during the currency of the licence in connection with all flights performed under

the licence.

(c) The right to embark and disembark air traffic within Rwanda shall be subject to national laws and rules

relating to safety, security, and protection of the environment, customs, immigration and public health.

37.125 SIX MONTH LAPSE

(a) When an air carrier has ceased operations for six consecutive months or has not started operations for six

consecutive months after the granting of a licence, the licencee shall resubmit its application for approval by

the Authority and operations may commence according to the directions given by the Authority.

37.130 INSOLVENCY

(a) An air carrier against which insolvency or similar proceedings are opened shall not be permitted by the

Authority to retain its licence if the Authority is convinced that there is no realistic prospect of a satisfactory

financial reconstruction within a reasonable time.


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37.135 AMENDMENT, VARIATION, SUSPENSION OR REVOCATION OF LICENCE

(a) The Authority may, during the currency of a licence, of its own motion or on the application of the holder of

the licence, vary or revoke any of the terms or conditions of the licence or add any new terms and

conditions which it may consider necessary.

(b) The Authority may, at any time and in any event whenever there are clear indications that problems exist

with an air carrier licensed by it and whose principal place of business and place of registration is within

Rwanda, assess its financial performance and may suspend or revoke the licence if the Authority is no

longer satisfied that the air carrier can meet its actual and potential obligations for a twelve month period.

(c) A licence may also be revoked or suspended by the Authority on the ground—

(1) that the licence holder has been convicted of an offence under Section 37.080 in respect of his

licence; or

(2) that any condition subject to which the licence was granted has not been observed.

(d) The Authority may amend a licence to correct errors of administrative nature during the currency of a

licence.

(e) The Authority shall not vary, revoke or suspend the licence or terms or conditions of the licence unless

satisfied that, having regard to the fact constituting the offence under these Regulations, or necessitating

the variation, or revocation of terms or conditions, or owing to the frequency of the failures on the part of the

holder to comply with conditions or to the failure having been willful, the licence should be varied, revoked

or suspended.

37.140 ACTION TO VARY, SUSPEND OR REVOKE LICENCE

(a) The Authority may—

(1) direct a licensee to comply with such conditions as it may specify within the period determined by the

Authority; or

(2) vary the licence concerned; or

(3) suspend the licence concerned for a period not exceeding two years; or

(4) cancel the licence concerned.

(b) In any case where a licence is revoked or suspended the Authority shall, if required by the holder of the

licence to do so, state in writing the reasons for its decision.

37.145 PROVISIONAL LICENCE

(a) The Authority may consider a request to grant and issue a temporary licence immediately after the receipt

of, and pending determination of an application for a licence, for a period that it may determine but for the

period not exceeding 90 days.

(b) There shall be paid in respect of the grant of a provisional licence the fee as shall be notified by the

Authority in respect of each type of air service for a category of aircraft.

37.150 GRANT & DURATION OF LICENCE

(a) The Authority may grant licences in accordance with the provisions of these Regulations and such licences

shall, subject to Section 37.135, continue in force for such period, not exceeding seven years from the date

on which any licence is expressed to take effect, as may be specified by the Authority, provided that if, on

the date of the expiration of a licence, an application has been made for the grant of a new licence in

substitution for the existing licence held by the applicant, such existing licence shall continue to be in force

until such application has been determined.

(b) A licence shall lapse as soon as the estate of the licencee is sequestrated or wound up as the case may be.


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37.155 CONDITIONS, LIMITATIONS OR REFUSAL TO EXERCISE TRAFFIC RIGHTS

(a) When physical constraints or environmental problems exist, the Authority may, subject to this Regulation,

impose conditions, limit or refuse the exercise of traffic rights in particular when other modes of transport

can provide satisfactory levels of service.

(b) Action taken by the Authority in accordance with paragraph (a) shall—

(1) be non discriminatory on grounds of identity of air carriers;

(2) have a limited period of validity, not exceeding three years, after which it shall be reviewed;

(3) not unduly affect the objectives of these Regulations;

(4) not distort competition between air carriers; and

(5) not be more restrictive than necessary in order to relieve the problems.

37.160 FORM OF LICENCE

(a) A licence and an operating authorization shall be in such form as the Authority considers suitable to meet

the requirements of any particular application approved by the Authority and, if the Authority considers it

convenient, it may grant to the operator of more than one service a licence or operating authorization in a

consolidated form.

(b) Where a licence is granted in a consolidated form, the provisions of these Regulations relating to the

payment of fees and to the imposition and variation of conditions shall apply in respect of each separate

service authorized under the licence as if the licence in its application to that service were a separate

licence.

37.165 TRANSFER OF LICENCE

(a) A licence shall not be capable of being transferred or assigned; but in the event of the death, incapacity,

bankruptcy, sequestration or liquidation of the holder of a licence, or of the appointment of a receiver or

manager or trustee in relation to the business of the holder, the person for the time being carrying on that

business shall, if within fourteen days application is made for a new licence, be entitled to perform the air

service authorized by the licence subject to the conditions and the obligations thereof until the application is

determined.

37.170 CONFIDENTIAL INFORMATION

(a) Nothing in these Regulations shall require a disclosure by the applicant for a licence to any person, other

than the Authority, of information as to his financial resources, and any such information received by the

Authority from an applicant shall be treated as confidential.

37.175 CARRIAGE OF MAIL

(a) The holder of a licence shall perform all such reasonable services as the Iposita Department of Rwanda

may from time to time require in regard to the conveyance of mails (and of any persons who may be in

charge thereof) upon air services operated under the licence.

(b) The remuneration for any services performed in pursuance of this regulation shall be such as may from

time to time be determined by agreement between the Iposita Department of Rwanda and the licence

holder.

37.180 RETURNS

(a) The holder of a licence or operating authorization shall make a monthly return in writing to the Authority

giving, in respect of the month to which the return relates, the particulars set out in the Appendix 1 to 37.180

with regard to all air services authorized by the licence or operating authorization, and any other particulars

that the Authority may prescribe.


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(b) The returns to be made in accordance with paragraph (a) shall be sent to the Authority not later than two

months after the expiration of the month to which the return relates.

37.185 SURRENDER & CANCELLATION OF LICENCE

(a) In the event of the holder of a licence ceasing to operate the air service authorized thereby he shall

forthwith notify the Authority and return the licence to it for cancellation; provided that where, owing to the

death, incapacity, bankruptcy, sequestration or liquidation of the holder of a licence or to the appointment of

a receiver or manager or trustee in relation to the business of the holder, he ceases to operate the air

service authorized by the licence, then if the business of the holder is being carried on by some other

person, that person shall forthwith notify the Authority and unless application has been made within

fourteen days for a new licence, shall return the licence to it for cancellation.

(b) A licence may at any time be surrendered by the holder to the Authority for cancellation.

(c) If a licence ceases to have effect, otherwise than by the effluxion of time, or is suspended or revoked, the

holder thereof shall send or deliver the licence to the Authority for retention during the time of suspension or

cancellation, and the Authority shall on the removal of a suspension return the licence to the holder.

37.190 RECORDS

(a) The Authority shall keep a record of all applications for licences showing whether the licence was granted

or refused, and an entry shall be made in such record whenever a licence is revoked or suspended or

expired and the record shall contain such particulars as will enable the application to be identified and shall

show—

(1) the date from which any licence is expressed to operate;

(2) the date on which it is expressed to expire;

(3) any condition attached to the licence under the provisions of these Regulations;

(4) in the case of a scheduled air service, the terminal places and the intermediate landing places to

which the application relates; and

(5) in the case of an air service other than a scheduled air service, a detailed description of the type of air

service and the area of operation.

(b) In this regulation the term licence includes operating authorization.

37.195 PASSENGER MANIFESTS

(a) The holder of a licence shall before each flight compile or cause to be compiled a passenger list in respect

of the flight and shall keep such list in a safe place for a period of at least 12 months as from the date on

which the flight to which it relates has taken place.

(b) A passenger list compiled in terms of paragraph (a) shall at least contain the name of each passenger.

(c) On the written request of the Authority, a licensee shall, subject to the provisions of paragraph (a), forthwith

furnish Authority with copies of any passenger lists compiled by the licensee for such period as may be

determined by the Authority.

37.200 INSURANCE

(a) No licensee shall operate a domestic air service or an international air service unless, for every accident or

incident related to the operation of that service, it has—

(1) liability insurance covering risks of injury to or death of passengers, damage to or loss of luggage and

cargo in an amount that is not less than the amount determined in Appendix 1 to 37.200; and

(2) insurance covering risks of third party liability in an amount that is not less than the amount

determined in Appendix 1 to 37.200.


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(b) The insurance coverage required by paragraph (a)(1) need not extend to any passenger who is an

employee of an air carrier if workers' compensation legislation governing a claim for damages against that

air carrier by the employee is applicable.

(c) No licensee shall take out liability insurance to comply with paragraph (a) that contains an exclusion or

waiver provision reducing insurance coverage for any accident or incident below the applicable minima

determined pursuant to that paragraph, unless that provision

(1) consists of standard exclusion clauses adopted by the international aviation insurance industry

dealing with—

(i) war, hijacking and other perils,

(ii) noise and pollution and other perils, or

(iii) aviation radioactive contamination;

(2) is in respect of chemical drift;

(3) is to the effect that the insurance does not apply to liability assumed by the air carrier under any

contract or agreement unless such liability would have attached to the air carrier even in the absence

of such contract or agreement; or

(4) is to the effect that the entire policy shall be void if the air carrier has concealed or misrepresented any

material fact or circumstance concerning the insurance or the subject thereof or if there has been any

fraud, attempted fraud or false statement by the air carrier touching any matter relating to the

insurance or the subject thereof, whether before or after a loss.

(d) An air carrier may have a comprehensive single limit liability coverage where liability risks are covered by a

single policy or a combination of primary and excess policies, but no single limit liability coverage of that air

carrier shall be for an amount that is less than the applicable combined insurance minima determined

pursuant to paragraphs (a)(1) and (2).

(e) Every applicant for a licence or for an amendment to or renewal of a licence, and every licensee, shall file

with the Authority, in respect of the service to be provided or being provided, as the case may be, a valid

certificate of insurance in the form set out in Appendix 2 to 37.200.

(f) A person referred to in paragraph (e) who files a certificate of insurance electronically shall, on the request

of the Authority, file forthwith a certified true copy of the certificate.

SUBPART E: PROVISIONS FOR FRANCHISING IN AIR TRANSPORT

37.205 FRANCHISEE TO BE LICENCED

(a) No airline registered in Rwanda shall operate as a franchisee or enter into a franchise agreement except

under and in accordance with the terms of a franchise license granted by the Authority in accordance with

these Regulations.

37.210 FOREIGN FRANCHISEE

(a) No foreign registered airline shall operate as a franchisee within Rwanda except under and in accordance

with the terms of a franchise licence granted by the Authority in accordance with these Regulations.

37.215 CONDITION FOR FRANCHISING

(a) It shall be a condition to the grant of a franchise licence that the prospective franchisee and the prospective

franchisor shall be a holder of, in the case of an airline registered in Rwanda, an air service licence and in

the case of a foreign registered airline, an operating authorization issued in accordance with these

Regulations.


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37.220 APPLICATION FOR FRANCHISE LICENCE

(a) Every application for a franchise licence shall be made to the Authority and shall contain the particulars of

Appendix 1 of 37.220 and those prescribed by the Authority.

(b) The Authority may grant franchise licences in accordance with these Regulations and impose such

conditions as the Authority may deem appropriate.

(c) In exercising its discretion, the Authority shall have regard to all relevant factors including—

(1) the need to ensure safety in air transport;

(2) the need to protect the interests and welfare of the public; and

(3) the prevention of unfair competition.

37.225 DISCLOSURE OF INFORMATION OF FRANCHISE

(a) The disclosure document shall be updated within (60) days of the end of the franchisors fiscal year.

(b) Where there has been a material change in the information required to be disclosed under the Appendix 1

to 37.225 the disclosure document shall be updated within (30) days of the occurrence of that material

change.

(c) If the disclosure document contains a misrepresentation of a material fact or if there is an omission of a

material fact required to be disclosed under the Appendix 1 to 37.225 the Authority without prejudice to any

other action may revoke or suspended the franchise license.

(d) The franchisee shall ensure that every marketing, promotional and/or advertisement of its business shall

contain a clear, unequivocal and prominent disclosure that the franchisee is the actual operator.

(e) The franchisee shall cause to be disclosed to the public at the time of booking, ticketing, check-in and in the

aircraft the identity of the actual operator of the flight.

37.230 STANDARDS FOR FRANCHISE

(a) Whenever the Conditions of Carriage for the franchisor contain more favorable terms to a passenger/

shipper than the Conditions of Carriage of the franchisee, then those favorable terms in the conditions of

carriage of the franchisor (including liability limitation) shall apply to operations by the franchisee.

37.235 RETROSPECTIVE APPLICATION

(a) Airlines that already operate a franchise prior to the publication of these Regulations shall within a period of

twelve months of the coming into effect of these Regulations apply to the Authority for grant of a franchise

licence in accordance with these Regulations.

37.240 CONTENT OF FRANCHISE AGREEMENT

(a) The franchise arrangement shall be subject to the existing competition policy, rules and legislation as may

be amended or modified from time to time provided that the Authority may approve the franchise if the

public interest benefits of the arrangement outweigh the possible loss of competition.

(b) All franchise agreements involving foreign franchisors and local franchisees shall have a provision therein

to the effect that the terms of such agreements shall be governed by the laws of Rwanda.

37.245 NO CABOTAGE IN FRANCHISE OPERATION

(a) The approval of a franchise operation involving a foreign franchisor and local franchisee shall not imply in

any way that the franchisor is licensed to operate domestic services between any such two points within

Rwanda.


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SUBPART F: TARIFFS & COMPETITION

37.250 APPROVAL OF TARIFFS

(a) Except if exempted by any bilateral or multilateral air services agreement to which Rwanda is a party or by

a permission of the Minister granted under the Civil Aviation (Commercial Air Transport Operations by

Foreign Air Operator in and out of Rwanda) Regulations, undertakings entrusted with the provision of air

service shall submit their tariffs for approval at least thirty working days prior to the proposed date of

application.

(b) The Authority shall consider the proposed tariff and may, if it thinks fit, approve or disapprove it; in case no

disapproval is issued, after expiry of thirty working days after submission of proposal, approval shall be

presumed.

(c) A decrease in tariff shall be applied without need for approval, except if otherwise prescribed in any bilateral

or multilateral air services agreement to which Rwanda is a party.

(d) In considering request for approval of tariff, the Authority shall prevent application of tariffs that may be

discriminatory, excessively high or low due to abuse of dominant position or due to direct or indirect State

subsidy.

(e) For the purposes of this regulation, "tariff" means a condition as to any of the following matters—

(1) the price to be charged for the carriage of passengers, baggage or cargo on flights;

(2) any additional goods, services or other benefits to be provided in connection with such carriage;

(3) the prices, if any, to be charged for any such additional goods, services or benefits; and

(4) the commission, or rates of commission, to be paid in relation to the carriage of passengers, baggage

or cargo;

and includes any condition as to the applicability of any such price, the provision of any such goods,

services or benefits or the payment of any such commission or of commission at any such rate.

37.255 COMPATIBLE WITH UNIVERSAL SERVICE OBLIGATION

(a) Undertakings entrusted with the operation of services of general economic interest or having the character

of revenue producing monopoly shall be subject to the provisions for fair competition in so far as the

application of such provisions do not obstruct the performance, in law and in fact, for the particular tasks

assigned to them and the development of air services trade must not be affected to such an extent as

would be contrary to the public interest.

37.260 JURISDICTION OF AUTHORITY

(a) The Authority shall have jurisdiction to review agreements, decisions or practices that may affect

competition in air service and may examine books, other business records, take copies from extracts, ask

for oral explanations and enter any premises, land and aircraft used by concerned parties.



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APPENDICES

APPENDIX 1 TO 37.030: PARTICULARS TO BE FURNISHED IN CONNECTION WITH AN APPLICATION FOR A LICENCE

1. SCHEDULED AIR SERVICES

(1) Name and address of applicant, nationality of applicant,

(2) Names of places between which the air service is to be operated

(3) Names of the regular stage stopping places for the purpose of taking on or setting down passengers,

or goods

(4) Times and frequencies of air service

(5) Number and type or types of aircraft to be used.

(6) Type of load to be carried.

(7) Maximum and minimum fares to be charged to passengers or for goods in respect of the total journey

or any portion of the journey for which separate charges are made.

(8) Date of commencement of air service

(9) Period for which licence is required.

(10) If air service is already in operation—

(i) period for which the air service has been operated;

(ii) details as per monthly return for a period of operation or last 12 months, whichever be the less.

(11) List of other air services operated by the applicant at the time of application, past and present.

(12) Particulars of any working arrangement with any other company operating an air service.

(13) Particulars or any financial interest which the applicant has in any other undertaking providing

passenger transport facilities or controlling the business of any person who provides such facilities.

(14) The nature of the person making the application, whether an individual, partnership firm or corporate

body, public or private, with or without limited liability, and if a company, public or private—

(i) the nominal and issued capital;

(ii) the names and nationality of the directors;

(iii) the names and state of incorporations of any other companies holding shares in the applicant’s

business;

(iv) the names and state of incorporation of any subsidiary companies of the applicant.

2. CHARTER & AERIAL WORK, OTHER THAN SCHEDULED AIR SERVICES & INSTRUCTION

(1) Name and address of applicant;

(2) Numbers and types of aircraft and engines to be used.

(3) Types of work to be carried out and the areas in which it is proposed to operate each type of service.

(4) Maximum charges to be made for such type of work.

(5) Date of commencement of air service.

(6) Period for which licence is required


(i) The period for which the air service has been operated;

(A) Details as per monthly return for period of operation or last 12 months whichever be the

less.

(B) List of other air services operated by applicant at the time of application, past and present.

(ii) Particulars of working arrangements with other air service companies.


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(iii) Particulars or any financial interest which the applicant has in any other undertaking providing

passenger transport facilities or controlling the business or any person who provides such

facilities.

(iv) The nature of the person making the applicant, whether individual, partnership firm or corporate


(A) the nominal and issued capital;

(B) the names and nationality of the directors;

(C) the names and state of incorporation of any other companies holding shares in the

applicant’s business;

(D) the names and state of incorporation of any other subsidiary companies of the applicant.

(v) Such particulars of the accounts of the applicant’s business during the last 12 months as the

Authority shall require.

3. INSTRUCTIONAL

(1) The names and address of applicant;

(2) The numbers and types of aircraft and engines to be used;

(3) The types of instruction to be carried out and place where it is proposed to operate;

(4) Maximum charges to be made for each type of instruction;

(5) Date of commencement of air service;

(6) Period for which licence is required;


(i) Period for which the air service has been operated;

(ii) Details as per monthly return for period of operation or last 12 months, whichever be the less.

(iii) List of other air services operated by the applicant at the time of application, past and present.

(8) Particulars of working arrangements with other air service companies.

(9) Particulars of any financial interest which the applicant has in any other undertaking providing

instructional facilities or controlling the business of any person who provides such facilities.

(10) The nature of the person making the application, whether an individual, partnership firm or corporate


(i) the nominal and issued capital;

(ii) the names and nationality of the directors;

(iii) the names and state of incorporation of any other companies holding shares in the applicant’s

business;

(iv) the names and state of incorporation of any subsidiary companies of the applicant.

(11) (l) Such particulars of the accounts for the applicant’s business during the last 12 months as the

Authority shall require.

4. DOCUMENTS TO BE SUBMITTED WITH APPLICATION

(1) A plan setting out in detail the manner in which the applicant will ensure that a safe and reliable air

service is operated.

(2) A certified true copy of the existing foreign licence held by foreign applicant.

(3) Certified true copy of the memorandum and articles of association or any other founding document of

the applicant.

(4) A valid guarantee or security of the applicant and insurance policy which may arise from the operation

of the air service.

(5) Any other document in support of the applicant’s ability to operate the air service.


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APPENDIX 1 TO 37.085: INFORMATION FOR USE IN ASSOCIATION WITH FINANCIAL FITNESS OF AIR CARRIERS

(a) Information to be provided by a first-time applicant from a financial fitness point of view—

(1) The most recent internal management accounts and, if available, audited accounts for the previous

financial year.

(2) A projected balance sheet, including profit and loss account, for the following two years.

(3) The basis for projected expenditure and income figures on such items as fuel, fares and rates,

salaries, maintenance, depreciation, exchange rate fluctuations, airport charges, insurance, etc.

Traffic/revenue forecasts.

(4) Details of the start-up costs incurred in the period from submission of application to commencement of

operations and an explanation of how it is proposes to finance these costs.

(5) Details of existing and projected sources of finance.

(6) Details of shareholders, including nationality and type of shares to be held, and the Articles of

Association. If part of a group of undertakings, information on the relationship between the group.

(7) Projected cash-flow statements and liquidity plans for the first two years of operation

(8) Details of the financing of aircraft purchase, leasing including, in the case of leasing, the terms and

conditions of contract.

(b) Information to be provided for assessment of the continuing financial fitness of existing licence holders

planning a change in their structures or in their activities with a significant bearing on their finances—

(1) If necessary, the most recent internal management balance sheet and audited account for the

previous financial year.

(2) Precise details of all proposed changes e.g. change of type of service, proposed takeover or merger;

modifications in share capital, changes in shareholders, etc.

(3) A projected balance sheet, with a profit and loss account, for the current financial year, including all

proposed changes in structure or activities with a significant bearing on finances.

(4) Past and projected expenditure and income figures on such items as fuel, fares and rates, salaries,

maintenance, depreciation, exchange rate fluctuations, airport charges, insurance, etc., Traffic/

revenue forecasts.

(5) Cash-flow statements and liquidity plans for the following year, including all proposed changes in

structure or activities with a significant bearing on finances.

(6) Details of the financing of aircraft purchase/leasing including, in the case of leasing, the terms and

conditions of contract.

(c) Information to be provided for assessment of the continuing financial fitness of existing licence holders.

(1) Audited accounts not later than six months after the end of the relevant period and, if necessary, the

most recent internal management balance sheet.

(2) A projected balance sheet, including profit and loss account for the forthcoming year.

APPENDIX 1 TO 37.180: PARTICULARS TO BE GIVEN BY HOLDER OF LICENCES AND OPERATING AUTHORIZATIONS IN MONTHLY RETURNS (EXCEPT WHERE OTHERWISE SPECIFIED)

1. SCHEDULED AIR SERVICES

(1) A list of the service numbers of all flights operated giving the names of the places between which

services are operated, the names of the regular staging points on the route, the types of aircraft used

and the number of flights operated by each type.

(2) A copy of the current timetable


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(3) A copy of current tariffs

(4) For services operated under an international airline licence or an operating authorization for each

service number—

(i) Total passengers, goods and mail, terminating and in transit, arriving in Rwanda by point of

discharge within Rwanda (showing in addition the point of discharge of passengers outside

Rwanda for each point of uplift)

(ii) Total passengers, goods and mail, originating and in transit, departing from Rwanda by point of

uplift within Rwanda (showing in additions the point of discharge of passengers outside

Rwanda for each point of uplift).

(iii) In transit passengers at each staging point in Rwanda on international services not included

above, i.e. those whose airports of uplift and discharge are both within Rwanda.

(iv) Total number of passenger seats offered and the number filled, on flights arriving in and/or

departing from Rwanda.

(v) Total capacity of commercial cargo offered and the weight carried on flights arriving in and/or

departing from Rwanda.

(vi) Total passengers, goods and mail carried only within Rwanda by points of uplift and discharge

separately for traffic between each airport in each direction.

(5) For services operated under an international airline licence and on sectors not wholly within

Rwanda—

(i) For each staging point outside Rwanda, the passengers, goods and mail in transit.

(ii) For each sector—

(A) the total passenger-miles offered, and carried; and

(B) the total commercial cargo load-miles offered, and carried.

(6) For services operated under the local licence the following shall be submitted for each period of four

weeks commencing 1st January each year, and in for each 13 week period throughout the year, the

last complete four-week and 13-week periods in the year shall, however, be extended to include 31st

December, or for such periods as shall be determined from time to time—

(i) By service number—

(A) the total passenger-miles offered and carried;

(B) the total load miles offered and carried.

(ii) The Passengers, goods and mail carried in each direction, between all combinations of staging

points.

2. CHARTER, AERIAL WORK & NON-SCHEDULED FLIGHTS

(1) Numbers and type or types of aircraft and engines operated during the month, actual dates of any

changes made to be given.

(2) Average daily service ability of aircraft complete.

(3) Total number of miles flown on each class of work.

(4) Total number of flights made on each class of work.

(5) Passenger miles and total number of passengers carried.

(6) Ton-miles and total weight of goods carried.

(7) Number of flights commenced but not completed, giving cause.

(8) Total number of requests for air service made.

(9) Total number of requests for air service made which were not accepted given reasons.

(10) Number of pilots, navigators, radio operators, flight engineers, stewards, photographers and any other

personnel employed on flying duties, and their salaries by grade.

(11) Copy of current schedule of charges for air services.


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3. INSTRUCTIONAL

(1) The numbers and types of aircraft and engines operated during the month, the actual dates of any

changes to be given.

(2) The average daily service ability of aircraft complete

(3) The total number of hours flown;

(i) dual instruction; and

(ii) solo; and

(iii) the total number of hours of not-flying instruction, per type of instruction.

(4) The total number of flights made;

(i) dual instruction;

(ii) solo.

(5) The number of instructors employed and their salaries by grade.

(6) A copy of the current schedule for instructional charges.

(7) The total number of pupils under instruction, according to the class of pilot licence for which instruction

is being given.

(i) The total number of pilot licences, per class, gained during the month.

(ii) The total number of pilot licences, per class, held by pupils or members of the club.

(iii) The total number of pupils or members.

APPENDIX 1 TO 37.200: INSURANCE REQUIREMENTS FOR AIR CARRIERS & AIRCRAFT

OPERATORS

(a) In addition to the 3rd Party requirements listed below, the following minimum insurance covers are

required—

(1) Passengers at 250,000 SDRs per passenger or in respect of non-commercial operations with aircraft

with MTOM of less than 2,700 kg, not less than 100,000 SDRs per passenger.

(2) Baggage at 1,000 SDRs per passenger.

(3) Cargo at 17 SDRs per kg.

CATEGORY

MTOM (KG) MINIMUM INSURANCE

(MILLION SDRS)

1 Up to 499 ^ 0.75

2 500 - 999 1.5

3 1,000 - 2,699 3

4 2,700 - 5,999 7

5 6,000 - 11,999 18

6 12,000 - 24,999 80

7 25,000 - 49,999 150

8 50,000 - 199,999 300

9 200,000 - 499,999 500

10 500,000 plus 700

(b) The minimum combined single limit (CSL) liability cover for each aircraft will be calculated as follows—


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(1) Third (3rd) Party for relevant category (see table)

(2) + 250,000 SDRs x maximum number of passengers carried on that aircraft or in respect of

noncommercial operations with aircraft with MTOM of less than 2,700 kg, not less than 100,000 SDRs

per passenger.

(3) + 1,000 SDRs x maximum number of passengers

(4) + 17 SDRs x kilograms of cargo carried

APPENDIX 2 TO 37.200: EXAMPLE DOCUMENTATION OF INSURANCE COVERING AIR CARRIER LIABILITY TO PASSENGERS, LUGGAGE, CARGO & THIRD PARTY LIABILITY

CERTIFICATE OF INSURANCE

(a) This is to certify that—

(insurer)(Name, address and participation percentages of insurer or

insurers) has/have issued the policies listed in this certificate covering risks of liability to passengers,

luggage, cargo and third party liability to

(air carrier) (Name and address of air carrier)

effective from (day) (month) (year)

to (day) (month) (year).

(b) The insurer has assumed, under the policies listed in this certificate, liability insurance covering risks of

injury to or death of passengers, damage to or loss of luggage and cargo, and insurance covering risks of

third party liability in accordance with the requirements of Section 37.200 of the Civil Aviation (Licensing of

Air Services) Regulations.

(c) The air carrier has been insured against the risks described in paragraph (b) for each incident or accident

related to the operation of a (a domestic, an international, or domestic and international) service in the

following amounts—

Type of Liability Amount Policy No

Passenger

Luggage

Cargo

Third Party

Single limit coverage

(d) The policies listed in this certificate insure (fill in the appropriate service in either (1) or (2))—

(1) all aircraft operated by the air carrier in (domestic, international, or domestic and international)

services; or


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(2) (domestic, international, or domestic and international) services operated by the air carrier with the

following aircraft—

REGISTRATION MARKING AIRCRAFT TYPE & MODEL

(e) The Insurer undertakes to notify the Director-General of the Civil Aviation Authority of Rwanda forthwith in

writing when—

(1) (a) the air carrier's coverage has been cancelled or is intended to be cancelled;

(2) (b) the air carrier's coverage has been altered or is intended to be altered in a manner that results in

the failure by the air carrier to comply with the requirements of Section 37.200 of the Civil Aviation

(Licensing of Air Services) Regulations; or

(3) (c) the air carrier's operations have been changed or are intended to be changed in a manner that

results in the failure by the air carrier to comply with the requirements of Section 37.200 of the Civil

Aviation (Licensing of Air Services) Regulations.

(f) The insurer (circle (1) or (2))—

(1) is registered and/or licensed in Rwanda to issue aircraft insurance policies; or

(2) is licensed or approved by a foreign government to issue aircraft insurance policies.

DATE ON BEHALF OF INSURER

(Signature, name and title of authorized person or agent)

FILING DIRECTIONS:

(1) An original of this certificate and any notification made pursuant to section 5 are to be filed with the

Director-General, Rwanda Civil Aviation Authority, P.O. 1112, Kigali, Rwanda

(2) An air carrier may file a certificate that contains one or more of the three conditions and the table set

out in the attachment hereto.

ATTACHMENT

NAME OF AIR CARRIER:

The Air Carrier has been insured against the risks described in section 2 under Policy no. , which is issued

on one or more of the following conditions:

(1) the aircraft are as described, and are insured for the amounts shown, in the table below;

(2) the number of passengers carried does not exceed the number of passenger seats insured for each

aircraft as shown in the table below; and

(3) the aircraft will be used for the following purposes—


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Registration

Marking

Type &

Model

No. of

Passenger

Seats Insured

Amount of

Passenger

Liability

Amount of

Luggage

Liability

Amount of

Cargo

Liability

Amount of

Third

Party

Liability

APPENDIX 1 TO 37.225: INFORMATION TO BE DISCLOSED FOR FRANCHISES: DISCLOSURE DOCUMENT

(a) The franchisor/franchisee shall provide the following information in the disclosure document—

(1) the legal name, legal form and legal address of the franchisor and the address of the principal place of

business of the franchisor:

(2) any name other than the legal name under which the franchisor carries on or intends to carry on

business.

(3) the address of the franchisor's principal place of business in Rwanda;

(4) a description of the airline experience of the franchisor including the length of time during which the

franchisor has offered franchises;

(5) details of shareholding, directorship and senior management of franchisor/franchisee.

(6) the names, business addresses, positions held, business experience and qualifications of any person

who has senior management responsibilities for the franchisor's business operations in relation to the

franchise;

(7) relevant details relating to any criminal convictions or any finding of liability in a civil action involving

franchises or other businesses relating to fraud, misrepresentation, or similar acts or practices of—

(i) the franchisor;

(ii) any affiliate of the franchisor who is engaged in franchising; and

(iii) any of the persons indicated in sub-paragraph (a)(5)

(8) relevant details concerning any bankruptcy, insolvency or comparable proceeding involving the

franchisor for the previous five years;

(9) the total number of franchises in the franchisor network.

(10) the names and business addresses of all the franchisees.

(11) information about the franchisees that have ceased to be franchisees of the franchisor during the five

proceeding fiscal years, with an indication of the reasons for which the franchisees have ceased to be

franchisees of the franchisor.


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(12) Disclosure of the following categories would fulfill the disclosure requirement: voluntarily terminated or

not renewed;

(13) reacquired by purchase by the franchisor; otherwise reacquired by the franchisor; refused renewal by

the franchisor; terminated by the franchisor;

(14) the following information regarding the franchisor's intellectual property relevant for the franchise, in

particular trademarks, service arks, trademarks, logotypes and designator codes—

(i) the registration and/or the application for registration, if any, and

(ii) litigation or other legal proceedings, if any, which could have a material effect on the

franchisee's legal right, exclusive or nonexclusive, to use the intellectual property under the

franchise agreement in the State in which the franchised business is to be operated;

(15) financial matters, including—

(i) financing offered or arranged by the franchisor, if any;

(ii) audited or otherwise independently verified financial Statements of the franchisor, including

balance sheets and statements of profit and loss, for the previous three years.

(iii) If the most recent audited financial statements are as of a date more than 180 days before the

date of delivery of the disclosure document, then unaudited financial statements as of a date

within 90 days of the date of delivery of the disclosure document;

(iv) a description of the franchise to be operated by the franchises;

(v) the term and conditions of renewal of the franchise;

(vi) a description of the initial and on-going training programme

(vii) the nature and extent of exclusive rights granted, if any, including rights relating to territory and/

or customers;

(viii) the conditions under which the franchise agreement may be terminated by the franchisor and

the effects of such termination;

(ix) the conditions under which the franchise agreement may be terminated by the franchisee and

the effects of such termination;

(x) the limitations imposed on the franchisee, if any, in relation to territory and/or to customers;

(xi) in-term and post-term non-compete covenants;

(xii) any reservation by the franchisor of the right

(16) to use, or to license the use of, the trademarks covered by the franchise agreement;

(17) to sell or distribute the goods and/or services authorized for sale by the franchisee directly or indirectly

through the same or any other channel of distribution, whether under the trademarks covered by the

agreement or any other trademark;

(i) restrictions or conditions imposed on the franchisee in relation to services that the franchisee

may offer.

(ii) certified copies of air services licence, air operators certificate issued to franchisee and

franchisor.

(iii) certified copies of the current conditions of carriage for passenger baggage and mail of the

prospective franchisor and the prospective franchisee.

(iv) certified copies of the current conditions of carriage for cargo of the prospective Franchisee and

the prospective franchisee and the prospective franchisor.

(v) description of the safety record of the Franchisor for the past ten years.

(vi) details of the financing of aircraft purchase/leasing of franchisee.

(vii) a draft of the proposed franchise agreement (excluding financial clauses).

(b) Any other information, date, certification or document the Authority may request.

End of RCAR Part 37


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1227






Order no04/CAB.M/018 of 24/07/2018





l'aviation civile


(sé)

GATETE Claver


Kigali, on 24/07/2018

(sé)

GATETE Claver


Kigali, le 24/07/2018

(sé)

GATETE Claver



Repubulika:

(sé)

BUSINGYE Johnston



Republic:

(sé)

BUSINGYE Johnston



(sé)



1228




No04/CAB.M/018 OF 24/07/2018


REGULATIONS


No04/CAB.M/018 DU 24/07/2018


L'AVIATION CIVILE


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Page 38-1 of 12

Part 38

Units of Measurement

SUBPART A: GENERAL .......................................................................................................................... 3 38.001 CITATION & APPLICABILITY ............................................................................................................... 3 38.005 DEFINITIONS & ABBREVIATIONS ...................................................................................................... 3 38.010 [RESERVED] ......................................................................................................................................... 4 38.015 [RESERVED] ......................................................................................................................................... 4

SUBPART B: STANDARD APPLICATION OF UNITS OF MEASUREMENT ......................................... 4 38.020 SI UNITS ............................................................................................................................................... 4 38.025 NON-SI UNITS FOR PERMANENT USE WITH THE SI ........................................................................ 4 38.030 NON-SI ALTERNATIVE UNITS PERMITTED FOR TEMPORARY USE WITH THE SI ....................... 4 38.035 APPLICATION OF SPECIFIC UNITS ................................................................................................. 5 38.040 DESIGN, PROCEDURES & TRAINING ............................................................................................... 5 38.045 USE OF ALTERNATIVE NON-SI UNITS .............................................................................................. 5

SUBPART C: ADMINISTRATIVE FINES ................................................................................................ 5 38.050 ADMINISTRATIVE FINES ..................................................................................................................... 5

APPENDICES ........................................................................................................................................... 6 APPENDIX 1 TO 38.020: SI UNIT PREFIXES ................................................................................................ 6 APPENDIX 1 TO 38.025: NON-SI UNITS FOR PERMANENT USE WITH THE SI ..................................... 6 APPENDIX 1 TO 38.030: NON-SI UNITS FOR TEMPORARY USE WITH THE SI ..................................... 7 APPENDIX 1 TO 38.035: STANDARD APPLICATION OF SPECIFIC UNITS OF MEASUREMENT ............ 7 APPENDIX 1 TO 38.035: STANDARD UNITS (MASS-RELATED, FORCE-RELATED, MECHANICS) ....... 8 APPENDIX 1 TO 38.035: STANDARD UNITS (FLOW & THERMODYNAMICS) .......................................... 9 APPENDIX 1 TO 38.035: STANDARD UNITS (ELECTRICITY, LIGHT, ACOUSTICS) .............................. 10 APPENDIX 1 TO 38.035: STANDARD USTNITS (NUCLEAR PHYSICS) ................................................... 11 APPENDIX 1 TO 38.040: TERMINATION DATES FOR NON-SI ALTERNATIVE UNITS ........................... 11 APPENDIX 1 TO 38.050: ADMINISTRATIVE FINE ........................................................................................ 11



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SUBPART A: GENERAL


(a) These Regulations may be cited as the Civil Aviation (Units of Measurement to be used in Air and Ground

Operations), Regulations.

(b) These Regulations shall be applicable to all aspects of civil aviation air and ground operations and shall be

used by the persons and organizations that engage in or provide services for civil aviation..

(c) The Civil Aviation Technical Standards (Units of Measurement) published by the Authority are applicable to

the provision of civil aviation air and ground operations in Rwanda.

38.005 DEFINITIONS & ABBREVIATIONS

(a) When the following terms are used in this Part, they have the followingmeanings—

Ampere (A). That constant electric current which, if maintained in two straight parallel conductors of

infinite length, of negligible circular cross-section, and placed 1 metre apart in a vacuum, would

produce between these conductors a force equal to 2 × 10–7 newton per metre of length;

Becquerel (Bq). The activity of a radionuclide having one spontaneous nuclear transition per second;

Candela (cd). The luminous intensity, in the perpendicular direction, of a surface of 1/600 000 square

metre of black body at the temperature of freezing platinum under a pressure of 101 325 newtons

per square metre;

Celsius temperature (t°C). The Celsius temperature is equal to the difference t°C = T-T0 between two

thermodynamic temperatures T and T0 where T0 equals 273.15 Kelvin;

Coulomb (C). The quantity of electricity transported in 1 second by a current of 1 ampere;

Degree Celsius (°C). The special name for the unit Kelvin for use in stating values of Celsius

temperature;

Farad (F). The capacitance of a capacitor between the plates of which there appears a difference of

potential of 1 volt when it is charged by a quantity of electricity equal to 1 coulomb;

Foot (ft). The length equal to 0.3048 metre exactly;

Gray (Gy). The energy imparted by ionizing radiation to a mass of matter corresponding to 1 joule per

kilogram;

Henry (H). The inductance of a closed circuit in which an electromotive force of 1 volt is produced when

the electric current in the circuit varies uniformly at a rate of 1 ampere per second;

Hertz (Hz). The frequency of a periodic phenomenon of which the period is 1 second;

Human performance. Human capabilities and limitations which have an impact on the safety and

efficiency of aeronautical operations;

Joule (J). The work done when the point of application of a force of 1 Newton is displaced a distance of 1

metre in the direction of the force;

Kelvin (K). A unit of thermodynamic temperature which is the fraction 1/273.16 of the thermodynamic

temperature of the triple point of water;

Kilogram (kg). The unit of mass equal to the mass of the international prototype of the kilogram;

Knot (kt).The speed equal to 1 nautical mile per hour;

International System of Units (SI). A complete, coherent system which includes three classes of units

base units, supplementary units; and derived units;

Litre (L). A unit of volume restricted to the measurement of liquids and gases which is equal to 1 cubic

decimeter;

Lumen (lm). The luminous flux emitted in a solid angle of 1 steradian by a point source having a uniform

intensity of 1 candela;


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Lux (lx). The illuminance produced by a luminous flux of 1 lumen uniformly distributed over a surface of 1

square metre;

Metre (m). The distance travelled by light in a vacuum during 1/299 792 458 of a second;

Mole (mol). The amount of substance of a system which contains as many elementary entities as there

are atoms in 0.012 kilogram of carbon-12;

Nautical mile (NM). The length equal to 1,852 metres exactly;

Newton (N). The force which when applied to a body having a mass of 1 kilogram gives it an acceleration

of 1 metre per second squared;

Ohm (Ω). The electric resistance between two points of a conductor when a constant difference of

potential of 1 volt, applied between these two points, produces in this conductor a current of 1

ampere, this conductor not being the source of any electromotive force;

Pascal (Pa). The pressure or stress of 1 newton per square metre;

Radian (rad). The plane angle between two radii of a circle which cut off on the circumference an arc

equal in length to the radius;

Second (s). The duration of 9 192 631 770 periods of the radiation corresponding to the transition

between the two hyperfine levels of the ground state of the caesium-133 atom;

Siemens (S). The electric conductance of a conductor in which a current of 1 ampere is produced by an

electric potential difference of 1 volt;

Sievert (Sv). The unit of radiation dose equivalent corresponding to 1 joule per kilogram;

Steradian (sr). The solid angle which, having its vertex in the centre of a sphere, cuts off an area of the

surface of the sphere equal to that of a square with sides of length equal to the radius of the sphere;

Tesla (T). The magnetic flux density given by a magnetic flux of 1 weber per square metre;

Tonne (t). The mass equal to 1 000 kilograms;

Volt (V). The unit of electric potential difference and electromotive force which is the difference of electric

potential between two points of a conductor carrying a constant current of 1 ampere, when the

power dissipated between these points is equal to 1 watt;

Watt (W). The power which gives rise to the production of energy at the rate of 1 joule per second;

Weber (Wb). The magnetic flux which, linking a circuit of one turn, produces in it an electromotive force of

1 volt as it is reduced to zero at a uniform rate in 1 second.

38.010 [RESERVED]

38.015 [RESERVED]

SUBPART B: STANDARD APPLICATION OF UNITS OF MEASUREMENT

38.020 SI UNITS

(a) The International System of Units developed and maintained by the General Conference of Weights and

Measures (CGPM) shall, subject to Section 38.025 and Section 38.035 be used as the standard system of

units of measurement for all aspects of civil aviation air and ground operations.

(b) The prefixes and symbols listed in Appendix 1 to 38.020 shall be used to form names and symbols of the

decimal multiples and sub-multiples of SI units.

38.025 NON-SI UNITS FOR PERMANENT USE WITH THE SI

(a) The non-SI units listed in Appendix 1 to 38.025 shall be used either in lieu of, or in addition to, SI units as

primary units of measurement but only as specified in Appendix 1 to 38.035 of these regulations.

38.030 NON-SI ALTERNATIVE UNITS PERMITTED FOR TEMPORARY USE WITH THE SI

(a) The non-SI units listed in Appendix 1 of 38.030 shall be permitted for temporary use as alternative units of

measurement but only for those specific quantities listed in Appendix 1 to 38.035.


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38.035 APPLICATION OF SPECIFIC UNITS

(a) The application of units of measurement for certain quantities used in civil aviation air and ground

operations shall be in accordance with Appendix 1 to 38.035 of these regulations.

38.040 DESIGN, PROCEDURES & TRAINING

(a) The means and provisions for design, procedures and training shall be established for operations in

environments involving the use of standard and non-SI alternatives of specific units of measurement, or the

transition between environments using different units, with due consideration to human performance.

38.045 USE OF ALTERNATIVE NON-SI UNITS

(a) The use in international civil aviation operations of the alternative non-SI units listed in Appendix 1 to

38.035 shall be terminated on the dates listed in Appendix 1 to 38.040.

SUBPART C: ADMINISTRATIVE FINES


(a) Any who contravenes any provision of these Regulations shall be guilty of an offence and shall on conviction be liable for each offence and/or each flight to a fine not exceeding the amount specified in Appendix 1 to 38.050



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APPENDICES

APPENDIX 1 TO 38.020: SI UNIT PREFIXES

APPENDIX 1 TO 38.025: NON-SI UNITS FOR PERMANENT USE WITH THE SI


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APPENDIX 1 TO 38.030: NON-SI UNITS FOR TEMPORARY USE WITH THE SI

APPENDIX 1 TO 38.035: STANDARD APPLICATION OF SPECIFIC UNITS OF MEASUREMENT


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APPENDIX 1 TO 38.035: STANDARD UNITS (MASS-RELATED, FORCE-RELATED, MECHANICS)


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APPENDIX 1 TO 38.035: STANDARD UNITS (FLOW & THERMODYNAMICS)


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APPENDIX 1 TO 38.035: STANDARD UNITS (ELECTRICITY, LIGHT, ACOUSTICS)


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APPENDIX 1 TO 38.035: STANDARD USTNITS (NUCLEAR PHYSICS)

APPENDIX 1 TO 38.040: TERMINATION DATES FOR NON-SI ALTERNATIVE UNITS

APPENDIX 1 TO 38.050: ADMINISTRATIVE FINE

COLUMN1 COLUMN2 FINES (RWANDAN FRANCS)


28.020 SI Units 1,000,000 5,000,000

End of RCAR Part 38


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Order no04/CAB.M/018 of 24/07/2018





l'aviation civile


(sé)

GATETE Claver


Kigali, on 24/07/2018

(sé)

GATETE Claver


Kigali, le 24/07/2018

(sé)

GATETE Claver



Repubulika:

(sé)

BUSINGYE Johnston



Republic:

(sé)

BUSINGYE Johnston



(sé)



1242




No04/CAB.M/018 OF 24/07/2018


REGULATIONS


No04/CAB.M/018 DU 24/07/2018


L'AVIATION CIVILE


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Part 39

Unmanned Free Balloons

Subpart A: General .................................................................................................................................. 3 39.001 Citation & Applicability ...................................................................................................................... 3

39.005 Definitions ........................................................................................................................................ 3

39.010 Acronyms & Abbreviations ............................................................................................................... 3

Subpart B: Unmanned Free Balloons .................................................................................................... 3 39.015 Applicability ...................................................................................................................................... 3

39.020 Classification of Unmanned Free Balloons ...................................................................................... 3 39.025 Appropriate Authorisation for Flight .................................................................................................. 3

39.030 International Operations ................................................................................................................... 4

39.035 Operations over the High Seas ........................................................................................................ 4

39.040 Compliance with Specified Conditions & Limitations ....................................................................... 4

39.045 Hazard to Persons or Property ......................................................................................................... 4

39.050 Operating Limitations ....................................................................................................................... 4

39.055 Flight Termination Devices & Radar Tracking .................................................................................. 4

39.060 Radio Equipment .............................................................................................................................. 5

39.065 Trailing Antenna Pennants ............................................................................................................... 5

39.070 Balloon Lighting ................................................................................................................................ 5

39.075 Suspension Device .......................................................................................................................... 5

39.080 Activation of Termination Devices .................................................................................................... 5

39.085 Early Pre-Flight Notification .............................................................................................................. 5

39.090 Pre-Launch Changes ....................................................................................................................... 6

39.095 Notification of Launch ....................................................................................................................... 6

39.100 Notification of Cancellation ............................................................................................................... 6

39.105 Position Recording & Reporting ....................................................................................................... 6

39.110 Reporting the Planned Descent ....................................................................................................... 7

39.115 Notification of Ending of Operation .................................................................................................. 7

Appendices .............................................................................................................................................. 8

Appendix 1 to 39.020: Classification of Balloons ........................................................................................... 8



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SUBPART A: GENERAL


(a) These regulations may be cited as Civil Aviation (Unmanned Free Balloons) Regulations.

(b) This Part prescribes the requirements of the Republic of Rwanda for the operations of unmanned free

balloons.

(c) This Part is applicable to all persons and organizations conducting operations of unmanned free balloons.

39.005 DEFINITIONS

(a) Definitions relating to this Part are found in Appendix 1 to 1.015.


(a) Acronyms and abbreviations used in this Part are identified in Appendix 1 to 1.020.

SUBPART B: UNMANNED FREE BALLOONS


(a) This Subpart is applicable to the operations of unmanned free balloons in the national and international

airspace.

39.020 CLASSIFICATION OF UNMANNED FREE BALLOONS

(a) Unmanned free balloons shall be classified as—

(1) Light: an unmanned free balloon which carries a payload of one or more packages with a combined

mass of less than 4 kg, unless qualifying as a heavy balloon in accordance with (3)(ii)(iii) or (iv) below;

or

(2) Medium: an unmanned free balloon which carries a payload of two or more packages with a

combined mass of 4 kg or more, but less than 6 kg, unless qualifying as a heavy balloon in

accordance with (a)(3) below; or

(3) Heavy: an unmanned free balloon which carries a payload which—

(i) Has a combined mass of 6 kg or more; or

(ii) Includes a package of 3 kg or more; or

(iii) Includes a package of 2 kg or more with an area density of more than 13 g per square

centimetre; or

(iv) Uses a rope or other device for suspension of the payload that requires an impact force of 230

N or more to separate the suspended payload from the balloon.

(b) The area density referred to in paragraph (a)(3)(iii) is determined by dividing the total mass in grams of the

payload package by the area in square centimetres of its smallest surface.

Note: Refer to Appendix 1 of 39.020 for a graphic description of the classifications of unmanned free

balloons.

39.025 APPROPRIATE AUTHORISATION FOR FLIGHT

(a) No person may operate an unmanned free balloon without appropriate authorisation from the authority of

the State from which the launch is made.


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39.030 INTERNATIONAL OPERATIONS

(a) No person may operate an unmanned free balloon, other than a light balloon used exclusively for

meteorological purposes and operated in the manner prescribed by the Authority, across the territory of

another State without appropriate authorisation from the other State concerned.

(1) The authorisation referred to in (b) shall be obtained prior to the launching of the balloon if there is

reasonable expectation, when planning the operation, that the balloon may drift into airspace over the

territory of another State.

(2) Such authorisation may be obtained for a series of balloon flights or for a particular type of recurring

flight, e.g. atmospheric research balloon flights.

39.035 OPERATIONS OVER THE HIGH SEAS

(a) No person may operate a heavy unmanned free balloon over the high seas without prior coordination with

the appropriate ATS authority.

39.040 COMPLIANCE WITH SPECIFIED CONDITIONS & LIMITATIONS

(a) No person may operate an unmanned free balloon unless in accordance with conditions specified by the

Authority and the State(s) expected to be overflown.

39.045 HAZARD TO PERSONS OR PROPERTY

(a) No person may operate an unmanned free balloon in such a manner that impact of the balloon, or any part

thereof, including its payload, with the surface of the earth, creates a hazard to persons or property not

associated with the operation.

39.050 OPERATING LIMITATIONS

(a) No person may operate a heavy unmanned free balloons without authorisation from the appropriate ATS

authority at or through any level below 18 000 m (60 000 ft) pressure-altitude at which—

(1) There are clouds or obscuring phenomena of more than four oktas coverage; or

(2) The horizontal visibility is less than 8 km.

(b) No person may release a heavy or medium unmanned free balloon in a manner that will cause it to fly lower

than 300 m (1 000 ft) over the congested areas of cities, towns or settlements or an open-air assembly of

persons not associated with the operation.

39.055 FLIGHT TERMINATION DEVICES & RADAR TRACKING

(a) No person may operate a heavy unmanned free balloon unless—

(1) It is equipped with at least two payload flight-termination devices or systems, whether automatic or

operated by telecommand, that operate independently of each other;

(2) Tor polyethylene zero-pressure balloons, at least two methods, systems, devices, or combinations

thereof, that function independently of each other are employed for terminating the flight of the balloon

envelope;

Note: Superpressure balloons do not require these devices as they quickly rise after payload

discharge and burst without the need for a device or system designed to puncture the balloon

envelope. In this context a superpressure balloon is a simple non-extensible envelope capable of

withstanding a differential of pressure, higher inside than out. It is inflated so that the smaller night-

time pressure of the gas still fully extends the envelope. Such a superpressure balloon will keep

essentially constant level until too much gas diffuses out of it.

(3) The balloon envelope is equipped with either a radar reflective device(s) or radar reflective material

that will present an echo to surface radar operating in the 200 MHz to 2 700 MHz frequency range,

and/or the balloon is equipped with such other devices as will permit continuous tracking by the

operator beyond the range of ground-based radar.


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39.060 RADIO EQUIPMENT

(a) No person may operate a heavy unmanned free balloon under the following conditions—

(1) In an area where ground-based SSR equipment is in use, unless it is equipped with a secondary

surveillance radar transponder, with pressure-altitude reporting capability, which is continuously

operating on an assigned code, or which can be turned on when necessary by the tracking station; or

(2) In an area where ground-based ADS-B equipment is in use, unless it is equipped with an ADS-B

transmitter, with pressure-altitude reporting capability, which is continuously operating or which can

be turned on when necessary by the tracking station.

39.065 TRAILING ANTENNA PENNANTS

(a) No person may operate an unmanned free balloon that is equipped with a trailing antenna that requires a

force of more than 230 N to break it at any point unless the antenna has coloured pennants or streamers

that are attached at not more than 15 m intervals.

39.070 BALLOON LIGHTING

(a) No person may operate a heavy unmanned free balloon below 18 000 m (60 000 ft) pressure-altitude

between sunset and sunrise or such other period between sunset and sunrise (corrected to the altitude of

operation) as may be prescribed by the appropriate ATS authority, unless the balloon and its attachments

and payload, whether or not they become separated during the operation, are lighted.

39.075 SUSPENSION DEVICE

(a) No person may operate a heavy unmanned free balloon that is equipped with a suspension device (other

than a highly conspicuously coloured open parachute) more than 15 m long between sunrise and sunset

below 18 000 m (60 000 ft) pressure-altitude unless the suspension device is coloured in alternate bands of

high conspicuity colours or has coloured pennants attached.

39.080 ACTIVATION OF TERMINATION DEVICES

(a) The operator of a heavy unmanned free balloon shall activate the appropriate termination devices required

by Section 27.260—

(1) When it becomes known that weather conditions are less than those prescribed for the operation;

(2) If a malfunction or any other reason makes further operation hazardous to air traffic or to persons or

property on the surface; or

(3) Prior to unauthorised entry into the airspace over another State’s territory.

39.085 EARLY PRE-FLIGHT NOTIFICATION

(a) The operator shall make early notification of the intended flight of an unmanned free balloon in the medium

or heavy category to the appropriate air traffic services unit not less than seven days before the date of the

intended flight.

(b) The operator shall provide notification of the intended flight, including such of the following information as

may be required by the appropriate air traffic services unit—

(1) Balloon flight identification or project code name;

(2) Balloon classification and description;

(3) SSR code, aircraft address or NDB frequency, as applicable;

(4) Operator’s name and telephone number;

(5) Launch site;

(6) Estimated time of launch (or time of commencement and completion of multiple launches);

(7) Number of balloons to be launched and the scheduled interval between launches (if multiple

launches);


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(8) Expected direction of ascent;

(9) Cruising level(s) (pressure-altitude);

(10) The estimated elapsed time to pass 18 000 m (60 000 ft) pressure-altitude or to reach cruising level if

at or below 18 000 m (60 000 ft), together with the estimated location;

(11) The estimated date and time of termination of the flight and the planned location of the impact/

recovery area. In the case of balloons carrying out flights of long duration, as a result of which the date

and time of termination of the flight and the location of impact cannot be forecast with accuracy, the

term “long duration” shall be used.

(c) If the operation consists of continuous launchings, the time to be included is the estimated time specified in

paragraph (b)(10) at which the first and the last in the series will reach the appropriate level (e.g. 122136Z–

130330Z).

(d) If there is to be more than one location of impact/recovery, each location specified in paragraph (b)(11) is to

be listed together with the appropriate estimated time of impact. If there is to be a series of continuous

impacts, the time to be included is the estimated time of the first and the last in the series (e.g. 070330Z–

072300Z).

39.090 PRE-LAUNCH CHANGES

(a) The operator shall forward any changes in the pre-launch information notified in accordance with Section

39.095(a) to the air traffic services unit concerned—

(1) Not less than 6 hours before the estimated time of launch; or

(2) In the case of solar or cosmic disturbance investigations involving a critical time element, not less than

30 minutes before the estimated time of the commencement of the operation.

39.095 NOTIFICATION OF LAUNCH

(a) Immediately after a medium or heavy unmanned free balloon is launched the operator shall notify the

appropriate air traffic services unit of the following—

(1) Balloon flight identification;

(2) Launch site;

(3) Actual time of launch;

(4) Estimated time at which 18 000 m (60 000 ft) pressure-altitude will be passed, or the estimated time at

which the cruising level will be reached if at or below 18 000 m (60 000 ft.), and the estimated location;

and

(5) Any changes to the information previously notified in accordance with 39.090(a).

39.100 NOTIFICATION OF CANCELLATION

(a) The operator shall notify the appropriate air traffic services unit immediately when it is known that the

intended flight of a medium or heavy unmanned free balloon, previously notified in accordance with

39.090(a) has been cancelled.

39.105 POSITION RECORDING & REPORTING

(a) The operator of a heavy unmanned free balloon operating at or below 18 000 m (60 000 ft) pressure-

altitude shall—

(1) Monitor the flight path of the balloon; and

(2) Record the position and forward reports of the balloon’s position every 2 hours; or

(3) At more frequent intervals if required by air traffic services

(b) The operator of a heavy unmanned free balloon operating above 18 000 m (60 000 ft) pressure-altitude

shall—

(1) Monitor the flight progress of the balloon; and


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(2) Record the position and forward reports of the balloon’s position every 24 hours; or

(3) At more frequent intervals if required by air traffic services.

(c) If a position cannot be recorded in accordance with (a) and (b), the operator shall immediately notify the

appropriate air traffic services unit.

(1) This notification shall include the last recorded position.

(2) The appropriate air traffic services unit shall be notified immediately when tracking of the balloon is re-

established.

39.110 REPORTING THE PLANNED DESCENT

(a) One hour before the beginning of planned descent of a heavy unmanned free balloon, the operator shall

forward to the appropriate ATS unit the following information regarding the balloon—

(1) the current geographical position;

(2) the current level (pressure-altitude);

(3) the forecast time of penetration of 18 000 m (60 000 ft) pressure-altitude, if applicable;

(4) the forecast time and location of ground impact.

39.115 NOTIFICATION OF ENDING OF OPERATION

(a) The operator of a heavy or medium unmanned free balloon shall notify the appropriate air traffic services

unit when the operation is ended.



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