MINISTERIAL REGULATIONS N° 02/MOSTRANS/015 OF 08/04/2015 IMPLEMENTING THE LAW N° 75/2013 OF 11/09/2013 ESTABLISHING REGULATION GOVERNING CIVIL AVIATION

Ingingo ya mbere: mabwiriza agamije Icyo aya Article One: Purpose of these regulations Article règlement premier: Objet du Aya mabwiriza agamije gushyira mu bikorwa Itegeko nº 75/2013 ryo ku wa 11/09/2013 rigena Amabwiriza mu by’indege za Gisiviri. These Regulations implement the Law nº 75/2013 of 11/9/2013 establishing Regulations governing civil aviation Les présent règlements mettent en exécution Loi nº 75/2013 du 11/09/2013 portant réglementation de l’aviation civile.

Ingingo ya 2: mabwiriza Ibikubiye mu Article 2: Contents of regulations these Article 2: Contenu des présents règlements Ibikubiye muri aya mabwiriza biri ku mugereka wayo mu buryo bukurikira: Contents of these Regulations are in their annexes as follows: Le contenu de ces règlements y est annexé de la manière suivante : 1 º Ingingo rusange (Umugereka 1 º General Provisions (Annex I); 1 º Dispositions Générales (Annexe wa I); I); 2 º Imigurukire y’indege 2 º Airworthiness (Annex II); 2 º Navigabilité des Aéronefs 2 (Umugereka wa II); (Annexe II) ; Official Gazette nº 21bis of 25/05/2015 3 º Amagaragi yemerewe gutunganya indege (Umugereka wa III); 4 º Iyandikwa n'Ubwenegihugu by'indege (Umugereka wa IV); 5 º Ibyangombwa bihabwa abakozi mu by’indege (Umugereka wa V); 6 º Imikoreshereze y’ikirere no kugenzura imigendere y' indege mu kirere (Umugereka waVI); 7 º Ibyuma bikoresho n'ibindi birebana no kuyobora indege (Umugereka wa VII); 8 º Kumanuka no kumanura ibintu iri mu kirere mu ndege (Umugereka wa VIII); 3 º Approved Maintenance 3 º Organisme de maintenance Organization (Annex III); agrée (Annexe III) ; 4 º Aircraft Registration and Marking (Annex IV); 4 º Immatriculation et Nationalité des Aéronefs (Annexe IV) ; 5 º Personnel licensing (Annex V); 5 º Licence du Personnel Aéronautique (Annexe V) ; 6 º Rules of the Air and Air Traffic Control (Annex VI); 6 º Règles de l’Air et Contrôle de la circulation aérienne (Annexe VI) ; 7 º Instrument and Equipment 7 º Instruments et Equipements (Annex VII); (Annexe VII) ; 8 º Parachute (Annex VIII); 8 º Parachutage (Annexe VIII), 9 º Ibyemezo n'Ubutegetsi (Umugereka wa IX); 9 º Air Operator Certification and Administration (Annex IX); 9 º Certificats opérateurs des d’aéronefs et Administration (Annexe IX) ; 10 º Imikoreshereje y’indege 10 º Operation of Aircraft (X); 10 º Exploitation Technique des (Umugereka wa X); Aéronefs (Annexe X) ; 11 º Imirimo yo mu hakoreshejwe (Umugereka wa XI); kirere indege 11 º Aerial Work (XI); 11 º Services Aériens (Annexe XI); 12 º Ibigo byigisha iby’indege 12 º Approved Training (Umugereka wa XII); Organizations (XII); 13 º Ibibuga by’indege za gisivile 13 º Aerodrome (Annex XIII); (Umugereka wa XIII); 12 º Institutions formations de aéronautiques agréées (Annexe XII) ; 13 º Aérodromes civils (Annexe XIII); 14 º Amakompanyi y’indege z'inyamahanga akora imirimo y'ubucuruzi mu gihugu no hanze yacyo (Umugereka wa XIV); 14 º Commercial Air Transport operations by foreign Air Operator in and out of Rwanda (XIV); 14 º Opérations de transport commercial aérien par des opérateurs à l’intérieur et à l’extérieur du pays (Annexe XIV) ; étrangers 15 º Imisoro mu by’indege (Umugereka wa XV); n’amahoro 15 º Fees and Charges (Annex XV); 15 º Droits et Redevances dans le domaine aéronautiques (Annexe XV) ; 16 º Gushakisha no gutabara indege iri mu kaga(Umugereka wa XVI); 16 º Search and Rescue (Annex XVI); 16 º Recherche et (Annexe XVI) ; Secourisme 3 Official Gazette nº 21bis of 25/05/2015 17 º Anketi n'iperereza ku mpanuka by'indege byago n'ibindi (Umugereka wa XVII); 17 º Aircraft Accident and Incident Investigation (Annex XVII); 17 º Enquêtes et Investigations sur Incidents les Accidents d’Aviation (Annexe XVII) ; et 18 º Umutekano w’indege n’abantu 18 º Security (Annex XVIII) ; 18 º Sûreté de l’Aviation Civile (Umugereka wa XVIII); (Annexe XVIII) ; 19 º Uruhushya rwo gutwara ibintu (Umugereka wa mu ndege; XIX); 20 º Uburyo umutekano XX); bwo kugenzura (Umugereka wa 19 º Licensing of Air Services 19 º Autorisation de transport (Annex XIX); Aérien (Annexe XIX) ; 20 º Safety Management 20 º Système de gestion de sécurité System(Annex XX) (Annexe XX) ; 21 º Itangwa rya serivise zo mu kirere(Umugereka wa XXI); 21 º Air Navigation Services(Annex 21 º Services de la Navigation XXI) Aérienne (Annexe XXI)

Ingingo ya 3: Ivanwaho ry’ingingo zinyuranyije n’aya mabwiriza zose Ingingo z'amabwiriza abanziriza aya kandi zinyuranyije nayo zivanyweho. Article 3: Repealing provision Article 3: Disposition abrogatoire. All prior provisions contrary to these Regulations are hereby repealed. Toutes les dispositions antérieures contraires sont abrogées. règlement au

Ingingo ya 4: Igihe Iteka ritangira gukurikizwa Aya mabwiriza atangira gukurikizwa ku munsi atangarijweho mu Igazeti ya Leta ya Repubulika y’u Rwanda. Article 4: Commencement Article 4: Entrée en vigueur These Regulations shall come into force on the date of their publication in the the Official Gazette of Republic of Rwanda. règlement entre en Le présent vigueur le jour de sa publication au Journal Officiel de la République du Rwanda. Kigali, ku wa 08/04/2015 Kigali, on 08/04/2015 Kigali, le 08/04/2015 (sé) Dr NZAHABWANIAMANA Alexis Umunyamabanga wa Leta Ushinzwe Transport (sé) Dr NZAHABWANIAMANA Alexis Minister of State in charge of Transport (sé) Dr NZAHABWANIAMANA Alexis Secrétaire d’Etat chargé des Transports Bibonywe kandi bishyizweho Ikirango cya Repubulika: Seen and sealed with the Seal of the Republic: (sé) BUSINGYE Johnston Minisitiri w‟Ubutabera/Intumwa Nkuru ya Leta (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 4 Official Gazette nº 21bis of 25/05/2015 5 Official Gazette nº 21bis of 25/05/2015 ANNEX I TO THE MINISTERIAL REGULATIONS Nº 02/MOS/TRANS/015 OF 08/04/2015 IMPLEMENTING THE LAW Nº 75/2013 OF 11/09/2013 ESTABLISHING REGULATION GOVERNING CIVIL AVIATION CIVIL AVIATION (GENERAL PROVISIONS) REGULATIONS 2015 ARRANGEMENTS OF REGULATIONS Regulation Part I – Preliminary Citation, coming into force and revocation Interpretation Part II – Exemptions Exemptions and Equivalent Safety Case Requirement for application Request for exemption Initial review by the Authority Evaluation of the request Part III - General Possession of the licence Drug and alcohol testing and reporting Inspection of licences and certificates Change of name Change of address Replacement of documents Certificate Suspension and Revocations Appointment and powers of aviation safety inspectors Procedures on detention or recall of aircraft Detention Use and retention of certificates and records Reports of violation Enforcement of directions Contravention of Regulations Aeronautical user fees Application of regulations to Government and visiting forces, etc. Extra-territorial application of Regulations Flights over any foreign country Aircraft under an agreement for transfer of functions and duties in accordance with

article 83 bis of the Chicago Convention. Service 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Part IV – Revision of Decisions 28. Revision 6 Official Gazette nº 21bis of 25/05/2015 PART I – PRELIMINARY Citation and coming into force 1. (1) These Regulations may be cited as the Civil Aviation (General Provisions) Regulations, 2015 and applies to all the Civil Aviation Regulations. (2) These egulations shall come into force on the date of their publication in the Official Gazette. Interpretation 2. When the following terms are used in the Civil Aviation (Aircraft Registration and Marking) Regulations, they have the following meanings: “Authority” means Rwanda Civil Aviation Authority established under the Laws of Rwanda; PART II – EXEMPTIONS Exemptions 3. No person may introduce procedures contrary to those prescribed in the Civil Aviation Regulations, unless needed and an equivalent safety case has first been approved by the Authority. Requirement for exemption application 4. (1) A person may apply to the Authority for an exemption from any of the Civil Aviation Regulations. (2) An application for an exemption shall be submitted at least sixty days in advance of the proposed effective date, to obtain timely review. (3) A request for an exemption must contain the applicant’s: (a) name; (b) physical address (c) Contact details (4) The application shall be accompanied by a fee prescribed in Civil Aviation (Fees and Charges) for technical evaluation. 7 Official Gazette nº 21bis of 25/05/2015 Contents of exemption application 5. (1) An application for an exemption shall contain the following: (a) a citation of the specific requirement from which the applicant seeks exemption; (b) an explanation of why the exemption is needed; (c) a description of the type of operations to be conducted under the proposed exemption; (d) the proposed duration of the exemption; (e) an explanation of how the exemption would be in the public interest, that is, benefit the public as a whole; (f) a detailed description of the alternative means by which the applicant will ensure a level of safety equivalent to that established by the regulation in question; (g) a review and discussion of any known safety concerns with the requirement, including information about any relevant accidents or incidents of which the applicant is aware; and (h) if the applicant seeks to operate under the proposed exemption outside of Rwanda airspace, the application must indicate whether the exemption would contravene any provision of the Standards and Recommended Practices of the International Civil Aviation Organization (ICAO) as well as the Regulations pertaining to the airspace in which the operation will occur. (2) Where the applicant seeks emergency processing, the application must contain supporting facts and reasons that the application was not timely filed, and the reasons it is an emergency. (3) The Authority may deny an application if the Authority finds that the applicant has not justified the failure to apply for an exemption in a timely fashion. 6. (1) The Authority shall review the application for accuracy and compliance with the requirements of regulations 4 and 5. (2) If the application appears on its face to satisfy the provisions of this regulation and the Authority determines that a review of its merits is justified, the Authority will publish a detailed summary of the application in an aeronautical information circular or at least one local daily newspaper for comment and specify the date by which comments shall be received by the Authority for consideration. (3) Where the filing requirements of regulations 4 and 5 have not been met, the Authority will notify the applicant and take no further action until and unless the applicant corrects the application and re-files it in accordance with the Civil Aviation Regulations. (4) If the request is for emergency relief, the Authority shall publish the application and the Authority’s decision as soon as possible after processing the application. (5) All exemptions granted in accordance with these regulations shall be recorded and retained by the Authority. Initial review by the Authority Evaluation of the request 7. (1) After initial review, if the filing requirements have been satisfied, the Authority shall conduct an evaluation of the request to include: (a) determination of whether an exemption would be in the public interest; (b) a determination, after a technical evaluation of whether the applicant’s proposal would provide a level of safety equivalent to that established by the regulation, although where the Authority decides that a technical evaluation of the request would impose a significant burden on the Authority’s technical resources, the Authority may deny the exemption on that basis; (c) a determination of whether a grant of the exemption would contravene the applicable Civil Aviation Regulations and ICAO Standards and Recommended Practices; and 8 Official Gazette nº 21bis of 25/05/2015 (d) a recommendation based on the preceding elements, of whether the request should be granted or denied, and of any conditions or limitations that should be part of the exemption. (2) The Authority shall notify the applicant by letter and publish a detailed summary of its evaluation and decision to grant or deny the request. (3) The summary referred to in sub-regulation (2) shall specify the duration of the exemption and any conditions or limitations of the exemption. (4) If the exemption affects a significant population of the aviation community of Rwanda the Authority shall publish the summary in aeronautical information circular. (5) All exemptions granted in accordance with these regulations shall be recorded and retained by the Authority. PART III – GENERAL Possession of the licence 8. (1) A holder of a licence, certificate or authorization or other document issued by the Authority shall have in his physical possession or at the work site when exercising the privileges of that licence, certificate, authorization or such other document. (2) A flight crew of a foreign registered aircraft shall hold a valid licence, certificate or authorization and have in his physical possession or at the work site when exercising the privileges of that licence, certificate or authorization. (3) A holder of an operator certificate shall display a valid certificate issued to him to the public at all times. Drug and alcohol testing and reporting 9. (1) Any person who performs any function related to operation of aircraft under the Civil Aviation Regulations may be tested for drug or alcohol usage. (2) The Authority may prohibit any person who: (a) tests positive for drug or alcohol usage; (b) refuses to submit to a test; or (c) refuses to furnish or to authorize the release of the test results requested by the Authority from carrying out the functions related to operation of aircraft. Inspection of licences and certificates 10. A person who holds a licence, certificate, authorization or other document required by the Civil Aviation Regulations shall present it for inspection upon a request from the Authority or any person authorized by the Authority. Change of name 11. (1) A holder of a licence, certificate, authorization or other document issued under the Civil Aviation Regulations may apply to change the name on a licence, certificate, authorization or such other document. (2) The holder shall include with any such request: (a) the current licence, certificate, authorization or such other document sought to be amended; and (b) a court order, or other legal document verifying the name change. (3) The Authority may change the licence, certificate, authorization or such other document and issue a replacement thereof; (4) The Authority shall return to the holder the original documents specified in sub- regulation 2(b) and retain copies thereof and return the replaced licence, certificate or authorization with the appropriate endorsement. (5) A licence, certificate, authorization or other document issued to a person under the Civil Aviation Regulations is not transferable. Change of address 12. (1) A holder of a certificate, or authorization issued under the Civil Aviation Regulations shall notify the Authority of the change in the physical and mailing 9 Official Gazette nº 21bis of 25/05/2015 address and shall do so in the case of: (a) physical address, at least fourteen days in advance; and (b) mailing address upon the change; (2) A person who does not notify the Authority of the change in the physical address within the time frame specified in sub-regulation (1) shall not exercise the privileges of the certificate or authorization. Replacement of documents 13. A person may apply to the Authority in the prescribed form for replacement of documents issued under the Civil Aviation Regulations if the documents are lost or destroyed. Certificate Suspension and Revocations 14. (1) The Authority may, where it considers it to be in the public interest, suspend provisionally, pending further investigation, any certificate, approval, permission, exemption, authorization or other document issued, granted or having effect under the Civil Aviation Regulations. (2) The Authority may, upon the completion of an investigation which has shown sufficient ground to its satisfaction and where it considers it to be in the public interest, revoke, suspend, or vary any certificate, approval, permission, exemption or other document issued or granted under the Civil Aviation Regulations. (3) The Authority may, where it considers it to be in the public interest, prevent any person or aircraft from flying. (4) A holder or any person having the possession or custody of any certificate, approval, permission, exemption or other documents which has been revoked, suspended or varied under the Civil Aviation Regulations shall surrender it to the Authority within 14 days from the date of revocation, suspension or variation. (5) The breach of any condition subject to which any certificate, approval, permission, exemption or any other document has been granted or issued under the Civil Aviation Regulations shall render the document invalid during the continuance of the breach. Appointment and powers of aviation safety inspectors 15. (1) The Authority may appoint aviation safety inspectors for the purpose of securing compliance with the provisions of the Civil Aviation Regulations and any terms or conditions attached to a licence, certificate, approval, permission, exemption, authorization or other document issued, granted or having effect under the Civil Aviation Regulations. (2) An aviation safety inspector may at any time and on production, if required, of his authority- (a) enter and inspect any premises on which he has reasonable cause to believe that the person or undertaking is being carried on in contravention of the Civil Aviation Regulations; (b) examine and take copies of any books, accounts and documents found in those premises relating to or appearing to relate to the business of an operator; (c) seize any books, accounts or documents found in those premises relating to or appearing to relate to the person or undertaking in relation with the Civil Aviation Regulations; (d) question any person who appears to him to be engaged in, or carrying on, or employed on those premises on any matter concerning the application of or compliance with the Civil Aviation Regulations or any terms or conditions attached to a licence, certificate, approval, permission, exemption, authorization or other document issued, granted or having effect under the Civil Aviation Regulations; (e) require, by notice in writing, any person who appears to him to be engaged in or carrying on a business under the Civil Aviation Regulations 10 Procedures on detention or recall of aircraft Official Gazette nº 21bis of 25/05/2015 to produce to him at such time and place as he may specify in the notice any books, accounts and documents relating to the said business; and (f) board or detain an aircraft or recall an aircraft already in flight and search such aircraft if he has reasonable grounds to suspect that the aircraft is being used in contravention of the Civil Aviation Regulations or that it contains any matter which may be used as evidence in respect of an offence under the Civil Aviation Regulations. 16. (1) Where an authorized person, including an aviation safety inspector, detains an aircraft or recalls an aircraft already in flight, he shall, unless he is of the opinion that due to the nature of the offence the aircraft is likely to be allowed to proceed on its flight within a period not exceeding three hours, immediately report such detention or recall to the Director-General; provided that under no circumstances shall an aviation safety inspector or an authorized person detain an aircraft for more than three hours from the time of its intended departure or from the time of landing after being recalled unless such longer detention has been authorized by the Director-General under this regulation. (2) On receipt of a report under this regulation the Director General may, pending further investigation, order the detained aircraft to proceed on its flight whether or not an offence has been committed in respect thereof. (3) The Director-General may, in writing, delegate to any person any of his powers under sub-regulation (1) and (2). Detention 17. (1) An authorized person, including an aviation safety inspector, may give a detention direction in respect of an aircraft if he is of the opinion that- (a) a person has failed to comply or is likely to fail to comply with a requirement of the Civil Aviation Regulations in respect of the aircraft; (b) a person has failed to comply with a requirement of an enforcement notice in respect of the aircraft; (c) a threat has been made to commit an act of violence against the aircraft or against any person or property on board the aircraft; or (d) an act of violence is likely to be committed against the aircraft or against any person or property on board the aircraft. (2) A detention direction in respect of an aircraft- (a) shall be given in writing to the operator of the aircraft; and (b) shall require him to take steps to ensure that the aircraft does not fly while the direction is in force. (3) An authorized person who has given a detention direction in respect of an aircraft may do anything which he considers necessary or expedient for the purpose of ensuring that the aircraft does not fly while the direction is in force; in particular, the authorized person may- (a) enter the aircraft; (b) arrange for another person to enter the aircraft; (c) arrange for a person or thing to be removed from the aircraft; (d) use reasonable force; (e) authorize the use of reasonable force by another person. (4) Notwithstanding regulation 27, the operator of an aircraft in respect of which a detention direction is given may object to the direction in writing to the Minister within five days from the beginning of the detention. (5) On receipt of an objection to a detention direction under sub-regulation (4) the Minister shall- (a) consider the objection; (b) allow the person making the objection and the authorized person who gave the direction an opportunity to make written or oral representations to the Minister or to a person appointed by him; 11 Use and retention of certificates and records Official Gazette nº 21bis of 25/05/2015 (c) confirm, vary or cancel the direction; and (d) give notice of his decision in writing to the person who made the objection and to the authorized person who gave the direction; the decision of the Minister under this regulation shall be final and conclusive, and shall not be capable of further appeal. (6) A detention direction in respect of an aircraft shall continue in force until- (a) an authorized person cancels it by notice in writing to the operator of the aircraft, or (b) the Minister cancels it under sub-regulation (5)(c). (7) A person commits an offence if- (a) without reasonable excuse he fails to comply with a requirement of a detention direction; or (b) he intentionally obstructs a person acting in accordance with sub- regulation (3). (8) An organization guilty of an offence under sub-regulation (7) shall be liable to imprisonment for a term not exceeding five (5) years. (9) A detention direction may be given in respect of- (a) any aircraft in Rwanda; and (b) any aircraft registered or operating in Rwanda. (10) A detention direction may be given in respect of a class of aircraft; and for that purpose: (a) a reference to "the aircraft" in sub-regulation (1) shall be treated as a reference to all or any of the aircraft within the class, and (b) sub-regulations (2) to (9) shall apply as if the direction were given in respect of each aircraft within the class. 18. (1) A person shall not: (a) use any certificate, approval, permission, exemption or other document issued or required by or under the Civil Aviation Regulations which has been forged, altered, revoked, or suspended, or to which he is not entitled; or (b) forge or alter any certificate, approval, permission, exemption or other document issued or required by or under the Civil Aviation Regulations; or (c) lend any certificate, approval, permission, exemption or other document issued or required by or under the Civil Aviation Regulations to any other person; or (d) make any false representation for the purpose of procuring for himself or any other person the issue renewal or variation of any such certificate, approval, permission or exemption or other document. (2) During the period for which it is required under the Civil Aviation Regulations to be preserved, a person shall not mutilate, alter, render illegible or destroy any records, or any entry made therein, required by or under the Civil Aviation Regulations to be maintained, or knowingly make, or procure or assist in the making of, any false entry in any such record, or wilfully omit to make a material entry in such record. (3) All records required to be maintained by or under the Civil Aviation Regulations shall be recorded in a permanent and indelible material. (4) A person shall not purport to issue any certificate, document or exemption under the Civil Aviation Regulations unless he is authorized to do so by the Authority. (5) A person shall not issue any certificate of the kind referred to in sub-regulation (4) unless he has satisfied himself that all statements in the certificate are correct, and that the applicant is qualified to hold that certificate. (6) Any person who contravenes any provision of this regulation shall be guilty of an offence and shall on conviction be liable for each offence to imprisonment for a 12 Official Gazette nº 21bis of 25/05/2015 term not exceeding five years. Reports of violation 19. (1) Any person who knows of a violation of the Civil Aviation Regulations, any amendment thereto, rule or order issued thereunder, shall report it to the Authority. (2) The Authority will determine the nature and type of any additional investigation or enforcement action that need be taken. Enforcement of Regulations and directions 20. (1) Any person who fails to comply with any direction given to him by the Authority or by any authorized person under any provision of the Civil Aviation Regulations shall be deemed for the purposes of the Civil Aviation Regulations to have contravened that provision. (2) When during audits or by other means evidence is found showing noncompliance with any of the requirements of these regulations, the Authority shall take the following actions: (a) For level 1 non conformance findings, immediate action shall be taken by Authority to revoke, limit or suspend in whole or in part, depending upon the extent of the level 1 finding, licence, certificate, approval, permit, authorization, permission, exemption or other document, until successful corrective action has been taken by the organisation or the individual holder. (b) For level 2 non conformance findings, the corrective action period granted by the Authority shall be appropriate to the nature of the finding but in any case initially must not be more than three months. In certain circumstances and subject to the nature of the finding the Authority may extend the three month period subject to a satisfactory corrective action plan agreed by the Authority. (c) Action shall be taken by the Authority to suspend in whole or part the approval in case of failure to comply within the timescale granted by the Authority. Contravention of Regulations 21. Any person who contravenes any provision of the Civil Aviation Regulations of Rwanda may have his licence, certificate, approval, permit, authorization, permission, exemption or other document revoked or suspended. Aeronautical user fees 22. (1) The Authority may notify the fees to be charged in connection with the issue, validation, renewal, extension or variation of any certificate, licence or other document, including the issue of a copy or duplicate 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 Civil Aviation Regulations any orders, notices or proclamations made thereunder. (2) Upon an application being made in connection with which any fee is chargeable in accordance with the provisions of sub-regulation (1), the applicant shall be required, before the application is entertained, to pay the fee so chargeable. (3) If, after that payment has been made, the application is withdrawn by the applicant or otherwise ceases to have effect or is refused, the Authority shall not refund the payment made. (4) No refund of any fee shall be paid in respect of a certificate, licence or other document before its normal date of expiry. Application of regulations to Government and visiting 23. (1) The Civil Aviation Regulations shall apply to aircraft, not being military aircraft, belonging to or exclusively employed in the service of the Government, and for the purposes of such application, the Department or other authority for the time being responsible for management of the aircraft shall be deemed to be the 13 forces, etc. Official Gazette nº 21bis of 25/05/2015 operator of the aircraft, and in the case of an aircraft belonging to the Government, to be the owner of the interest of the Government in the aircraft. (2) Except as otherwise expressly provided, the naval, military and air force authorities and member of any visiting force and property held or used for the purpose of such a force shall be exempted from the provision of the Civil Aviation Regulations to the same extent as if the visiting force formed part of the military force of Rwanda. Extra-territorial application of Regulations 24. Except where the context otherwise requires, the provisions of the Civil Aviation Regulations— (a) in so far as they apply (whether by express reference or otherwise) to aircraft registered in Rwanda, shall apply to such aircraft wherever they may be; (b) in so far as they apply (whether by express reference or otherwise) to other aircraft, shall apply to such aircraft when they are within Rwanda; (c) in so far as they prohibit, require or regulate (whether by express reference or otherwise) the doing of anything by any person in, or by any of the crew of, any aircraft registered in Rwanda, shall apply to such persons and crew, wherever they may be; and (d) in so far as they prohibit, require or regulate (whether by express reference or otherwise) the doing of anything in relation to any aircraft registered in Rwanda by other persons shall, where such persons are citizens of Rwanda, apply to them wherever they may be. Flights over any foreign country 25. (1) The operator or pilot-in-command of an aircraft registered in Rwanda (or, if the operator’s principal place of business or permanent residence is in Rwanda, any other aircraft) which is being flown over any foreign State shall not allow that aircraft to be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to that State. (2) A person does not contravene sub-regulation (1) if he neither knew nor suspected that the aircraft was being or was to be used for a purpose referred to in sub- regulation (1). (3) The operator or pilot in command of an aircraft registered in Rwanda (or, if the operator’s principal place of business or permanent residence is in Rwanda, any other aircraft) which is being flown over any foreign State shall comply with any directions given by the appropriate aeronautical authorities of that State whenever: a) b) there are reasonable grounds for the appropriate aeronautical authorities to believe that the aircraft is being or will be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to that State; unless the lives of persons on board or the safety of the aircraft would thereby be endangered. the flight has not been duly authorized; or (4) A person does not contravene sub-regulation (3) if he neither knew nor suspected that directions were being given by the appropriate aeronautical authorities. (5) The requirement in sub-regulation (3) is without prejudice to any other requirement to comply with directions of an aeronautical authority. (6) In this regulation “appropriate aeronautical authorities” includes any person, whether a member of a country’s military or civil authorities, authorized under the law of the foreign State to issue directions to aircraft flying over that State. Aircraft under an agreement for transfer of 26. Notwithstanding any provision to the contrary in the Civil Aviation Regulations of Rwanda, in case of an aircraft under an Agreement for Transfer of Functions and Duties in Accordance with Article 83 bis of the Chicago Convention – 14 functions and duties in accordance with article 83 bis of the Chicago Convention Official Gazette nº 21bis of 25/05/2015 (a) the Civil Aviation Regulations apply to a foreign-registered aircraft operated by a Rwanda operator and to organizations performing any functions or duties in respect of the aircraft if the requirements set out in the Civil Aviation Regulations are specifically included under the terms of an agreement in force between Rwanda and another Contracting State in accordance with Article 83 bis of the Convention; (b) the Civil Aviation Regulations do not apply to a Rwanda aircraft operated by a foreign operator or to persons performing any functions or duties in respect of the aircraft if the requirements set out in the Civil Aviation Regulations are specifically excluded under the terms of an agreement in force between Rwanda and another Contracting State in accordance with Article 83 bis of the Convention; (c) if the responsibility set out in Article 31 of the Convention to issue or to render valid a certificate of airworthiness for a Rwanda aircraft is transferred to another Contracting State in accordance with Article 83 bis of the Convention, the certificate of airworthiness for that aircraft shall cease to have effect upon commencement of the transfer; (d) the registered owner of the aircraft shall surrender the certificate of airworthiness to the Authority, when notified by the Authority that an agreement in accordance with Article 83 bis of the Convention has been entered into, within seven days after the coming-into-force date of the agreement; (e) upon termination of a transfer to another Contracting State, in accordance with Article 83 bis of the Convention, of the responsibility to issue or to render valid a certificate of airworthiness for a Rwanda aircraft as set out in Article 31 of the Convention, the Authority shall reinstate the certificate of airworthiness if the registered owner of the aircraft complies with the requirements on airworthiness of the Civil Aviation Regulations; (f) if an agreement for the lease, charter or interchange of an aircraft or any similar arrangement, subject to an agreement in accordance with Article 83 bis of the Convention, is terminated on a date earlier than the date of expiration set out in the agreement or arrangement, the Rwanda operator of the aircraft if it is a foreign-registered aircraft or the registered owner of the aircraft if it is a Rwanda aircraft shall inform the Authority in writing of the actual date of termination within seven days of its occurrence; (g) if an aircraft that is subject to an agreement for the lease, charter or interchange of an aircraft or any similar arrangement is also subject to an agreement in accordance with Article 83 bis of the Convention to which Rwanda is not a party and is operated in Rwanda, any references in the Civil Aviation Regulations to the "State of registry" with respect to the transferred responsibilities shall be interpreted to read "State of the operator"; (h) if Rwanda enters into an agreement in accordance with Article 83 bis of the Convention, the agreement and the sub-regulations in this regulation shall take precedence over any conflicting provisions of the Civil Aviation Regulations of Rwanda. 15 Official Gazette nº 21bis of 25/05/2015 Service 27. Any notice or other document required or authorized by any provision of the Civil Aviation Regulations of Rwanda to be served on or given to any person may be served or given— (a) by delivering it to that person; (b) by leaving it at his usual or last-known residence or place of business, whether in Rwanda or elsewhere; (c) by sending it to him by post at that address; or (d) by sending it to him at that address by telex, by facsimile transmission or other similar means which produce a document containing a text of the communication, in which event the document shall be regarded as served when it is received. PART IV – REVISION OF DECISIONS Revision 28. (1) Subject to regulation 17(4), any person who is aggrieved by any action, requirement or decision taken as the case may be, by the Authority in terms of the Law Governing Civil Aviation and the Civil Aviation Regulations may, within a period of 14 days from the date upon which he is informed in writing of that action, requirement or decision, lodge a notice with the Appeal committee provided for under Article 27 of the Law No. 75/2013 of 11/9/2013 Governing Civil Aviation. (sé) Dr NZAHABWANIAMANA Alexis Minister of State in charge of Transport Seen and sealed with the Seal of the Republic: (sé) BUSINGYE Johnston Minister of Justice/Attorney General 16 Official Gazette nº 21bis of 25/05/2015 ANNEX II TO THE MINISTERIAL REGULATIONS Nº 02/MOS/TRANS/015 OF 08/04/2015 IMPLEMENTING THE LAW Nº 75/2013 OF 11/09/2013 ESTABLISHING REGULATION GOVERNING CIVIL AVIATION CIVIL AVIATION (AIRWORTHINESS) REGULATIONS 2015 ARRANGEMENT OF REGULATIONS PART I - PRELIMINARY Regulation 1. 2. 3. Citation. Interpretation Application. PART II - AIRCRAFT AND COMPONENT ORIGINAL CERTIFICATION AND SUPPLEMENTAL TYPE CERTIFICATES Design and manufacture and proof of compliance with the appropriate airworthiness requirements Acceptance of type certificate. Acceptance of production. Issue of supplemental type certificate PART III – CERTIFICATES OF AIRWORTHINESS Application for certificate of airworthiness. Certificate of airworthiness to be in force. Classifications of certificates of airworthiness. Amendment of certificates of airworthiness. Surrender of certificate of airworthiness. Validity of a Certificate of airworthiness and damage to aircraft. Aircraft identification. Issue of certificates of airworthiness. Airworthiness directives and service bulletins. Issue of restricted certificates of airworthiness. Issue of special flight permits. Export Certificate of Airworthiness Conditions on the special flight permit. Certificate of fitness for flight. PART IV – CONTINUING AIRWORTHINESS OF AIRCRAFT AND AIRCRAFT COMPONENTS Responsibility for maintenance. Continuing airworthiness information. Compliance with the manufacturer’s instructions. Reporting of failures, malfunctions, and defects. 17 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Official Gazette nº 21bis of 25/05/2015 PART V - AIRCRAFT MAINTENANCE AND INSPECTION Persons authorized to perform maintenance, preventive maintenance and modification. Personnel authorized to approve for return to service. Persons authorized to perform inspections. Preventive maintenance limitations Performance rules: maintenance. Performance rules: inspection. Airworthiness limitation: performance rules. Aircraft mass schedule Compass swing PART VI – AIRCRAFT NOISE AND ENGINE EMISSIONS Requirements of noise certification Issue, suspension revocation of aircraft noise certificate Engine emissions PART VII – MAINTENANCE RECORDS AND ENTRIES Keeping of certificate of release to service records. Technical logbook. Aircraft, engine and propeller log books Records of maintenance. Records of overhaul and rebuilding. Approval for return to service. Content, form, and disposition of records for inspections. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. _______ SCHEDULES _______ 18 Official Gazette nº 21bis of 25/05/2015 FIRST SCHEDULE Certificate of airworthiness SECOND SCHEDULE A. Preventive Maintenance B. Inspection THIRD SCHEDULE Aircraft noise certification classifications FOURTH SCHEDULE Aircraft, engine and propeller log books FIFTH SCHEDULE Major repair and modification form SIXTH SCHEDULE Aircraft Mass Schedule 19 Official Gazette nº 21bis of 25/05/2015 20 Official Gazette nº 21bis of 25/05/2015 CIVIL AVIATION (AIRWORTHINESS) REGULATIONS 2015 PART I - PRELIMINARY Citation 1. These Regulations may be cited as Civil Aviation (Airworthiness) Regulations 2015. Interpretation 2. When the following terms are used in the Civil Aviation (Airworthiness) Regulations, they have the following meanings: “aeronautical product” means any aircraft, aircraft engine, propeller or subassembly, appliance, material, part, or component to be installed thereon; “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; “acceptable” means the Authority has reviewed the method, procedure, or policy and has neither objected to nor approved its proposed use or implementation; “afterburning” means a mode of engine operation wherein a combustion system fed (in whole or part) by vitiated air is used; “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; “aircraft component” means any component part of an aircraft up to and including a complete engine or any operational or emergency equipment; “aircraft type” means all aircraft of the same basic design including all modifications thereto except those modifications which result in change in handling or flight characteristics; “airframe” means the fuselage, booms, nacelles, cowlings, fairings, airfoil surfaces including rotors (but excluding propellers and rotating airfoils of a power-plant), and landing gear of an aircraft and their accessories and controls; “airworthy” means the status of an aircraft, engine, propeller or part when it confirms to its approved design and is in condition for safe operation; “ anticipated operating conditions” means those conditions which are known from experience or which can be reasonably envisaged to occur during the operational life of the aircraft taking into account the operations for which the aircraft is made eligible, the conditions so considered being relative to the meteorological state of the atmosphere, to the configuration of terrain, to the functioning of the aircraft, to the efficiency of personnel and to all the factors affecting safety in flight. Anticipated operating conditions do not include: a) those extremes which can be effectively avoided by means of operating procedures; and b) those extremes which occur so infrequently that to require the Standards to be met in such extremes would give a higher level of airworthiness than experience has shown to be necessary and practical; instrument, mechanism, equipment, part, apparatus, “appliance” means any appurtenance, or accessory, including communications equipment, that is used or intended to be used in operating or controlling an aircraft in flight, is installed in or attached to the aircraft, and is not part of an airframe, engine or propeller; “approach phase” means the operating phase defined by the time during which the engine is operated in the approach operating mode; “appropriate airworthiness requirements”. The comprehensive and detailed airworthiness codes established, adopted or accepted by a Contracting State for the class of aircraft, engine or propeller under consideration; “approved” means accepted by the Contracting State as suitable for a particular purpose; “approved by the Authority” means approved by the Authority directly or in 21 Official Gazette nº 21bis of 25/05/2015 those aircraft systems drawing aircraft systems” means accordance with a procedure approved by the Authority; “approved maintenance programme” means a maintenance programme approved by the State of Registry; “approved data” means technical information approved by the Authority; “approved maintenance organisation (AMO)” means an organisation approved by the Authority and operating under supervision approved by the Authority in accordance with the Civil Aviation (AMO) Regulations to perform aircraft maintenance activities including the inspection, overhaul, maintenance, repair or modification and release to service of aircraft or aircraft component; “article” means any item, including but not limited to, an aircraft, airframe, aircraft engine, propeller, appliance, accessory, assembly, subassembly, system, subsystem, component, unit, product, or part; “associated electrical/pneumatic power from an auxiliary power unit during ground operations. “Authority” means the Rwanda Civil Aviation Authority established under the Laws of Rwanda; “auxiliary power-unit (APU)” means a self-contained power-unit on an aircraft providing electrical/pneumatic power to aircraft systems during ground operations; “balloon” means a non-power-driven lighter-than-air aircraft; “bypass ratio” means the ratio of the air mass flow through the bypass ducts of a gas turbine engine to the air mass flow through the combustion chambers calculated at maximum thrust when the engine is stationary in an international standard atmosphere at sea level; “calendar day” means the period of elapsed time using Co-ordinated Universal Time or local time, that begins at midnight and ends 24 hours later in the next midnight; “category A” means with respect to helicopters, means a multi-engine helicopter designed with engine and system isolation features specified in Part IVB of Annex 8 to the Chicago convention and capable of operations using take-off and landing data scheduled under a critical engine failure concept which assures adequate designated surface area and adequate performance capability for continued safe flight or safe rejected take-off; “category B” means with respect to helicopters, means a single-engine or multi- engine helicopter which does not meet Category A standards. Category B helicopters have no guaranteed capability to continue safe flight in the event of an engine failure, and a forced landing is assumed; “certificate of release to service” means a document containing a certification that inspection and maintenance work has been performed satisfactorily in accordance with the methods prescribed by the Authority; “climb phase” means the operating phase defined by the time during which the engine is operated in the climb operating mode; “configuration (as applied to the aeroplane)” means a particular combination of the positions of the moveable elements, such as wing flaps and landing gear, etc., that affect the aerodynamic characteristics of the aeroplane; “continuing airworthiness” means 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; “critical engine(s)” means any engine whose failure gives the most adverse effect on the aircraft characteristics relative to the case under consideration. Note. — On some aircraft there may be more than one equally critical engine. In this case, the expression “the critical engine” means one of those critical engines; “date of manufacture” means the date of issue of the document attesting that the individual aircraft or engine as appropriate conforms to the requirements of the type or the date of an analogous document; “derivative version” means an aircraft gas turbine engine of the same generic family as an originally type-certificated engine and having features which retain the basic 22 Official Gazette nº 21bis of 25/05/2015 core engine and combustor design of the original model and for which other factors, as judged by the certificating authority, have not changed; Note.— Attention is drawn to the difference between the definition of A derived version of an aeroplane and the definition of a derivative version in these Regulations; “design landing mass” means the maximum mass at which the aircraft, for structural design purposes, it will be planned to land; “design take-off mass” means the maximum mass at which the aircraft, for structural design purposes, is assumed to be planned to be at the start of the take-off run; “design taxing mass” means the maximum mass of the aircraft at which structural provision is made for load liable to occur during use of the aircraft on the ground prior to the start of take-off; “discrete source damage” means structural damage of the aeroplane that is likely to result from: impact with a bird, uncontained fan blade failure, uncontained engine failure, uncontained high-energy rotating machinery failure or similar causes; “derived version of a helicopter” means a helicopter which, from the point of view of airworthiness, is similar to the noise certificated prototype but incorporates changes in type design which may affect its noise characteristics adversely; Note 1. — In applying the Standards of these Regulations, a helicopter that is based on an existing prototype but which is considered by the certificating authority to be a new type design for airworthiness purposes shall nevertheless be considered as a derived version if the noise source characteristics are judged by the certificating authority to be the same as the prototype. Note 2.— “Adversely” refers to an increase of more than 0.30 EPNdB in any one of the noise certification levels for helicopters certificated according to Part VI and 0.30 dB(A) in the certification level for helicopters certificated according to Chapter 11; “derived version of an aeroplane” means an aeroplane which, from the point of view of airworthiness, is similar to the noise certificated prototype but incorporates changes in type design which may affect its noise characteristics adversely; Note 1. — Where the certificating authority finds that the proposed change in design, configuration, power or mass is so extensive that a substantially new investigation of compliance with the applicable airworthiness regulations is required, the aeroplane should be considered to be a new type design rather than a derived version; Note 2. — “Adversely” refers to an increase of more than 0.10 dB in any one of the noise certification levels unless the cumulative effects of changes in type design are tracked by an approved procedure in which case “adversely” refers to a cumulative increase in the noise level in any one of the noise certification levels of more than 0.30 dB or the margin of compliance, whichever is smaller; “dry lease” means a lease of an aircraft without crew; “engine” means a unit used or intended to be used for aircraft propulsion. It consists of at least those components and equipment necessary for functioning and control, but excludes the propeller/rotors (if applicable); “exhaust nozzle” means in the exhaust emissions sampling of gas turbine engines where the jet effluxes are not mixed (as in some turbofan engines for example) the nozzle considered is that for the gas generator (core) flow only. Where, however, the jet efflux is mixed the nozzle considered is the total exit nozzle; “external equipment (helicopter)” means any instrument, mechanism, part, apparatus, appurtenance, or accessory that is attached to or extends from the helicopter exterior but is not used nor is intended to be used for operating or controlling a 23 Official Gazette nº 21bis of 25/05/2015 helicopter in flight and is not part of an airframe or engine; “facility” means a physical plant, including land, buildings, and equipment, which provide the means for the performance of maintenance, preventive maintenance, or modifications of any article; “factor of safety” means a design factor used to provide for the possibility of loads greater than those assumed, and for uncertainties in design and fabrication; “final approach and take-off area (FATO)” means 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; “fireproof” means the capability to withstand the application of heat by a flame for a period of 15 minutes. (Note. — The characteristics of an acceptable flame can be found in ISO 2685); “fire resistant” means the capability to withstand the application of heat by a flame for a period of 5 minutes. (Note. — The characteristics of an acceptable flame can be found in ISO 2685); “ flight time ” means a) for aeroplanes, the total time from the moment an aeroplane moves for the purpose of taking off until the moment it finally comes to rest at the end of the flight; b) for helicopter, the total time from the moment a helicopter’s rotor blades start turning until the moment a helicopter finally comes to rest at the end of the flight and the rotor blades are stopped; c) for gliders, the total time occupied in flight, whether being towed or not, from the moment the glider first moves for the purpose of taking off until the moment it comes to rest at the end of the flight; d) for airships or free balloon, the total time from the moment an airship or free balloon first becomes detached from the surface until the moment when it next becomes attached thereto or comes to rest thereon; “glider” means a non-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; “heavier-than-air aircraft” means any aircraft deriving its lift in flight chiefly from aerodynamic forces; “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; “human factors principles” means 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” means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations; “inspection” means the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority; “landing surface” means that part of the surface of an aerodrome which the aerodrome authority has declared available for the normal ground or water run of aircraft landing in a particular direction; “limit loads’ means the maximum loads assumed to occur in the anticipated operating conditions; “load factor” means the ratio of a specified load to the weight of the aircraft, the former being expressed in terms of aerodynamic forces, inertia forces, or ground reactions; “maintenance” means the performance of tasks required to ensure the continuing 24 Official Gazette nº 21bis of 25/05/2015 airworthiness of an aircraft, including any one or combination of overhaul, inspection, replacement, defect rectification, and embodiment of a modification or repair; “maintenance control manual” means a manual containing procedures, instructions and guidance for use by maintenance and concerned operational personnel in the execution of their duties; “maintenance programme” means a document which describes the specific scheduled maintenance tasks and their frequency of completion and related procedures, such as a reliability programme, necessary for the safe operation of those aircraft to which it applies; “major modification” means in respect of an aeronautical product for which a Type Certificate has been issued, a change in the type design that has an appreciable effect, or other than a negligible effect, on the mass and balance limits, structural strength, power plant operation, flight characteristics, reliability, operational characteristics, or other characteristics or qualities affecting the airworthiness or environmental characteristic of an aeronautical product; “major repair” means a repair of an aeronautical product that might appreciably affect the structural strength, performance, power plant, operation flight characteristics or other qualities affecting airworthiness or environmental characteristics or that will be embodied in the product using non-standard practices; “modification” means a change to the type design of an aircraft or aeronautical product which is not a repair; “ overhaul” means the restoration of an aircraft or aircraft component using methods, techniques and practices acceptable to the Authority, including disassembly, cleaning and inspection as permitted, repair as necessary, and reassembly; and testing in accordance with approved standards and technical data, or in accordance with current standards and technical data acceptable to the Authority, which have been developed and documented by the State of Design, holder of the type certificate, supplemental type certificate, or a material, part, process, or appliance approval under Parts Manufacturing Authorization (PMA) or Technical Standard Order (TSO); “oxides of nitrogen” means the sum of the amounts of the nitric oxide and nitrogen dioxide contained in a gas sample calculated as if the nitric oxide were in the form of nitrogen dioxide; “performance class 1 helicopter” means a helicopter with performance such that, in case of engine failure, it is able to land on the rejected take off area or safely continue the flight to an appropriate landing area;- “performance class 2 helicopter” means a helicopter with performance such that, in case of engine failure, it is able to safely continue the flight, except when the failure occurs prior to a defined point after take-off or after a defined point before landing, in which cases a forced landing may be required; “performance class 3 helicopter” means a helicopter with performance such that, in case of engine failure at any point in the flight profile, a forced landing must be performed; “power-plant” means the system consisting of all the engines, drive system components (if applicable), and propellers (if installed), their accessories, ancillary parts, and fuel and oil systems installed on an aircraft but excluding the rotors for a helicopter; “pressure-altitude” means an atmospheric pressure expressed in terms of altitude which corresponds to that pressure in the Standard Atmosphere; “prescribed” means the Authority has issued written policy or methodology which imposes either a mandatory requirement, if the written policy or methodology states “shall,” or a discretionary requirement if the written policy or methodology states “may”; “preventive maintenance” means simple or minor preservation operations and the replacement of small standard parts not involving complex assembly operations; “propeller” means a device for propelling an aircraft that has blades on an engine 25 Official Gazette nº 21bis of 25/05/2015 driven shaft and that when rotated, produces by its action on the air, a thrust approximately perpendicular to its plane of rotation; it includes control components normally supplied by its manufacturer, but does not include main and auxiliary rotors or rotating airfoils of power-plants; “rating” means an authorization entered on or associated with a license or certificate and forming part thereof, stating special conditions, privileges or limitations pertaining to such license or certificate; “rated thrust” means for engine emissions purposes, the maximum take-off thrust approved by the certificating authority for use under normal operating conditions at ISA sea level static conditions, and without the use of water injection. Thrust is expressed in Kilonewtons; “rebuild” means the restoration of an aircraft or aircraft component by using methods, techniques, and practices acceptable to the Authority, when it has been disassembled, cleaned, inspected as permitted, repaired as necessary, reassembled, and tested to the same tolerances and limits as a new item, using either new parts or used parts that conform to new part tolerances and limits; “recertification” means Certification of an aircraft with or without a revision to its certification noise levels, to a Standard different to that to which it was originally certificated; “reference pressure ratio” means the ratio of the mean total pressure at the last compressor discharge plane of the compressor to the mean total pressure at the compressor entry plane when the engine is developing take-off thrust rating in ISA sea level static conditions; “rendering (a certificate of airworthiness) valid” means the action taken by a Contracting State, as an alternative to issuing its own Certificate of Airworthiness, in accepting a Certificate of Airworthiness issued by any other Contracting State as the equivalent of its own Certificate of Airworthiness; “repair” means restoration of an aeronautical product to an airworthy condition to ensure that the aircraft continues to comply with the design aspects of the appropriate airworthiness requirements used for the issuance of the a type certificate for respective aircraft type, after it has been damaged or subjected to wear; “safety management system (SMS)”means a systematic approach to managing safety, including the necessary organizational structures, accountabilities, policies and procedures; “satisfactory evidence” means a set of documents or activities that a Contracting State accepts as sufficient to show compliance with an airworthiness requirement; “self-sustaining powered sailplane” means a powered aeroplane with available engine power which allows it to maintain level flight but not to take off under its own power; “signature” means an individual’s unique identification used as a means of authenticating any record entry or a maintenance record; a signature may be hand- written, electronic or any other form acceptable to the Authority; “smoke” means the carbonaceous materials in exhaust emissions which obscure the transmission of light; “smoke number” means the dimensionless term quantifying smoke emissions; “specific operating provisions” means a document describing the ratings, Class and or Limited, in detail and containing or referencing material and process specifications used in performing repair work, along with any limitations applied to an approved maintenance organisation; “standard” means an object, artefact, tool, test equipment, system or experiment that stores, embodies, or otherwise provides a physical quantity which serves as the basis for measurement of the quantity; it also includes a document describing the operations and processes that must be performed in order for a particular end to be achieved; 26 Official Gazette nº 21bis of 25/05/2015 “standard atmosphere” means an atmosphere defined as follows: a) the air is a perfect dry gas; b) the physical constants are: — Sea level mean molar mass: M0 = 28.964 420 × 10 kg mol–1 — Sea level atmospheric pressure: P0 = 1 013.250 hPa — Sea level temperature: t0 = 15°C,T0 = 288.15 K — Sea level atmospheric density: ρ0 = 1.225 0 kg m–3 — Temperature of the ice point: Ti = 273.15 K — Universal gas constant: R* = 8.314 32 JK–1mol–1 c) Temperature gradient standard geopotential kilometre) (Kelvin per altitude the temperature gradients are: Geopotential (km) From -5.0 11.0 20.0 32.0 47.0 51.0 71.0 To 11.0 20.0 32.0 47.0 51.0 71.0 80.0 -6.5 0.0 +1.0 +2.8 0.0 -2.8 -2.0 d) The standard geopotential metre has the value 9.80665 m2 s-2 e) See doc 7488 for the relationship between the variable and for tables giving the corresponding values of temperature, pressure, density and geopotential. f) Doc 7488 also gives the specific weight, dynamic viscosity, kinematic viscosity and speed of sound at various altitude; “state of design” means a state having jurisdiction over the organization responsible for the type design; “state of manufacture” means a State having jurisdiction over the organization responsible for the final assembly of the aircraft; “state of registry” means a Contracting State on whose registry an aircraft is entered; Note- In the case of the registration of aircraft of an international operating agency on other than a national basis, the States constituting the agency are jointly and severally bound to assume the obligations which, under the Chicago Convention, attach to a State of Registry. See, in this regard, the Council Resolution of 14 December 1967 on Nationality and Registration of Aircraft Operated by International Operating Agencies which can be found in Policy and Guidance Material on the Economic Regulation of International Air Transport (Doc 9587); “subsonic aeroplane” means an aeroplane incapable of sustaining level flight at speeds exceeding flight Mach number of 1; “state safety programme. An integrated set of regulations and activities aimed at improving safety; “take-off phase” means the operating phase defined by the time during which the engine is operated at the rated thrust; “take-off surface” means that part of the surface of an aerodrome which the aerodrome authority has declared available for the normal ground or water run of aircraft taking off in a particular direction; “taxi/ground idle” means the operating phases involving taxi and idle between the initial starting of the propulsion engine(s) and the initiation of the take-off roll and between the time of runway turn-off and final shutdown of all propulsion engine(s); “type certificate” means a document issued by a Contracting State to define the design of an aircraft type and to certify that this design meets the appropriate 27 Official Gazette nº 21bis of 25/05/2015 airworthiness requirements of that State; “unburned hydrocarbons” means the total of hydrocarbon compounds of all classes and molecular weights contained in a gas sample, calculated as if they were in the form of methane; “ultimate load” means the limit load multiplied by the appropriate factor of safety; 28 Application 3. These Regulations shall apply to all persons operating or maintaining the following: Official Gazette nº 21bis of 25/05/2015 (a) (b) (c) Rwanda registered aircraft, wherever operated; aircraft registered in another Contracting State that are operated by a person licenced by the Authority, and which shall be maintained in accordance with the standards of the aircraft State of Registry, wherever that maintenance is performed; aircraft of other Contracting States operating in Rwanda. PART II - AIRCRAFT AND COMPONENT ORIGINAL CERTIFICATION AND SUPPLEMENTAL TYPE CERTIFICATES 4. Design and manufacture and proof of compliance with the appropriate airworthiness requirements (1) The design aspects of the appropriate airworthiness requirements, used by the Authority for type certification in respect of a class of aircraft or for any change to such type certification, shall be such that compliance with them will ensure compliance with the requirements which are at least equal to the applicable standards specified in the latest effective edition of Annex 8 – Airworthiness of Aircraft to the Chicago Convention. (2) There shall be an approved design consisting of such drawings, specifications, reports and documentary evidence as are necessary to define the design of the aircraft and to show compliance with the design aspects of the appropriate airworthiness requirements. (3) The design shall not have any features or characteristics that render it unsafe under the anticipated operating conditions. (4) The design shall have established limiting ranges whose variation may compromise the safe operation of the aircraft, aircraft components such as mass, centre of gravity location, load distribution, thrust, ambient air temperature and altitude, within which the compliance with all the pertinent standards in these regulations is shown. (5) The aircraft shall be subjected to such inspections and ground and flight tests as are deemed necessary by the Authority to show compliance with the design aspects of the appropriate airworthiness requirements. (6) The Authority shall take whatever other steps it deems necessary to ensure that the design approval is withheld if the aircraft is known or suspected to have dangerous features not specifically guarded against by those requirements. (7) If an aircraft is designed and/or manufactured in Rwanda, the Authority shall ensure compliance with the provisions concerning State of design and State of manufacture detailed in the latest effective edition of Chapter 4 of Annex 8 – Airworthiness of Aircraft to the Chicago Convention. (8) All necessary information for the safe and correct interfaces between the engine and the aircraft shall be made available including the installation instructions specifying those assumptions concerning the conditions that may be imposed on the engine when it is eventually installed in an aircraft. (9) The approved design of an aircraft under these regulations shall use extinguishing agents that are not listed in the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer as it appears in the Eighth Edition of the Handbook for the Montreal Protocol on Substances that Deplete the Ozone Layer, Annex A, Group II, in the aircraft fire suppression or extinguishing systems in the lavatories, engines and auxiliary power unit. Note. — Information concerning extinguishing agents is contained in the UNEP Halons Technical Options Committee Technical Note No. 1 — New Technology Halon Alternatives and FAA Report No. DOT/FAA/AR-99-63, Options to the Use of Halons for Aircraft Fire Suppression Systems. 29 Official Gazette nº 21bis of 25/05/2015 (10) A Contracting State issuing an approval for the design of a modification, of a repair or of a replacement part shall do so on the basis of satisfactory evidence that the aircraft is in compliance with the airworthiness requirements used for the issuance of the Type Certificate, its amendments or later requirements when determined by the State. Note 1. — While a repair may be completed and shown to be in compliance with the set of requirements that had been selected for the original type certification of the aircraft, some repairs may need to be shown to comply with the latest applicable certification requirements. In such cases, States may issue a repair design approval against the latest set of requirements for that aircraft type. Acceptance of type certificate 5. (1) The Authority may accept a type certificate or equivalent document issued by a State of design in respect of an aircraft or aircraft component if: (a) (b) the type certificate or equivalent document was issued based on an airworthiness code recognized by the Authority; or the design, materials, construction equipment, performance and maintenance of aircraft or aircraft component technical evaluation against a recognized airworthiness code has been carried out by the Authority and has been found to meet the required standards of an airworthiness code recognized by the Authority. (2) Upon acceptance of the type certificate by the Authority, the Authority may, prior to issue of standard or restricted certificate of airworthiness, require the applicant to comply with any additional requirements as prescribed by the Authority. (3) In accepting a type certificate, information for use in developing procedures for maintaining aircraft, and or aircraft component shall be available. (4) In this regulation, recognized airworthiness code means standards relating to the design, materials, construction equipment, performance and maintenance of aircraft or aircraft component issued by the State of design and accepted and prescribed by the Authority, in compliance with requirements which are at least equal to the applicable standards specified in the latest effective edition of Annex 8 – Airworthiness of Aircraft to the Chicago Convention,. Acceptance production of 6. The Authority shall only accept application for production of aircraft or aircraft component if the Authority is satisfied that: (a) (b) (c) (d) the work to be undertaken conforms to specified design as approved by the State of design; there is in place a suitable arrangement with the holder of a type certificate which ensures satisfactory co-ordination between production and design; there is acceptable arrangements for oversight by the State of design including the use of a quality system so that construction and assembly are satisfactory; and. records are maintained such that the identification of the aircraft and of the parts with their approved design and production can be established. Issue of supplemental type certificate 7. (1) A person who alters a product by introducing a major modification in type design, not great enough to require a new application for a type certificate shall apply for a supplemental type certificate to the regulatory agency of the State of design that approved the type certificate for that product, or to the State of registry of the aircraft. (2) An application for the supplemental type certificate shall be made in a form and manner prescribed by the Authority. 30 Official Gazette nº 21bis of 25/05/2015 PART III – CERTIFICATE OF AIRWORTHINESS Application of certificate of airworthiness 8. (1) An owner or his representative of an aircraft registered in Rwanda may apply to the Authority for issue of a certificate of airworthiness for that aircraft. (2) An applicant for a certificate of airworthiness shall apply on a form and in a manner prescribed by the Authority. Certificate of airworthiness to be in force 9. A person shall not fly an aircraft unless there is in force in respect of that aircraft a certificate of airworthiness or restricted certificate of airworthiness or a special flight permit duly issued or rendered valid under the law of the State of registry and any conditions subject to which the certificate was issued or rendered valid are complied with. Classifications of certificates of airworthiness 10. The certificates of airworthiness shall be classified as follows: (a) a certificate of airworthiness; (b) a restricted certificate of airworthiness in the form of a restricted certificate; (c) a special flight permit; and (d) export certificate of airworthiness. 11. 12. 13. Amendment of certificates of airworthiness Surrender of certificate of airworthiness Validity of a certificate of airworthiness and damage to aircraft The Authority may amend or modify any type of certificate of airworthiness issued under these Regulations upon application by an operator or on the Authority’s own initiative. An owner of an aircraft who sells the aircraft shall surrender the certificate of airworthiness or restricted certificate of airworthiness or special flight permit, as applicable: (a) to the buyer upon sale of the aircraft within Rwanda; or (b) to the Authority in the case of an aircraft sold outside Rwanda. (1) A certificate of airworthiness or restricted certificate of airworthiness issued or renewed under these Regulations remains in force during the period of twelve months or for the number of flights specified in it or, where no limit is specified, indefinitely, if the aircraft continues to meet the conditions subject to which the certificate of airworthiness or restricted certificate of airworthiness was issued unless: (a) a shorter period is specified by the Authority; (b) the Authority amends, extends, suspends, revokes or otherwise terminates the certificate; (c) the aircraft owner or operator surrenders the certificate to the Authority; in which cases the Authority shall be entitled to prevent the aircraft from flying. (2) A special flight permit shall be valid for a period of time specified in the permit. (3) A certificate of airworthiness or restricted certificate of airworthiness issued or renewed in respect of an aircraft shall cease to be in force, and the Authority shall be entitled to prevent the aircraft from flying, if: (a) the aircraft or such of its equipment as is necessary for the airworthiness of the aircraft is maintained or if any part of the aircraft or such equipment is removed or is replaced, otherwise than in a manner and with material of a type approved by the Authority either generally or in relation to a class of aircraft or to the particular aircraft; (b) the aircraft or any of its equipment is not maintained as required by the maintenance programme or schedule approved by the Authority in relation to that aircraft; 31 Official Gazette nº 21bis of 25/05/2015 (c) an inspection or modification classified as mandatory by the Authority applicable to the aircraft or of any such equipment as aforesaid, has not, been completed to the satisfaction of the Authority; or (d) subject to sub-regulation (4), the aircraft or any such equipment as aforementioned sustains damage and the damage is ascertained during inspection which affects the airworthiness of the aircraft; (4) When an aircraft not registered in Rwanda or any such equipment mentioned in sub-regulation 13(3)(a) has sustained damage of a nature, such that the aircraft might no longer be airworthy, and if the damage is sustained or ascertained when the aircraft is within Rwanda, the Authority shall prevent, if it sees fit, the aircraft from resuming its flight on the condition that the Authority shall advise the State of registry immediately, communicating to it all details necessary to formulate the judgment as to the nature of the damage in relation with the airworthiness of the aircraft; and (a) when the State of registry considers that the damage sustained is of a nature such that the aircraft is no longer airworthy, it: (i) shall prohibit the aircraft from resuming flight until it is restored to an airworthy condition; or (ii) may, however, in exceptional circumstances, prescribe particular limiting conditions to permit the aircraft to fly a non- commercial air transport operation to an aerodrome at which it will be restored to an airworthy condition, taking into account all limitations proposed by the Authority and the Authority shall permit such flight or flights within the prescribed limitations; or (b) when the State of registry considers that the damage sustained is of a nature such that the aircraft is still airworthy, the aircraft shall be allowed to resume its flight. (5) An application for issue or renewal of certificate of airworthiness shall be made in a form prescribed by the Authority not later than sixty days before the certificate expires. Aircraft identification 14. An applicant for a certificate of airworthiness or a restricted certificate of airworthiness or special flight permit shall show that the aircraft is properly registered and marked and has identification plates affixed to the aircraft. Issue of certificates of airworthiness 15. (1) A certificate of airworthiness shall be issued or renewed for aircraft in the specific category and model designated by the State of design in the type certificate. (2) The Authority shall issue or renew a certificate of airworthiness if- (a) the applicant presents evidence to the Authority that the aircraft conforms to a type design approved under a type certificate or a supplemental type certificate and to the applicable airworthiness directives and requirements of the State of manufacture or design; (b) the aircraft has been inspected in accordance with these Regulations for inspections and found airworthy by persons authorized by the Authority to make such determinations within the last thirty days; (c) the Authority finds, after an inspection, that the aircraft conforms to type design and is in condition for safe operation; (d) the aircraft when operated in accordance with the requirements specified in the flight manual or equivalent document for the aircraft conforms to the approved type specifications specified in the approved type certificate or equivalent document; (e) the maintenance determined by the Authority as a prerequisite for issue or renewal of a standard certificate of airworthiness has been carried out and certified by a person acceptable to the Authority in accordance with these Regulations; and 32 Official Gazette nº 21bis of 25/05/2015 (f) the results of flying trials, and such other tests of the aircraft as the Authority may require, are complied with. (3) The Authority may issue a certificate of airworthiness subject to such other conditions relating to the airworthiness of the aircraft as the Authority thinks fit. (4) A certificate of airworthiness shall specify one of the following categories as are, in the opinion of the Authority, appropriate to the aircraft operation: (a) commercial air transport (passenger); (b) commercial air transport (cargo); (c) aerial work; (d) general aviation; or (e) special. (5) A certificate of airworthiness shall be issued subject to the condition that the aircraft shall be flown only for the following purposes- (a) commercial air transport (passenger): any purpose; (b) commercial air transport (cargo): any purpose other than commercial air transport of passengers; (c) aerial work: any purpose other than commercial air transport or general aviation; (d) general aviation: any purpose other than commercial air transport or aerial work; and (e) special: any purpose, other than commercial air transport, specified in the certificate of airworthiness but not including the carriage of passengers unless expressly permitted. (6) The Authority may in the process of issuing a certificate of airworthiness demand that reports be furnished by a person qualified to furnish such reports. (7) The Authority shall issue a certificate of airworthiness that contains the information shown in First Schedule, and if issued in a language other than English, it shall contain an English translation. (1) A person shall not operate an aircraft or aircraft components to which an airworthiness directive applies except in accordance with the requirements of airworthiness directive. (2) Upon registration of an aircraft in Rwanda, the Authority shall notify the State of design of the registration of the aircraft in Rwanda, and request that the Authority receive all airworthiness directives addressing that aircraft, airframe, aircraft engine, propeller, appliance or component and, afterwards, shall: (a) ensure the transmission to the State of design of all mandatory continuing airworthiness information which it originated of that aircraft; and (b) ensure that, in respect of aeroplanes over 5,700 kg and helicopters over 3,175 kg maximum certificated take-off mass, there exists a system whereby information on faults, malfunctions, defects and other occurrences that cause or might cause adverse effects on the continuing airworthiness of the aircraft is transmitted to the organization responsible for the type design of that aircraft. (3) Where the State of design considers that a condition in an aircraft, airframe, engine, propeller, appliance or component is unsafe as shown by the issue of an airworthiness directive by that State, such directives shall apply to Rwanda registered aircraft of the type identified in that airworthiness directive. (4) Where a manufacturer identifies a service bulletin as mandatory, such bulletin shall apply to Rwanda registered aircraft of the type identified in that bulletin. (5) The Authority may identify manufacturer's service bulletins and other sources of data or develop and prescribe inspections, procedures and limitations for mandatory compliance pertaining to affected aircraft in Rwanda and shall establish, in respect of aeroplanes over 5,700 kg and helicopters over 3,175 kg 33 Airworthiness directives and service bulletins 16. 17. Issue of restricted certificates of airworthiness Issue of special flight permits 18. Official Gazette nº 21bis of 25/05/2015 maximum certificated take-off mass, the type of service information and procedures for reporting this information to the Authority, operators, organization responsible for type design and maintenance organizations. (6) A person shall not operate any Rwanda registered aircraft to which the measures of this regulation apply, except in accordance with the applicable directives and bulletins. (7) The Authority shall notify the State of design of a modification, where it is different from the State of Design of the product being modified, the State of Design of the modification, and request that the Authority receive all the mandatory continuing airworthiness information. (1) The Authority may issue a restricted certificate of airworthiness to the aircraft that does not qualify for a certificate of airworthiness including microlite, experimental amateur and kit built aircraft, an aircraft used for air races, aircraft flying for exhibition purpose and a kite. (2) An aircraft holding a restricted airworthiness certificate shall be subject to operating limitations within Rwanda and shall not make international flights. (3) The Authority shall issue specific operating limitations for each restricted airworthiness certificate. The Authority may issue a special flight permit with operating limitations for an aircraft that is capable of safe flight but unable to meet applicable airworthiness requirements for the purpose of- (a) flying to a base where weighing, painting, repairs, modifications, maintenance, or inspections are to be performed or to a point of storage; (b) flying for the purpose of experimenting with or testing the aircraft including its engines and equipment; (c) flying for the purpose of qualifying for the issue, renewal or validation of certificate of airworthiness or restricted certificate of airworthiness and the approval of a modification of the aircraft; (d) delivering or exporting the aircraft; (e) evacuating aircraft from areas of impending danger; and (f) operating at mass in excess of the aircraft's maximum certified take-off mass for flight beyond normal range over water or land areas where adequate landing facilities or appropriate fuel are unavailable with the excess mass limited to additional fuel, fuel-carrying facilities, and navigation equipment necessary for the flight. Export certificate of airworthiness 19. (1) An owner of an aircraft registered in Rwanda may apply to the Authority for issue of an export certificate of airworthiness for that aircraft. (2) An application for an export certificate of airworthiness shall be made on a form prescribed by the Authority at least 14 days before the intended date of export of the aircraft out of Rwanda. (3) The Authority shall issue an export certificate of airworthiness if: (a) the applicant submits a statement of compliance with the full intents of the approved maintenance programme or schedule; (b) the applicant submits a statement of compliance with the mandatory airworthiness directives and service bulletins applicable to the aircraft and its equipment; (c) the aircraft has been inspected in accordance with these regulations and found airworthy by persons authorized by the Authority to make such determination within the last 14 days; (d) the maintenance determined by the Authority as a prerequisite for issue of the export certificate of airworthiness has been carried out and certified by a person acceptable to the Authority in accordance with these regulations; (e) the result of test flight, and such other tests as the Authority may determine 34 Official Gazette nº 21bis of 25/05/2015 are complied with; (f) historical records establish the production, modification and maintenance standard of the aircraft; (g) a weight and balance report with a loading schedule, where applicable, for each aircraft in accordance with the applicable regulations is furnished to the Authority. (4) Export certificate of airworthiness shall not be used for the purpose of flight but for confirmation of recent satisfactory review of the airworthiness status of the aircraft. (5) Any extension or variations granted to an aircraft in accordance to an approved maintenance programme or schedule shall be automatically revoked before issue of the export certificate of airworthiness. (6) For the purpose of these regulations, the item being exported may be placed within a particular “Class” as provided for: (a) Class I product – a complete aircraft, engine or propeller which has been the appropriate airworthiness requirements and for which the necessary type certificate data sheets or equivalent have been issued. in accordance with type certificated (b) Class II product – a major component of a Class I product such as a wing, fuselage, empennage surface, etc. the failure of which would jeopardize the safety of a Class I product or any part, material or system thereof (c) Class III product – any part or component which is not a Class I or Class II product or a standard part (7) For products other than a Class I product, the export airworthiness certification may be issued in the form of certificates or identification tags, which will confirm that the product in question meets the approved design data, is in a condition for safe operation and complies with any special requirements as notified by the importing State. Conditions on the special flight permit 20. (1) A person shall not fly an aircraft on a special flight permit unless that person has complied with conditions of this regulation. (2) A person who flies an aircraft on a special flight permit referred to under regulation 18 shall ensure that: (a) (b) (c) (d) (e) (f) (g) (h) the flight is made under the supervision of a person approved by the Authority for such flight, subject to any additional conditions which may be specified in the permit; a copy of the permit is carried on board the aircraft at all times when the aircraft is operating under the conditions of the permit; the aircraft registration markings assigned to the aircraft are displayed; no person or property is carried on board for hire or reward; only persons essential for the safe operation of the aircraft are carried on the aircraft and these persons shall be advised of the contents of the permit; the aircraft is operated only by flight crew holding appropriate type ratings or validations with sufficient experience to appreciate the reasons for the prescribed airworthiness standards; the aircraft non-compliance to the flight is conducted in accordance with applicable flight operating rules and procedures of the States of the intended routing; the routing is such that areas of heavy air traffic, areas of heavy human concentration of a city town or settlement or any other areas where the flight might create hazardous exposure to persons or property are avoided; (i) the flight is performed in accordance to the performance limitations 35 Certificate of fitness for flight 21. Official Gazette nº 21bis of 25/05/2015 (j) (k) prescribed in the aircraft flight manual and any other limitation that the Authority may impose on such flight; all flights are conducted prior to the expiry date of the special flight permit or at any other time the Authority declares so in writing; and the aircraft shall not depart for the flight on a special flight permit unless the aircraft has on board authorizations from the State(s) of intended routing. (3) Aircraft involved in an accident or incident may not be ferried prior to notifying the CAA accident co-ordinator (4) The operator shall inform the State(s) of intended routing on the conditions of the aircraft and intended flight and the operator must obtain its (their) consent(s). (5) The Authority shall require a properly executed maintenance endorsement statement in the aircraft permanent record by an authorized person stating that the subject aircraft has been inspected and found to be safe for the intended flight. (1) A person shall not fly an aircraft for the purpose of flight testing after repair, modification or maintenance unless that aircraft has been issued with a maintenance endorsement statement stating that the subject aircraft has been inspected and found to be safe for the intended flight. (2) The maintenance endorsement statement referred to in sub-regulation (1) shall constitute a certificate of fitness for flight. (3) a certificate of fitness for flight shall be issued by a person authorized by the Authority. (4) a certificate of fitness for flight is the basis under which the Authority may issue a special flight permit under Regulation 18 for the purpose of allowing the aircraft to be ferried. (5) the certificate of fitness for flight may be used as a basis to flight test an aircraft after repair, modifications or maintenance as long as the aircraft does not make an international flight. (6) a certificate of fitness for flight is not, for purposes of these Regulations, an airworthiness certificate. PART IV - CONTINUING AIRWORTHINESS OF AIRCRAFT AND AIRCRAFT COMPONENTS Responsibility for maintenance 22. (1) An owner or operator of an aircraft shall be responsible for maintaining the aircraft in an airworthy condition by ensuring that- (a) all maintenance which affect airworthiness are performed as prescribed by the State of registry in compliance with requirements which are at least equal to the applicable standards specified in these regulations, Civil Aviation (Operation of Aircraft) Regulations and Civil Aviation (Aircraft Maintenance Organization) Regulations; (b) maintenance personnel make appropriate entries the aircraft in (c) (d) maintenance records certifying that the aircraft is airworthy; the certificate of release to service is completed to the effect that the maintenance work performed has been completed satisfactorily and in accordance with including an approved maintenance schedule for air operator certificate holders as approved by the Authority; and in the event there are open discrepancies, the certificate of release to service includes a list of the uncorrected maintenance items which are made a part of the aircraft permanent records. the prescribed methods (2) In the event that an aircraft registered in Rwanda is continuously operated outside Rwanda for a period exceeding thirty days, the owner or operator of the aircraft shall be responsible for maintaining the aircraft in an airworthy 36 Continuing airworthiness information Compliance with the manufacturer’s instructions Official Gazette nº 21bis of 25/05/2015 condition and ensuring that: (a) notice in a form that may be prescribed by the Authority, is given to the Authority prior to the aircraft undertaking such operations; (b) arrangements acceptable to the Authority for ongoing inspection and oversight of the airworthiness of that aircraft are made. 23. An operator of an aircraft shall- (a) monitor and assess maintenance and operational experience with respect to continuing airworthiness and provide the information in a form that may be prescribed by the Authority and report through a specified system; obtain and recommendations available from the organization responsible for the type design and implement resulting actions considered necessary in accordance with a procedure acceptable to the Authority. airworthiness information continuing assess and (b) 24. (1) An aircraft registered in Rwanda shall not engage in commercial air transport operations, and an aircraft registered in another Contracting State shall not engage in commercial air transport operations to or from Rwanda, unless- (a) the aircraft, including its engines, equipment and radios has been maintained in accordance with the approved maintenance programme and the maintenance procedures, recommended by the aircraft manufacturer and in compliance with the requirements which are at least equal to the applicable standards specified in in these regulations, Civil Aviation Civil Aviation (Aircraft (Operation of Aircraft) Regulations and Maintenance Organization) Regulations; (b) a certificate of release to service has been completed and signed by a licenced aircraft maintenance engineer to certify that all maintenance work has been completed satisfactorily and in accordance with the approved maintenance programme and procedures; and (c) there is an accepted flight manual available in the aircraft for the use of the flight crew, containing the limitations within which the aircraft is considered airworthy, together with such additional instructions and information as may be necessary to show compliance with the specified regulations relating to performance and for the safe operation of the aircraft, except that if the aircraft has a maximum take-off certificated mass of 5,700 kg or less, the limitations may be made available by means of placards or other documents approved by the Authority. Reporting of failures, malfunctions, and defects (2) The flight manual referred to in sub-paragraph (1) (c) shall be updated by implementing changes made mandatory by the State of registry. 25. (1) An owner or operator of an aircraft shall report to the Authority any failures, malfunctions, or defects that may result in at least one of the following- (a) (b) (c) (d) (e) (f) (g) fires during flight and whether the related fire-warning system properly operated; fires during flight not protected by a related fire-warning system; false fire warning during flight; an engine exhaust system that causes damage during flight to the engine, adjacent structure, equipment, or components; an aircraft component that causes accumulation or circulation of smoke, vapour, or toxic or noxious fumes in the crew compartment or passenger cabin during flight; engine shutdown during flight because of flameout; engine shutdown during flight when external damage to the engine or aircraft structure occurs; 37 Official Gazette nº 21bis of 25/05/2015 (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) (x) engine shutdown during flight due to foreign object ingestion or icing; shutdown during flight of more than one engine; a propeller feathering malfunction or inability of the system to control over speed during flight; a fuel or fuel-dumping system malfunction that affects fuel flow or causes hazardous leakage during flight; an uncommanded landing gear extension or retraction, or opening or closing of landing gear doors during flight; brake system components malfunction that result in loss of brake actuating force when the aircraft is in motion on the ground; aircraft structure damage that requires major repair; failure or malfunction of any flight control system, flap, slat or spoiler; any excessive unscheduled removals of essential equipment on account of defects; cracks, permanent deformation, or corrosion of aircraft structure, if more than the maximum acceptable to the manufacturer or the Authority; aircraft components or systems malfunctions that result in taking emergency actions during flight (except action to shut down an engine); emergency evacuation systems or components including all exit doors, passenger emergency evacuating lighting systems, or evacuation equipment that are found defective, or that fail to perform the intended functions during an actual emergency or during training, testing, maintenance, demonstration, or inadvertent deployments; each interruption to a flight, unscheduled change of aircraft en route, or unscheduled stop or diversion from a route, caused by known or suspected technical difficulties or malfunctions; any abnormal vibration or buffeting caused by a structural or system malfunction, defect, or failure; a failure or malfunction of more than one attitude, airspeed, or altitude instrument during a given operation of the aircraft; the number of engines removed prematurely because of malfunction, failure or defect, listed by make and model and the aircraft type in which it was installed; or the number of propeller featherings in flight, listed by type of propeller and engine and aircraft on which it was installed. (a) (b) three days after determining (2) A report required under this regulation shall- be made within malfunction, or defect required to be reported has occurred; and include as much of the following information as is available and applicable- (i) type and registration mark of the aircraft; (ii) (iii) (iv) where the failure, malfunction, or defect is associated with an article approved under a technical standard order authorization, the article serial number and model designation, as appropriate; name of the operator; aircraft serial number; that the failure, (v) where the failure, malfunction or defect is associated with an engine or propeller, the engine or propeller serial number, as appropriate; product model; identification of the part, component, or system involved, including the part number; and (vi) (vii) (viii) the nature of the failure, malfunction, or defect. (3) The Authority, upon receipt of the report specified in sub-regulation (2) for aircraft registered in Rwanda, shall submit the reports to the State of design. 38 Official Gazette nº 21bis of 25/05/2015 (4) The Authority, upon receipt of the report specified in sub-regulation (2) for foreign registered aircraft operating in Rwanda, shall submit all such reports to the State of registry and the State of design. PART V - AIRCRAFT MAINTENANCE AND INSPECTION. Persons authorized to perform maintenance, preventive maintenance and modification 26. (1) A person shall not perform any task defined as maintenance on an aircraft or aircraft components, except as provided in this regulation. (2) The following are the persons authorized to perform maintenance, preventive maintenance and modification: (a) a pilot licenced by the Authority ; (b) a person performing maintenance under the supervision of a licenced aircraft maintenance engineer; (c) a licenced aircraft maintenance engineer; and (d) an approved maintenance organization. (3) A pilot licenced by the Authority may perform preventive maintenance on an aircraft of certificated maximum take-off mass of 5,700 kg or less owned or operated by that pilot so long as the aircraft is not listed for use by an air operator certificate holder and the pilot has attended maintenance course on the type of aircraft. (4) A pilot licenced by the Authority operating a balloon listed for use by an air operator certificate holder may perform maintenance, preventive maintenance and modification on balloons, provided that pilot has been trained on the appropriate balloon maintenance. (5) A person working under the supervision of a licenced aircraft maintenance engineer may perform the maintenance, preventive maintenance, or modifications that the licenced aircraft maintenance engineer is authorized to perform if the supervising licenced aircraft maintenance engineer — (a) personally observes the work being done to the extent necessary to ensure that it is being done properly; and (b) is readily available, in person, for consultation. (6) A licenced aircraft maintenance engineer may perform or supervise the maintenance or modification of an aircraft or aircraft component for which he or she is rated in accordance with the current Civil Aviation (Personnel Licensing) Regulations. (7) An approved maintenance organization may perform aircraft maintenance within the limits specified by the Authority. (8) A manufacturer holding an approved maintenance organization certificate may: (a) rebuild or alter any aircraft component manufactured by that manufacturer under a type or production certificate; (b) rebuild or alter any aircraft component manufactured by that manufacturer under a technical standard order authorization, a parts manufacturer approval by the State of design, or product and process specification issued by the State of design; and (c) perform any inspection required by the current Civil Aviation (Operation of Aircraft) Regulations on aircraft that the manufacturer manufactures, while currently operating under a production certificate or under a currently approved production inspection system for such aircraft. 27. Personnel authorized to approve for return to service (1) Except as authorized by the Authority, a person shall not approve an aircraft, airframe, engine, propeller, appliance, or component for return to service after it has undergone maintenance, preventive maintenance, rebuilding, or modification. (2) The following persons are authorized to approve return to service- (a) a pilot licenced by the Authority who may return his aircraft to service 39 Official Gazette nº 21bis of 25/05/2015 after performing authorized preventive maintenance provided he has successfully completed an approved maintenance course on the type of aircraft.; a licenced aircraft maintenance engineer who may approve aircraft and aircraft components for return to service after he or she has performed, supervised, or inspected its maintenance subject to the limitations specified (Personnel Licensing) in Regulations; an approved maintenance organization that may approve aircraft and aircraft components for return to service as provided in the operations specific operating provisions approved by the Authority. the current Civil Aviation (b) (c) (1) Except as authorized by the Authority, a person shall not perform the inspections required by the current Civil Aviation (Operation of Aircraft) Regulations for aircraft and aircraft components prior to or after the aircraft has undergone maintenance, preventive maintenance, rebuilding, or modification. (2) The following persons are authorized to carry out inspections: (a) (b) a licenced aircraft maintenance engineer who may conduct the required inspections of aircraft and aircraft components for which the licenced aircraft maintenance engineer is rated and current; or an approved maintenance organization that may perform the required inspections of aircraft and aircraft components as provided in the specific operating provisions approved by the Authority. 28. Persons authorized to perform inspections Preventive maintenance; limitations Performance rules: maintenance 29. Preventive maintenance is limited to the work mentioned in Second Schedule, provided it does not involve complex assembly operations. 30. (1) A person performing maintenance, preventive maintenance, or modification on an aircraft or aircraft component shall use the methods, techniques, and practices prescribed in: (a) (b) the current manufacturer's maintenance manual or instructions for continued airworthiness issued by its manufacturer; and additional methods, techniques and practices required by the Authority; or methods, techniques and practices approved by the Authority where the manufacturer’s documents were not available. (2) A person shall use the tools, equipment, and test apparatus necessary to assure completion of the work in accordance with accepted industry practices. (3) If the involved manufacturer recommends special equipment or test apparatus, the person performing maintenance shall use that equipment or apparatus, or its equivalent acceptable to the Authority. (4) A person performing maintenance, preventive maintenance, or modification on an aircraft or aircraft component shall do that work in such a manner, and use materials of such a quality, that the condition of the aircraft or aircraft component worked on will be at least equal to its original or properly altered condition with regard to aerodynamic function, structural strength, resistance to vibration and deterioration, and other qualities affecting airworthiness. (5) The methods, techniques, and practices contained in an air operator certificate holder’s maintenance control manual and, maintenance programme, as approved by the Authority, will constitute an acceptable means of compliance with the requirements of this regulation. (6) The methods, techniques, and practices contained in an approved maintenance organization maintenance procedures manual as approved by the Authority, will constitute an acceptable means of compliance with the requirements of this regulation 40 Performance rules: inspection Official Gazette nº 21bis of 25/05/2015 31. (1) A person performing an inspection required by the Authority shall- (a) perform the inspection so as to determine whether the aircraft or portion of inspection meets all applicable airworthiness the aircraft under requirements; and (b) if there is an inspection program required or accepted for the specific aircraft being inspected, perform the inspection in accordance with the instructions and procedures specified in the inspection program. (2) A person performing an inspection required on a rotorcraft shall inspect, in accordance with the maintenance manual or instructions for continued airworthiness, the systems which shall include, but not limited to - (a) the drive shafts or similar systems; (b) the main rotor transmission gear box for obvious defects; (c) the main rotor and centre section ( or the equivalent area); and (d) the auxiliary rotor on helicopters. (3) A person performing an inspection shall use a checklist while performing the inspection, which- (a) may be of the person's own design, one provided by the manufacturer of the equipment being inspected, or one obtained from another source; and (b) shall include the scope and detail of the items prescribed or approved by the Authority. (4) A person approving a reciprocating-engine-powered aircraft for return to service after an inspection shall, before that approval, run the aircraft engine or engines to determine satisfactory performance in accordance with the current manufacturer's recommendations of- (a) power output (static and idle revolutions per minute); (b) magnetos; (c) fuel and oil pressure; and (d) cylinder and oil temperature. (5) A person approving a turbine-engine-powered aircraft for return to service shall, before that approval, run the aircraft engine or engines to determine satisfactory performance in accordance with the current manufacturer's recommendations. (6) A person performing an inspection shall, before that inspection, thoroughly clean the aircraft and aircraft engine and remove or open all necessary inspection plates, access doors, fairings, and cowlings. (7) A person performing an inspection shall inspect, where applicable, the components mentioned in Second Schedule. 32. Airworthiness limitation performance rules A person performing an inspection or other maintenance specified in an airworthiness limitations section of a current manufacturer's maintenance manual, or instructions for continued airworthiness, shall perform the inspection or other maintenance in accordance with that section, or in accordance with specific operating provisions approved by the Authority. Aircraft mass schedule 33. (1) An aircraft in respect of which a certificate of airworthiness is issued under these Regulations shall be weighed, and the position of the aircraft’s centre of gravity determined, at such times specified in the Sixth Schedule and in such manner as the Authority may require or approve in the case of that aircraft. (2) Upon the aircraft being weighed, the owner or operator of the aircraft shall prepare a mass schedule showing- (a) the basic mass of the aircraft, namely the mass of the empty aircraft together with the mass of unusable fuel and unusable oil in the aircraft and of such items of equipment as are indicated in the mass schedule, or such other mass as may be approved by the Authority in the case of that aircraft; or (b) the position of the centre of gravity of the aircraft when the aircraft contains only the items included in the basic mass or such other position of the 41 Compass Swing Requirements Official Gazette nº 21bis of 25/05/2015 centre of gravity as may be approved by the Authority in the case of that aircraft. (3) The mass schedule shall be preserved by the operator of the aircraft until the expiration of a period of six months following the next occasion on which the aircraft is weighed for the purpose of this regulation. 34. (1) All compasses fitted to Rwandan registered aircraft shall be swung as follows: (a) On installation. (b) At 12 monthly intervals thereafter: Provided that where other independent direction-indicating systems are in use, the interval may be extended to 24 months. In such a case, the compass(es) shall be checked during each flight against such directing-indicating system. Should deviation exceed 5º, the compass shall be swung. [Note: Whilst under the most favourable conditions an annual check is sufficient; it is recommended that owners of aircraft carry out a check swing every six months.] (c) Before a newly registered aircraft is placed into service in the country. (d) Immediately after material or equipment that may affect the compass is installed, removed or replaced. (e) After an aircraft has been struck by lightning. (f) After each engine change, except where it has been established that non-compliance with this requirement will not affect the compass readings. The Commissioner must be advised accordingly. (g) In the case of “cargo only” aircraft, whenever cargo which is likely to affect the compass reading is carried. In such cases a check must be made on the cardinal headings and headings to be flown and a temporary deviation card installed. The temporary card must be replaced when such cargo is unloaded. PART VI – AIRCRAFT NOISE AND ENGINE EMISSIONS Requirement of noise certification 35. (1) An aircraft to which this Part applies shall not land or take off in Rwanda unless there is in force a noise certificate issued or rendered valid by the competent authority in which the aircraft is registered. (2) The maximum noise emission levels for the issuance of a certificate of airworthiness of a prototype in respect of an aircraft, or for a change to such a certificate to record the approval of an additional model of or an acoustical change to the aircraft, shall be those specified in this Part. (3) The Authority shall recognize as valid a noise certification granted by another Contracting State provided that the requirements under which such certification was granted are at least equal to the applicable Standards specified in the latest addition of Annex 16 Volume 1. 36. Issue, suspension, revocation of aircraft noise certificate (1) An aircraft included in the classification defined for noise certification purpose in the Third Schedule to these Regulations shall be issued with a noise certificate or a suitable statement attesting noise certification contained in another document approved by the State of registry and that shall be carried in the aircraft. (2) The evaluation methods of aircraft noise to be used under this regulation shall be those contained in the following Appendices of the latest effective edition of Annex 16, Volume I - Environmental Protection - Aircraft Noise to the Chicago Convention: 42 Official Gazette nº 21bis of 25/05/2015 (a) APPENDIX 1, entitled "Evaluation method for noise certification of subsonic jet aeroplanes - Application for certificate of airworthiness for the prototype accepted before 6 October 1977"; (b) APPENDIX 2, entitled "Evaluation method for noise certification of:" "1. Subsonic jet aeroplanes - Application for certificate of the prototype accepted on or after 6 for airworthiness October 1977"; "2. Propeller-driven aeroplanes over 5 700 kg - Application for certificate of airworthiness for the prototype accepted on or after 1 January 1985 and before 17 November 1988"; "3. Propeller-driven aeroplanes over 8 618 kg - Application for certificate of airworthiness for the prototype accepted on or after 17 November 1988"; "4. Helicopters"; (c) APPENDIX 3, entitled "Noise evaluation method for noise certification of propeller-driven aeroplanes not exceeding 8 618 kg - Application for certificate of airworthiness for the prototype accepted before 17 November 1988"; (d) APPENDIX 4, entitled “Evaluation method for noise certification of helicopters not exceeding 3 175 kg maximum certificated take-off mass”; (e) APPENDIX 6, entitled "Noise evaluation method for noise certification of propeller-driven aeroplanes not exceeding 8 618 kg- Application for certificate of airworthiness for the prototype accepted on or after 17 November 1988". (3) The noise certificate referred to in sub-regulation (1) shall be issued or validated by the Authority on the basis of satisfaction evidence that the aircraft complies with the requirements which are at least equal to the applicable standards specified in the latest effective edition of Annex 16 Volume 1 to the Chicago Convention and the date used to determine the recertification basis shall be the date of acceptance of the first application for recertification. (4) The document attesting noise certification of an aircraft shall provide information in accordance with the Third Schedule Part B. (5) When the document or a suitable statement attesting noise certification as contained in another document approved by the State of registry, is issued in a language other than English, it shall include an English translation and shall be required to be carried on the aircraft. (6) The Authority shall- (a) (b) suspend or revoke the noise certificate of aircraft on the civil aircraft register if the aircraft ceases to comply with the applicable noise standards; not re-instate or grant a new noise certificate unless the aircraft is found on reassessment to comply with the applicable noise standards. (1) No person shall operate an all turbine engine powered aircraft, unless the aircraft complies with the standards related to the prevention of intentional fuel venting contained in this regulation. (2) Each person who applies for a certificate of airworthiness of a prototype, or an amendment to such a certificate approving a new model of, or any change affecting the fuel venting or the engine emission, of the aircraft, must show compliance with at least the applicable requirements of this regulation. (3) The standards respecting the prevention of intentional fuel venting applicable to the issuance of a certificate of airworthiness of a prototype for all turbine engine powered aircraft, or for a change to such a certificate to record the approval of an additional model, shall be those specified in this regulation. (4) The standards related to the prevention of intentional fuel venting for all turbine engine powered aircraft are those contained in latest effective edition of Annex 16, 43 Engine emissions 37. Official Gazette nº 21bis of 25/05/2015 Volume II, Part II Environmental Protection - Vented Fuel to the Chicago Convention. Note: Where the following symbols are used in these regulations and associated documents, they have the meanings ascribed to them below: a) CO- Carbon monoxide b) Dp - The mass of any gaseous pollutant emitted during the reference emissions landing and take-off cycle c) Fn -Thrust in International Standard Atmosphere (ISA), sea level conditions, for the given operating mode d) Foo- Rated thrust e) F*oo - Rated thrust with afterburning applied f) HC - Unburned hydrocarbons g) NO - Nitric oxide h) NO2- Nitrogen dioxide i) NOx - Oxides of nitrogen j) SN - Smoke Number k) πoo - Reference pressure ratio (5) The maximum engine emission levels for the issuance of a certificate of airworthiness of a prototype in respect of a turbo-jet or turbo-fan aircraft engine that is intended for subsonic or supersonic speed, or for a change to such a certificate, shall be those specified in this regulation. (6) No person shall operate an aircraft with turbo-jet and turbofan engines intended for propulsion only at subsonic speeds or turbo-jet and turbofan engines intended for propulsion at supersonic speeds unless it carries a document attesting emissions certification in accordance with the latest effective edition of Chapter 1 of Annex 16, Volume II, Part III, to the Chicago Convention and, if the document is issued in a language other than English, it shall include an English Translation. (7) The standards related to aircraft engine emissions to be used shall be those contained in Annex 16, Volume II, Part III "Emission certification", as follows: (a) CHAPTER 2, entitled "Turbo-jet and turbofan engines intended for propulsion only at subsonic speeds"; and (b) CHAPTER 3, entitled "Turbo-jet and turbofan engines intended for propulsion at supersonic speeds". (8) The methods for the evaluation of aircraft engine emissions to be used shall be those prescribed by the Authority and not less than those contained in Annex 16, Volume II, Appendices 1 through 6 included. (9) The Authority shall recognize as valid a certification relating to fuel venting granted by the certificating authority of another Contracting State provided the requirements under which such certification was granted are not less stringent than the provision of paragraph (7) of this regulation. Note: The document attesting emissions certification for each individual engine shall include at least the following information which is applicable to the engine type: a) name of certificating authority; b) manufacturer=s type and model designation; c) statement of any additional modifications incorporated for the purpose of compliance with the applicable emissions certification requirements; d) rated thrust; e) reference pressure ratio; f) a statement indicating compliance with Smoke Number requirements; g) a statement indicating compliance with gaseous pollutant requirements. 44 Official Gazette nº 21bis of 25/05/2015 (10) The Authority shall recognize as valid engine exemptions for an engine production cut-off requirement granted by a certificating authority of another Contracting State provided that the exemptions are granted in accordance with the process and criteria defined in the Environmental Technical Manual (Doc 9501),Volume II — Procedures for the Emissions Certification of Aircraft Engines. PART VII - MAINTENANCE RECORDS AND ENTRIES Keeping certificate of release to service records 38. (1) Pursuant to the terms and conditions set forth in these Regulations, a certificate of release to service shall be maintained by an air operator certificate holder in duplicate. (2) A certificate of release to service issued shall- (a) be effective from the date of issue; (b) cease to be effective upon expiration of the period of its validity in calendar days or flying time, whichever is earlier as specified in the maintenance schedule; and (c) be kept on board the aircraft and the original be kept by the operator elsewhere as approved by the Authority. Technical Logbook 39. (1) A technical logbook shall be kept in respect of every aircraft registered in Rwanda in respect of which a certificate in either commercial air transport or aerial work category is in force. Aircraft, engine and propeller logbooks (2) Technical logbook entries on defects which affect the airworthiness and safe operation of the aircraft shall be made as specified in regulation 23 of the current Civil Aviation (Operation of Aircraft) Regulations. (3) Upon rectification of any defect which has been entered in the technical logbook in accordance with sub-regulation (2) of this regulation, an authorized person issuing a certificate of release to service under the current Civil Aviation (Approved Maintenance Organization) Regulations in respect of that defect shall enter that certificate in the technical logbook 40. (1) In addition to any other log books required by or under these Regulations, the following log books shall be kept in respect of aircraft registered in Rwanda: (a) an aircraft log book; (b) a separate log book in respect of each engine fitted in the aircraft; and (c) a separate log book in respect of each variable pitch propeller fitted to the aircraft; (2) The log books shall include the particulars respectively specified in the Fourth Schedule to these Regulations and in the case of an aircraft having a maximum total weight authorized not exceeding 2,730 kg, shall be of a type approved by the Authority. (3) An entry in a log book other than such an entry as is referred to in sub-paragraphs 2(d) (ii) or 3 (d)(ii) of the Fourth Schedule to these Regulations shall be made as soon as practicable after the occurrence to which it relates, but not more than 7 days after the expiration of the certificate of release to service, in force in respect of the aircraft at the time of the occurrence. (4) An entry in a log book, being such an entry as is referred to in sub-paragraphs 2(d) (ii) or 3(d)(ii) of the Fourth Schedule to these Regulations shall be made upon each occasion that any maintenance, overhaul, repair, replacement, modification or inspection is undertaken on the engine or propeller as the case may be. (5) Entries in the log book may refer to other documents which shall be clearly identified, and any other documents so referred to shall be deemed, for the purposes of this regulation to be part of the log book. (6) It shall be the duty of the operator of every aircraft in respect of which log books are required to be kept to keep the log books or cause them to be kept in accordance with this regulation. 45 Records of Maintenance 41. Official Gazette nº 21bis of 25/05/2015 (7) Subject to this regulation, every log book shall be preserved by the operator of the aircraft until a date 2 years after the aircraft, the engine or the variable pitch propeller as the case may be, has been destroyed or has been permanently from use. (1) A person who performs maintenance on an aircraft or aircraft component shall, when the work is performed satisfactorily, make an entry in the maintenance record of that equipment as follows: (a) a description or reference to data acceptable to the Authority of work performed; (b) completion date of the work performed; and (c) name, signature and licence number of the person approving the work. (2) The signature required by sub-regulation (1)(c) shall constitute the approval for return to service only for the work performed. (3) A person working under the supervision of a licenced aircraft maintenance engineer shall not perform any inspection required in the Civil Aviation (Operation of Aircraft) Regulations or any inspection performed after a major repair or modification. (4) A person performing the work referred to in sub-regulation (1) shall enter records of major repairs and major modifications, prescribed form set out in the Fifth Schedule. (5) A person performing a major repair or major modification shall- (a) execute the appropriate form prescribed by the Authority at least in duplicate; (b) give a signed copy of that form to the aircraft owner or operator; and (c) forward a copy of that form to the Authority, in accordance with Authority instructions, within forty eight hours after the aircraft or aircraft component is approved for return to service. (6) An approved maintenance organization which performs a major repair or modification shall- (a) use the aircraft owner or operator's work order upon which the repair is recorded; (b) give the aircraft owner or operator’s a signed copy of the work order and retain a duplicate copy for at least one year from the date of approval for return to service of the aircraft or aircraft component; (c) give the aircraft owner or operator a certificate of release to service signed by an the approved maintenance organization and authorized representative of incorporating the following information: (i) (aa) identity of the aircraft or aircraft component- (bb) the make, model, serial number, nationality and registration marks, and location of the repaired area of an aircraft; the manufacturer's name, name of the part, model, and serial numbers (if any) of an aircraft component; and (ii) a statement that the aircraft or aircraft component was repaired, overhauled and inspected in accordance with these Regulations and is approved for the return to service. (iii) a statement that pertinent details of repair are on file at the approved maintenance organization; and (iv) the order number and date of the order number. (d) signature of the authorized representative, the name and address of the approved maintenance organization and approved maintenance organization certificate number. Records of overhaul and rebuilding 42. (1) A person shall not record in any required maintenance entry or form, an aircraft or aircraft component as being overhauled unless the aircraft or aircraft component has been- (a) disassembled, cleaned, inspected as permitted, repaired as necessary, and reassembled using methods, techniques, and practices acceptable to 46 Official Gazette nº 21bis of 25/05/2015 (b) the Authority; and tested in accordance with approved standards and technical data, or in accordance with current standards and technical data acceptable to the Authority, which have been developed and documented by the holder of the type certificate, supplemental type certificate, or a material, part, process, or appliance manufacturing approval. (2) A person shall not record in any required maintenance entry or form an aircraft or aircraft component as being rebuilt unless aircraft or aircraft component has been disassembled, cleaned, inspected as permitted, repaired as necessary, reassembled, and tested to the same tolerances and limits as a new item, using either new parts or used parts that conform to new part tolerances and limits. Approval for return to service 43. A person shall not approve for return to service any aircraft or aircraft component that has undergone maintenance, preventive maintenance, rebuilding, or modification unless- (a) the appropriate maintenance record entry has been made in accordance with these Regulations; (b) the major repair or major modification form specified in the Fifth Schedule of these Regulations has been executed in the manner prescribed by the Authority; (c) if a major repair or major modification results in any change in the aircraft operating limitations or flight data contained in the approved aircraft flight manual, those operating limitations or flight data are appropriately revised and set out as prescribed. 44. Content, form, and disposition of records for inspections (1) A person approving the return to service of an aircraft or aircraft component after any inspection performed in accordance with the current Civil Aviation (Operation of Aircraft) Regulations, shall make an entry in the maintenance record of that equipment containing the following information- (a) type of inspection and a brief description of the extent of the inspection; (b) date of inspection; (c) aircraft total time and cycles in service; (d) signature, the licence number held by the person approving return to service the aircraft or aircraft component; (e) if the aircraft is found to be airworthy and approved for return to service, the person shall include a statement certifying that the aircraft has been inspected in accordance with the type of work and was determined to be in an airworthy condition; (f) if the aircraft is not approved for return to service because the aircraft needs maintenance, non-compliance with the applicable specifications, airworthiness directives, or other approved data, a statement that the aircraft has been inspected in accordance with inspection and a dated list of discrepancies and unairworthy items has been provided to the aircraft owner or operator; and (g) if an inspection is conducted under an inspection program provided for in the current Civil Aviation (Operation of Aircraft) Regulations, the person performing the inspection shall make an entry identifying the inspection program accomplished, and containing a statement that the inspection was performed in accordance with the type of inspections and procedures for that particular program. (2) A person performing any inspection required in the current Civil Aviation (Operation of Aircraft) Regulations who finds that the aircraft is not airworthy or does not meet the applicable type certificate data sheet, airworthiness directives or other approved data upon which the aircraft’s airworthiness depends, shall give the owner or operator a signed and dated list of those discrepancies. 47 Official Gazette nº 21bis of 25/05/2015 48 Official Gazette nº 21bis of 25/05/2015 FIRST SCHEDULE Regulation 15(7) CERTIFICATE OF AIRWORTHINESS RWANDA CIVIL AVIATION AUTHORITY CERTIFICATE OF AIRWORTHINESS Certificate Number Nationality & Registration Marks Manufacturer and Manufacture’s Designation of Aircraft Aircraft Serial Number Category: This Certificate is issued pursuant to The Rwanda Civil Aviation [Airworthiness] Regulations currently in force and The Convention on International Civil Aviation dated 7th December 1944, 7th December 1944, in respect of the above mentioned aircraft. The Certificate shall remain valid only when the aircraft is maintained and operated in accordance with the approved program and pertinent operating conditions and limitations. Date of issue: Signed……………………………. Director General Certificate Validity Period: See Over Leaf RCAA-Form-AIW014 Item 1. 2. 3. 4. 5. 6. 7. 8. 9. From From From From From From From From From This Certificate is Valid for the Period(s) below Validity Period Signature and Stamp To To To To To To To To To  No entries may be made on this Certificate except by an authorized person. 49   If Certificate is Lost the Director General of Rwanda Civil Aviation Authority should be informed at the earliest possible opportunity. If found return the Certificate to the Director General, Rwanda Civil Aviation Authority, P.O. Box 1122, Kigali. Official Gazette nº 21bis of 25/05/2015 SECOND SCHEDULE (Regulation 29) A. PREVENTIVE MAINTENANCE (a) (b) (c) (d) (e) (f) removal, installation and repair of landing gear tires; replacing elastic shock absorber cords on landing gear; servicing landing gear shock struts by adding oil, air, or both; servicing landing gear wheel bearings, such as cleaning and greasing; replacing defective safety wiring or cotter keys; lubrication not requiring disassembly other than removal of non-structural items such as cover plates, cowlings, and airings; (j) (l) (k) (m) (h) (i) (g) making simple fabric patches not requiring rib stitching or the removal of structural parts or control surfaces In the case of balloons, the making of small fabric repairs to envelopes (as defined in, and in accordance with, the balloon manufacturers' instructions) not requiring load tape repair or replacement.; replenishing hydraulic fluid in the hydraulic reservoir; refinishing decorative coating of fuselage, balloon baskets, wings tail group surfaces (excluding balanced control surfaces), fairings, cowling, landing gear, cabin, or cockpit interior when removal or disassembly of any primary structure or operating system is not required; applying preservative or protective material to components where no disassembly of any primary structure or operating system is involved and where such coating is not prohibited or is not contrary to good practices; repairing upholstery and decorative furnishings of the cabin, cockpit or balloon basket interior when the repairing does not require disassembly of any primary structure or operating system or interfere with an operating system or affect primary structure of the aircraft; making small simple repairs to fairings, non-structural cover plates, cowlings, and small patches and reinforcements not changing the contour so as to interfere with proper airflow; replacing side windows where that work does not interfere with the structure of any operating system such as controls, electrical equipment; etc. replacing safety belts; replacing seats or seat parts with replacement parts approved for the aircraft, not involving disassembly of any primary structure or operating system; troubleshooting and repairing broken circuits in landing light wiring circuits; replacing bulbs, reflectors, and lenses of position and landing lights; replacing wheels and skis where no mass and balance computation is involved; replacing any cowling not requiring removal of the propeller or disconnection of flight controls; replacing or cleaning spark plugs and setting of spark plug gap clearance; replacing any hose connection except hydraulic connections; replacing prefabricated fuel lines; cleaning or replacing fuel and oil strainers or filter elements; replacing and servicing batteries; cleaning of balloon burner pilot and main nozzles in accordance with the balloon manufacturer's instructions. replacement or adjustment of non-structural standard fasteners incidental to operations; the interchange of balloon baskets and burners on envelopes when the basket or burner is designated as interchangeable in the balloon type certificate data and the baskets and burners are specifically designed for quick removal and installation. the installation of anti-misfueling devices to reduce the diameter of fuel tank filler openings provided the specific device has been made a part of the aircraft type certificate data by the aircraft (p) (q) (r) (s) (t) (u) (v) (w) (x) (y) (z) (aa) (n) (o) (bb) manufacturer, the manufacturer has provided instructions acceptable to the Authority for the 50 Official Gazette nº 21bis of 25/05/2015 (cc) (dd) installation of the specific device, and installation does not involve the disassembly of the existing filler opening. removing and replacing self-contained, front instrument panel-mounted navigation and communication devices that employ tray-mounted connectors that connect the unit when the unit is installed into the instrument panel, (excluding automatic flight control systems, transponders, and microwave frequency distance measuring equipment (DME)), provided that the approved unit is designed to be readily and repeatedly removed and replaced, and pertinent instructions must be provided and that, prior to the unit's intended use, an operational check was performed in accordance with a procedure acceptable to the Authority; and. updating self-contained, front instrument panel-mounted Air Traffic Control navigational software data bases (excluding those of automatic flight control systems, transponders, and microwave frequency distance measuring equipment (DME)) provided no disassembly of the unit is required and pertinent instructions are provided, and prior to the unit's intended use, an operational check was performed in accordance with a procedure acceptable to the Authority 51 Official Gazette nº 21bis of 25/05/2015 B. Inspection (Regulation 31(7)) (a) fuselage and hull group- (i) fabric and skin for deterioration, distortion, other evidence of failure, and defective or insecure (ii) attachment of fittings; systems and components for improper installation, apparent defects, and unsatisfactory operation; (b) cabin and cockpit group- seats and safety belts - for poor condition and apparent defects; (i) generally for uncleanliness and loose equipment that might foul the controls; (ii) (iii) windows and windshields - for deterioration and breakage; (iv) instruments - for poor condition, mounting, marking, and where practicable for improper operation; flight and engine controls - for improper installation and improper operation; batteries for improper installation and improper charge; (v) (vi) (vii) all systems for improper installation, poor general condition, apparent and obvious defects, and insecurity of attachment. (c) engine and nacelle group- (i) engine section for visual evidence of excessive oil, fuel, or hydraulic leaks, and sources of such (ii) (iii) leaks; studs and nuts for improper torquing and obvious defects; internal engine for cylinder compression and for metal particles or foreign matter on screens and sump drain plugs, if there is weak cylinder compression, for improper internal condition and improper internal tolerances; engine mount - for cracks, looseness of mounting, and looseness of engine to mount; flexible vibration dampeners - for poor condition and deterioration; engine controls for defects, improper travel, and improper safetying; lines, hoses, and clamps for leaks, improper condition, and looseness; (iv) (v) (vi) (vii) (viii) exhaust stacks for cracks, defects, and improper attachment; (ix) (x) (xi) accessories for apparent defects in security of mounting; all systems for improper installation, poor general condition, defects, and insecure attachment. cowling for cracks and defects. (d) landing gear group- shock absorbing devices for improper oleo fluid level; linkages, trusses, and members for undue or excessive wear fatigue, and distortion; retracting and locking mechanism for improper operation; hydraulic lines for leakage; electrical system for chafing and improper operation of switches; (i) all units for poor condition and insecurity of attachment; (ii) (iii) (iv) (v) (vi) (vii) wheels for cracks, defects, and condition of bearings; (viii) tires for wear and cuts; (ix) (x) brakes for improper adjustment; floats and skis for insecure attachment and obvious or apparent defects (e) wing and centre section assembly for— (i) poor general condition, (ii) fabric or skin deterioration, (iii) distortion, (iv) evidence of failure, and (v) insecurity of attachment. (f) complete empennage assembly for— poor general condition, fabric or skin deterioration, (i) (ii) (iii) distortion, 52 Official Gazette nº 21bis of 25/05/2015 (iv) evidence of failure, insecure attachment, (v) (vi) improper component installation, and (vii) improper component operation. (g) propeller group— (i) propeller assembly - for cracks, nicks, binds, and oil leakage, (ii) bolts - for improper torquing and lack of safetying, (iii) anti-icing devices - for improper operations and obvious defects, and (iv) control mechanisms - for improper operation, insecure mounting, and restricted travel. (h) Avionics and instrument equipment— (i) for improper installation and insecure mounting. (ii) wiring and conduits - for improper routing, insecure mounting, and obvious defects. (iii) bonding and shielding - for improper installation and poor condition. (iv) antenna including trailing antenna - for poor condition, insecure mounting, and improper operation. (i) each installed miscellaneous item that is not otherwise covered by this listing or has instructions for continued airworthiness - for improper installation and improper operation. 53 Official Gazette nº 21bis of 25/05/2015 THIRD SCHEDULE Regulation 36(1) AIRCRAFT NOISE CERTIFICATION CLASSIFICATIONS Part A: Classifications as per ICAO Annex 16 Volume I to the Chicago Convention- Annex Chapter Details All subsonic jet aeroplanes for which either the application for a Type Certificate was submitted, or another equivalent prescribed procedure was carried out by the certificating authority before 6 October 1977, except those aeroplanes. (a) Requiring a runway length of 610 m or less at maximum certificated mass for airworthiness; or 2. (b) Powered by engines with a bypass ratio of 2 or more and for which a certificate of airworthiness for the individual aeroplane was first issued before 1 March 1972; or (c) Powered by engines with a bypass ratio of less than 2 and for which either the application for a Type certificate was submitted, or another equivalent prescribed procedure was carried out by the certificating authority, before 1 January 1969, and for which a certificate of airworthiness for the individual aeroplane was first issued before 1 January 1976. (1) Subsonic jet aeroplanes —Application for Type certificate submitted on or after 6 October 1977 and before 1 January 2006. (2) Propeller-driven aeroplanes over 5 700 kg — Application for Type Certificate submitted on or after 1 January 1985 and before17 November. (3) Propeller-driven aeroplanes over 8 618 kg—application for type certificate submitted on or after 17 November 1988 and before 1 January (1) Subsonic jet aeroplanes—Application for Type Certificate submitted on or after 1 January 2006. (2) Propeller-driven aeroplanes over 8 618 kg —Application for Type Certificate submitted on or after 1 January 2006. Propeller-driven aeroplanes over 5 700 kg—application for type certificate submitted before 1 January 1985. Propeller-driven aeroplane not exceeding 8 618 kg — application for type certificate submitted before 17 November 1988. Propeller-driven STOL (short takeoff and Landing) aeroplanes. Helicopters. Installed auxiliary power units (APU) and associated aircraft systems during ground operations. Propeller-driven aeroplanes not exceeding 8 618 kg — application for type certificate or derived version submitted on or after 17 November 1988 Helicopters not exceeding 3 175 kg maximum certificated take-off mass. Supersonic aeroplanes. Tilt-rotor aircraft. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 54 Official Gazette nº 21bis of 25/05/2015 Part B: The documents attesting noise certification for an aircraft shall provide the following information; 1. REPUBLIC OF RWANDA 2. NOISE CERTIFICATE 3. Number 4. NATIONALITY & REGISTRATION 5. MANUFACTURER AND MANUFACTURER’S DESIGNATION OF 6. AIRCRAFT SERIAL NUMBER MARKS AIRCRAFT 7. ENGINE TYPE/ MODEL 8. PROPELLER/ ROTOR/ TYPE / MODEL 9. MAXIMUM TAKEOFF WEIGHT 10. MAXIMUM LANDING MASS 11. NOISE CERTIFICATION STANDARDS 12. OTHER EQUIPMENT OR MODIFICATIONS INCORPORATED ICAO Annex 16 Volume 1 Chapter 3 and 13. LATERAL NOISE LEVEL 14. APPROACH NOISE LEVEL 15. FLY OVER NOISE LEVEL 16. OVER FLIGHT NOISE LEVEL 17. TAKE OFF NOISE LEVEL 18. This noise certificate is issued pursuant to Annex 16, Volume 1 to the Convention on International Civil Aviation dated December 7 1944 and Regulation 35 of Civil Aviation (Airworthiness) Regulation 2015 in respect of the above mentioned aircraft, which is considered to comply with the foregoing noise standards when maintained and operated in accordance with the relevant airworthiness requirements and operating limitations 19. DATE OF ISSUE: RCAA-Form-AIW035 DIRECTOR GENERAL 20. SIGNED 55 Official Gazette nº 21bis of 25/05/2015 FOURTH SCHEDULE Regulation 40 AIRCRAFT, ENGINE AND PROPELLER LOG BOOKS Aircraft log book (1) The following entries shall be included in the aircraft log book- (a) (b) (c) (d) (e) (f) (g) the name of the constructor, the type of the aircraft, the number assigned to it by the constructor and the date of construction of the aircraft; the nationality and registration marks of the aircraft; the name and address of the operator of the aircraft; the date of each flight and the duration of the period between take-off and landing, or, if more than one flight was made on that day, the number of flights and the total duration of the periods between take-off and landings on that day; particulars of all maintenance work carried out on the aircraft or its equipment; particulars of any defects occurring in the aircraft or in any equipment required to be carried in it by or under these Regulations, and of the action taken to rectify such defects. particulars of any overhauls, repairs, replacements and modifications relating to the aircraft or any such equipment as aforesaid. provided that entries shall not be required to be made under subparagraphs (e), (f) and (g) in respect of any engine or variable pitch propeller. Engine log book (2) The following entries shall be included in the engine log book- (a) (b) (c) (d) the name of the constructor, type of engine, the number assigned to it by the constructor and the date of the construction of the engine; the nationality and registration marks of each aircraft in which the engine is fitted; the name and address of the operator of each such aircraft; either- (i) the date of each flight and the duration of the period between take-off and landing or, if more than one flight was made on that day, the number of flights and the total duration of the periods between take-off and landings on that day; or the aggregate duration of periods between take-off and landing for all flights made by that aircraft since, the immediately preceding occasion that any maintenance, overhaul, repair, replacement, modification or inspection was undertaken on the engine. (ii) (e) (f) (g) particulars of all maintenance work done on the engine; particulars of any defects occurring in the engine, and of the rectification of such defects; particulars of all overhauls, repairs, replacement and modifications relating to the engine or any of its accessories. 3. The following entries shall be included in the variable pitch propeller log book- (a) (b) (c) (d) the name of the constructor, the type of the propeller, the number assigned to it by the constructor and the date of the construction of the propeller; the nationality and registration marks of each aircraft, and the type and number of each engine, to which the propeller is fitted; the name and address of the operator of each such aircraft; either- (i) the date of each flight and the duration of the period between take-off and landing or, if more than one flight was made on that day, the number of flights and the total duration of the periods between take-off and landings on that day; or 56 Official Gazette nº 21bis of 25/05/2015 (ii) the aggregated duration of periods between take-off and landing for all flights made by that aircraft since the immediately preceding occasion that any maintenance, overhaul, repair, replacement, modification or inspection was undertaken on the propeller; (e) (f) (g) particulars of all maintenance work done on the propeller; particulars of any defects occurring in the propeller, and of the rectification of such defects; particulars of any overhauls, repairs, replacements and modifications relating to the propeller. 57 Official Gazette nº 21bis of 25/05/2015 FIFTH SCHEDULE __________ MAJOR REPAIRS AND MODIFICATION FORM (Regulations 41(4) and 43(b)) REQUEST FOR MAJOR REPAIR AND MODIFICATION DATA APPROVAL (Airframe, Engine, Propeller or Appliance) Rwanda For RCAA Use Only Office Identification INSTRUCTIONS: Print or type all entries. 1. AMO / Company Name and Address .................................................................................. .................................................................................. ............................................................................ 4. Aircraft Make Serial Number Name (As shown on registration certificate) 2. Tick the Appropriate Box Modification Repair 3. Engineering Order No / Work Order No. Model Nationality and Registration Mark Address (As shown on registration certificate) 6. Unit Identification Make Model Serial Number 5. Owner Unit Airframe Engine Propeller Appliance Type Manufacture 7. Reason for Repair or Modification 8. Master Drawing Reference 9. All Drawings attached? YES / NO 10. Is Flight Manual Affected? YES / NO 10(a). If Yes, is Supplement Attached? YES / NO 11. Design Authority Responsible (Major Aircraft Manufacturer) eg FAA, EASA etc 12. List Manuals / Documents Affected 13. Are all supporting documents attached YES NO 58 Official Gazette nº 21bis of 25/05/2015 In making this application the applicability of items on this table has been assessed and appropriately addressed. 14. Instructions Necessary For Installation: 15. Stress Analysis: 16. Power Supplies: 17. Cooling Requirements: 18. Aerial Position: 19. Fuses: 20. Component Listing: 21. Equipment Lighting: 22. Effects on other System: 23. Interface: 24. Crew Notices/Placards: 25. Modification Procedure: 26. Compatibility With Other Mods/Repairs: 27. The Maintenance Schedule is affected: Yes, 28. Tests: 29. Flight Tests: 30. Other Details: A. Kind of License/Organisation B. AMO Certificate Number & Rating 31. Conformity Statement Licensed (LAME) A C or A/C Approved Maintenance Organisation Manufacturer C. I certify that the repair and/or modification made to the unit(s) identified in item 4 above and described on the reverse or attachments hereto have been made in accordance with the requirements of the Civil Aviation (Airworthiness) Regulations and that the information furnished herein is true and correct to the best of my knowledge. Name and Signature of Authorised Individual Releasing the aircraft or aircraft component. Approved Approval Number 32. For Authority Use Only Reasons for rejection Not Approved 59 Official Gazette nº 21bis of 25/05/2015 The following are instructions for completing the application Form. The numbers correspond to the numbers on the form: 1. Enter the AMO/ company Name and Address. 2. By ticking the appropriate box, indicate if its modification or repair. 3. Record the engineering or work order number. 4. Provide aircraft details. 5. Enter aircraft registration number and address of the owner. 6. Identify the unit affected 7. Enter the reason for the Modification or repair. 8. Give the Master drawing reference. 9. List all relevant controlling drawing. 10. Indicate the effect on the Flight Manual and supplements as required under 10(a). 11. Indicate the State of design which has provided approval for the design change or repair, such as FAA, JAA etc. 12. List the other manuals that are affected, and may require supplements or amendments, and indicate when these changes are to be implemented. 13. Attach all the support documents 14. For items 14-30, each applicant must address each item to indicate that all the listed factors have been considered as a minimum, and are included as appropriate. 31. Designated company representative shall record name, sign and date and provide AMO approval details. 32. For use by RCAA only. 60 Official Gazette nº 21bis of 25/05/2015 SIXTH SCHEDULE __________ Regulation 33 AIRCRAFT MASS SCHEDULE 1. General a. The applicant for the issuance or the renewal of a Certificate of Airworthiness shall provide to the Authority the current mass and balance report for the aircraft. b. The mass and balance report is normally obtained by weighing. Nevertheless, if the changes in mass and balance have been duly computed and recorded and if the resulting change is minor, the accurate mass may be obtained by calculation from the previous weighing. c. A complete, current, and continuous record of changes in empty mass and empty centre of gravity position should be maintained for each aircraft. This record should contain details of all alterations affecting either the mass or balance of the aircraft. 2. b. Periodic determination of mass a. Aircraft exceeding 5700 kg (12500 lb) Maximum Total Mass Authorized must be re-weighed 2 years after the date of manufacture and their after at intervals not exceeding 5 years and at such times as the Authority may require. Aircraft not exceeding 5700 kg (12500 lb) shall be weighed at intervals not exceeding 5 years and at such times as the Authority may require. Notwithstanding 2(a) above, it should be the responsibility of the operator of an aircraft to renew the load data sheet if a modification results in a significant change in the empty mass or empty centre of gravity position. Further to the provisions of 2(b), above if the CAA or the operator is of the opinion that adequate mass control has not been exercised over an aircraft during the modification, the CAA or the operator may require that a new empty mass and empty centre of gravity position should be determined. c. d. For a fleet or group of aeroplanes of the same model and configuration, an average gross mass and CG position may be used as the fleet mass and CG position, provided that the gross masses and CG positions of the individual aeroplanes are within a tolerance specified by the CAA. The average gross mass and CG position may be determined on a sampling basis. This method allows longer intervals between the weighing of aircrafts dependent on the fleet size of the operator. 3. Procedures for determining mass a. Aircraft mass determination shall be supervised by either an airworthiness officer of the CAA or a person duly trained and nominated by an operator or an owner to sign on its behalf. Aircraft shall be presented for mass determination in a condition acceptable to the person authorized to supervise the measurements. b. Two independent determinations should be made and the aircraft longitudinal datum line should be horizontal. The load should be completely removed from the weighing equipment between determinations. The aircraft gross masses as determined by the two measurements should be consistent. If not, the measurements should be repeated until the gross masses, as determined by two consecutive and independent measurements are consistent. c. Prior to the initial issue of a Certificate of Airworthiness for each aeroplane and helicopters, a list of equipment included in the empty mass should be established. If an operating mass is used, a similar list of removable equipment and disposable load included in the operating mass should also be established. Where a change occurs in the items included in either the empty mass or, if applicable, the operating mass of an aircraft, the appropriate list should be amended by the operator. 61 Official Gazette nº 21bis of 25/05/2015 d. Normal precautions, consistent with good practices in the mass determination procedures, shall be taken, such as: i. ii. iii. iv. aircraft and equipment should be checked for completeness in accordance with 3(c) above; fluids should be properly accounted for; mass determination should be carried out in an enclosed building, to avoid the effect of wind; and the scales used should be properly calibrated and used in accordance with the manufacturer's instructions. e. An aircraft mass summary should be completed and a certified by the person supervising the measurement. Data recorded should be sufficient to enable the empty mass and empty mass centre of gravity position to be accurately determined. f. The empty mass and empty centre of gravity position should be determined by the owner or operator of the aircraft in accordance with the recorded results of the measurements. (sé) Dr NZAHABWANIAMANA Alexis Minister of State in charge of Transport Seen and sealed with the Seal of the Republic: (sé) BUSINGYE Johnston Minister of Justice/Attorney General 62 Official Gazette nº 21bis of 25/05/2015 ANNEX III TO THE MINISTERIAL REGULATIONS Nº 02/MOS/TRANS/015 OF 08/04/2015 IMPLEMENTING THE LAW Nº 75/2013 OF 11/09/2013 ESTABLISHING REGULATION GOVERNING CIVIL AVIATION CIVIL AVIATION (APPROVED MAINTENANCE ORGANIZATION) REGULATIONS 2015 ARRANGEMENT OF REGULATIONS PART I – PRELIMINARY Regulation 1. 2. 3. Citation. Interpretation. Application. PART II – CERTIFICATION 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Certificate and Specific Operating Provisions. Advertising. Application for an approved maintenance organization certificate. Issue of an approved maintenance organization certificate. Validity and renewal of the certificate. Continued validity of approval. Changes to the approved maintenance organization and certificate amendments. Ratings of the approved maintenance organization. Limited rating to approve maintenance organization. Approved maintenance organization capability. Sub-contracted maintenance functions. PART III - HOUSING, FACILITIES, EQUIPMENT AND MATERIALS 15. 16. 17. 18. General. Housing and facility requirements. Equipment, tools, and material. Satellite maintenance organization PART IV – ADMINISTRATION 19. 20. 21. 22. 23. 24. 25. 26. Approved maintenance organization personnel and training requirements. Management personnel required for Aircraft Maintenance Organizations Qualifications and Responsibilities of approved maintenance organization personnel. Production Planning. Assessment of personnel. Training of certifying staff. Rest and duty limitations for persons performing maintenance functions in an approved maintenance organization. Record of certifying staff. PART V – APPROVED MAINTENANCE ORGANIZATION OPERATING RULES 63 Official Gazette nº 21bis of 25/05/2015 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. Approved maintenance organization maintenance procedures manual. Maintenance procedures and independent quality system. Capability list. Approved maintenance organization privileges. Approved maintenance organization limitations. Safety management system Certificate of release to service. Maintenance records. Airworthiness data. Reporting of unairworthy conditions. Inspections. Performance standards. Access for inspections ____________ SCHEDULE ____________ FIRST SCHEDULE Classification of unsalvageable components SECOND SCHEDULE Maintenance Classification THIRD SCHEDULE Production Planning 64 Official Gazette nº 21bis of 25/05/2015 CIVIL AVIATION (APPROVED MAINTENANCE ORGANIZATION) REGULATIONS 2015 PART I – PRELIMINARY Citation 1. These Regulations may be cited as Civil Aviation (Approved Maintenance Organization) Regulations 2015. Interpretation 2. When the following terms are used in the Civil Aviation (Aircraft Registration and Marking) Regulations, they have the following meanings: - “acceptable” means the Authority has reviewed the method, procedure, or policy and has neither objected to nor approved its proposed use or implementation; “ accountable manager” means the manager who has corporate authority for ensuring that all maintenance activities required by the owner or operator of an aircraft are financed and carried out to the standard required by the Authority; “aeronautical product” means any aircraft, engine, propeller, or subassembly, appliance, material, part, or component to be installed thereon; “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; “aircraft component” means any assembly, item component, part of an aircraft up to and including a complete powerplant or any operational or emergency equipment; “aircraft type” means all aircraft of the same basic design; “airframe” means the fuselage, booms, nacelles, cowlings, fairings, airfoil surfaces (including rotors but excluding propellers and rotating airfoils of a powerplant), and landing gear of an aircraft and their accessories and controls; “airworthiness data” means any information necessary to ensure that an aircraft or aircraft component can be maintained in a condition such that airworthiness of the aircraft, or serviceability of operational and emergency equipment, as appropriate, is assured; “Airworthy” means the status of an aircraft, engine, propeller or part when it conforms to its approved design and is in a condition for safe operation “AMO” means Approved Maintenance Organisation; “AOC” means Air Operator Certificate; “appliance” means any instrument, mechanism, equipment, part, apparatus, appurtenance, or accessory, including communication equipment, that is used or intended to be used in operating or controlling an aircraft in flight, is installed in or attached to the aircraft, and is not part of an airframe, powerplant, or propeller; “approved by the Authority” means approved by the Authority directly or in accordance with a procedure approved by the Authority; “approved data” means technical information approved by the Authority; “approved continuous maintenance program” means a maintenance program approved by the State of Registry; “approved maintenance organisation” means an organisation approved to perform specific aircraft maintenance activities by the Authority; “approved standard” means a manufacturing, design, maintenance, or quality standard approved by the Authority; “approved training” means Training conducted under special curricula and supervision approved by a Contracting State “article” means any item, including but not limited to, an aircraft, airframe, aircraft engine, propeller, appliance, accessory, assembly, subassembly, system, subsystem, component, unit, product, or part; “Authority” means the Rwanda Civil Aviation Authority; “calibration” means a set of operations, performed in accordance with a definite 65 Official Gazette nº 21bis of 25/05/2015 documented procedure, that compares the measurement performed by a measurement device or working standard for the purpose of detecting and reporting or eliminating by adjustment errors in the measurement device, working standard, or component tested; “certificate of release to service” means a document containing a certification that inspection and maintenance work has been performed satisfactorily in accordance with the methods prescribed by the Authority; “certifying staff” means personnel authorised by the approved maintenance organisation in accordance with a procedure acceptable to the Authority to certify aircraft or aircraft components for release to service; “composite” means structural materials made of substances, including, but not limited to, wood, metal, ceramic, graphite, boron, epoxy, plastic, fibre-reinforced built-in strengthening agents that may be in the form of filaments, foils, powders, or flakes, of a different material; “composite structure” means a type of aircraft structure made of plastic resins reinforced with strong light weight filaments; “computer system” means any electronic or automated system capable of receiving, storing, and processing external data, and transmitting and presenting such data in a usable form for the accomplishment of a specific function; “Contracting State” means a state that is signatory to the Convention on International Civil Aviation (Chicago Convention); “dangerous goods” means articles or substances which are capable of posing a risk to health, safety, property or the environment and which are shown in the list of dangerous goods in the Technical Instructions or which are classified according to those Instructions; “engine” means a unit used or intended to be used for aircraft propulsion. It consists of at least those components and equipment necessary for functioning and control, but excludes the propeller/rotors (if applicable); “error” means an action or inaction by an operational person that leads to deviations from organizational or the operational person’s intentions or expectations; “error management” means the process of detecting and responding to errors with countermeasures that reduce or eliminate the consequences of errors and mitigate the probability of further errors or undesired states; “facility” means a physical plant, including land, buildings, and equipment, which provides the means for the performance of maintenance, preventive maintenance, or modifications of any article; “fatigue” means physiological state of reduced mental or physical performance capability resulting from sleep loss or extended wakefulness and/or physical activity that can impair a crew member’s alertness and ability to safely operate an aircraft or perform safety related duties; “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 axis; 66 Official Gazette nº 21bis of 25/05/2015 “housing” means buildings, hangers, and other structures to accommodate the necessary equipment and materials of a maintenance organisation that:- (a) provide working space for the performance of maintenance, preventive maintenance, or modifications for which the maintenance organisation is certificated and rated; (b) assembly, and testing; (c) provide structures for the proper protection of aircraft, airframes, aircraft engines, propellers, appliances, components, parts, and subassemblies thereof during disassembly, cleaning, inspection, repair, modification; and (d) provide for the proper storage, segregation, and protection of materials, parts, and supplies; “human factors principles” means 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” means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations; “inspection” means the examination of an aircraft or aircraft component to establish conformity with a standard approved by the Authority; “large aeroplane” means an aeroplane of a maximum certificated take-off mass of over 5 700 kg; “maintenance” means tasks required to ensure the continued airworthiness of an aircraft or aircraft component including any one or combination of overhaul, repair, inspection, replacement, modification, and defect rectification; “maintenance organization’s procedures manual” means a document endorsed by the head of the maintenance organization which details the maintenance organization’s structure and management responsibilities, scope of work, description of facilities, maintenance procedures and quality assurance or inspection systems; “maintenance programme” means a document which describes the specific scheduled maintenance tasks and their frequency of completion and related procedures, such as a reliability programme, necessary for the safe operation of those aircraft to which it applies; “major modification” means a type design change not listed in the aircraft, aircraft engine, or propeller specifications that might appreciably affect the mass and balance limits, structural strength, performance, powerplant operation, flight characteristics, or other qualities affecting airworthiness or environmental characteristics, or that will be embodied in the product according to non-standard practices; “maintenance release” means a document which contains a certification confirming that the maintenance work to which it relates has been completed in a satisfactory manner, either in accordance with the approved data and the procedures described in the maintenance organization’s procedures manual or under an equivalent system; “major repair” means a repair of an aeronautical product that might appreciably affect flight the structural strength, performance, powerplant, operation characteristics, or other qualities affecting airworthiness or environmental characteristics, or that will be embodied in the product using non-standard practices; “maximum mass” means maximum certificated take-off mass; “modification” means a change to the type design of an aircraft or aeronautical product which is not a repair; “operator’s maintenance control manual” means a document which describes 67 Official Gazette nº 21bis of 25/05/2015 the operator’s procedures necessary to ensure that all scheduled and unscheduled maintenance is performed on the operator’s aircraft on time and in a controlled and satisfactory manner; “overhaul” means the restoration of an aircraft or aircraft component using methods, techniques, and practices acceptable to the Authority, including disassembly, cleaning, and inspection as permitted, repair as necessary, and reassembly; and testing in accordance with approved standards and technical data, or in accordance with current standards and technical data acceptable to the Authority, which have been developed and documented by the State of Design, holder of the type certificate, supplemental type certificate, or a material, part, process, or appliance approval under Parts Manufacturing Authorisation (PMA) or Technical Standard Order (TSO); “powerplant” means an engine that is used or intended to be used for propelling aircraft, and it includes turbo, superchargers, appurtenances, and accessories necessary for its functioning, but does not include propellers; “preventive maintenance” means simple or minor preservation operations and the replacement of small standard parts not involving complex assembly operations; “psychoactive substances” means Alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded “quality system” means documented organizational procedures and policies: internal audits of those policies and procedures: management review and recommendation for quality improvement;” “rating” means an authorisation entered on, or associated with a license or certificate and forming part thereof, stating special conditions, privileges or limitations pertaining to such license or certificate; “repair” means the restoration of an aeronautical product to an airworthy condition to ensure that the aircraft continues to comply with the design aspects of the appropriate airworthiness requirements used for the issuance of the type certificate for the respective aircraft type, after it has been damaged or subjected to wear; “safety management system” means a systematic approach to managing safety, including the necessary organizational structures, accountabilities, policies and procedures; “small aeroplane” means an aeroplane of a maximum certificated take-off mass of 5 700 kg or less; “specific operating provisions” means a document describing the ratings in detail and containing or referencing material and process specifications used in performing repair work, along with any limitations applied to the maintenance organisation; “State of design” means the Contracting State which approved the original type certificate and any subsequent supplemental type certificates for an aircraft, or which approved the design of an aircraft or aircraft component or appliance; “State of manufacture” means the Contracting State, under whose authority an aircraft was assembled, approved for compliance with the type certificate and all supplemental type certificates, test flown and approved for operation; the State of Manufacture may or may not also be the State of Design; “State of registry” means the Contracting State on whose registry an aircraft is registered; “State safety programme” means an integrated set of regulations and activities aimed at improving safety; “target level of safety (TLS)” means a generic term representing the level of risk which is considered acceptable in particular circumstances; 68 Official Gazette nº 21bis of 25/05/2015 Application 3. These Regulations shall apply to all persons operating or maintaining Rwanda- registered aircraft, wherever operated or maintained. PART II – CERTIFICATION 4. Certificate and Specific Operating Provisions (1) A person shall not operate as an approved maintenance organization without or in violation of an approved maintenance organization certificate issued under these Regulations. (2) An approved maintenance organization may perform maintenance, preventive maintenance, or modifications on an aircraft, airframe, engine, propeller, appliance, component or its part only for which it is rated and within the limitations placed in its specific operating provisions. (3) An approved maintenance organization certificate shall consist of: (a) a certificate for public display issued by the Authority; and (b) specific operating provisions accepted by the Authority containing the the approved maintenance to terms and conditions applicable organization. (4) An approved maintenance organization certificate shall contain: (a) a certificate number specifically assigned to the approved maintenance organization; (b) name and location of the main place of business of the approved maintenance organization; (c) date of issue and period of validity, if any; and (d) terms of approval and ratings issued to the approved maintenance organization. (5) The approved maintenance organization certificate shall be in the form prescribed by the Authority. (6) Specific operating provisions referred to in sub-regulation 4(b) shall contain: (a) a certificate number specifically assigned to the approved maintenance organization; (b) class or limited ratings issued in detail, including special approvals and limitations issued; (c) date issued or revised; and (d) signatures of the accountable manager and Authority. (7) The certificate issued to an approved maintenance organization shall be displayed in the premises for inspection by the public and the Authority. (1) An organization shall not advertise as an approved maintenance organization unless an approved maintenance organization certificate has been issued to that organization. (2) An approved maintenance organization shall not make any statement, either in writing or orally, about itself that is false or is designed to mislead any person. (3) When the advertising of a maintenance organization indicates that it is approved, the advertisement must clearly state the approved maintenance organization’s certificate number referred to in regulation 4. An applicant for an approved maintenance organization certificate shall submit the following to the Authority at least ninety days before the intended day of operations: (a) an application on a form and in a manner prescribed by the Authority; (b) the applicant’s maintenance procedures manual in duplicate; (c) a list of the maintenance functions to be performed for it, under 69 Advertising 5. 6. Application for an approved maintenance organization certificate Official Gazette nº 21bis of 25/05/2015 contract, by another approved maintenance organization; (d) a list of all approved maintenance organization certificates and ratings pertinent to those certificates issued by any Contracting State other than Rwanda; and (e) any additional information the Authority requires the applicant to submit. Issue of an approved maintenance organization certificate 7. An applicant shall be issued an approved maintenance organization certificate if after inspection, the Authority finds that the applicant: (a) meets the requirements for the holder of an approved maintenance organization specified under these Regulations; and (b) is properly and adequately equipped for the performance of maintenance of aircraft or aircraft component for which it seeks approval; (c) meets the requirements of Civil Aviation (Safety Management Systems) Regulations; Validity and renewal of certificate 8. (1) A certificate issued to an AMO shall be valid for twelve months from the date of issue or renewal, unless a shorter period is specified by the Authority or: (a) the Authority amends, suspends, revokes or otherwise terminates the certificate; (b) the approved maintenance organization surrenders it to the Authority; or (c) the approved maintenance organization suspends operations for more than 180 continuous days. (2) A person issued with an approved maintenance organization certificate shall upon suspension or revocation of the certificate return the certificate to the Authority. (3) An application for renewal of an approved maintenance organization certificate shall be made on a form prescribed by the Authority at least sixty days before the certificate expires. (4) Where a request for renewal is made after the expiry of an approved maintenance organization certificate the applicant shall meet initial application requirements provided for in regulation 6 Continued validity of approval 9. Unless the approved maintenance organization certificate has previously been surrendered, superseded, suspended, revoked or expired by virtue of exceeding any expiration date that may be specified in the certificate, the continued validity of the certificate is dependent upon: (a) (b) the approved maintenance organization remaining in compliance with these regulations; and the Authority being granted access to the organization’s facilities to determine continued compliance with these Regulations; 10. Changes to the approved maintenance organization and certificate amendments (1) An approved maintenance organization shall notify the Authority of any proposal to carry out any changes to enable the Authority to determine compliance with these Regulations and to amend if necessary, the approved maintenance organization certificate. (2) An approved maintenance organization shall not effect the following changes without prior approval of the Authority: (a) the name of the approved maintenance organization; (b) the location of the approved maintenance organization; (c) additional locations of the approved maintenance organization; (d) accountable manager and any of the management personnel specified in the approved maintenance organization’s maintenance procedural 70 Official Gazette nº 21bis of 25/05/2015 manual; (e) the facilities, equipment, tools, material, procedures, work scope and certifying staff that could affect the approval; and (f) ratings held by the approved maintenance organization. (3) Unless the Authority determines that the approval should be suspended, the the approved the conditions under which Authority may prescribe maintenance organization may operate during the changes. 11. Ratings of the approved maintenance organization (4) An approved maintenance organization certificate may be suspended by the Authority if changes in items listed under sub-regulation (2) have been made by the approved maintenance organization without notifying the Authority. (5) An application for the amendment of an existing approved maintenance organization certificate shall be made on a form and in a manner prescribed by the Authority, and where applicable, the approved maintenance organization shall submit the required amendment to the maintenance procedures manual to the Authority for approval. The following ratings may be issued to an approved maintenance organization certificated under these regulations: (a) Airframe ratings. (i) Class 1: Composite construction of small aircraft. (ii) Class 2: Composite construction of large aircraft. (iii) Class 3: All-metal construction of small aircraft. (iv) Class 4: All-metal construction of large aircraft. (b) Powerplant ratings. (i) Class 1: Reciprocating engines of 400 horsepower or less. (ii) Class 2: Reciprocating engines of more than 400 horsepower. (iii) Class 3: Turbine engines. (c) Propeller ratings. (i) Class 1: All fixed pitch and ground adjustable propellers of wood, metal, or composite construction. (ii) Class 2: All other propellers, by make. (d) Radio ratings. (i) Class 1: Communication equipment: Any radio transmitting equipment or receiving equipment, or both, used in aircraft to send or receive communications in flight, regardless of carrier frequency or type of modulation used; including auxiliary and related aircraft interphone systems, amplifier systems, electrical or electronic inter- crew signalling devices, and similar equipment; but not including equipment used for navigation of the aircraft or as an aid to navigation, equipment for measuring altitude or terrain clearance, other measuring equipment operated on radio or radar principles, or mechanical, electrical, gyroscopic, or electronic instruments that are a part of communications radio equipment. (ii) Class 2: Navigational equipment: Any radio system used in aircraft for en route or approach navigation, except equipment operated on radar or pulsed radio frequency principles, but not including equipment for measuring altitude or terrain clearance or other distance equipment operated on radar or pulsed radio frequency principles. (iii) Class 3: Radar equipment: Any aircraft electronic system operated on radar or pulsed radio frequency principles. (e) Instrument ratings (i) Class 1: Mechanical: Any diaphragm, bourdon tube, aneroid, optical, or mechanically driven centrifugal instrument that is used on aircraft or to operate aircraft, including tachometers, airspeed indicators, 71 Official Gazette nº 21bis of 25/05/2015 pressure gauges drift sights, magnetic compasses, altimeters, or similar mechanical instruments. (ii) Class 2: Electrical: Any self-synchronous and electrical indicating instruments and systems, including remote indicating instruments, cylinder head temperature gauges, or similar electrical instruments. (iii) Class 3: Gyroscopic: Any instrument or system using gyroscopic principles and motivated by air pressure or electrical energy, including automatic pilot control units, turn and bank indicators, directional gyros, and their parts, and flux gate and gyrosyn compasses. (iv) Class 4: Electronic: Any instruments whose operation depends on electron tubes, transistors, or similar devices including capacitance type quantity gauges, system amplifiers, and engine analyzers. (f) Computer systems rating. (i) Class 1: Aircraft computer systems; (ii) Class 2: Powerplant computer systems; and (iii) Class 3: Avionics computer systems. (g) Accessory ratings. (i) Class 1: Mechanical accessories that depend on friction, hydraulics, mechanical linkage, or pneumatic pressure for operation, including aircraft wheel brakes, mechanically driven pumps, carburettors, aircraft wheel assemblies, shock absorber struts and hydraulic servo units. (ii) Class 2: Electrical accessories that depend on electrical energy for their operation, and generators, including starters, voltage regulators, electric motors, electrically driven fuel pumps magnetos, or similar electrical accessories. (iii) Class 3: electronic accessories that depend on the use of an electron tube transistor, or similar device, including supercharger, temperature, air conditioning controls, or similar electronic controls. (iv) Class 4: Auxiliary Power Unit (APU) that may be installed on aircraft as self-contained units to supplement the aircraft’s engines as a source of hydraulic, pneumatic, or electrical power. 12. Limited ratings to approved maintenance organization (1) Whenever the Authority finds it appropriate, it may issue a limited rating to an approved maintenance organization that maintains or alters only a particular type of airframe, powerplant, propeller, radio, instrument, computer or accessory, or parts thereof, or performs only specialised maintenance requiring equipment and skills not ordinarily found in an approved maintenance organization with ratings as specified in regulation 11. (2) A rating issued under sub-regulation (1) may be limited to: (a) a specific model aircraft, engine, or constituent part, or to any number of parts made by a particular manufacturer. (b) airframes of a particular make and model; (c) engines of a particular make and model; (d) propellers of a particular make and model; (e) instruments of a particular make and model; (f) computers of a particular make and model; (g) radio equipment of a particular make and model; (h) accessories of a particular make and model; (i) landing gear components; (j) floats, by make; (k) non-destructive inspection, testing, and processing; (l) emergency equipment; (m) rotor blades, by make and model; 72 Official Gazette nº 21bis of 25/05/2015 (n) aircraft fabric work; and (o) any other purpose for which the Authority finds the applicant's request is appropriate. (3) A specialised service rating may be issued to an approved maintenance organization to perform specific maintenance or processes and the specific operating provisions of the approved maintenance organization shall identify the specification used in performing specialised services which may be – (a) a civil or military specification that is currently used by industry and approved by the Authority; or (b) a specification developed by the approved maintenance organization and approved by the Authority. 13. Approved maintenance organization capability (1) Except for functions that are contracted out, each approved maintenance organization shall provide equipment and material so that the functions listed in these regulations as appropriate to the class or limited rating held or applied for, can be performed as required. (2) For an airframe rating, Classes 3, 4: (a) the functions in respect to metal skin and structural components are- (i) (ii) repair and replace steel tubes and fittings using the proper welding techniques, when appropriate; apply anticorrosion treatment to the interior and exterior of parts; perform simple machine operations; fabricate steel fittings; repair and replace metal skin; repair and replace alloy members and components; assemble and align components using jigs or fixtures; (iii) (iv) (v) (vi) (vii) (viii) make up forming blocks or dies; (ix) repair or replace ribs. (b) the functions in respect to wood structure are – splice wood spars; repair ribs and spars; align interior of wings; repair or replace plywood skin; apply treatment against wood decay; (i) (ii) (iii) (iv) (v) (c) the functions in respect to fabric covering; are repair of fabric surfaces; (d) the functions in respect to aircraft control systems are- (i) repair and replace control cables; (ii) (iii) (iv) rig complete control system; replace and repair all control system components; remove and install control system units and components; (e) the functions in respect to aircraft systems are- (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) replace and repair landing gear hinge-point components and attachments; maintain elastic shock absorber units; conduct landing gear retraction cycle tests; maintain electrical position indicating and wiring systems; repair and fabricate fuel, pneumatic, hydraulic, and oil lines; diagnose electrical and electronic malfunctions; repair and replace electrical wiring and electronic data transmission lines; install electrical and electronic equipment; perform bench check of electrical and electronic components, not to be confused with the more complex functional test after repair or overhaul; 73 Official Gazette nº 21bis of 25/05/2015 (f) the functions in respect to assembly operations are- (i) (ii) assemble aircraft components or parts, such as landing gear, wings, and controls; rig and align aircraft components, including the complete aircraft and control system; install powerplants; install instruments and accessories; assemble and install cowlings, fairings, and panels; (iii) (iv) (v) (vi) maintain and install windshields and windows; (vii) maintain and install windshields and panels; (viii) jack or hoist complete aircraft; (ix) balance flight control surfaces; (g) non-destructive inspection and testing using dye penetrants and fluorescent, or holographic radiographic, magnetic, ultrasonic, inspection techniques; (h) the functions in respect to inspection of metal structures are the inspection of metal structures using appropriate inspection equipment to perform the inspections required on an aircraft. (3) For an airframe rating Classes 1 and 2, in addition to having the capability to perform the appropriate functions set forth for class 1, 2, 3, or 4 airframe ratings, an approved maintenance organization holding a class 1 or 2 airframe rating for composite aircraft must have the following equipment- (a) autoclave capable of providing positive pressure and temperature consistent with materials used; (b) a circulating oven with vacuum capability storage equipment, such as freezer, refrigerator, and temperature-control cabinets or other definitive storage areas; (c) honeycomb core cutters; (d) non-destructive inspection equipment such as x-ray, ultrasonic, or other types of acoustic test equipment as recommended by the manufacturer; (e) cutting tools, such as diamond or carbide saws or router bits, suitable for cutting and trimming composite structures; (f) scales adequate to ensure proper proportioning by mass of epoxy adhesive and resins; (g) mechanical pressure equipment such as vacuum bagging or sand bags, as appropriate; (h) thermocouple probes necessary to monitor cure temperatures; (i) hardness testing equipment using heat guns that are thermostatically controlled for curing repairs; and (j) appropriate inspection equipment to perform inspection of composite structures as recommended by the manufacturer and as required for inspection of an aircraft under these regulations. (4) For a powerplant rating, Class 1and 2 – (a) the functions in respect to maintenance and alteration of powerplants, including replacement of parts- (i) perform chemical and mechanical cleaning; (ii) perform disassembly operations; (iii) replace bushings, bearings, pins, and inserts; (iv) perform heating operations that may involve the use of recommended techniques that require controlled heating facilities; perform chilling or shrinking operations; remove and replace studs; inscribe or affix identification information; (v) (vi) (vii) (viii) paint powerplants and components; 74 Official Gazette nº 21bis of 25/05/2015 (ix) apply anticorrosion treatment for parts; (b) inspection of all parts, using appropriate inspection aids- (i) determine precise clearances and tolerances of all parts; (ii) inspect alignment of connecting rods, crankshafts, and impeller shafts; (c) accomplishment of routine machine work- (i) ream inserts, bushings, bearings, and other similar components; reface valves; (ii) (d) accomplishment of assembly operations- (i) perform valve and ignition-timing operations; (ii) fabricate and test ignition harnesses; (iii) fabricate and test rigid and flexible fluid lines; (iv) prepare engines for long or short term storage; (v) hoist engines by mechanical means. (5) For a powerplant rating Classes 3, in addition to having the capability to perform the appropriate functions as required for Class 1 and 2 powerplant ratings, a maintenance organization holding a Class 3 powerplant rating must have the following equipment- (a) (b) (c) (d) testing equipment; surface treatment antigallant equipment; functional and equipment requirements recommended by manufacturer; and appropriate inspection equipment. the (6) For propeller rating class 1 the functions are- (a) remove and install propellers; (b) maintain and alter propellers, including installation and replacement of parts- (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) inspect components using appropriate inspection aids- (i) replace bladed tipping; refinish wood propellers; make wood inlays; refinish plastic blades; straighten bent blades within repairable tolerances; modify blade diameter and profile; polish and buff; perform painting operations; (ii) (iii) inspect propellers for conformity with manufacturer’s drawings and specifications; inspect hubs and blades for failures and defects using all visual aids, including the etching of parts; inspect hubs for wear of splines or keyways or any other defect; balance propellers- (i) (ii) test for proper track on aircraft; test for horizontal precision equipment. and vertical unbalance using (c) (d) (7) For propeller rating class 2 the functions - (a) remove and install aircraft propellers, which may include installation and replacement of parts- (i) (ii) (iii) perform all functions listed under Class 1 propellers when applicable to the make and model of propeller in this class; properly lubricate moving parts; assemble complete propeller and subassemblies using special tools when required; 75 Official Gazette nº 21bis of 25/05/2015 (b) inspect components using appropriate inspection aids for those functions listed for Class 1 propellers under sub regulation (b) and (c) when applicable to the make and model of the propeller being worked on; (c) repair or replace components or parts- (i) (ii) (iii) (iv) replace blades, hubs or any of their components; repair or replace anti-icing devices; remove nicks or scratches from metal blades; repair or replace electrical propeller components; (d) balance propellers, including those functions listed for class 1 propellers under sub regulation 6 (d) when applicable to the make and model of the propeller being worked on; (e) test propeller pitch-changing mechanism- (i) (ii) test hydraulically operated propellers and components; test electrically operated propellers and components. (8) For radio rating Class 1, 2, and 3, the functions are – (a) perform physical inspection of radio systems and components by visual and mechanical inspection; (b) perform electrical inspection of radio systems and components by means of appropriate electrical or electronic test equipment; (c) check aircraft wiring, antennas, connectors, relays, and other associated avionics components to detect installation faults; (d) check engine ignition systems and aircraft accessories to determine sources of electrical interference; (e) check aircraft power supplies for adequacy and proper functioning; (f) remove, repair, and replace aircraft antennas; (g) measure transmission line attenuation; (h) measure radio component values such as inductance, capacitance, and resistance; (i) determine waveforms and phase in avionics equipment when applicable; (j) determine proper aircraft radio antenna, lead-in, and transmission-line characteristics and determine proper locations for type of radio equipment to which the antenna is connected; (k) determine the operational condition of radio equipment installed in aircraft by using appropriate portable test apparatus; (l) test all types of transistors: solid-state, integrated circuits; or similar devices in equipment appropriate to the class rating; (m) test radio indicators. (9) For radio rating class 1, in addition to having the capability to perform the functions listed in sub regulation (8)- (a) test and repair headsets, speakers, and microphones; (b) measure radio transmitter power output; (c) measure modulation values, noise, and distortion in communication equipment; (10) For radio rating class 2, in addition to having the capability to perform the functions listed in sub regulation (8)- (a) test and repair headsets; (b) test speakers; (c) measure loop antenna sensitivity by appropriate methods; (d) calibrate to approved performance standards any radio navigational equipment, en route and approach aids, or similar equipment, as appropriate to this rating. (11) For radio rating class 3, in addition to having the capability to perform the functions listed in sub regulation (8), measure transmitter power output. (12) For computer systems rating class 1, 2, and 3 the functions are- 76 Official Gazette nº 21bis of 25/05/2015 (a) maintain computer systems in accordance with manufacturer’s specifications, test requirements, and recommendations; (b) remove, maintain, and replace computer systems in aircraft; (c) inspect, test, and calibrate computer system equipment, including software. (13) For instrument rating class 1 the functions are- (a) diagnose instrument malfunctions on the following instruments- (i) rate-of-climb indicators. (ii) altimeters; (iii) airspeed indicators; (iv) vacuum indicators; (v) oil pressure gauges; (vi) hydraulic pressure gauges; (vii) de-icing pressure gauges; (viii) pitot-static tube; (ix) direct indicating compasses; (x) (xi) direct indicating tachometers; (xii) direct reading fuel quantity gauges; accelerometer; (b) inspect, test, and calibrate the instruments listed in paragraph (a) on and off the aircraft, as appropriate. (14) For instrument rating class 2 the functions are- (a) diagnose instrument malfunctions of the following instruments- tachometers; synchroscope; electric temperature indicators; electric resistance-type indicators; (i) (ii) (iii) (iv) (v) moving magnet-type indicators; (vi) warning units (oil and fuel); (vii) selsyn systems and indicators; (viii) self-synchronous systems and indicators; (ix) (x) (xi) (xii) ammeters; (xiii) voltmeters; (xiv) frequency meters. remote indicating compasses; quantity indicators; avionics indicators; (b) inspect, test, and calibrate instruments listed in paragraph (a) on and off the aircraft, as appropriate. (15) For instrument rating Class 3 the functions are- (a) diagnose instrument malfunctions of the following instruments- turn and bank indicators; directional gyros; (i) (ii) (iii) horizon gyros; (iv) auto pilot control units and components; (b) inspect, test, and calibrate instruments listed in paragraph (a) of this regulation on and off the aircraft, as appropriate. (16) For instrument rating Class 4 the functions are – (a) diagnose instrument malfunctions of the following instruments- capacitance-type quantity gauge; laser gyros; (i) (ii) (iii) other electronic instruments; (b) inspect, test, and calibrate instruments listed in paragraph (a) on and off the aircraft, as appropriate. (17) For accessory rating class 1, 2, 3, and 4, the approved maintenance 77 Official Gazette nº 21bis of 25/05/2015 organization shall perform the following functions in accordance with the manufacturer’s specifications and recommendations- (a) diagnose accessory malfunctions. (b) maintain and alter accessories, including installing and replacing parts. (c) inspect, test, and calibrate accessories on and off the aircraft as appropriate. Sub-contracted maintenance functions 14. (1) An approved maintenance organization may sub-contract its maintenance functions to another approved maintenance organization. (2) An approved maintenance organization may sub-contract maintenance functions to an organization which is not approved by the Authority provided that the approved maintenance organization meet the following conditions; (a) the approved maintenance organization shall be approved for work which is to be sub-contracted and have the capability to assess the competence of the sub-contractor; (b) the approved maintenance organization must retain responsibility for quality control and release of the sub-contracted activities, including the appropriate airworthiness requirements; and (c) have necessary procedures for the control of the sub-contracted activities, together with the terms for the personnel responsible the management. PART III - HOUSING, FACILITIES, EQUIPMENT AND MATERIALS General 15. An approved maintenance organization shall have personnel, facilities, equipment, and materials in quantity and quality that meet the standards specified under these Regulations. Housing and facility requirements 16. (1) Housing and facilities shall be provided as appropriate for all planned work ensuring, in particular, protection from adverse weather conditions. (2) All work environments shall be appropriate for the task carried out and shall not impair the effectiveness of personnel. (3) Office accommodation shall be appropriate for the management of planned work including, in particular, the management of quality, planning, and technical records. (4) Specialised workshops and bays shall be segregated, as appropriate; to ensure that environmental and work area contamination is unlikely to occur. (5) Storage facilities shall be provided for parts, equipment, tools and materials. (6) Storage conditions shall be provided security for serviceable parts, segregation of serviceable parts from unserviceable parts, and for prevention of deterioration of and damage to stored items. (7) For ongoing maintenance of aircraft, aircraft hangars shall be available and large enough to accommodate aircraft during maintenance activities. (8) Where the hangar is not owned by the approved maintenance organization, the approved maintenance organization shall: (a) (b) (c) (d) provide evidence to the Authority that the approved maintenance organization is authorizised to use the hangar; demonstrate sufficiency of hangar space to carry out planned base maintenance by preparing a projected aircraft hangar visit plan relative to the maintenance program; update the aircraft hangar visit plan on a regular basis; ensure that aircraft component maintenance, aircraft component workshops are large enough to accommodate the components on planned maintenance; 78 Official Gazette nº 21bis of 25/05/2015 (e) (f) (g) ensure that aircraft hangar and aircraft component workshop structures prevent the ingress of rain, hail, ice, snow, wind and dust; ensure that workshop floors are sealed to minimise dust generation; and demonstrate access to hangar accommodation for usage during adverse weather for minor scheduled work or lengthy defect rectification. (9) Aircraft maintenance staff shall be provided with an area where they may study maintenance instructions and complete maintenance records in a proper manner. (10) Hangars used to house aircraft together with office accommodation shall be such as to ensure a clean, effective and comfortable working environment by ensuring that: (a) (b) (c) (d) temperatures are maintained at a comfortable level; dust and any other airborne contamination are kept to a minimum and not permitted to reach a level in the work task area where visible aircraft or component surface contamination is evident; lighting is such as to ensure each inspection and maintenance task can be carried out; and noise levels are not permitted to rise to the point of distracting personnel from carrying out inspection tasks and where it is impractical to control the noise source, such personnel shall be provided with the necessary personal equipment to stop excessive noise causing distraction during inspection tasks. (11) Where a particular maintenance task requires the application of specific environmental conditions different from those specified in sub-regulation (10), then such conditions shall be observed. (Specific conditions are identified in the approved maintenance instructions). (12) Where the working environment for line maintenance deteriorates to an unacceptable level with respect to temperature, moisture, hail, ice, snow, wind, light, dust or other airborne contamination, the particular maintenance or inspection tasks shall be suspended until satisfactory conditions are re- established. (13) For both base and line maintenance where dust or other airborne contamination results in visible surface contamination, all susceptible systems shall be sealed until acceptable conditions are re-established. (14) Storage facilities for serviceable aircraft components shall be clean, well- ventilated and maintained at an even dry temperature to minimise the effects of condensation. (15) Manufacturer and standards recommendations shall be followed for specific aircraft components. (16) Storage racks shall provide sufficient support for large aircraft components so that the component is not distorted. (17) All aircraft components, wherever practicable, shall remain packaged in protective material to minimise damage and corrosion during storage. (1) An approved maintenance organization shall have available the necessary equipment, tools, and material to perform the approved scope of work, and these items shall be under full control of the approved maintenance organization. (2) Equipment and tools shall be available at all times except in the case of any tool or equipment that is so rarely needed that its permanent availability is not necessary. (3) The Authority may exempt an approved maintenance organization from possessing specific tools and equipment for maintenance or repair of an aircraft 79 17. Equipment, tools, components and material Official Gazette nº 21bis of 25/05/2015 or aircraft component specified in the approved maintenance organization certificate, if the tools and equipment can be acquired temporarily, by prior arrangement, and be under full control of the approved maintenance organization when needed to perform required maintenance or repairs. (4) The Authority may not amend the approval to delete the aircraft or aircraft component on the basis that it is a temporary situation and there is a formal agreement from the approved maintenance organization to re-acquire tools, equipment, or other items before performing any maintenance or repair. (5) An approved maintenance organization shall control all applicable tools, equipment, and test equipment used for product acceptance or for making a finding of airworthiness. (6) An approved maintenance organization shall ensure that all applicable tools, equipment, and test equipment used for product acceptance or for making a finding of airworthiness are calibrated to ensure correct calibration to a standard acceptable to the Authority and traceable to national or international standards. (7) An approved maintenance organization shall keep all records of calibrations and the standards used for calibration. (8) Except as provided in sub-regulation (6), in the case of foreign manufactured tools, equipment, and test equipment, the standard provided by the State of manufacture may be used if approved by the Authority. (9) Where the manufacturer specifies a particular tool, equipment or test equipment then that tool, equipment, or test equipment shall be used unless the manufacturer has identified the use of an equivalent. (10) Except as provided in sub-regulation (9), tools, equipment, or test equipment other than those recommended by the manufacturer shall be acceptable based on at least the following: (a) the approved maintenance organization shall have a procedure in the maintenance procedure manual if it intends to use equivalent tools, equipment, or test equipment other than that recommended by the manufacturer; (b) the approved maintenance organization shall have a programme to include: (i) a description of the the procedures used competence of personnel that make the determination of equivalency of tools, equipment, or test equipment; to establish (ii) conducting and documenting the comparison made between the specification of the tool, equipment or test equipment recommended by the manufacturer and the equivalent tool, equipment, or test equipment proposed; (iii) ensuring that the limitations, parameters, and reliability of the proposed tool, equipment, or test equipment are equivalent to the manufacturer's recommended tools, equipment, or test equipment; (iv) ensuring that the equivalent tool, equipment, or test equipment is capable of performing the appropriate maintenance function, all normal tests, or calibrations, and checking all parameters of the aircraft or aircraft component undergoing maintenance or calibration; and the approved maintenance organization shall have full control of the equivalent tool, equipment, or test equipment through an ownership, lease or other legal arrangement. (v) (11) An approved maintenance organization approved for base maintenance shall have sufficient aircraft access equipment and inspection platforms or docking such that the aircraft may be properly inspected. 80 Official Gazette nº 21bis of 25/05/2015 (12) The approved maintenance organization shall have a procedure to inspect or service and, where appropriate, calibrate tools, equipment, and test equipment on a regular basis and indicate to users that an item is within any inspection or service or calibration time limit. (13) The approved maintenance organization shall have a procedure to ensure that if it uses a standard (primary, secondary or transfer standards) for performing calibration, that standard cannot be used to perform maintenance. (14) A clear system of labelling all tooling, equipment and test equipment shall be used to give information on when the next inspection or service or calibration is due, and where the item is unserviceable for a reason that is not obvious. (15) A clear system of labelling all tooling, equipment, and test equipment shall be used to give information on when such tooling, equipment and test equipment is not used for product acceptance or for making a finding of airworthiness. (16) A register shall be maintained for all calibrated tools, equipment and test equipment together with a record of calibrations and standards used. (17) Inspection, service, or calibration on a regular basis shall be in accordance with the equipment manufacturers' instructions except where the approved maintenance organization can show by results that a different time period is appropriate in a particular case and is acceptable to the Authority. (18) All components shall be classified and appropriately segregated into the following categories: (a) Serviceable Components which shall be Standard parts used on an aircraft, engine, propeller or other aircraft component when specified in the manufacturer's illustrated parts catalogue and/or the maintenance data, are in a satisfactory condition, and are issued with appropriate certificate of release. (b) Unserviceable components which shall be maintained in accordance with these regulations. (c) Unsalvageable components which are classified in accordance with the First Schedule. (d) Material both raw and consumable used in the course of maintenance when the organisation is satisfied that the material meets the required specification and has appropriate traceability. All material must be accompanied by documentation clearly relating to the particular material and containing a conformity to specification statement plus both the manufacturing and supplier source. (19) Prior to installation of a component, the organisation shall ensure that the particular component is eligible to be fitted when different modification and/or airworthiness directive standards may be applicable. (20) The organisation may fabricate a restricted range of parts to be used in the course of undergoing work within its own facilities provided procedures are identified in the exposition. (21) Components which have reached their certified life limit or contain a non-repairable defect shall be classified as unsalvageable and shall not be permitted to re-enter the component supply system unless certified life limits have been extended or a repair solution has been approved according to these regulations. (1) An approved maintenance organization under the managerial control of another approved maintenance organization may operate as a satellite maintenance organization with its own certificate issued by the Authority. A satellite maintenance organization — (a) may not hold a rating not held by the certificated repair station with managerial control; 81 Satellite maintenance organization 18. Official Gazette nº 21bis of 25/05/2015 (b) (c) (d) shall meet the requirements for each rating it holds; shall submit a maintenance organization procedures manual acceptable to the Authority as required by regulation 27; and shall submit a quality control manual acceptable to the Authority as required by regulation 28. (2) Unless the Authority indicates otherwise, personnel and equipment from the certificated repair station with managerial control and from each of the satellite repair stations may be shared. However, inspection personnel shall be designated for each satellite repair station and available at the satellite repair station any time a determination of airworthiness or return to service is made. 82 Official Gazette nº 21bis of 25/05/2015 PART IV – ADMINISTRATION 19. Approved maintenance organization personnel and training requirements (1) An approved maintenance organization shall appoint a management person or group of persons acceptable to the Authority, whose responsibilities include ensuring in compliance with these Regulations. the approved maintenance organization that is (2) A person appointed as manager shall represent the maintenance management structure of the approved maintenance organization, and shall be responsible for all functions specified in these Regulations. (3) A manager shall be directly responsible to an accountable manager who shall be acceptable to the Authority. (5) (4) An approved maintenance organization shall employ sufficient personnel to plan, perform, inspect, certify and supervise maintenance functions in accordance with the approved maintenance organization certificate. The competence of personnel involved in maintenance shall be established in accordance with a procedure and to a standard acceptable to the Authority. (6) A person signing a certificate of release to service shall be qualified in accordance with the Civil Aviation (Personnel Licensing) Regulations as appropriate to the work performed and as acceptable to the Authority. The maintenance personnel and the certifying staff shall meet the qualification requirements and receive initial and continuation training to their assigned tasks and responsibilities in accordance with a program acceptable to the Authority. The training program established by the approved maintenance organization shall include training in knowledge and skills related to human performance, including coordination with other maintenance personnel and flight crew. (7) (8) (9) An approved maintenance organization’s functions shall be allocated to individual managers or combined in any number of ways, dependent upon the size of the approved maintenance organization. 83 Management Personnel required for aircraft maintenance organisation Official Gazette nº 21bis of 25/05/2015 20. An approved maintenance organization shall have an accountable manager acceptable to the Authority, with corporate authority for ensuring that all the necessary resources are available to support the approved maintenance organization approval. The accountable manager shall: (a) ensure that all necessary resources are available to accomplish maintenance in accordance with these regulations to support the organisation approval. establish and promote the safety and quality policy specified in these regulations demonstrate a basic understanding of these regulations. (b) (c) (1) The approved maintenance organization shall have qualified personnel with proven competence in civil aviation available and serving in the following positions or their equivalent: (d) base maintenance manager; (e) line maintenance manager; (f) workshop manager; and (g) quality manager (h) Safety manager (2) For the purpose of sub-regulation (2) “competence in civil aviation” means that an individual has a technical qualification and management experience acceptable to the Authority for the position served. (3) The Authority may approve positions, other than those listed in sub-regulation (2) if the approved maintenance organization is able to show that it can perform the approved functions safely under the direction of fewer or different categories of management personnel due to the size of the approved maintenance organization. (4) The approved maintenance organization shall make temporal arrangements to ensure continuity of supervision of its functions if maintenance is conducted in the absence of any required management personnel. (5) A person serving in a required management position in an approved maintenance organization shall not serve in a similar position in any other approved maintenance organization unless exemption is issued by the Authority. (6) The person or persons nominated shall be identified and their credentials submitted in a form and manner established by the competent authority. (7) The person or persons nominated shall be able to demonstrate relevant knowledge, background and satisfactory experience related to aircraft or component maintenance and demonstrate a working knowledge of these regulations. Qualification and responsibility of personnel 21. (1) The accountable manager shall posses the following qualifications: (a) a background in the management of aircraft maintenance organizations; (b) knowledge of these Regulations and other regulations and materials published by the Authority that are applicable to aircraft maintenance; and (c) a thorough knowledge of the organization’s maintenance procedures. (2) When authorized by the Authority, the accountable manager may delegate all or part of his responsibility in writing to another person in a management position within the organization; (3) A base maintenance manager shall, dependent upon the scope of approval of an approved maintenance organization, be responsible for ensuring that all maintenance carried out in the hangar is carried out in accordance with the approved maintenance schedule or programme. (4) The minimum qualification for the base maintenance manager shall be as follows: 84 Official Gazette nº 21bis of 25/05/2015 (a) a licenced maintenance engineer with appropriate ratings in airframe and engines or avionics; (b) at least five years experience in maintaining the same category of aircraft including one year in the capacity of returning aircraft to service, except if the Authority specifies otherwise; (c) have received type training on a representative number of aircraft maintained within the approved scope of the approved maintenance organization as acceptable to the Authority. (d) have attended a management or supervisory course (5) A line maintenance manager shall be responsible for ensuring that all maintenance required to be carried out on the line, including line defect rectification, is performed to the required standards; and any corrective action resulting from quality compliance monitoring; (6) The minimum qualifications for line maintenance manager are: (a) (b) (c) a licenced maintenance engineer with appropriate airframe, powerplant or avionics ratings; and at least five years experience in maintaining the same category of aircraft including one year in the capacity of returning aircraft to service, except if the Authority specifies otherwise. have attended a management or supervisory course (7) A workshop manager shall be responsible for ensuring that all work on aircraft components in the workshop and any corrective action resulting from quality compliance monitoring is performed to required standards; (8) The minimum qualifications for a workshop manager are: (a) (b) (c) a licenced maintenance engineer with appropriate airframe, engines or avionics rating and at least five years experience in maintaining components for the same category of aircraft including one year in the capacity of returning components to service except if the Authority specifies otherwise. have attended a management or supervisory course (9) A quality manager shall be responsible for monitoring the approved maintenance organization’s compliance with these Regulations; and requesting remedial action as necessary by the base maintenance manager or line maintenance manager or workshop manager or the accountable manager, as appropriate. (10) The minimum qualifications for quality manager are: (a) (b) a licenced maintenance engineer with appropriate airframe and engine or avionics ratings; and at least five years experience in the field of aircraft maintenance, except if the Authority specifies otherwise; and (c) must have successfully completed a training in quality management course recognized by the Authority. have attended a management or supervisory course (d) (1) An approved maintenance organisation shall have a production planning system, as specified in the Third Schedule, appropriate to the amount and complexity of work to provide for the availability of all necessary personnel, tools, equipment, material, maintenance data and facilities in order to ensure the safe completion of the maintenance work. (2) The planning of maintenance tasks, and the organising of shifts, shall take into account human performance limitations; (a) The approved maintenance organization shall have a production man- hours plan showing that it has sufficient man-hours for the intended 85 Production Planning 22. Official Gazette nº 21bis of 25/05/2015 work. (b) Where an approved maintenance organization is certified for base maintenance, the man-hours plan shall relate to the aircraft hangar visit plan. (c) Man-hours plans shall be regularly updated. (d) Work performed on any aircraft registered outside Rwanda shall be taken into account where it impacts upon the production man-hours plan. (3) When it is required to hand over the continuation or completion of maintenance tasks for reasons of a shift or personnel changeover, relevant information shall be adequately communicated between outgoing and incoming personnel. (4) Quality monitoring compliance function relating to man-hours shall be such as will be sufficient to meet the requirement of rest and duty limitations for persons performing maintenance functions. Assessment of personnel 23. (1) Planners, aircraft maintenance engineers, mechanics, supervisors and certifying staff of an approved maintenance organization shall be assessed for competence by “on the job” evaluation or by examination relevant to their particular role within the approved maintenance organization before unsupervised work is permitted. (2) The assessment specified in sub-regulation (1) shall be based on job description for each post in and shall establish that: (a) (b) (c) (d) to requirements interpret maintenance planners are able into maintenance tasks, and have an appreciation that they have no authority to deviate from the aircraft maintenance program; aircraft maintenance engineers and mechanics are able to carry out maintenance tasks to any standard specified in the maintenance instructions and will notify supervisors of mistakes requiring rectification to re-establish required maintenance standards; supervisors are able to ensure that all required maintenance tasks are carried out and where not done or where it is evident that a particular maintenance task cannot be carried out to the maintenance instructions, then such problems will be reported to and agreed upon by the quality department of the approved maintenance organization; and certifying staff are able to determine when an aircraft or an aircraft component is or is not ready for release to service. Training of certifying staff 24. (3) Planners, supervisors, and certifying staff, shall demonstrate knowledge of approved maintenance organization procedures relevant to their particular role. (1) Initial and continuing training of certifying staff shall be performed by an approved maintenance organization or a training organization selected by the approved maintenance organization. (2) An approved maintenance organization shall establish the curriculum and standards for training of personnel and establish pre-qualification standards intended to ensure that the trainee has a reasonable chance of successfully completing any course. (3) The training programme, training facilities and the curriculum to train certifying staff as provided for in sub-regulation (2) shall be approved by the Authority. (4) The training programme submitted to the Authority under sub-regulation (3) shall include: (a) (b) details of the number of personnel who will receive initial training to qualify as certifying staff over specified time periods; and for maintenance personnel and certifying staff of the approved maintenance organization, training in knowledge and skills related to 86 Rest and duty limitations for persons performing maintenance functions in an approved maintenance organization Record of certifying staff 26. Official Gazette nº 21bis of 25/05/2015 live performance including coordination with other maintenance personnel and flight crew. (5) All trained personnel shall be examined at the end of each training course. (6) All certifying staff of an approved maintenance organization shall undergo initial training that covers: (a) (b) basic engineering theory relevant to the scope of work performed by the approved maintenance organization; specific information on the actual aircraft type on which the person is intended to become a certifying person including the impact of repairs and system or structural defects; and company procedures relevant to the certifying staff's tasks. (7) All certifying staff of an approved maintenance organization who have undergone initial training shall undertake continuation training in changes in approved maintenance organization procedures and changes in the standard of aircraft or aircraft component maintained. (c) 25. (1) A person shall not: (a) (b) assign maintenance functions for aircraft unless the assignee has had a minimum rest period of eight hours prior to the beginning of duty; perform maintenance functions for aircraft unless that person had a minimum rest period of eight hours prior to the beginning of duty. (2) A person shall not: (a) (b) schedule a person performing maintenance functions for aircraft for more than twelve consecutive hours of duty; or perform maintenance functions for aircraft for more than twelve consecutive hours of duty. (3) In situations involving unscheduled aircraft unserviceability, persons performing maintenance functions for aircraft may be continued on duty for: (a) (b) up to sixteen consecutive hours; or twenty hours in twenty-four consecutive hours. (4) Following unscheduled duty periods, the person performing maintenance functions for aircraft shall have a mandatory rest period of ten hours. (5) An approved maintenance organization shall relieve the person performing maintenance functions from all duties for twenty-four consecutive hours during any seven consecutive day periods. (1) An approved maintenance organization shall maintain a roster of all certifying staff, which includes details of the scope of their authorization and the certifying staff shall be notified in writing of the scope of that authorization. (2) The following minimum information shall be kept on record in respect of each certifying person: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) name; date of birth; basic training; type training; continuation training; experience; qualifications relevant to the approval; scope of the authorization; date of first issue of the authorization; expiration date of the authorization, where appropriate; and identification number of the authorization. (3) Records of certifying staff shall be controlled by the approved maintenance organization’s quality department. 87 Official Gazette nº 21bis of 25/05/2015 (4) The number of persons authorized to access the records system shall be limited to minimise the possibility of records being altered in an unauthorized manner and to limit confidential records from becoming accessible to unauthorized persons. (5) Certifying staff shall be given reasonable access on request, to their records. (6) The Authority may investigate the records system for initial and continued approval, or when the Authority has cause to doubt the competence of a particular certifying person. (7) An approved maintenance organization shall keep the record of a certifying staff for at least two years following a date on which a staff has ceased employment with the approved maintenance organization or upon withdrawal of the certifying staff authorization. (8) The certifying staff shall upon request be furnished with a copy of their record on leaving the approved maintenance organization. (9) The authorization document issued to the certifying staff under this regulation shall be in a style that makes it scope clear to certifying staff and the Authority that may be required to examine the document and where codes are used to define scope, an interpretation document shall be readily available. (10) Certifying staff shall be required to carry the authorization document at all times and shall produce it on request from the Authority. Approved maintenance organization maintenance procedures manual PART V – APPROVED MAINTENANCE ORGANIZATION OPERATING RULES 27. (1) An approved maintenance organization shall provide a maintenance procedures manual for the use by maintenance personnel. (2) An approved maintenance organization maintenance procedure manual and any subsequent amendments shall be approved by the Authority prior to use. (3) An approved maintenance organization maintenance procedures manual shall specify the scope of work required of the approved maintenance organization in order to satisfy the relevant requirements for an approval of an aircraft or aircraft component for return to service. (4) An approved maintenance organization maintenance procedures manual and any other manual it identifies shall: (a) (b) (c) (d) (c) include instructions and information necessary to allow the personnel to perform their duties and responsibilities with a high degree of safety; be in a form that is easy to revise and contain a system which allows personnel to determine current revision status; have the date of the last revision printed on each page containing the revision; not be contrary to any Laws of Rwanda or the approved maintenance organization’s operations specifications; and include a reference to appropriate civil aviation regulations. (5) Without prejudice to the preceding provisions of this regulation, an approved maintenance organization maintenance procedures manual shall contain the following information: (a) a statement signed by the accountable manager confirming that the approved maintenance organization maintenance procedures manual and any associated manuals define the approved maintenance organization 's compliance with this regulation and will be complied with at all times; (b) a list which describes the duties and responsibilities of the 88 Official Gazette nº 21bis of 25/05/2015 management personnel and the matters on which they may deal directly with the Authority on behalf of the approved maintenance organization; a procedure to establish and maintain a current list of the titles and names of the approved maintenance organization’s management personnel accepted by the Authority; an organization chart showing associated chains of responsibility of the management personnel; a procedure to establish and maintain a current roster of certifying staff; a description of the procedures used to establish the competence of maintenance personnel; a general description of manpower resources; description of the method used for the completion and retention of the maintenance records; a description of the procedure for preparing the certificate of release to service, the circumstances under which the certificate of release to service is to be signed, the personnel authorized to sign the maintenance release and the scope of their authorization; a description, when applicable, of additional procedures for complying with an air operator certificate holder's maintenance procedures and requirements; a description of the procedures for complying with the service information reporting requirement contained in regulation 36; a description of the procedure for receiving, amending and distributing within the maintenance organization all necessary airworthiness data from the type certificate holder or the type design organization; a general description of the facilities located at each physical address specified in the approved maintenance organization 's certificate; a general description of the approved maintenance organization 's scope of work relevant to the extent of approval; the notification procedure for the approved maintenance organization to use when requesting the approval of changes to the organization of the approved maintenance organization from the Authority; the amendment procedure for the approved maintenance organization maintenance procedures manual, including the submission to the Authority; the approved maintenance organization 's procedures, acceptable to the Authority, to ensure manual good maintenance practices and compliance with the requirements in these Regulations; the approved maintenance organization’s procedures to establish and maintain an independent quality system to monitor compliance with the adequacy of the procedures to ensure good quality maintenance practices and airworthy aircraft and aircraft components; compliance monitoring shall include a feedback system, acceptable to the Authority, to the person or group of persons specified in regulation 20, and ultimately to the accountable manager to ensure, as necessary, corrective action; such feedback system shall be acceptable to the Authority; approved maintenance organization procedures for self-evaluations, including methods and frequency of such evaluations, and procedures for reporting results to the accountable manager for review and action; a list of operators, if appropriate, to which the approved maintenance 89 (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) Official Gazette nº 21bis of 25/05/2015 (u) (v) organization provides an aircraft maintenance service; a list of organizations performing maintenance on behalf of the approved maintenance organization; and a list of the approved maintenance organization’s line maintenance locations and procedures, if applicable. (6) The list of personnel and certifying staff for sub-regulations (5)(b) and (5)(e) may be separate from the approved maintenance organization maintenance procedures manual, but shall be kept current and available for review by the Authority when requested. (7) The approved maintenance organization shall ensure that: (a) (b) the maintenance procedures manual is amended as necessary to keep the information contained therein up to date; and copies of all amendments to the maintenance procedures manual shall be furnished promptly to all organizations or persons to whom the manual has been issued. (8) Approved maintenance organization personnel shall be familiar with those parts of the manuals that are relevant to the maintenance work they perform. (9) An approved maintenance organization shall specify the approved maintenance organization maintenance procedures manual who should amend the manual, particularly in the case where the manual consists of several parts. (10) The quality manager of an approved maintenance organization shall be in responsible for: (b) (a) monitoring the amendment of the approved maintenance organization maintenance procedures manual, including associated procedures manuals; and submitting proposed amendments to the Authority, unless the Authority has agreed, by a procedure stated in the amendment section of the procedures manual, that some defined class of amendments may be incorporated without approval by the Authority. (11) The approved maintenance organization maintenance procedures manual shall address four main areas— (a) (b) (c) (d) the management procedures covering the parts previously specified; the maintenance procedures covering all aspects of how aircraft components may be accepted from outside sources and how aircraft will be maintained to the required standard; the quality system procedures, including the methods of qualifying mechanics, inspection, certifying staff and quality audit personnel; and contracted air operator certificate holder procedures and paperwork. (12) An approved maintenance organization maintenance procedures manual shall be in a format approved by the Authority. 28. Maintenance procedures and independent quality assurance system (1) An approved maintenance organization shall establish maintenance procedures acceptable to the Authority to ensure good maintenance practices and compliance with all relevant requirements in these Regulations, such that aircraft and aircraft components may be properly released to service. (2) The maintenance procedures established under sub-regulation (1) shall: (a) (b) (c) cover all aspects of maintenance activity and describe standards to which the approved maintenance organization intends to work; take into account the aircraft and aircraft component design and approved maintenance organization standards; and address the provisions and limitations of these Regulations. (3) An approved maintenance organization shall establish an independent quality assurance system, acceptable to the Authority, to monitor compliance with and 90 Official Gazette nº 21bis of 25/05/2015 adequacy of the procedures and by providing a system of inspection to ensure that all maintenance is properly performed. (4) The compliance monitoring specified in sub-regulation (3) shall include a feedback system to the designated management person or group of persons directly responsible for the quality system and ultimately to the accountable manager to ensure, as necessary, corrective action. (5) The quality assurance system established under sub-regulation (3): (a) may be an independent system under the control of the quality assurance manager that evaluates the maintenance procedures and the correctness of the equivalent safety case process; and (b) shall include a procedure to initially qualify and periodically perform audits on persons performing work on behalf of the approved maintenance organization. (6) An approved maintenance organization’s quality system shall be: (a) (b) sufficient to review all maintenance procedures as described in the maintenance procedures manual in accordance with an approved program once a year for each aircraft type maintained indicate when audits are due, when they are completed, and establish a system of audit reports which can be reviewed by the Authority on request. (7) The audit system established under sub-regulation (6)(b) shall clearly establish a means by which audit reports containing observations about non-compliance or poor standards are communicated to the accountable manager. Capability list 29. (1) An approved maintenance organization shall prepare and retain a current capability list approved by the Authority. (2) An approved maintenance organization shall not perform maintenance, preventive maintenance, or modifications on an article until the article has been listed on the capability list in accordance with these Regulations. (3) A capability list specified in sub-regulation (2) shall identify each article by make and model, part number, or other nomenclature designated by the article’s manufacturer. (4) An article may be listed on the capability list only if the article is within the scope of the ratings and classes of the approved maintenance organization certificate, and only after the approved maintenance organization has performed a self-evaluation in accordance with sub-regulation (5). (5) An approved maintenance organization shall perform the self-evaluation described in sub-regulation (4) to determine that the maintenance organization has all of the facilities, equipment, material, technical data, processes, housing, and trained personnel in place to perform the work on the article as required by this regulation. (6) If an approved maintenance organization makes a determination under sub- regulation (5), it may list the article on the capability list. (7) The document of the evaluation described in sub-regulation (4) shall be signed by the accountable manager and shall be retained on file by the approved maintenance organization. (8) Upon listing an additional article on its capability list, the approved maintenance organization shall send a copy of the list to the Authority. (9) The capability list shall be available in the premises for inspection by the public and the Authority. (10) The self-evaluations shall be available in the premises for inspection by the Authority. (11) An approved maintenance organization shall retain a capability list and self- evaluation for two years from the date accepted by the accountable manager. 91 Official Gazette nº 21bis of 25/05/2015 30. Approved maintenance organization privileges (1) An approved maintenance organization shall only carry out the following tasks as permitted by and in accordance with the approved maintenance organization maintenance procedures manual: (a) maintain an aircraft or aircraft components for which it is rated at the locations identified in the approval certificate; (c) (b) maintain any aircraft for which it is rated at any location subject to the need for such maintenance arising from unserviceability of the aircraft; describe the activities in support of a specific air operator certificate holder where that air operator certificate holder has requested the service of the approved maintenance organization at locations other than the location identified on the approved maintenance organization certificate, and the approved maintenance organization has been rated to maintain the aircraft of that specific air operator certificate holder at the requested location in the approved maintenance organization operation provisions approved by the Authority; and issue a certificate of release to service in respect of sub-paragraphs (a), (b) and (c) upon completion of maintenance in accordance with limitations applicable to the approved maintenance organization. (d) (2) The approved maintenance organization may maintain or alter any article for which it is rated at a place other than the approved maintenance organization location if: (a) the approved maintenance organization and the function would be performed in the same manner as when in performed at accordance with this Part; or in accordance with regulation 18, all necessary personnel, equipment, material, and technical or approved standards are available at the place where the work is to be done; and the maintenance procedure manual of the station specified approved procedures governing work to be performed at that place other than the location of the approved maintenance organization. (b) Approved maintenance organization limitations 31. An approved maintenance organization may maintain an aircraft or aircraft component for which it is approved when all necessary housing, facilities, equipment, tools, material, approved technical data and certifying staff are available. Safety management system 32. An approved maintenance organization shall implement a safety management system acceptable to the Authority in accordance with the requirements specified in Civil Aviation (Safety Management Systems) Regulations. Certificate of release to service 33. (1) A certificate of release to service shall be issued by certifying staff when satisfied that all required maintenance of the aircraft or aircraft component has been properly carried out by the approved maintenance organization in accordance with the approved data and maintenance procedures specified in the maintenance organization’s procedures manual. (2) An aircraft component, which has been maintained off the aircraft, requires the issue of a certificate of release to service for such maintenance and another certificate of release to service in regard to being installed properly on the aircraft. (3) A certificate of release to service shall contain a certification including: (a) (b) basic details of the maintenance carried out including detailed reference of the approved data used; the date such maintenance was completed; and 92 Official Gazette nº 21bis of 25/05/2015 (c) (d) the identity, including the authorization reference, of the approved maintenance organization; and the identity of certifying staff issuing the certificate. (4) A certificate of release to service is required: (a) (b) (c) before flight at the completion of any package of maintenance scheduled by the approved aircraft maintenance programme on the aircraft, whether such maintenance took place as base or line maintenance; before flight at the completion of any defect rectification, while the aircraft operates between scheduled maintenance; and at the completion of any maintenance on an aircraft component when off the aircraft. (5) A certificate of release to service shall contain the following statement: "Certifies that the work specified was carried out in accordance with current regulations and in respect of that work the aircraft or aircraft component is considered ready for release to service." (6) A certificate of release to service shall reference the data specified in the manufacturer's or operator's instructions or the aircraft maintenance programme which itself may cross-reference to a manufacturer's instruction in a maintenance manual, service bulletin, or other maintenance-related document. (7) Where instructions include a requirement to ensure that a dimension or test figure is within a specific tolerance as opposed to a general tolerance, the dimension or test figure shall be recorded unless the instruction permits the use of GO or NO GO gauges and, it shall not be sufficient to state that the dimension or the test figure is within tolerance. (8) When extensive maintenance has been carried out, it is acceptable for the certificate of release to service to summarise the maintenance as long as there is a cross-reference to the work-pack containing full details of maintenance carried out. (9) The date such maintenance was carried out shall include when the maintenance took place relative to any life or overhaul limitation in terms of date, flying hours, cycles, landings or some other relevant value as appropriate. (10) Dimensional information shall be retained in the work-pack record. (11) The person issuing the certificate of release to service shall use a full signature and preferably a certification stamp. (12) Where a computer release to service system is used the Authority will need to be satisfied that only the particular person can electronically issue the certificate of release to service. Maintenance records 34. (1) An approved maintenance organization shall record, in a form acceptable to the Authority, all details of work carried out. (2) An approved maintenance organization shall provide a copy of each certificate of release to service to the aircraft operator, together with a copy of any specific maintenance data used for repairs or modifications carried out. (3) An approved maintenance organization shall retain a copy of all detailed maintenance records and any associated maintenance data for two years from the date the aircraft or aircraft component to which the work relates was released from the approved maintenance organization. (4) A person who maintains, performs preventive maintenance, rebuilds, or modifies an aircraft or aircraft component shall: (a) make an entry in the maintenance record of that equipment showing- (i) a description and reference to data acceptable to the Authority of work carried out; the date of completion of the work carried out; (ii) 93 Official Gazette nº 21bis of 25/05/2015 (iii) (iv) (v) the name of the person performing the work if other than the person specified in this regulation; the work performed on the aircraft or aircraft component has been performed satisfactorily, the signature, certificate number, and kind of certificate held by the person approving the work; and the authorized signature, which constitutes the approval for return to service, the approved maintenance organization certificate number and kind of certificate held by the person approving or disapproving for return to service the aircraft, airframe, aircraft engine, propeller, appliance, component part, or portions thereof. (b) in addition to the entry specified in sub-paragraph (a), enter on a form, major repairs and major alterations, and the person performing the work shall execute the form, in the manner prescribed by the Authority. (5) A person shall not describe in any required maintenance entry or form an aircraft or aeronautical component as being overhauled unless: (a) using methods, techniques and practices acceptable to the Authority, it has been disassembled, cleaned, inspected as permitted, repaired as necessary, and reassembled; and (b) it has been tested in accordance with approved standards and technical data, or in accordance with current standards and technical data acceptable the Authority which have been developed and documented by the holder of the type certificate, supplemental type certificate, or a material, part, process, or appliance approval under a technical standard order. to (6) A person shall not describe in any required maintenance entry or form, an aircraft or other aircraft components as being rebuilt unless it has been: (a) disassembled, cleaned, inspected as permitted; (b) repaired as necessary; and (c) reassembled and tested to the same tolerances and limits as a new item, using either new parts or used parts that either conform to new part tolerances and limits, or to approved oversized or undersized dimensions. (7) A person shall not issue a certificate of release to service to any aircraft or aircraft component that has undergone maintenance, preventive maintenance, rebuilding, or modification unless: (a) the appropriate maintenance record entry specified in sub-regulation (4) has been made; and (b) the major repair and major modification form specified in sub- regulation (4) authorized by or furnished by the Authority has been executed in a manner prescribed by the Authority. (8) If a repair or modification results in any change in the aircraft operating limitations or flight data contained in the approved aircraft flight manual, those operating limitations or flight data shall be appropriately revised and set forth as prescribed by the Authority. (9) A person approving or disapproving for return to service an aircraft or aircraft component, after any inspection performed in accordance with this regulation, shall make an entry in the maintenance record of that equipment containing the following information: (a) the type of inspection and a brief description of the extent of the inspection; (b) the date of the inspection and aircraft total time in service; 94 Official Gazette nº 21bis of 25/05/2015 (c) the authorized signature, an approved maintenance organization certificate number, and kind of certificate held by the person approving or disapproving for return to service the aircraft, airframe, aircraft engine, propeller, appliance, component part, or portions thereof; (d) if the aircraft is found to be airworthy and approved for return to service, the following or a similarly worded statement—“I certify that this aircraft has been inspected in accordance with (insert type of inspection) inspection and was determined to be in airworthy condition; (e) if the aircraft is not approved for return to service because of needed the applicable specifications, maintenance, non-compliance with airworthiness directives, or other approved data, the following or a similarly worded statement—“I certify that this aircraft has been inspected in accordance with (insert type of inspection) inspection and a list of discrepancies and unairworthy items dated (insert date) has been provided for the aircraft owner or operator; and (f) if an inspection is conducted under an inspection programme provided for in this regulation, the entry shall identify the inspection programme accomplished, and contain a statement that the inspection was performed in accordance with the inspections and procedures for that particular programme. (10) If the person performing any inspection required by this regulation finds that the aircraft is not airworthy or does not meet the applicable type certificate data sheet, airworthiness directives, or other approved data upon which that aircraft airworthiness depends, that person shall give the owner or lessee a signed and dated list of those discrepancies. (1) An approved maintenance organization shall have current airworthiness data appropriate to support the maintenance work performed on the aircraft or aircraft component from the Authority, the design organization or any other approved design organization in the State of Manufacture or State of Design, as appropriate. (2) Maintenance documents include, but are not limited to:- Airworthiness data 35. (Approved Maintenance Organization) (a) the Civil Aviation Regulations; associated advisory material; airworthiness directives; (b) (c) (d) manufacturers' maintenance manuals; (e) repair manuals; (f) supplementary structural inspection documents; (g) service bulletins; (h) service letters; (i) service instructions; (j) modification leaflets; (k) (l) (m) aircraft maintenance program; non-destructive testing (NDT ) manual; and airworthiness notices issued by the Authority. (3) The Authority may classify data from another authority or organization as mandatory and may require the approved maintenance organization to hold such data. (4) Where the approved maintenance organization modifies airworthiness data specified in sub-regulation (1) or (2) to a format or presentation more useful for its maintenance activities, the approved maintenance organization shall submit to the Authority an amendment to the maintenance procedure manual for any such proposed modifications for acceptance. (5) All airworthiness data used by the approved maintenance organization shall be 95 Official Gazette nº 21bis of 25/05/2015 kept current and made available to all personnel who require access to that data to perform their duties. (6) A procedure shall be established to monitor the amendment status of all data and maintain a check that all amendments are being received by being a subscriber to any document amendment scheme. (7) Airworthiness data shall be made available in the work area in close proximity to the aircraft or aircraft components being maintained and for supervisors, mechanics, and certifying staff to refer to. (8) Where computer systems are used to maintain airworthiness data, the number of computer terminals shall be sufficient in relation to the size of the work program to enable easy access, unless the computer system can produce paper copies. (9) Where microfilm or microfiche readers - printers are used, a similar requirement as specified in sub-regulation (8) is applicable. (1) An approved maintenance organization shall report to the Authority, the aircraft design organization of the State of design any identified condition that could present a serious hazard to the aircraft. (2) Reports shall be made on a form prescribed by the Authority and contain all pertinent information about the condition known to the approved maintenance organization. (3) Where the approved maintenance organization is contracted by an air operator certificate holder to carry out maintenance, that approved maintenance organization shall report to the air operator certificate holder any condition affecting the aircraft or aircraft component. (4) Reports shall be made as soon as practicable, but in any case within three days of the approved maintenance organization identifying the condition to which the report relates. Reporting of unairworthy conditions 36. Inspections 37. (1) The Authority shall inspect an approved maintenance organization at least once Performance standards 38. annually. (2) Arrangements for maintenance, preventive maintenance, or modifications by a contractor must include provisions for inspections of the contractor by the Authority. (3) An approved maintenance organization shall allow the Authority unlimited access to inspect an approved maintenance organization and any of its contracted maintenance facilities at any time to determine compliance with these Regulations as specified in regulation 39. (1) An approved maintenance organization that performs any maintenance, preventive maintenance, or modifications for an air operator certificate holder the Civil Aviation (Air Operator Certification and certificated under Administration) Regulations, having an approved maintenance programme or an approved continuous maintenance programme shall perform that work in accordance with the air operator certificate holder’s manuals. (2) Except as provided in sub-regulation (1) of this regulation, each approved maintenance organization shall perform its maintenance and modification operations in accordance with the applicable standards in the current Civil Aviation (Airworthiness) Regulations. (3) An approved maintenance organization shall maintain, in current condition, all manufacturer’s service manuals, instructions, and service bulletins that relate to the articles that it maintains or modifies. (4) An approved maintenance organization with an avionics rating shall comply with those requirements of these Regulations that apply to electronic systems, and shall use materials that conform to approved specifications for equipment 96 Official Gazette nº 21bis of 25/05/2015 appropriate to its rating and test apparatus, shop equipment, performance standards, test methods, modifications, and calibrations that conform to the manufacturer’s specifications or instructions, approved specification, and if not otherwise specified, in accordance with good practices of the aircraft avionics industry. Access for inspection 39. An approved maintenance organization shall for the purpose of inspection: (a) (b) grant the Authority unrestricted access to any of its organization premises, documents, records, allied facilities and aircraft; and ensure that the Authority is granted unrestricted access to any organization or facilities that it has contracted for services associated with maintenance for aircraft. 97 Official Gazette nº 21bis of 25/05/2015 FIRST SCHEDULE __________ Regulation 17(17) Classification of Unsalvageable Components 1. The following types of components should typically be classified as unsalvageable: (a) Components with non-repairable defects, whether visible or not to the naked eye; (b) Components that do not meet design specifications, and cannot be brought into conformity with such specifications; (c) Components subjected to unacceptable modification or rework that is irreversible (d) Certified life-limited parts that have reached or exceeded their certified life limits, or have missing or incomplete records; (e) Components that cannot be returned to airworthy condition due to exposure to extreme forces, heat or adverse environment; (f) Components for which conformity with an applicable airworthiness directive cannot be accomplished; (g) Components for which maintenance records and/or traceability to the manufacturer cannot be retrieved. 2. It is common practice for possessors of aircraft components to dispose of unsalvageable components by selling, discarding, or transferring such items. In some instances, these items have reappeared for sale and in the active parts inventories of the aviation community. Misrepresentation of the status of components and the practice of making such items appear serviceable have resulted in the use of unsalvageable nonconforming Components. Therefore Organisations disposing of unsalvageable aircraft components should consider the possibility of such components later being misrepresented and sold as serviceable components. Caution should be exercised to ensure that unsalvageable components are disposed of in a manner that does not allow them to be returned to service. 98 Official Gazette nº 21bis of 25/05/2015 SECOND SCHEDULE __________ Regulation 4(2) Classification of Base and Line Maintenance For the purposes of these regulations, maintenance is classified into base and line maintenance as specified in the table below; 1. Line Maintenance should be understood as any maintenance that is carried out before flight to ensure that the aircraft is fit for the intended flight. (a) Line Maintenance may include: (i) Trouble shooting. (ii) Aircraft and or aircraft component servicing which include lubrication and replenishing of fluids. (iii) Defect rectification. (iv) Component replacement with use of external test equipment if required. Component replacement may include components such as engines and propellers. (v) Scheduled maintenance and/or checks including visual inspections that will detect obvious unsatisfactory conditions/discrepancies but do not require extensive in depth inspection. It may also include internal structure, systems and power-plant items which are visible through quick opening access panels/doors. (vi) Minor repairs and modifications which do not require extensive disassembly of aircraft and or aircraft component. (b) For temporary or occasional cases (AD’s, SB’s) the Quality Manager may accept base maintenance tasks to be performed by a line maintenance organisation provided all requirements are fulfilled as defined by the Authority. (c) Aircraft maintained in accordance with ‘progressive’ type programmes should be individually assessed in relation to this paragraph. In principle, the decision to allow some ‘progressive’ checks to be carried out should be determined by the assessment that all tasks within the particular check can be carried out safely to the required standards at the designated line maintenance station. 2. Base Maintenance shall include any maintenance tasks falling outside criteria specified under 1(a) of this schedule. 3. Where the organisation uses facilities both inside and outside Rwanda such as satellite facilities, sub- contractors, line stations etc., such facilities may be included in the approval without being identified on the approval certificate subject to the maintenance organisation exposition identifying the facilities and containing procedures to control such facilities and the Authority being satisfied that they form an integral part of the approved maintenance organisation. 99 Official Gazette nº 21bis of 25/05/2015 THIRD SCHEDULE __________ Regulation 22(1) Production Planning 1. Depending on the amount and complexity of work generally performed by the maintenance organisation, the planning system may range from a very simple procedure to a complex organisational set-up including a dedicated planning function in support of the production function. 2. For the purpose of these regulations, the production planning function includes two complementary elements: (a) scheduling the maintenance work ahead, to ensure that it will not adversely interfere with other work as regards the availability of all necessary personnel, tools, equipment, material, maintenance data and facilities. (b) during maintenance work, organising maintenance teams and shifts and provide all necessary support to ensure the completion of maintenance without undue time pressure. 3. When establishing the production planning procedure, consideration should be given to the following: (a) logistics, (b) inventory control, (c) square meters of accommodation, (d) man-hours estimation, (e) man-hours availability, (f) preparation of work, (g) hangar availability, (h) environmental conditions (access, lighting standards and cleanliness), (i) co-ordination with internal and external suppliers, etc. (j) scheduling of safety-critical tasks during periods when staff are likely to be most alert. 4. Limitations of human performance, in the context of planning safety related tasks, refers to the upper and lower limits, and variations, of certain aspects of human performance which personnel should be aware of when planning work and shifts. (sé) Dr NZAHABWANIAMANA Alexis Minister of State in charge of Transport Seen and sealed with the Seal of the Republic: (sé) BUSINGYE Johnston Minister of Justice/Attorney General 100 Official Gazette nº 21bis of 25/05/2015 ANNEX IV TO THE MINISTERIAL REGULATIONS Nº 02/MOS/TRANS/015 OF 08/04/2015 IMPLEMENTING THE LAW Nº 75/2013 OF 11/09/2013 ESTABLISHING REGULATION GOVERNING CIVIL AVIATION CIVIL AVIATION (AIRCRAFT REGISTRATION AND MARKING) REGULATIONS 2015 ARRANGEMENTS OF REGULATIONS REGULATION PART I-PRELIMINARY 1. Citation 2. Interpretation 3. Non-applicability. PART II - AIRCRAFT REGISTRATION REQUIREMENTS 4. General. 5. Eligibility for registration 6. Classification of aircraft 7. 8. 9. 10. Change of registration or ownership particulars. 11. De-registration. Application for registration of aircraft. Registration of aircraft. Certificate of registration. PART III- NATIONALITY AND REGISTRATION MARKS 12. Marking and manner of affixation 13. Display of marks. 14. Location of marks. 15. Measurement of marks. 16. Types of characters for nationality and registration marks. 17. Deviations for size and location of marks. 18. Removal of marks. 19. Identification plate required. 20. Inspection of certificate of registration 101 Official Gazette nº 21bis of 25/05/2015 SCHEDULES _______ FIRST SCHEDULE Classification of Aircraft SECOND SCHEDULE Certificate of Registration 102 Official Gazette nº 21bis of 25/05/2015 PART I – PRELIMINARY Citation 1. These Regulations may be cited as Civil Aviation (Aircraft Registration and Marking) Regulations 2015. Interpretation 2. When the following terms are used in the Civil Aviation (Aircraft Registration and Marking) Regulations, they have the following meanings: “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. (See First Schedule, Classification of aircraft.) “airship” means a power-driven lighter-than-air aircraft. “Authority” means the Rwanda Civil Aviation Authority “balloon” means a non-power-driven lighter-than-air aircraft. “commercial air transport” means an aircraft operation involving the transport of passengers, cargo, or mail for remuneration or hire. “contracting state” means state that is signatory to the Convention on International Civil Aviation. “common mark” means a mark assigned by the International Civil Aviation Organization to the common mark registering authority registering aircraft of an international operating agency on other than a national basis. “common mark registering authority” means the authority maintaining the non- national register or, where appropriate, the part thereof, in which aircraft of an international operating agency are registered. “fireproof material” means a material capable of withstanding heat as well as or better than steel when the dimensions in both cases are appropriate for the specific purpose. “glider” means a non-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. “gyroplane” means a heavier-than-air aircraft supported in flight by the reactions of the air on one or more rotors which rotate freely on substantially vertical axes. “heavier-than-air aircraft” means any aircraft deriving its lift in flight chiefly from aerodynamic forces. “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. “International Operating Agency” means an agency of the kind contemplated in

Article 77 of the Convention. “lighter-than-air aircraft” means any aircraft supported chiefly by its buoyancy in the air. “ornithopter” means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on planes to which a flapping motion is imparted. “remotely piloted aircraft (RPA)” means an unmanned aircraft which is piloted from a remote pilot station. “rotorcraft” means a power-driven heavier-than-air aircraft supported in flight by the reactions of the air on one or more rotors. “sea plane” means aeroplane equipped with floats or other devices enabling it to land 103 Official Gazette nº 21bis of 25/05/2015 and take-off from the surface of water. “state of registry” means the State on whose register the aircraft is entered. Non- applicability 3. These Regulations shall not apply to meteorological pilot balloons used exclusively for meteorological purposes or to unmanned free balloon without a payload. PART II – AIRCRAFT REGISTRATION REQUIREMENTS General 4. (1) A person shall not operate an aircraft, as classified in the First Schedule to these Regulations, within or fly over Rwanda unless: (a) for an aircraft eligible for registration under the laws of Rwanda, the aircraft has been registered by its owner in accordance with these Regulations and the Authority has issued a certificate of aircraft registration for that aircraft which shall be carried aboard that aircraft for all operations; or (b) it is registered in- i. a Contracting State; or ii. some other State in relation to which there is in force an agreement between the Government of Rwanda and the Government of that State which makes provisions for the flight over Rwanda of aircraft registered in that State. (2) Subject to this regulation, an aircraft shall not be registered or continue to be registered in Rwanda where- (a) the aircraft is registered outside of Rwanda; (b) an unqualified person is entitled as owner to any legal or beneficial interest in the aircraft or to any share therein; (c) it would be inexpedient in the public interest for the aircraft to be or to continue to be registered in Rwanda; or (d) the aircraft does not qualify to be issued with a certificate of airworthiness as specified in the Civil Aviation (Airworthiness) Regulations. (3) A person shall not operate or fly an aircraft unless it bears painted thereon or affixed thereto, in the manner required by the law of the State in which it is registered, the nationality and registration marks required by that law. (4) An aircraft shall not bear any marks which purport to indicate that the aircraft is; (a) registered in a State in which it is not in fact registered; or (b) a State aircraft of a particular State if it is not in fact such an aircraft unless the appropriate authority of that State has sanctioned the bearing of such marks. (5) The Authority shall be responsible for the registration of aircraft in Rwanda and shall maintain a current register on its premises and shall record in it the particulars specified in regulation 8. Eligibility for registration 5. (1) An aircraft is eligible for registration if it is- (a) owned by a qualified person mentioned in sub-regulation (2); and (b) not registered under the laws of any foreign country. (2) The following persons shall be qualified to be the owners of a legal or beneficial interest in an aircraft registered in Rwanda, or a share therein— (a) the Government of Rwanda, the Government of any of East African Community Partner States or one of their entities; (b) citizens of East African Community Partner States or persons legally and bonafide resident in the East African Community; (c) corporate bodies incorporated under the laws of Rwanda that are 104 Official Gazette nº 21bis of 25/05/2015 controlled in fact by citizens of Rwanda or persons legally and bonafide resident in Rwanda and of which at least seventy-five per cent, or such lesser percentage as the Minister may by Order specify, of the voting interests are owned and controlled by citizens of Rwanda or persons legally and bonafide resident in Rwanda;. (3) No individual is qualified to be the registered owner of a Rwanda registered aircraft unless the individual is at least 16 years of age. (4) If an unqualified person residing or having a place of business in Rwanda is entitled as owner to a legal or beneficial interest in an aircraft, or a share therein, the Authority, upon being satisfied that the aircraft may otherwise be properly registered, may register the aircraft in Rwanda and that person shall not cause or permit the aircraft while it is registered in pursuance of this sub-regulation to be used for the purpose of commercial air transport operations or aerial work. (5) If an aircraft is leased or is the subject of a lease, charter or hire purchase agreement to a person qualified under sub-regulation (2), the Authority may, whether or not an unqualified person is entitled as owner to a legal or beneficial interest therein, register the aircraft in the names of the parties to the charter or hire purchase agreement upon being satisfied that the aircraft may otherwise remain so registered during the continuation of the lease, charter or hire-purchase agreement. Classification of aircraft 6. Aircraft shall be classified in accordance with First Schedule. (1) An aircraft which is intended to be operated with no pilot on board shall be further classified as unmanned. (2) Unmanned aircraft shall include unmanned free balloons and remotely piloted aircraft. Application for registration of aircraft 7. (1) A person who wishes to register an aircraft in Rwanda shall submit an application for aircraft registration to the Authority for registration on a form prescribed by the Authority; each application shall— (a) certify as to the citizenship of the applicant; (b) show evidence identifying ownership; and (c) be signed in ink. (2) The application for aircraft registration shall be submitted with the prescribed fee to the Authority. (3) An application for the registration of an aircraft in Rwanda may be made by, or on behalf of the owner: provided that- (a) the applicant is legally entitled to the aircraft; (b) a written notice is submitted to the Authority identifying the person making the application on behalf of the owner; (c) in case of a corporate body, a written notice identifying an officer of the body corporate (and address) who may be served with documents, including the registration certificate issued by the Authority; (d) for imported aircraft with previous registration of a foreign country, a statement issued by the authority responsible for registration of aircraft in that country stating when the registration was cancelled. (4) The application shall contain the following information: (a) a description of the aircraft that identifies it by reference to its manufacturer, its type and model as designated by its manufacturer, and the serial number given to it by its manufacturer; (b) if the aircraft has previously been registered in Rwanda or anywhere else, particulars of the registration, including any registration mark given to the aircraft as a result of the registration; (c) particulars of the registration mark, if it has been reserved for the aircraft; (d) an “Export Certificate of Airworthiness” or similarly titled document 105 Official Gazette nº 21bis of 25/05/2015 providing confirmation by satisfactory review of the airworthiness status of the aircraft. the exporting State of a recent (e) the name and address of each person who holds a property interest in the aircraft and a description of the person’s property interest; (f) the name and address of the registered owner if different from sub- paragraph (d); (g) physical station where the aircraft will be usually stationed; (h) name and signature of the applicant; and (i) date of the application, and (j) any other information as required by the Authority. Registration of aircraft 8. (1) Upon receiving an application for the registration of an aircraft and being satisfied that the aircraft may properly be so registered, the Authority shall register the aircraft, and shall include in the register the following particulars- (a) the number of the certificate; (b) the nationality mark of the aircraft, and the registration mark assigned to it by the Authority; (c) the name of the manufacturer and the manufacturer's designation of the aircraft; (d) the serial number of the aircraft; (e) the name and address of every person who is entitled as owner to a legal interest in the aircraft or a share therein, or, in the case of a lease agreement or financial arrangement, the names and addresses of lessee and lessor or as the case may be, the financier; and (f) conditions with regard to which it is registered. (2) The register of unmanned aircraft shall contain the date, time and location of release, the type of aircraft and the name of the operator. (1) The Authority shall furnish to the person or persons in whose name or names the aircraft is registered (in these Regulations referred to as the “registered owner”) a certificate of registration which shall be a replica, in wording and arrangement, of the certificate shown in Second Schedule; (2) When the certificate of registration is issued in another language than English, it shall include an English translation. (3) Subject to regulation 7, if at any time after an aircraft has been registered in Rwanda an unqualified person becomes entitled as owner to a legal or beneficial interest in the aircraft or share therein, or the ownership of that aircraft is transferred to a person not qualified under the provisions of regulation 5, the registration of the aircraft shall thereupon become void and the certificate of registration shall forthwith be returned by the registered owner to the Authority for cancellation. Certificate of registration 9. Change of registration or ownership particulars 10. (1) A person registered as the owner of an aircraft registered in Rwanda shall notify the Authority of: (a) any change in the particulars which were furnished to the Authority upon application being made for the registration of the aircraft; (b) the destruction of the aircraft or its permanent withdrawal from use; (c) in the case of an aircraft registered in pursuance of regulation 5(4), the termination of the lease, charter or hire-purchase agreement. (2) A person who becomes the owner of an aircraft registered in Rwanda shall inform the Authority in writing within five days after he became owner. (3) The Authority may, where it appears necessary or appropriate, or for purposes of updating the register in accordance with sub-regulation (1) and (2), correct or amend the particulars entered on the register. 106 Official Gazette nº 21bis of 25/05/2015 (4) For purposes of this regulation reference to the registered owner of the aircraft includes, in the case of a deceased person, his legal representative and in the case of a body corporate which has been dissolved, its successor. De-registration 11. (1) The Authority may de-register or cancel the registration of an aircraft under the following circumstances: (a) upon application by the registered owner for purposes of registering the aircraft in another State or for any other purpose; or (b) upon the destruction of the aircraft or its permanent withdrawal from use; (2) The Authority shall, before de-registering an aircraft in accordance with this regulation, require the registered owner to- (a) return to the Authority the certificate of aircraft registration; (b) Settles any liens or encumbrances attached to the aircraft; (c) remove all nationality and registration marks assigned to the aircraft; and (d) comply with any such other conditions as the Authority may specify. (3) Nothing in this regulation shall require the Authority to cancel the registration of an aircraft if in its opinion it would be inexpedient in the public interest to do so. PART III – NATIONALITY AND REGISTRATION MARKS Marking and manner of affixation 12. (1) A person shall not operate an aircraft registered in Rwanda unless it displays nationality and registration marks in accordance with the requirements of these Regulations. (2) The marks used to identify the nationality of Rwanda shall conform to the requirements outlined in regulation 13(1) followed by a series of numbers or letters assigned by the Authority. (3) Unless otherwise authorized by the Authority, a person shall not place on any aircraft a design, mark, or symbol that modifies or confuses the nationality and registration marks. (4) When letters are used for the registration mark, combinations shall not be used which might be confused with the five-letter combinations used in the International Code of Signals, Part II, the three-letter combinations beginning with Q used in the Q Code, and with the distress signal SOS, or other similar urgent signals, for example XXX, PAN and TTT. (5) Permanent marking of aircraft nationality and registration shall— (a) be painted on the aircraft or affixed by other means ensuring a similar degree of permanence; (b) be legible; and (c) be kept clean and visible at all times. (6) The side marks for lighter-than-air aircraft shall be so located as to be visible both from the sides and from the ground. Display of marks 13. (1) An owner of an aircraft registered in Rwanda shall display on that owner’s aircraft the nationality mark “9XR”, as included in the Telecommunication Union and notified to the International Civil Aviation Organization, followed by the registration of the aircraft consisting of two Roman Capital letters assigned by the Authority with a hyphen placed between the nationality mark and the registration mark. (2) If, because of the aircraft configuration, it is not possible to mark the aircraft in accordance with these Regulations, the owner may apply to the Authority for a different procedure. 107 Location of marks Official Gazette nº 21bis of 25/05/2015 14. (1) A person shall not operate a heavier-than-air aircraft unless the aircraft is marked as follows: (a) aircraft with fixed wing:- (i) the marks shall be located on the lower surface of the wing structure of the aircraft and shall be on the left half of the lower surface of the wing structure unless they extend across the lower surfaces of both of the wings and shall, as far as possible, be located equidistant from the leading and trailing edges of the wings. The top of the letters, and numbers, shall be towards the leading edge of the wing or wings; (ii) for an aircraft having more than one set of wings, the mark shall be placed on the lower wing or the lower set of wings, as the case requires; (iii) the marks shall also appear either on each side of the fuselage, or equivalent structure, between the wings and the tail surfaces of the aircraft or on the upper halves of the vertical tail surface of the aircraft; (iv) the marks on the vertical tail surfaces shall be on each side of the vertical tail surface for aircraft with a single vertical surface, and shall be on each of the out board sides of the outer vertical surfaces of the tail structure for an aircraft with multi-vertical surface structure; and (b) rotorcraft and other heavier-than-air aircraft The marks shall be located horizontally on both the port and starboard sides:- (i) on the fuselage; or (ii) on the engine cowling; or (iii) on the tank or tanks; or (iv) on the tail boom; or (v) on any other external surface in manner such that the aircraft can be identified clearly approved by the Authority. (2) A person shall not operate a lighter-than-air aircraft unless the aircraft is marked as follows:- (a) spherical balloon (other than unmanned free balloon): -the marks shall appear in two places diametrically opposite and shall be located near the maximum horizontal circumference of the balloon; (b) non-spherical balloon (other than unmanned free balloon): -the marks shall appear on each side and shall be located near the maximum cross-section of the balloon immediately above either the rigging band or the points of attachment of the basket suspension cable; (c) airship: -The marks on an airship shall appear either on the hull or on the stabilizer surfaces. Where the marks appear on the hull, they shall be located lengthwise on each side of the hull and also on its upper surface on the line of symmetry. Where the marks appear on the stabilizer surfaces, they shall appear on the horizontal and on the vertical stabilizers; the marks on the horizontal stabilizer shall be located on the right half of the upper surface and on the left half of the lower surface, with the tops of the letters and numbers toward the leading edge; the marks on the vertical stabilizer shall be located on each side of the bottom half stabilizer, with the letters and numbers placed horizontally; (d) lighter-than-air-aircraft (other than unmanned free balloon):- -the side marks on lighter-than-air aircraft shall be visible both from the sides and from the ground; and (e) unmanned free balloon: -the marks shall appear on the identification plate. (f) remotely piloted aircraft: -the marks shall appear as shall be prescribed by the Authority. 108 Official Gazette nº 21bis of 25/05/2015 Measurement of marks 15. (1) A person shall not operate an aircraft unless the aircraft is marked with the number and letters comprising one or more marks on the same aircraft of equal height. (2) The width of each letter and number (except the letter I and the number ‘1’) and the length of each hyphen shall be two-thirds the height of a letter or number. (3) The letters, numbers and hyphens shall be: (a) formed by solid lines with thickness of one-sixth of the height of the character; and (b) of colour that is clear contrast to the colour of the background to the marks. (4) Each character shall be separated from that which precedes or follows it, by a space not less than one quarter of the width of a character. A hyphen shall be regarded as a character for this purpose. (5) In the case of lighter-than-air aircraft other than unmanned free balloons the height of the marks shall be at least 50 centimetres. (6) In the case of an unmanned free balloon, the Authority shall determine the measurements of the marks, taking into account the size of the payload to which the identification plate is affixed. (7) The marks on a balloon shall be vertical. (8) In case of fixed wing heavier-than-air aircraft:- (a) the wing marks shall be at least 50 centimetres in height. (b) the marks on the fuselage (or equivalent structure) shall be at least 30 centimetres in height without visually interfering with the outlines of the fuselage (or equivalent structure); and (c) the marks on the vertical tail surface marks shall be at least 30 centimetres in height with a clearance of 5 centimetres from leading and trailing edge of the tail surface. (9) In the case of rotorcraft and other heavier-than-air aircraft:- (a) the marks shall be at least 30 centimetres in height, or (b) if the surface area of that part of the rotorcraft on which the marks are to be located is insufficient to enable compliance with paragraph (a), as high as possible so that the aircraft can be identified readily; (c) in either case the mark must leave a clearance of 5 centimetres from the edge of that part of the rotorcraft on which the marks are located and must not interfere with the outlines of the rotorcraft. (10) The marks shall be vertical or sloping at the same angle being an angle of no more than 30 degrees to the vertical axis. Types of characters for nationality and registration marks 16. A person shall not operate an aircraft unless the aircraft is marked with capital letters in Roman characters without ornamentation; numbers shall be Arabic numbers without ornamentation and hyphens shall be considered as characters. Deviations for size and location of marks 17. (1) Where either one of the surfaces authorized for displaying required marks is large enough for display of marks meeting the size requirements of these Regulations and the other is not, the registered owner shall place full-size marks on the larger surface. (2) Where neither surface is large enough for full-size marks, the Authority may approve marks as large as practicable for display on the larger of the two surfaces. Removal of marks 18. When an aircraft that is registered in Rwanda is sold, the holder of the certificate of registration shall upon de-registration remove, before its delivery to the purchaser, all nationality and registration marks of Rwanda, unless the purchaser is a person described in regulation 5(2). 109 Identification plate required 19. The operator shall affix to each aircraft registered under the laws of Rwanda an identification plate— Official Gazette nº 21bis of 25/05/2015 (a) containing the aircraft type, model, serial number, nationality and registration marks; (b) made of fireproof metal or other fireproof material of suitable physical properties; and (c) secured to the aircraft in a prominent position, (i) near the main entrance, or, (ii) in the case of an unmanned free balloon, affixed conspicuously to the exterior of the payload; and (iii) in the case of a remotely piloted aircraft, secured in a prominent position near the main entrance or compartment or (iv) affixed conspicuously to the exterior of the aircraft if there is no main entrance or compartment. Inspection of certificate of registration 20. A person who holds a certificate of registration required by these Regulations shall present it for inspection upon a request from the Authority or any other person authorized by the Authority. 110 Official Gazette nº 21bis of 25/05/2015 FIRST SCHEDULE __________ Regulation 4 (1) and 6 CLASSIFICATION OF AIRCRAFT 111 Official Gazette nº 21bis of 25/05/2015 SECOND SCHEDULE __________ Regulation 9 CERTIFICATE OF REGISTRATION * State Authority * CERTIFICATE OF REGISTRATION. 1. Nationality or common mark and registration mark. 2. Manufacturer and manufacturer's designation of aircraft. 3. Aircraft serial no. ………………………… …………………………………. …………………………………. …………………………. …………………………………. ………………………………….. 4. Name of owner::……………………………………………………………… 5. Address of owner:…………………………………………………………… 6. I hereby certify that the above described aircraft has been duly entered on the………………………………… …………………………………………… in accordance with the Convention on International Civil Aviation dated 7 December, 1944, and with #………………………………………… #Insert references to applicable regulations (Signature)………………………………………………. Date of issue:…………………………………… * * For use by the State of Registry (sé) Dr NZAHABWANIAMANA Alexis Minister of State in charge of Transport Seen and sealed with the Seal of the Republic: (sé) BUSINGYE Johnston Minister of Justice/Attorney General 112 Official Gazette nº 21bis of 25/05/2015 ANNEX V TO THE MINISTERIAL REGULATIONS Nº 02/MOS/TRANS/015 OF 08/04/2015 IMPLEMENTING THE LAW Nº 75/2013 OF 11/09/2013 ESTABLISHING REGULATION GOVERNING CIVIL AVIATION CIVIL AVIATION (PERSONNEL LICENSING) REGULATIONS 2015 ARRANGEMENT OF REGULATIONS PART I – PRELIMINARY Regulation 1. 2. Citation and definitions Application PART II – LICENCES, CERTIFICATION, RATINGS AND AUTHORIZATIONS 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Licences and certificates issued Ratings issued Authorizations issued Certificates Designations Duration of licences, certificates, ratings and authorizations Validity of licences, certificates, authorisations and designations Decrease in medical fitness Use of psychoactive substances Testing for use of psychoactive substances Deferral of medical examination Extension of validity of Medical Certificate Curtailment of privileges of pilots English language proficiency PART III - VALIDATION AND CONVERSION OF FOREIGN FLIGHT CREW LICENCES AND RECOGNITION OF MILITARY QUALIFICATIONS 17. 18. 19. 20. 21. Validation of licences and ratings issued on the basis of a foreign flight crew member licence Recognition of military or former military flight crew qualifications Conversion of Rwanda Military Pilots Qualification Conversion of foreign pilot licences Conversion of flight engineer licence PART IV - VALIDATION AND CONVERSION OF FOREIGN AIRCRAFT MAINTENANCE ENGINEER LICENCES AND RATINGS AND RECOGNITION OF MILITARY 113 QUALIFICATIONS Official Gazette nº 21bis of 25/05/2015 22. 23. 24. Validation of Aircraft Maintenance Engineer Licence (AMEL) Conversion of foreign AMEL Recognition of military aircraft maintenance personnel qualifications Part V - GENERAL REQUIREMENTS: TESTING AND TRAINING FOR PILOT LICENCES, RATING AND AUTHORIZATIONS 25. 26. 27. 28. 29. 30. 31. 32. 33. Knowledge test: prerequisites and passing grades Practical tests: prerequisites for flight crew Practical tests: general requirements for flight crew Practical tests: required aircraft and equipment Retesting after failure Records of training time Limitations on the use of flight simulation training device. Use of a flight simulation training device for demonstrations of skill General requirements for pilots licences, ratings and authorizations PART VI - PILOT LICENCES Student Pilot Licence Eligibility requirements Solo flight requirements Privileges and Limitations Solo flight cross-country requirements Renewal requirements 34. 35. 36. 37. 38. Private pilot licence 39. 40. 41. 42. 43. 44. Eligibility requirements Aeronautical knowledge requirements Flight instruction requirements Aeronautical experience requirements Privileges and limitations Renewal requirements. Commercial Pilot Licence 45. 46. 47. 48. 49. 50. Eligibility requirements Aeronautical knowledge requirements Flight instruction requirements Aeronautical experience requirements Privileges and limitations Renewal requirements Multi-crew Pilot Licence 114 Official Gazette nº 21bis of 25/05/2015 51. 52. 53. 54. 55. Eligibility requirements Aeronautical skills requirements Flight instruction requirements Aeronautical experience requirements Privileges and limitations Airline Transport Pilot Licence 56. 57. 58. 59. 60. 61. 62. Eligibility requirements Aeronautical knowledge requirements Flight instruction requirements Aeronautical experience requirements Additional aircraft category, class and type ratings Privileges and limitations Renewal requirements Glider Pilot Licence 63. 64. 65. 66. 67. Eligibility requirements Aeronautical knowledge requirements Flight skill requirements Aeronautical experience requirements Privileges and limitations Free Balloon Pilot Licence 68. 69. 70. 71. 72. Eligibility requirements Aeronautical knowledge requirements Flight skill requirements Aeronautical experience requirements Privileges and limitations PART VII : PILOT RATINGS AND AUTHORIZATION 73. 74. 75. 76. 77. Category rating Class ratings Type ratings Category II and III operations pilot authorization requirements Balloon ratings Night Rating 78. 79. 80. 81. General eligibility requirements Flight instruction requirements Privileges and limitations. Renewal requirements 115 Official Gazette nº 21bis of 25/05/2015 Instrument Rating 82. 83. 84. 85. 86. 87. General eligibility requirements Aeronautical knowledge requirements Flight instruction requirements Aeronautical experience and skill requirements Privileges and limitations Renewal requirements Flight Instructor Rating 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. Eligibility requirements Aeronautical knowledge requirements Aeronautical experience Instruction requirements Trainee’s records Additional category Privileges Limitation and qualifications Renewal requirements Renewal of an expired flight instructor rating Flight Examiner Authorization 98. 99. Flight examiner requirements Flight examiner training requirements PART VIII : LICENCES FOR FLIGHT CREW MEMBERS OTHER LICENCES FOR THAN PILOTS Flight Engineers Licence 100. 101. 102. 103. 104. 105. 106. 107. Licences and ratings required General eligibility requirements Additional aircraft ratings Knowledge requirements Aeronautical experience requirements Skill requirements Privileges Renewal requirements Flight Navigator Licence 108. 109. 110. Licences and ratings required General eligibility requirements Knowledge requirements 116 Official Gazette nº 21bis of 25/05/2015 111. 112. 113. 114. Aeronautical experience requirements Skill requirements Privileges Renewal requirements Flight Radiotelephony Operator Licence 115. 116. 117. 118. General eligibility requirements Skill and knowledge requirements Privileges Renewal requirements PART IX : LICENCES, CERTIFICATES, RATINGS AND AUTHORIZATION FOR PERSONNEL OTHER THAN FLIGHT CREW MEMBERS 119. 120. General rules Renewal requirements Air Traffic Controllers Licence 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. Required licences and ratings or qualifications. General eligibility requirements. Knowledge requirements for issue of an air traffic controller licence. Knowledge requirements for air traffic controller ratings Skill requirements Privileges and limitations. Privileges of air traffic controller ratings Validity of air traffic controller ratings Maximum working hours. Responsibilities over fatigue Prohibition of unlicenced air traffic controllers Renewal requirements Ground Instructor Licence 133. 134. 135. 136. Eligibility requirements. Privileges Requirements for ratings. Renewal requirements Flight Operations Officer Licence 137. 138. 139. 140. 141. 142. General eligibility requirements Knowledge requirements. Experience or training requirements Skill requirements. Privileges. Renewal requirements 117 Official Gazette nº 21bis of 25/05/2015 Aircraft Maintenance Engineer Licence 143. 144. 145. 146. 147. General eligibility requirements Aeronautical knowledge and skill requirements Experience requirements: licence with or without type rating Privileges and limitations. Recency and renewal requirements. Aviation Repair Specialist Licence 148. 149. 150. 151. Eligibility requirements Privileges and limitations. Display of authorization Surrender of authorization Aeronautical Station Operator Licence 152. 153. 154. 155. 156. General eligibility requirements Aeronautical knowledge requirements Skill requirements Experience requirements Privileges, limitations and renewal requirements Cabin Crew Member Certificate 157. 158. 159. 160. 161. 162. Required certificate, ratings and qualifications Eligibility requirements. Knowledge requirements Skill requirements Privileges Renewal requirements PART X – AVIATION MEDICAL STANDARDS AND CERTIFICATION General 163. 164. 165. Medical Certificates issued by the Authority Aviation medical examiner, designation and qualifications. Medical Assessor Medical Certification Procedures 166. 167. 168. 169. 170. Statement and medical records. Aviation medical examiner submission of signed medical evaluation report. Issue of Medical Certificate. Denial of Medical Certificate. Medical Confidentiality 118 Issue of special Medical Certificate with a limitation. Official Gazette nº 21bis of 25/05/2015 Duration of Medical Certificate. Renewal of Medical Certificate. Prohibition of Medical certification. 171. 172. 173. 174. General Requirements for Medical Certificates 175. 176. 177. 178. Physical and mental requirements Visual acuity test requirements Colour perception requirements Hearing test requirements Class 1 Medical Certificate 179. 180. 181. 182. 183. 184. 185. 186. 187. 188. 189. 190. 191. 192. 193. Physical requirements Mental fitness Nervous System Cardiovascular system Respiratory system Digestive system Metabolic, nutritional and endocrine systems Haematology Urinary system Sexually transmitted diseases and other infections Gynaecology and obstetrics Musculoskeletal requirements Ear, nose and throat Visual requirements Hearing requirements Class 2 Medical Certificate 194. 195. 196. 197. 198. 199. 200. 201. 202. 203. 204. 205. 206. 207. 208. Physical requirements Mental fitness Nervous System Cardiovascular system Respiratory system Digestive system Metabolic, nutritional and endocrine systems Haematology Urinary system Sexually transmitted diseases and other infections Gynaecology and obstetrics Musculoskeletal requirements Ear, nose and throat Visual requirements Hearing requirements 119 Class 2 Medical Certificate Official Gazette nº 21bis of 25/05/2015 209. 210. 211. 212. 213. 214. 215. 216. 217. 218. 219. 220. 221. 222. 223. Physical requirements Mental fitness Nervous System Cardiovascular system Respiratory system Digestive system Metabolic, nutritional and endocrine systems Haematology Urinary system Sexually transmitted diseases and other infections Gynaecology and obstetrics Musculoskeletal requirements Ear, nose and throat Visual requirements Hearing requirements SCHEDULES First Schedule – Specifications for Personnel Licences Second Schedule – Requirements for Proficiency Languages used for Radiotelephony Communications Third Schedule – Requirements for the issue of the Multi-Crew Pilot Licence — Aeroplane 120 Official Gazette nº 21bis of 25/05/2015 THE CIVIL AVIATION (PERSONNEL LICENSING) REGULATIONS 2015 PART I - PRELIMINARY Citation 1. (1) These regulations may be cited as the Civil Aviation (Personnel Licensing) Regulations 2015 (2) When the following terms are used in these regulations, they have the following meanings: Accredited medical conclusion. The conclusion reached by one or more medical experts acceptable to the Authority for the purposes of the case concerned, in consultation with flight operations or other experts as necessary. Aeroplane. 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. 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. Aircraft avionics. A term designating any electronic device — including its electrical part — for use in an aircraft, including radio, automatic flight control and instrument systems. Aircraft — category. Classification of aircraft according to specified basic characteristics, e.g. aeroplane, helicopter, glider, free balloon. Aircraft certificated for single-pilot operation. A type of aircraft which the State of Registry has determined, during the certification process, can be operated safely with a minimum crew of one pilot. Aircraft required to be operated with a co-pilot. A type of aircraft that is required to be operated with a co-pilot, as specified in the flight manual or by the air operator certificate. Aircraft — type of. All aircraft of the same basic design including all modifications thereto except those modifications which result in a change in handling or flight characteristics. Airmanship. The consistent use of good judgement and well-developed knowledge, skills and attitudes to accomplish flight objectives. 121 Official Gazette nº 21bis of 25/05/2015 Airship. A power-driven lighter-than-air aircraft. Approved maintenance organization. An organization approved by a Contracting State, in accordance with the requirements of Authority in accordance with the Civil Aviation (Approved Maintenance Organization) Regulations, to perform maintenance of aircraft or parts thereof and operating under supervision approved by the Authority. Approved training. Training conducted under special curricula and supervision approved by a Contracting State. Approved training organization. An organization approved by and operating under the supervision of the Authority in accordance with Civil Aviation (Approved Training Organizations) Regulations to perform approved training. ATS surveillance service. A term used to indicate a service provided directly by means of an ATS surveillance system. ATS surveillance system. A generic term meaning variously, ADS-B, PSR, SSR or any comparable ground-based system that enables the identification of aircraft. Balloon. A non-power-driven lighter-than-air aircraft. Certify as airworthy (to). To certify that an aircraft or parts thereof comply with current airworthiness requirements after maintenance has been performed on the aircraft or parts thereof. Commercial air transport operation. An aircraft operation involving the transport of passengers, cargo or mail for remuneration or hire. Competency. A combination of skills, knowledge and attitudes required to perform a task to the prescribed standard. Competency element. An action that constitutes a task that has a triggering event and a terminating event that clearly defines its limits, and an observable outcome. Competency unit. A discrete function consisting of a number of competency elements. Co-pilot. A licensed pilot serving in any piloting capacity other than as pilot-in-command but excluding a pilot who is on board the aircraft for the sole purpose of receiving flight instruction. Credit. Recognition of alternative means or prior qualifications. Cross-country. A flight between a point of departure and a point of arrival 122 Official Gazette nº 21bis of 25/05/2015 following a pre-planned route using standard navigation procedures. Dual instruction time. Flight time during which a person is receiving flight instruction from a properly authorized pilot on board the aircraft. Error. An action or inaction by an operational person that leads to deviations from organizational or the operational person’s intentions or expectations. Error management. The process of detecting and responding to errors with countermeasures that reduce or eliminate the consequences of errors and mitigate the probability of further errors or undesired states. Flight crew member. A licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period. Flight plan. Specified information provided to air traffic services units, relative to an intended flight or portion of a flight of an aircraft. Flight procedures trainer. See Flight simulation training device. Flight simulation training device. Any one of the following three types of apparatus in which flight conditions are simulated on the ground: A flight simulator, which provides an accurate representation of the flight deck of a particular aircraft type to the extent that the mechanical, electrical, electronic, etc. aircraft systems control functions, the normal environment of flight crew members, and the performance and flight characteristics of that type of aircraft are realistically simulated; A flight procedures trainer, which provides a realistic flight deck environment, and which simulates instrument responses, simple control functions of mechanical, electrical, electronic, etc. aircraft systems, and the performance and flight characteristics of aircraft of a particular class; A basic instrument flight trainer, which is equipped with appropriate instruments, and which simulates the flight deck environment of an aircraft in flight in instrument flight conditions. Flight simulator. See Flight simulation training device. Flight time — aeroplanes. The total time from the moment an aeroplane first moves for the purpose of taking off until the moment it finally comes to rest at the end of the flight. Flight time — helicopters. The total time from the moment a helicopter’s rotor blades start turning until the moment the helicopter finally comes to 123 Official Gazette nº 21bis of 25/05/2015 rest at the end of the flight, and the rotor blades are stopped. Glider. A non-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. Glider flight time. The total time occupied in flight, whether being towed or not, from the moment the glider first moves for the purpose of taking off until the moment it comes to rest at the end of the flight. Helicopter. 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. Human performance. Human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations. Instrument flight time. Time during which a pilot is piloting an aircraft solely by reference to instruments and without external reference points. Instrument ground time. Time during which a pilot is practising, on the ground, simulated instrument flight in a flight simulation training device approved by the Authority. Instrument time. Instrument flight time or instrument ground time. Authority. The Rwanda Civil Aviation Authority Likely. In the context of the medical provisions in Part X, likely means with a probability of occurring that is unacceptable to the medical assessor. 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. Medical Assessment. The evidence issued by the Authority that the licence holder meets specific requirements of medical fitness. Medical assessor. A physician, appointed by the Authority, qualified and experienced in the practice of aviation medicine and competent in evaluating and assessing medical conditions of flight safety significance. Medical examiner. A physician with training in aviation medicine and practical knowledge and experience of the aviation environment, who is designated by the Authority to conduct medical examinations of fitness of applicants for licences or ratings for which medical requirements are prescribed. 124 Official Gazette nº 21bis of 25/05/2015 Night. The hours between the end of evening civil twilight and the beginning of morning civil twilight or such other period between sunset and sunrise, as may be prescribed by the appropriate authority. Performance criteria. Simple, evaluative statements on the required outcome of the competency element and a description of the criteria used to judge whether the required level of performance has been achieved. Pilot (to). To manipulate the flight controls of an aircraft during flight time. 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. Pilot-in-command under supervision. Co-pilot performing, under the supervision of the pilot-in-command, the duties and functions of a pilot-in- command, in accordance with a method of supervision acceptable to the Authority. Powered-lift. A heavier-than-air aircraft capable of vertical take-off, vertical landing, and low-speed flight, which depends principally on engine-driven lift devices or engine thrust for the lift during these flight regimes and on non-rotating aerofoil(s) for lift during horizontal flight. Problematic use of substances. The use of one or more psychoactive substances by aviation personnel in a way that: a) constitutes a direct hazard to the user or endangers the lives, health or welfare of others; and/or b) causes or worsens an occupational, social, mental or physical problem or disorder. Psychoactive substances. Alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded. Quality system. Documented organizational procedures and policies; internal audit of those policies and procedures; management review and recommendation for quality improvement. Rated air traffic controller. An air traffic controller holding a licence and valid ratings appropriate to the privileges to be exercised. Rating. An authorization entered on or associated with a licence and forming part thereof, stating special conditions, privileges or limitations 125 Official Gazette nº 21bis of 25/05/2015 pertaining to such licence. Rendering (a licence) valid. The action taken by the Authority, as an alternative to issuing its own licence, in accepting a licence issued by any other Contracting State as the equivalent of its own licence. Sign a maintenance release (to). To certify that maintenance work has been completed satisfactorily in accordance with the applicable Standards of airworthiness, by issuing the maintenance release referred to in Rwanda Civil Aviation (Airworthiness) Regulations. Significant. In the context of the medical provisions in Part X, significant means to a degree or of a nature that is likely to jeopardize flight safety. Solo flight time. Flight time during which a student pilot is the sole occupant of an aircraft. State safety programme (SSP). An integrated set of regulations and activities aimed at improving safety. Threat. Events or errors that occur beyond the influence of an operational person, increase operational complexity and must be managed to maintain the margin of safety. Threat management. The process of detecting and responding to threats with countermeasures that reduce or eliminate the consequences of threats and mitigate the probability of errors or undesired states. Application 2. These regulations prescribe: (a) the requirements for issuing, renewal and re-issue of aviation personnel licences, ratings, authorizations and certificates; (b) the conditions under which those licences, ratings, authorisations and certificates are necessary; and (c) the privileges and limitations granted to the holders of those licences, ratings, authorisations and certificates. PART II – LICENCES, CERTIFICATION, RATINGS, AUTHORIZATIONS AND DESIGNATIONS Licences and certificates issued 3. (1) A person shall not act flight crew member of an aircraft of an aircraft in the categories referred to in sub-regulation (5), ground instructor, flight engineer, flight navigator, flight radiotelephony operator, air traffic controller, aircraft maintenance engineer, flight operations officer, aviation repair specialist, aeronautical station operator or cabin crew 126 Official Gazette nº 21bis of 25/05/2015 member, unless that person is the holder of the appropriate licence or certificate enumerated in sub-regulation (4), issued in accordance with these regulations. (2) A holder of a licence, certificate or authorization issued by the Authority shall have in his physical possession or at the work site when exercising the privileges of that licence, certificate or authorization. (3) A crew member of a foreign registered aircraft shall hold a valid licence, certificate or authorization, including an appropriate and current Medical Certificate, issued by the State of Registry and have it in his or her physical possession or at the work station when exercising the privileges of that licence, certificate or authorization. (4) The Authority may issue the following licences and certificates under these regulations: (a) Pilot Licences, including— (i) Student Pilot Licence; (ii) Private Pilot Licence; (iii) Commercial Pilot Licence; (iv) Multi-crew Pilot Licence (v) Airline Transport Pilot Licence (vi) Glider Pilot Licence (vii) Free Balloon Pilot Licence; (b) Ground Instructor Licence; (c) Flight Engineer Licence; (d) Flight Navigator Licence (e) Flight Radio Telephony Operator Licence Air Traffic Controller Licence; (f) Aircraft Maintenance Engineer Licence; (g) (h) Flight Operations Officer Licence; (i) Aviation Repair Specialist Licence (j) (k) Aeronautical Station Operator Licence; and Cabin Crew Member Certificate. (5) The categories of aircraft referred to in sub-regulation (1) are: (a) aeroplane; (b) airship of a volume of more than 4,600 cubic meters; (c) free balloon (d) glider; (e) helicopter; and (f) powered-lift. (6) The category of aircraft shall be included in the title of the licence itself, or endorsed as a category rating on the licence. (7) When the holder of a pilot licence seeks a licence for an additional category of aircraft, the Authority shall either: (a) issue the licence holder with an additional pilot licence for that category of aircraft; or (b) endorse the original licence with the new category, subject to the condition of regulation 4(1)(a). (8) Where the applicant does not meet the specific requirements for the renewal of the particular licence, he shall obtain a student pilot licence to 127 Official Gazette nº 21bis of 25/05/2015 enable him fulfil the eligibility requirements for pilot licence issued under these regulations. (9) Personnel licences issued by the Authority shall conform to the specifications prescribed in the First Schedule. (10) Approved training for flight crew and air traffic controllers shall be conducted within an approved training organization. (11) Competency-based approved training for aircraft maintenance personnel shall be conducted within an approved training organization. Ratings issued 4. (1) The Authority may issue the following ratings for pilots: (a) category ratings in the following aircraft: (i) aeroplane; (ii) airship of a volume of more than 4,600 cubic meters; (iii) free balloon (iv) glider; (v) helicopter; (vi) powered-lift; provided that: (aa) category ratings shall not be endorsed on a licence when the category is included in the title of the licence itself; (bb) any additional category rating endorsed on a pilot licence shall indicate the level of licensing privileges at which the category rating is granted; (cc) the holder of a pilot licence seeking additional category ratings shall meet the requirements of these regulations appropriate to the privileges for which the category rating is sought; (dd) the holder of a pilot licence shall not act either as pilot-in- received command or as co-pilot unless he has authorization for the appropriate class rating or type rating in accordance with these regulations; (ee) when a type rating is issued limiting the privileges to act as co-pilot, or limiting the privileges to act as pilot only during the cruise phase of the flight, such limitation shall be endorsed on the rating; and (ff) for the purpose of training, testing or specific special purpose non-revenue, non-passenger carrying flights, special authorization may be provided in writing to the licence holder by the Authority in place of issuing the class or type rating, the authorization being limited in validity to the time needed to complete the specific flight; (b) class ratings in the following aeroplanes certificated for single- operation: (i) single-engine, land; (ii) single-engine, sea; (iii) multi-engine, land; and (iv) multi-engine, sea; (c) class ratings in the following helicopter: 128 Official Gazette nº 21bis of 25/05/2015 (i) helicopters; and (ii) gyroplane. (d) for Private Pilot Licence only, and, for sub-paragraph (iii), for Glider Pilot Licence also, class ratings for the following aircraft: (i) simple single engine aeroplane, (ii) microlight aeroplane; or (iii) SLMG (Self Launching Motor Gliders). (e) type ratings in the following aircraft: (i) aircraft certificated for at least two pilots. (ii) any aircraft considered necessary by the Authority; (iii) each type of helicopter and powered-lifts except where a class rating has been issued under this regulation; (f) instrument ratings in the following aircraft: (i) instrument – aeroplane; (ii) instrument – helicopter. night rating. (g) (h) flight instructor rating. (i) ground instructor ratings: (i) basic; (ii) advanced; (iii) instrument. (2) The Authority shall place the category, class or type rating on a pilot licence when issuing that licence, provided the rating reflects the appropriate category, class, or type of aircraft used to demonstrate skill and knowledge for its issue and the aircraft type is registered in Rwanda. (3) The Authority shall issue an aircraft type rating only for aircraft types that the Authority has certified for civil operations and are registered in Rwanda. (4) The Authority shall endorse a type rating for aircraft of the powered-lift category on a aeroplane or helicopter pilot licence, provided : (a) the endorsement of the rating on the licence shall indicate that the aircraft is part of the powered-lift category; (b) the training for the type rating in powered-lift category shall: (i) be completed during a course of approved training, (ii) take into account the previous experience of the applicant in an aeroplane or a helicopter as appropriate; and (iii) incorporate all relevant aspects of operating an aircraft of the powered-lift category. (5) For type rating required as required by sub-regulation (1)(e)(i), the applicant shall have: (a) gained, under appropriate supervision, experience in the applicable type of aircraft and/or flight simulator in the following: (i) normal flight procedures and manoeuvres during all phases of flight; (ii) abnormal and emergency procedures and manoeuvres in the event of failures and malfunctions of equipment, such as powerplant, systems and airframe; (iii) where applicable, instrument procedures, including 129 Official Gazette nº 21bis of 25/05/2015 instrument approach, missed approach and landing procedures under normal, abnormal and emergency conditions, including simulated engine failure; (iv) for the issue of an aeroplane category type rating, upset prevention and recovery training; and (iv) procedures for crew incapacitation and crew coordination including allocation of pilot tasks; crew cooperation and use of checklists; (c) (b) demonstrated the skill and knowledge required for the safe operation of the applicable type of aircraft, relevant to the duties of a pilot-in-command or as co-pilot as applicable; and demonstrated, at the airline transport pilot licence level, an extent of knowledge determined by the Authority on the basis of the requirements specified in regulations 56 to 62 (Airline Transport Pilot Licence). (7) (6) For type rating required as required by sub-regulation (1)(e)(ii) and (iii), the applicant shall have demonstrated the skill and knowledge required for the safe operation of the applicable type of aircraft, relevant to the licensing requirements and piloting functions of the applicant. The Authority may issue the following ratings for flight engineers: reciprocating engine powered including type rating; (a) turbopropeller powered including type rating; and (b) (c) turbojet powered including type rating. The Authority may issue the following ratings for air traffic controllers: (a) aerodrome control; (b) (c) (d) (e) approach control procedural; approach control surveillance/radar; area control procedural; and area control surveillance/radar. (8) (9) The Authority may issue the following ratings for aircraft maintenance engineer licence : (a) (b) (c) (d) Category A : Line mechanic (airframes and engines) Category B1: Licensed engineer (airframes and engines) Category B2 : Licensed engineer (avionics) Category C: Licensed engineer (base/supervisor) (10) Categories A and B1 are subdivided into subcategories relative to combinations of aeroplanes, helicopters, turbine and piston engines. The subcategories are: (a) (b) (c) (d) A1 and B1.1 Aeroplanes Turbine A2 and B1.2 Aeroplanes Piston A3 and B1.3 Helicopters Turbine A4 and B1.4 Helicopters Piston Authorizations issued 5. (1) The Authority may issue the following authorizations when an applicant satisfactorily accomplishes the requirements in these regulations for the authorisation sought: 130 Official Gazette nº 21bis of 25/05/2015 (a) (b) (c) (d) (e) (f) (g) (h) Category II pilot authorisation; Category III pilot authorisation; flight examiner; flight engineer instructor; type rating instructor; cabin crew member instructor; medical examiner; and aviation repair specialist. (2) The Authority may issue the following classes for aviation repair specialists authorization: (a) (b) (c) (d) (e) (f) (g) (h) propellers; computer; instrument; accessory; component; welding; non-destructive testing; and any other authorization as determined by the Authority. Certificates 6. (1) The Authority may issue the following Medical Certificates when an applicant satisfactorily accomplishes the requirements in these regulations for the Medical Certificate sought: (a) Medical Certificate Class 1 for Commercial Pilot and Airline Transport licences; flight instructor licences and Designated Pilot Examiners; (b) Medical Certificate Class 2 for student pilot, Private Pilot, Flight Engineer, and Flight Navigator licences; (c) Medical Certificate Class 3 for Air traffic controller and cabin crew licences. (2) The Authority may issue the following certificates. (a) Validation certificates to pilots and flight engineers holding a licence from another ICAO Contracting State. (b) Cabin crew certificates (c) Certificates of designation to representatives of the authority. Designations 7. The Authority may issue the following designations to private persons to act on its behalf, as specified in these regulations: (a) Designated Flight Engineer Examiner (DFEE); (b) Designated Flight Navigator Examiner (DFNE); (c) Designated Flight Operations Officer Examiner (DFOOE); (d) Designated Mechanic Examiner (DME); (e) Designated Pilot Examiner (DPE); (f) Designated Medical Examiner (DAME); or (g) Other designees as may be determined by the Authority Duration licences, certificates, of 8. (1) (2) The Authority shall issue licences with a specific expiry date except as specifically provided by these regulations. Except for an aviation repair specialist licence or as specifically 131 ratings authorizations and Official Gazette nº 21bis of 25/05/2015 provided by these regulations, all licences, certificates, ratings and authorizations issued under these regulations shall be valid for the term prescribed by the Authority, but in any case not more than 5 years. (3) An aviation repair specialist licence issued on the basis of employment with a specified employer, shall be valid for the term of employment of the aviation repair specialist with that employer. (4) A Student Pilot Licence shall be valid: (a) (b) for a holder who is less than forty years of age, from the date the licence is issued or renewed by the Authority for a maximum period of the remainder of the twenty four months validity of the holder’s Medical Certificate; or for a holder who is forty years of age or more, from the date the licence is issued or renewed by the Authority for a maximum period of the remainder of the twelve months validity of the holder’s Medical Certificate. (5) A Private Pilot Licence with an aeroplane, airship, helicopter, simple single engine aeroplane, microlight aeroplane, self lauching moter glider (SLMG), glider and powered-lift rating, a Free Balloon Pilot Licence, a Glider Pilot Licence, shall be valid: (a) for a holder who is less than forty years of age, from the date the licence is issued or renewed by the Authority for a maximum period of the remainder of the twenty four months validity of the holder’s Medical Certificate; for a holder who is forty years of age or more, from the date the licence is issued or renewed by the authority for a maximum period of the remainder of the twelve months months validity of the holder’s Medical Certificate. (b) (6) A Commercial Pilot Licence with an aeroplane, airship, helicopter, glider and powered-lift category rating, and an Airline Transport Pilot Licence, with an aeroplane, helicopter, and powered-lift category rating shall be valid: (a) for a holder who is less than forty years of age, from the date the licence is issued or renewed by the Authority for a maximum period of the remainder of the twelve months validity of the holder’s Medical Certificate; or (b) for a holder who is forty years of age or more, from the date the licence is issued or renewed by the Authority for a maximum period of the remainder of the six month validity of the holder’s Medical Certificate. (7) An Airline Transport Pilot Licence (ATPL) with an aeroplane or helicopter category rating shall be valid: (a) for a holder who is less than forty years of age, from the date the licence is issued or renewed by the Authority, for a period of the remainder of the twelve month validity of the holder’s Medical Certificate; or for a holder who is forty years of age or more, from the date the licence is issued or renewed by the Authority for a period of the remainder of the six months validity of the holder’s Medical (b) 132 Official Gazette nº 21bis of 25/05/2015 Certificate. (8) A Multi-crew Pilot Licence with an aeroplane category rating shall be valid: (a) for a holder who is less than sixty years of age, from the date the licence is issued or renewed by the Authority, for a maximum period of the remainder of the twelve month validity of the holder’s Medical Certificate; or (b) for a holder who is sixty years of age or more, from the date the licence is issued or renewed by the Authority for a maximum period of the remainder of the six months validity of the holder’s Medical Certificate. (9) An instrument rating is valid for the same remaining period as the Pilot Licence it is issued for. (10) A night rating is valid for the same remaining period as the Pilot Licence it is issued for. (11) A Flight Engineer Licence is valid from the date the licence is issued or renewed by the Authority for a period of the remainder of the twelve month validity of the holder’s Medical Certificate (12) A Flight Navigator Licence is valid from the date the licence is issued or renewed by the Authority for a maximum period of the remainder of the twelve month validity of the holder’s Medical Certificate. (13) A Flight Radio Telephony Operator Licence is valid for a period of twenty four months or less as prescribed by the Authority from the date of issue or renewal. (14) A Flight Operation Officer Licence is valid for a period of twenty four months or less as prescribed by the Authority from the date of issue or renewal. (15) An Aeronautical Station Operator Licence is valid for a period of twelve months or less as prescribed by the Authority from the date of issue or renewal. (16) A Cabin Crew Member Certificate is valid for a period of twelve months or less as prescribed by the Authority from the date of issue or renewal. (17) An Aircraft Maintenance Engineer Licence is valid for a period of twenty four months or less as prescribed by the Authority from the date of issue or renewal.. (18) A Flight Instructor Rating is valid for a the same remaining period as the Pilot Licence it is issued for . (19) A Ground Instructor Licence is valid for a maximum period of twenty four months or less as prescribed by the Authority from the date of issue or renewal .. (a) (20) An Air Traffic Controller Licence shall, in the case of a holder who is – less than forty years of age, be valid from the date the licence is issued or renewed for a maximum period of the remainder of twenty four months validity of the holder’s Medical Certificate; or forty years of age or more, be valid from the date the licence is issued or renewed for a maximum period of the remainder of twelve months validity of the holder’s Medical Certificate. (b) 133 Official Gazette nº 21bis of 25/05/2015 9. (1) of Validity licences, certificates, authorisations and designations the privileges granted by A holder of a licence, certificate, authorisations or designation shall not exercise licence, certificate, authorisations or designation or by related ratings, unless the holder the requirements for recent maintains competency and meets experience of these regulations. that (2) The Authority shall ensure that other Contracting States are able to confirm the validity of the licence. (3) The maintenance of competency of flight crew members engaged in commercial air transport operations may be satisfactorily established by demonstration of skill during proficiency flight checks completed in accordance with these regulations and approved training shall provide a level of competency at least equal to that provided by the minimum experience requirements for personnel not receiving such approved training. (4) Maintenance of competency may be satisfactorily recorded in the operator’s records and in the flight crew member’s personal logbook. (5) A flight crew member may, in lieu of maintaining competency in an aircraft, demonstrate continuing competency in flight simulation training devices approved by the Authority. (6) A report of medical fitness obtained in accordance with these regulations shall be submitted to the Authority at intervals of not more than: (a) twenty four months for the Private Pilot Licence – aeroplane, airship, helicopter, gyroplane, powered-lift, simple single engine aeroplane, microlight aeroplane, self launching motor glider (SLMG), glider and free balloon; and for Student Pilot Licence; (b) twelve months for the Commercial Pilot Licence – aeroplane, helicopter or gyroplane, powered-lift, airship or balloon; (c) twelve months for the Multi-Crew Pilot Licence - aeroplane (d) twelve months for the Airline Transport Pilot Licence – aeroplane, helicopter and powered-lift; (e) twelve months for the flight engineer licence; (f) twelve months for the flight navigator licence; (g) (h) The period of validity of a Medical Certificate may be reduced when clinically indicated. twenty four months for the air traffic controller licence; and twelve months for the cabin crew certificate. (7) (8) When a holder of Airline Transport Pilot Licence – aeroplane, helicopter and powered-lift and Commercial Pilot Licence – aeroplane, airship, helicopter and powered-lift has passed his fortieth birthday, the period specified in sub-regulation (6) shall be reduced to six months. (9) When a holder of Multi-crew Pilot Licences- aeroplane has passed his fortieth birthday, the period of validity specified in sub-regulation (6) shall be reduced to six months. (10) When a holder of Private Pilot Licence – aeroplane, airship, helicopter and powered-lift, free balloon, and glider, and Air Traffic Controller 134 Official Gazette nº 21bis of 25/05/2015 Licence, has passed their fortieth birthday, the period of validity specified in sub-regulation (6) shall be reduced to twelve months. (11) A licence or certificate issued by the Authority shall not be valid unless the holder of the licence or certificate has signed his name on the licence or certificate in ink with the holder’s ordinary signature. Decrease medical fitness in 10. (1) (2) (3) (4) A holder of licence provided for in these regulations shall not exercise the privileges of his licence and related ratings at any time when the holder is aware of any decrease in his medical fitness which might render the holder unable to safely and properly exercise these privileges. A licence holder shall inform the Authority of confirmed pregnancy or any decrease in medical fitness of duration of more than 20 days or which requires continued treatment with prescribed medication or which requires hospital treatment. The Authority shall suspend the Medical Certificate of a licence holder during any period in which the Authority becomes aware that the licence holder’s medical fitness has, from any cause, decreased to an extent that would have prevented the issue or renewal of the licence holder’s Medical Certificate. The suspension referenced in sub-regulation (3) shall continue until the end of the period of the decrease in medical fitness, or until the expiration of the Medical Certificate, whichever comes first. (5) A licence holder shall not exercise the privileges of his licence and related ratings during any period in which the holder’s medical fitness has, from any cause, decreased to an extent that would have prevented the issue or renewal of the licence holder’s Medical Certificate. of Use psychoactive substances 11. (1) A holder of a Licence, rating or a certificate issued under these regulations shall not exercise the privileges of the licence, rating or certificate while under the influence of any psychoactive substance, by reason of which human performance is impaired. (2) The person referred to in sub-regulation (1) shall not engage in any kind of problematic use of psychoactive substances. (3) The Authority ensure, as far as practicable, that all licence holders who engage in any kind of problematic use of substances are identified and removed from their safety critical functions. Return to the safety-critical functions shall be considered after successful treatment or, in cases where no treatment is necessary, after cessation of the problematic use of substances and upon determination that the person’s continued performance of the function is unlikely to jeopardize safety. (4) Testing for use of psychoactive substances 12. (1) 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 use of psychoactive substances. (2) A person found to be engaged in any kind of problematic use of substances or 135 Official Gazette nº 21bis of 25/05/2015 refuses to submit to a test for use of psychoactive substances, when requested by the Authority shall: (a) 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 have their licence, certificate, rating, qualification, or authorization issued under these regulations suspended or revoked. (b) of 13. (1) Deferral medical examination The prescribed re-examination of a licence holder operating in an area distant from designated medical examination facilities may be deferred at the discretion of the Authority, provided that such deferment shall only be made as an exception and shall not exceed: (a) (b) (c) a single period of six months in the case of a flight crew member of an aircraft engaged in non-commercial operations; two consecutive periods each of three months in the case of a flight crew member of an aircraft engaged in commercial operations, provided that in each case, a favourable medical report is obtained after examination by a medical examiner designated by the Contracting State in which the applicant is situated, or, in cases where such a designated medical examiner is not available, by a physician legally qualified to practise medicine in that area; or in the case of a private pilot, a single period not exceeding twenty four months where the medical examination is carried out by an examiner designated by the Contracting State in which the applicant is temporarily located. (2) For a deferral granted under sub-regulation (1) (b) and (c), a report of the medical examination shall be sent to the Authority for the licence to be renewed. 14. The period of validity of a Medical Certificate may be extended at the discretion of the Authority, up to 45 days. 15. (1) A person shall not act as a pilot of an aircraft engaged in international commercial air transport operations if that person has attained his 60th birthday or, in the case of operations with more than one pilot, his 65th birthday. (2) A person shall not act as a pilot-in-command or co-pilot of an aircraft engaged in commercial air transport operations within Rwanda or in international commercial air transport operations if that person has attained his 65th birthday. (3) A holder of a pilot licence who has attained the age of 65 years may operate only under the privileges of a Private Pilot Licence (PPL). Extension of validity of Medical Certificate Curtailment of privileges of pilots English proficiency language 16. (1) Aeroplane, airship, helicopter and powered-lift ilots, flight engineers, flight navigators, air traffic controllers and aeronautical station operators shall demonstrate the ability to speak and understand the language used for radio telephony communications in Rwanda and in 136 Official Gazette nº 21bis of 25/05/2015 (2) (3) (4) (5) the English language to the level specified in the language proficiency requirements in the Second Schedule to these regulations. Flight engineers, and glider and free balloon pilots should have the ability to speak and understand the language used for radiotelephony communications. Flight navigators required to use the radiotelephone aboard an aircraft shall demonstrate the ability to speak and understand the language used for radiotelephony communications. Flight navigators required to use the radiotelephone aboard an aircraft should demonstrate the ability to speak and understand the language used for radiotelephony communications to the level specified in the language proficiency requirements in the Second Schedule to these regulations. The licenced personnel specified in sub-regulation (1) who demonstrate proficiency below the Expert Level (Level 6) shall be formally evaluated at intervals in accordance with an individual’s demonstrated proficiency level as follows: (a) those demonstrating language proficiency at the Operational Level (Level 4) shall be evaluated once every three years; and those demonstrating language proficiency at the Extended Level (Level 5) shall be evaluated once every six years. (b) PART III - VALIDATION AND CONVERSION OF FOREIGN FLIGHT CREW LICENCES AND RECOGNITION OF MILITARY QUALIFICATIONS Validation of licences and ratings issued on the basis of a foreign flight crew, cabin crew, flight operations officer/dispatcher or air traffic controller licence 17. (1) (2) (3) (4) (5) (6) A person who holds a current and valid licence issued by another Contracting State in accordance with ICAO Annex 1 may apply for a validation of such licence for use on aircraft registered in the Rwanda. The applicant for the validation certificate shall present to the Authority the foreign licence and evidence of the experience required by presenting the record (e.g. logbook for flight crew, training certificates). The applicant for the validation certificate shall present to the Authority evidence that he/she holds either a current medical certificate issued in accordance with the requirements of these regulations or a current medical certificate issued by the Contracting State that issued the applicant’s licence. The applicant for the validation certificate shall present to the Authority evidence of language proficiency in the language used for radiotelephony communications in the State, and/or in English, as specified in Annex 1 and the requirements contained in the Second Schedule to these regulations or or shall demonstrate to the Authority the language proficiency skills as specified. The Authority will verify the authenticity of the licence, ratings, authorizations and of the medical certificate with the State of licence issue prior to issuing the validation. The Authority will validate only those ratings or authorizations endorsed on the foreign licence that it considers appropriate. 137 Official Gazette nº 21bis of 25/05/2015 (7) (8) (9) The Authority may issue a validation certificate which will be valid for one year, provided the foreign licence, ratings or authorizations and the medical certificate remain valid. In addition to the requirements of sub-regulations (1) through (7), the applicant for the validation certificate with PPL privileges shall have a foreign licence with at least PPL privileges. In addition to the requirements in (1) through (7), the applicant for a validation certificate for PPL/IR, CPL, CPL/IR, MPL or ATPL privileges shall have the relevant foreign licence and meet the following requirements: (a) the applicant for the validation certificate shall demonstrate to the satisfaction of the Authority knowledge, relevant to the licence to be validated, of: air law; operational procedures; and radiotelephony; (i) (ii) meteorology; (iii) (iv) the applicant, except as the Authority may decide shall complete a skill test for the relevant licence and ratings that he or she wants to be validated relevant to the privileges of the licence held; and the applicant shall comply with the experience requirements set out in Annex 1 or these regulations. (b) (c) 18. (1) Recognition of military or former military flight crew qualifications. Except for a rated military or former military pilot or flight engineer who has been removed from flying status for lack of proficiency, or because of disciplinary action involving aircraft operations, a rated military or former military pilot or flight engineer who meets the requirements of this regulation may apply, on the basis of the pilot’s or flight engineer’s military training, for— (a) Private Pilot Licence, Commercial Pilot License or Flight Engineer License; an aircraft rating in the category and class of aircraft for which that military pilot or flight engineer is qualified; an instrument rating with the appropriate aircraft rating for which that military pilot is qualified; and (b) (c) (d) a type rating, if appropriate. (2) Subject to regulations 19 and 21 the Authority may issue to a rated military or former military pilot or flight engineer an aircraft category, class, or type rating to a flight crew if that flight crew presents documentary evidence that shows satisfactory accomplishment of: (a) a military pilot and instrument proficiency check of Rwanda in the aircraft type he is rated within twelve months preceding the date of application; (b) at least ten hours of pilot in command time in that aircraft category, class, or type, if applicable, within the twelve months preceding the date of application; (c) a military flight engineer proficiency check in the aircraft type 138 Official Gazette nº 21bis of 25/05/2015 (d) the flight engineer is rated within twelve months preceding the date of application; and at least ten hours of flight time in the aircraft type the flight engineer is rated within twelve months preceding the date of application. (3) A rated military pilot or former rated military pilot may apply for an aeroplane or helicopter instrument rating to be added to the pilot’s Commerical Pilot Licence the pilot has, within the twelve months preceding the date of application: (a) passed an instrument proficiency check by the military in the aircraft category and class for the instrument rating sought; and (b) received authorization from the military to conduct instrument flight rules (IFR) flights on airways in that aircraft category and class for the instrument rating sought. (4) The Authority may accept the following documents as satisfactory evidence of military pilot or flight engineer status: (a) an official identification card issued to the pilot or flight engineer by a military force to demonstrate service in the military; an original or a copy of a certificate of discharge or release from the military; at least one of the following: (i) an order of military flight status as a military pilot or flight engineer; or (ii) an order showing that the applicant graduated from a pilot or flight engineer school and received a rating as a military pilot or flight engineer. a certified military logbook or form showing military pilot and flight engineer status and a summary to demonstrate flight time in military aircraft; (b) (c) (d) (e) an official record of a military designation as pilot in command; or (f) an official record of satisfactory accomplishment of an instrument proficiency check within the twelve months before the date of the application. of Conversion Rwanda Military Pilots Qualification 19. (1) A person who holds a current Rwanda Military pilot qualification may apply and be issued with a Rwanda Private Pilot Licence or Commercial Pilot Licence with the appropriate ratings, if that person: (a) has a licence which is not under an order of revocation or suspension; (d) (b) meets the minimum flying experience under these regulations; (c) holds a valid Medical Certificate issued by Rwanda Military; and demonstrates the ability to read, speak, write, and understand the English language proficiency requirements contained in the Second Schedule to these regulations. in accordance with language the (2) An applicant for a pilot licence under this regulation shall submit to the 139 Official Gazette nº 21bis of 25/05/2015 Authority his personal military flying log book or any other equivalent document that has been certified by the base commander. (3) The applicant shall be required to have met the applicable aeronautical experience requirements for the licence or rating sought. (4) Except for Private Pilot Licence, in addition to the requirements of sub- regulations(1), (2) and (3) the applicant: for Commercial Pilot Licence - (a) (i) shall possess a Class 1 Medical Certificate; (ii) shall pass a composite paper comprising of CPL air law; CPL principles of flight and aircraft performance (aeroplane); pilots who are in current flying practice on aeroplanes in the military at the time of application are not required to pass a CPL (aeroplane) issue flight test. (ii) (b) (c) (iii) pilots currently serving in foreign military forces who are in current military flying practice and seek the issue of a CPL (aeroplane) are required to pass a CPL (aeroplane) issue flight test and gain passes in the following theory examinations: CPL air law; CPL principles of flight and aircraft performance (aeroplane); CPL meteorology. for ATPL (aeroplane): (i) pilots who are in current flying practice in the military at the time of application shall provide evidence of having reached command status on operational roles in large military multicrew aeroplanes. (ii) shall pass a composite paper comprising of ATPL (aeroplane) air law; ATPL flight navigation general; ATPL flight planning; ATPL advanced aerodynamics performance and systems knowledge. iii) shall hold a current military instrument rating and pass an ATPL (aeroplane) issue flight test conducted by the Authority approved flight examiner. for an instrument rating: (i) pilots who hold a military instrument rating that has been issued or renewed within 90 days of the application date will be issued with a civil instrument rating. (ii) pilots who hold a military instrument rating that was issued or renewed more than 90 days before the application date are required to pass an instrument rating issue flight test. iii) applicants must provide details of the navigation aids used during the military flight test. (5) An applicant for a Commercial Pilot Licence or Airline Transport Pilot Licence is not eligible for grant of a licence unless there is an aircraft rating included in the licence for pilot-in-command or co-pilot respectively. (6) The Authority may consider a Military type rating qualification for the purpose of conversion of Commercial Pilot Licence or Airline 140 20. Conversion of foreign flight crew, cabin crew, flight operations officer/dispatcher or air traffic controller licence Official Gazette nº 21bis of 25/05/2015 Transport Pilot Licence, if: (a) the aircraft type is endorsed and certified in the applicants Military personal logbook; the pilot is current on the aircraft type; and the type of aircraft is registered in Rwanda. (b) (c) (7) An applicant for conversion who fails the knowledge test in three consecutive attempts shall be disqualified for further testing until a period of one month has elapsed from the date on which the last test was made. (8) The Authority shall prescribe the minimum passing grade for the knowledge test. (9) The applicant shall be required to have passed the composite paper for conversion of a Rwanda military pilot qualification within a period of six months preceding the date of the application for the licence. (1) A person who holds a current and valid licence issued by another Contracting State in accordance with ICAO Annex 1 may apply for conversion and be issued an equivalent licence with the appropriate ratings, if the applicant: (a) presents to the Authority a foreign licence to be converted with evidence of the recent experience required by presenting the record. presents to the Authority evidence of language proficiency in the language used for radiotelephony communications in the State, or in English, as specified by Annex 1 and the these regulations, or shall demonstrate to the Authority the language proficiency skills as specified by the State; holds, where applicable, a valid medical certificate issued in these Regulations, the requirements of accordance with appropriate to the level of the licence to be converted. (b) (c) (3) (2) The Authority will verify the authenticity of the licence, ratings, authorization and of the medical certificate with the State of licence issue prior to converting the licence. This requirement does not applies where verification was done during validation. In addition to the requirements of sub-regulations (1) and (2), for the conversion of a PPL, CPL, MPL, or ATPL, the following requirements should be met: (a) the applicant is the holder of a current validation certificate issued in accordance with the State’s procedures; the applicant shall have completed 200 flight hours in Rwanda- registered aircraft, which are operated by an operator established in the Rwanda, exercising the privileges granted by the validation certificate; and the applicant shall present to the Authority the foreign licence evidence (e.g. logbook) of the 200 flight hours. (3) Ratings listed on a person’s licence that have been validated shall be (c) (b) placed on that person’s converted licence. 141 Conversion flight licence of engineer 21. Official Gazette nº 21bis of 25/05/2015 (1) A person who holds a current and valid flight engineer licence issued by another Contracting State in accordance with ICAO Annex 1 may apply for conversion and be issued an equivalent licence with the appropriate ratings, if the applicant: (a) is a holder of a current validation certificate issued by the Authority; presents to the Authority a foreign licence to be converted with evidence of the recent experience required by presenting the record. (b) (c) holds a valid medical certificate issued in accordance with the requirements of these Regulations. (b) has completed 200 flight hours in Rwanda-registered aircraft, which are operated by an operator established in the Rwanda, exercising the privileges granted by the validation certificate; and presents to the Authority the evidence (e.g. logbook) of the 200 flight hours. (c) (2) Ratings listed on a person’s licence that have been validated shall be placed on that person’s converted licence. PART IV – VALIDATION, CONVERSION OF FOREIGN AIRCRAFT MAINTENANCE ENGINEER LICENCES AND RATINGS AND RECOGNITION OF ENGINEER MILITARY QUALIFICATIONS of Validation Aircraft Maintenance Engineer Licence 22. (1) A person who holds a current and valid Aircraft Maintenance Engineer Licence issued by another Contracting State in accordance with ICAO Annex 1 may apply for and may be issued a certificate of validation with the appropriate rating, if the applicant: (a) holds a licence which is not under an order of revocation or suspension by the country that issued the licence; (b) does not currently hold a licence issued by the Authority; and (2) An applicant for a certificate of validation shall present to the Authority the foreign licence in the English language or accompanied by an English language translation that has been signed by an official or representative of the foreign authority that issued the licence and evidence of the experience required by presenting a valid record. (3) The Authority shall verify the authenticity of the foreign licence, ratings and authorizations presented for validation with the State of issuance. (4) An applicant for a certificate of validation shall demonstrate to the satisfaction of the Authority the knowledge the relevant ratings in the licence to be validated, relevant to the privileges of the licence held. (5) The Authority shall validate only those ratings or authorisations endorsed on a foreign licence that it considers appropriate. (6) A person who receives a certificate of validation under this regulation shall: (a) (b) (c) be limited to the privileges placed on the certificate; be subject to the limitations and restrictions on the certificate and the foreign Aircraft Maintenance Engineer Licence when exercising the privileges of that certificate on an aircraft registered in Rwanda; and not exercise the privileges of the certificate when the person’s foreign licence has been revoked or suspended. 142 of Conversion foreign Aircraft Maintenance Engineer Licence 23. Official Gazette nº 21bis of 25/05/2015 (7) The certificate of validation shall be valid for a maximum of 12 months, provided the foreign licence or in the case of a continuing licence, the rating remains valid. (1) A person who holds a current Aircraft Maintenance Engineer Licence issued by another Contracting State in accordance with ICAO Annex 1 may apply and be issued an equivalent licence with the appropriate ratings, if the applicant: (a) is a holder of a current validation certificate issued by the Authority; presents to the Authority a foreign licence to be converted with evidence of the recent experience required by presenting the record. (b) of aircraft Recognition military maintenance personnel qualifications (2) Ratings listed on a person’s licence that have been validated shall be placed on that person’s converted licence. 24. (1) A military aircraft maintenance personnel may apply to the Authority for issue of Aircraft Maintenance Engineer Licence (AMEL) without type rating on the basis of his military qualifications. (2) The application shall be accompanied by: (a) (b) (c) a certificate of discharge from military service; evidence of experience of six years in aircraft maintenance of which six months of recency experience must have been acquired within the twelve months preceding the application; and a certificate, diploma or such other document showing proof of training in aircraft maintenance. (3) If the Authority is satisfied that the applicant meets the conditions in sub-regulations (2), the Authority shall require the applicant to demonstrate the knowledge and skill requirements for AMEL stipulated in these regulations. PART V - GENERAL REQUIREMENTS : TESTING AND TRAINING FOR PILOT LICENCES, RATINGS AND AUTHORIZATIONS Knowledge test: prerequisites and passing grades 25. (1) An applicant for a knowledge test shall have: (a) (b) received an endorsement from an authorized instructor certifying that the applicant has accomplished a ground-training required by these regulations for the licence or rating sought and is prepared for the knowledge test; and proper identification at the time of taking the test that includes the applicant’s: (i) photograph; (ii) name; (iii) signature; (iv) date of birth, which shows that the applicant meets or will meet the age requirements of these regulations for the licence sought before the expiry date of the applicant’s knowledge test report; and (v) mailing address. 143 Official Gazette nº 21bis of 25/05/2015 (2) (3) The Authority shall specify the minimum passing grade for the knowledge test. The validity of the knowledge test results for an applicant for a pilot licence shall be as follows: (a) (b) for Private Pilot Licence - six months after passing the test; for Commercial Pilot Licence - eighteen months after passing the test; and for Airline Transport Pilot licence and Multi-crew Pilot Licence - five years after passing the test. (c) Practical prerequisites flight crew tests: for 26. (1) To be eligible for a practical test, an applicant shall meet all applicable requirements for the licence or rating sought. (2) If an applicant for a practical test does not — (a) complete all increments of a practical test for a licence or rating in one day, that applicant shall complete all remaining increments of the test not more than sixty days after that date; and (b) satisfactorily complete all increments of the practical test for a licence or a rating within sixty days after beginning the test, that applicant shall retake the entire practical test, including those increments satisfactorily completed. (3) Except as provided in sub-regulation (4), to be eligible for a practical test for a licence or rating issued under these regulations, an applicant for a practical test shall: (a) pass the required knowledge test for the type rating within six months preceding the month the applicant completes the practical test; (b) present the knowledge test report at the time of application for the practical test, if a knowledge test is required; (c) have satisfactorily accomplished the required training and obtained the aeronautical experience prescribed by these regulations for the licence or rating sought; (d) meet the prescribed age requirement of these regulations for the issue of the licence or rating sought; and (e) have an endorsement in the applicant’s logbook or training record that has been signed by an authorized instructor who certifies that the applicant: (i) has received and logged training time within sixty days preceding the date of application in preparation for the practical test; is prepared for the required practical test; and (ii) (iii) has demonstrated satisfactory knowledge of the subject areas in which the applicant was deficient on the knowledge test. (4) An applicant for an Airline Transport Pilot Licence and Multi-crew Pilot Licence may take the practical test for that licence within two years of the expiration of a knowledge test, provided the applicant: (a) has been continuously employed as a flight crew member by an 144 Practical general requirements flight crew tests: for Official Gazette nº 21bis of 25/05/2015 (b) air operator certificate holder from the time the knowledge test expired; and has satisfactorily accomplished that air operator certificate holder’s approved: (i) pilot-in-command qualification training aircraft 27. (1) programme that is appropriate to the licence; and (ii) qualification training requirements appropriate to the licence and rating sought. (b) The ability of an applicant for a practical test to hold a pilot licence or rating shall be determined based upon the applicant’s ability to safely, during a practical test: (a) perform the tasks specified in the areas of operation for the licence or rating sought within the prescribed standards; demonstrate mastery of the aircraft with the successful outcome of each task regarding Private Pilot Licence, Commercial Pilot Licence, Glider Pilot Licence, Free Balloon Pilot Licence, Airline Transport Pilot Licence and Multi-crew Pilot Licence and aircraft type rating tests; (c) recognize and manage threats and errors; (d) operate the aircraft within its limitations; (e) complete all manoeuvres with smoothness and accuracy; (f) demonstrate sound judgement and airmanship; (g) apply aeronautical knowledge; and (h) demonstrate single-pilot competence if the aircraft is type certified for single-pilot operations. (2) An applicant who fails any area of operation shall have failed the practical test and is not eligible for a licence or rating sought. (3) The examiner or the applicant may discontinue a practical test at any time: (a) (b) when the applicant fails one or more of the areas of operation; or due to inclement weather conditions, aircraft airworthiness concerns or any other safety-of-flight concern. (4) If a practical test is discontinued, the Authority may give the applicant credit for those areas of operation already passed, but only if the applicant: (a) passes the remainder of the practical test within the sixty-day (b) (c) period after the date the practical test was begun; presents to the examiner for the retest the original test report or the discontinuance form prescribed by the Authority as appropriate; and satisfactorily accomplishes any additional training needed and obtains the appropriate instructor endorsements, if additional training is required. (5) The validity of the practical test results for applicants for a pilot licence and type rating shall be six months after passing the test. 145 Official Gazette nº 21bis of 25/05/2015 Practical tests: required aircraft and equipment 28. (1) Except when permitted to accomplish the entire flight increment of the practical test in an approved flight simulation training device trainer, an applicant for a licence or rating issued under these regulations shall provide an aircraft registered in Rwanda for each required test that: (a) is of the category, class, and type, if applicable, applicable to the licence or rating sought; and has a certificate of airworthiness. (b) (2) An applicant for a practical test shall use an aircraft that has: (a) (b) (c ) (d) the equipment for each area of operation required for the practical test; no prescribed operating limitations that prohibit the aircraft’s use in any of the areas of operation required for the practical test; except as provided in sub-regulation (5), at least two pilot stations with adequate visibility for each person to operate the aircraft safely; and cockpit and outside visibility adequate the performance of the applicant when an additional jump seat is provided for the examiner. to evaluate (3) An applicant for a practical test shall use an aircraft, other than a lighter- than-air aircraft, that has engine power controls and flight controls that are easily reached and operable in a conventional manner by both pilots, unless the examiner determines that the practical test can be conducted safely in the aircraft without the controls being easily reached. (4) An applicant for a practical test that involves manoeuvring an aircraft solely by reference to instruments shall provide an aircraft with: (a) an equipment that permits the applicant to pass the areas of (b) operation that apply to the rating sought; and a device that prevents the applicant from having visual reference outside the aircraft, but does not prevent the examiner from having visual reference outside the aircraft, and is otherwise acceptable to the Authority. (5) An applicant may complete a practical test in an aircraft having a single set of controls, if: (a) the examiner agrees to conduct the test; (b) the test does not involve a demonstration of instrument skills; and (c) the proficiency of the applicant can be observed by an examiner who is in a position to observe the applicant. after 29. (1) An applicant for a knowledge or practical test who fails that test may reapply for the test only after the applicant has received: (a) the necessary training from an authorized instructor who has determined that the applicant is proficient to pass the test; and an endorsement from an authorized instructor who gave the applicant the additional training. (b) (2) An applicant for a flight instructor licence with an aeroplane category rating or, for a flight instructor licence with a glider category rating, who has failed the practical test due to deficiencies in instructional 146 Retesting failure Official Gazette nº 21bis of 25/05/2015 (b) proficiency on stall awareness, spin entry, spins, or spin recovery shall: comply with the requirements of sub-regulation (1) before (a) being retested; bring to the retest an aircraft that is of the appropriate aircraft category for the rating sought and is certified for spins; and demonstrate satisfactory instructional proficiency on stall awareness, spin entry, spins, and spin recovery to an examiner during the retest. (c) Records training time of 30. (1) A person shall document and record the following time in a manner acceptable to the Authority: (a) training and aeronautical experience used to meet the requirements for a licence, rating, qualification, or authorization of these regulations; and the aeronautical experience required to show recent flight experience requirements of these regulations. (b) (2) For the purposes of meeting the requirements of these regulations, a person shall enter the following information for each flight or lesson logged: (a) general (i) date; (ii) total flight time; (iii) location where the aircraft departed and arrived, or for lessons in an approved flight simulation training device trainer, the location where the lesson occurred; (iv) type and identification of aircraft or approved flight (v) simulation training device trainer, as appropriate; the name of a safety pilot, if required by the Civil Aviation (Operation of Aircraft) Regulations; and (vi) the name of the authorized instructor if required; type of pilot experience or training: (i) solo; (ii) pilot-in-command ; (iii) pilot-in-command under supervision ; (iv) co-pilot; (v) flight and ground training received from an authorized instructor; and (b) (vi) training received in an approved flight simulation training device trainer from an authorized instructor. (c) Conditions of flight: (i) day or night; (ii) actual instrument; and (iii) simulated instrument conditions in flight or in an approved (3) The pilot time described in this regulation may be used to: flight simulation training device trainer. (a) apply for a licence or rating issued under these regulations; or (b) satisfy the recent flight experience requirements of the Civil Aviation (Operation of Aircraft) Regulations. 147 Official Gazette nº 21bis of 25/05/2015 (4) Except for a student pilot acting as pilot-in-command of an airship requiring more than one flight crew member, a pilot may log as solo flight time only that flight time when the pilot is the sole occupant of the aircraft. (5) A private or commercial pilot may log pilot-in-command time only for that flight time during which that person is: (a) the sole manipulator of the controls of an aircraft for which the pilot is rated; or (b) acting as pilot-in-command of an aircraft on which more than one pilot is required; or (c) a sole occupant. (6) An airline transport pilot may log as pilot-in-command time all of the flight time while acting as pilot-in-command of an operation requiring an Airline Transport Pilot or Multi Crew Pilot Licences. (7) An authorized instructor may log as pilot-in-command time all flight time while acting as an authorized instructor. (8) A student pilot may log pilot-in-command time when that student pilot: (a) is the sole occupant of the aircraft; and (b) is undergoing training for a pilot licence or rating. (9) A person may log co-pilot flight time only for that flight time during which that person: (a) is qualified in accordance with the co-pilot requirements of the Civil Aviation (Operation of Aircraft) Regulations, and occupies a crew member station in an aircraft that requires more than one pilot by the aircraft’s type certificate; or holds the appropriate category, class, and instrument rating if an instrument rating is required for the flight, for the aircraft being flown, and more than one pilot is required under the type certification of aircraft. (b) (10) A person may log instrument flight time only for that flight time when that person operates the aircraft solely by reference to instruments under actual or simulated instrument flight conditions. (11) An authorized instructor may log instrument flight time when conducting instrument flight instruction in actual instrument flight conditions. (12) For the purposes of logging instrument flight time to meet the recent instrument experience requirements of the Civil Aviation (Operation of Aircraft) Regulations, the following information shall be recorded in a person’s logbook: the (a) accomplished; and the name of the safety pilot, if required. instrument approach type of each location and (b) (13) An approved flight simulation training device trainer may be used by a person to log instrument flight time, provided an authorized instructor is present during the simulated flight. (14) A person may log training time when that person receives training from an authorized instructor in an aircraft or in an approved flight simulation training device trainer. 148 Limitations on the use flight of simulation training device flight Use of simulation training for demonstrations of skill devices General requirements pilot ratings authorizations licences for , and Official Gazette nº 21bis of 25/05/2015 (15) The training time shall be logged in a logbook and shall: (a) be endorsed in a legible manner by the authorized instructor; and (b) include a description of the training given, the length of the training lesson, and the instructor’s signature, licence number and licence expiry date. 31. A person shall not receive credit for use of any flight simulation training device trainer for satisfying any training testing, or checking requirement of this regulation unless the flight simulation training device trainer is approved by the Authority for: (a) (b) training, testing, and checking for which it is used; each particular manoeuvre, procedure or crew member function performed; and (c) the representation of the specific category and class of aircraft, type of aircraft, particular variation within the type of aircraft or set of aircraft for certain flight training devices. 32. 33. (1) A use of a flight simulation training device used for performing any manoeuvre required during the demonstration of skill for the issue of a flight crew licence or rating shall be approved by Authority to ensure that the flight simulation training device used is appropriate to the task. (2) To maintain the competence required by these regulations, a flight crew member may demonstrate his skills during proficiency flight checks in a flight simulation training device approved under sub-regulation (1). (1) A person shall not act as the pilot-in-command of an aircraft unless that person holds the appropriate category, class, and type rating if a class rating, and type rating is required for the aircraft to be flown, except where the pilot is receiving training for the purpose of obtaining an additional pilot licence or rating while under the supervision of an authorized instructor. (2) A person shall not act as a pilot of an aircraft that is carrying another person, or is operated for compensation or hire, unless that pilot holds a category, class, and type rating that applies to the aircraft. (3) Sub-regulation (2) does not require a category and class rating for an aircraft not type certified as an aeroplane, helicopter, glider, or lighter- than-air aircraft. (4) A person shall not act as pilot-in-command of a complex aircraft, high- performance aircraft, or a pressurized aircraft capable of flying 7,600 m (25,000 ft) above mean sea level, or an aircraft that the Authority has determined requires aircraft type specific training unless the person has: received and logged ground and flight training from an (a) authorized instructor in the applicable aircraft type, or in an approved is a representative of that aircraft, and has been found proficient in the operation and systems of that aircraft; and received an endorsement in the pilot’s logbook from an authorized instructor who certifies the person is proficient to flight simulation training device that (b) 149 Official Gazette nº 21bis of 25/05/2015 operate that aircraft (5) A person shall not act as pilot-in-command of a tailwheel aeroplane (b) logged flight unless that person has: received and training from an authorized (a) instructor in a tailwheel aeroplane on the manoeuvres and procedures; and received an endorsement in the person’s logbook from an authorized instructor who is satisfied that the person is proficient in the operation of a tailwheel aeroplane, to include at least normal and crosswind take-offs and landings, wheel landings (unless the manufacturer has recommended against such landings), and go around procedures . (6) The Authority may issue to an applicant who cannot comply with certain eligibility requirements or areas of operations required for the issue of a licence because of physical limitations, or for other reasons, a licence, rating, or authorization with appropriate limitations for operations only within Rwanda if: (a) the applicant is able to meet all other certification requirements for the licence, rating, or authorization sought; physical limitation, if any, has been recorded with the Authority on the applicant’s medical records; and the Authority determines that the applicant’s inability to perform the particular area of operation shall not adversely affect safety. (b) (c) (7) The Authority may remove a limitation placed on a person’s licence if that person demonstrates to an examiner or inspector satisfactory proficiency in the area of operation to which the limitation applies, or otherwise shows compliance with conditions to remove the limitation, as applicable. (8) Subject to these regulations: (a) a student pilot or the holder of a pilot licence shall be entitled to be credited in full with all solo, dual instruction and pilot-in- command flight time towards the total flight time required for the initial issue of a pilot licence or the issue of a higher grade of pilot licence; (b) the holder of a pilot licence, when acting as co-pilot at a pilot station of an aircraft certificated for operation by a single pilot but required by a Contracting State to be operated with a co- pilot, shall be entitled to be credited with 50% of the co-pilot flight time towards the total flight time required for a higher grade of pilot licence, provided that the holder of a pilot licence shall be entitled to be credited in full towards the total flight time required if the aircraft is equipped to be operated by a co-pilot and the aircraft is operated in a multi-crew operation; (c) the holder of a pilot licence, when acting as co-pilot at a pilot station of an aircraft certificated to be operated with a co-pilot, shall be entitled to be credited in full with this flight time 150 Official Gazette nº 21bis of 25/05/2015 towards the total flight time required for a higher grade of pilot licence; (d) the holder of a pilot licence, when acting as pilot-in-command under supervision, shall be credited in full with this flight time towards the total flight time required for a higher grade of pilot Licence. PART– VI - PILOT LICENCES Student Pilot Licence Eligibility requirements 34. (1) (2) To be eligible to receive and log flight instructions, a person shall be in possession of a valid Student Pilot Licence. To be eligible for issue of Student Pilot Licence, an applicant shall: (a) be at least seventeen years of age for a licence other than the operation of a glider, airship or balloon; be at least sixteen years of age for the operation of a glider or balloon; demonstrate the ability to read, speak, write, and understand the English language in accordance with the language proficiency requirements contained in the Second Schedule to these regulations; and be in possession of a valid Class 2 Medical Certificate issued under these regulations. (b) (c) (d) Solo requirements flight 35. (1) A holder of a Student Pilot Licence shall not operate an aircraft in first solo flight unless that student has met the requirements of this regulation. (2) A student pilot shall pass an aeronautical knowledge test on the following subjects: (a) (b) applicable sections of these regulations and the Civil Aviation (Operation of Aircraft) Regulations; airspace structure and procedures for the airport where the student will perform solo flight; and flight characteristics and operational limitations for the make and model of aircraft to be flown. (3) The student’s authorized instructor shall: (c) (a) (b) administer the test; and at the conclusion of the test, review all incorrect answers with the student before authorising that student to conduct a solo flight. (4) Prior to conducting a solo flight, a student pilot shall have: (a) (b) received and logged flight training for the manoeuvres and procedures of this regulation that are appropriate to the make and model of aircraft to be flown; and demonstrated satisfactory proficiency and safety, as judged by 151 Official Gazette nº 21bis of 25/05/2015 an authorized instructor, on the manoeuvres and procedures required by this regulation in the make and model of aircraft or similar make and model of aircraft to be flown. (5) A student pilot who is receiving training for solo flight shall receive and log flight training for the required manoeuvres and procedures, including the following as applicable, for each category and class rating: (a) proper flight preparation procedures, including pre-flight planning and preparation, engine operation, and aircraft systems; taxiing or surface operations, including runups; take-offs and landings, including normal and crosswind; straight and level flight, and turns in both directions; climbs and climbing turns; airport traffic patterns, radio telephony, airport entry and departure procedures; collision avoidance, windshear avoidance, and wake turbulence avoidance; descents , with and without turns, using high and low drag configurations; flight at various airspeeds from cruise to slow flight; flight attitudes and power stall entries combinations with recovery initiated at the first indication of a stall, and recovery from a full stall; emergency procedures and equipment malfunctions; ground reference manoeuvres; approaches malfunctions; slips to a landing; and go-arounds. landing area with simulated engine from various to a (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (6) A holder of student pilot licence who is receiving training for solo flight shall receive and log flight training for the following additional manoeuvres and procedures, as applicable, as indicated for each category and class rating: (a) in a multiengine aeroplane: (i) proper flight preparation procedures, including pre-flight planning and preparation, powerplant operation, and aircraft systems; (ii) taxiing or surface operations, including runups; (iii) take-offs and landings, including normal and crosswind; (iv) straight and level flight, and turns in both directions; (v) climbs and climbing turns; (vi) airport traffic patterns, including entry and departure procedures; (vii) collision avoidance, windshear avoidance, and wake turbulence avoidance; (viii) descents, with and without turns, using high and low drag configurations; 152 Official Gazette nº 21bis of 25/05/2015 (ix) flight at various airspeeds from cruise to slow flight; (x) stall entries from various flight attitudes and power combinations with recover initiated at the first indication of a stall, and recovery from a full stall; (xi) emergency procedures and equipment malfunctions; (xii) ground reference manoeuvres; (xiii) approaches to a landing area with simulated engine malfunctions; and approaches to the landing area; (xiv) go-arounds; in a helicopter: (i) (ii) hovering and hovering turns; (iii) simulated emergency procedures, including autorotational descents with a power recovery and power recovery to a hover; (iv) rapid decelerations; and (v) simulated one-engine-inoperative approaches and landings for multiengine helicopter. in a gyroplane: (i) approaches to the landing area; (ii) high rates of descent with power on and with simulated power off, and recovery from those flight configurations; and. (iii) simulated emergency procedures, including simulated power-off landings and simulated power failure during departures (b) (c) (d) in a glider: (i) the applicable manoeuvres and procedures shown in paragraph (a) (ii) launches, including normal and crosswind; (iii) inspection of towline rigging and review of signals and release procedures; (iv) aerotow, ground tow, or self-launch procedures; (v) procedures for disassembly and assembly of the glider; (vi) slips to a landing; (vii) procedures and techniques for thermalling; and (viii) emergency operations, including towline break procedures. (e) (f) in an airship: (i) rigging, ballasting, and controlling pressure ballonets, and superheating; and in the (ii) landings with positive and with negative static trim in a balloon: (i) layout and assembly procedures; (ii) ascents and descents; (iii) landing and recovery procedures; (iv) operation of hot air or gas source, ballast, valves, vents, and rip panels, as appropriate; 153 Official Gazette nº 21bis of 25/05/2015 (v) use of deflation valves or rip panels for simulating an emergency; (vi) the effects of wind on climb and approach angles; and (vii) obstruction detection and avoidance techniques. Privileges limitations and 36. (1) A holder of a Student Pilot Licence shall be entitled to fly as a pilot-in- command of an aircraft for the purpose of becoming qualified for a grant or renewal of a Pilot’s Licence. (2) A holder of an Student Pilot Licence shall not act as pilot-in-command of an aircraft: (a) (b) (c) (d) (e) (f) (g) that is carrying a passenger; that is carrying property for compensation or hire; that is operated for compensation or hire; in furtherance of a business; on an international flight; when the flight cannot be made under visual meteorological conditions (VMC) as specified under the Civil Aviation (Rules of the Air and Air Traffic Control) Regulations; or in a manner contrary to any limitations placed in the pilot’s logbook by an authorized instructor. (3) A holder of an Student Pilot Licence shall not act as a required flight crew member on any aircraft for which more than one pilot is required by the aircraft type certificate or by these regulations under which the flight is conducted, except when receiving flight training from an authorized instructor on board an airship, and no person other than a required flight crew member is carried on the airship. (4) A holder of a Student Pilot Licence shall not operate an aircraft in solo flight unless that student pilot has received within the ninety days preceding the date of the flight an endorsement made in the student’s logbook from an authorized instructor for the specific make and model of aircraft to be flown. (5) A holder of a Student Pilot Licence shall not fly solo in an aircraft on an international flight unless by special or general arrangement between the Contracting States concerned. (6) A holder of a Student Pilot Licence shall not act as a pilot-in-command of an aircraft unless his logbook has been endorsed by an authorized instructor that he is capable of communicating with air traffic control on radiotelephony. Solo flight cross- country requirements 37. (1) Except as provided in sub-regulation (4), a holder of a Student Pilot License shall meet the requirements of this regulation before: (a) conducting a solo cross-country flight, or any flight greater than twenty five nautical miles from the airport from where the flight originated; or making a solo flight and landing at any location other than the airport of origin. (b) (2) Except as provided in sub-regulation (4), a student pilot who seeks solo cross-country flight privileges shall: 154 Official Gazette nº 21bis of 25/05/2015 (a) (b) (c) (d) have received flight training from an authorized instructor on the manoeuvres and procedures required by this regulation that are appropriate to the make and model of aircraft for which solo cross-country privileges are sought; have demonstrated cross-country proficiency on the appropriate manoeuvres and procedures required by this regulation to an authorized instructor; have satisfactorily accomplished the pre-solo flight manoeuvres and procedures required by this regulation in the make and model of aircraft or similar make and model of aircraft for which solo cross-country privileges are sought; and comply with any limitations included in the instructor’s endorsement that are required by sub-regulation (5). (3) A holder of a Student Pilot Licence who seeks solo cross-country flight privileges must have received ground and flight training from an authorized instructor on the cross-country manoeuvres and procedures listed in this regulation that are appropriate to the aircraft to be flown. (4) A student pilot shall obtain an endorsement from an authorized instructor to make solo flights, subject to the following conditions: (a) a student pilot may make solo flights to another airport that is within twenty-five nautical miles from the airport where the student pilot normally receives training if: (i) the authorized instructor who makes the endorsement gave the student pilot flight training at the other airport, and that training included flight in both directions over the route, entering and exiting the traffic pattern, and takeoffs and landings at the other airport; (b) (ii) the student pilot has a current solo flight endorsement in accordance with these regulations; (iii) the instructor has determined that the student pilot is proficient to make the flight; and (iv) the purpose of the flight is to practice takeoffs and landings at that other airport. a student pilot may make repeated specific solo cross-country flights to another airport that is within fifty nautical miles of the airport from which the flight originated, if: (i) the authorized instructor who gave the endorsement gave the student flight training in both directions over the route, including entering and exiting traffic patterns, takeoffs, and landings at the airport to be used; the (ii) the student has current solo flight endorsements in accordance with these regulations, and (iii) the student has a current solo cross-country flight endorsement in accordance with sub-regulation (5), except that separate endorsements are not required for each flight made under this paragraph. (5) Except as specified in sub-regulation (4)(b), a student pilot shall have a solo cross-country endorsement placed in the student pilot’s log book 155 Official Gazette nº 21bis of 25/05/2015 by the authorized instructor who conducted the training for each make and model aircraft the student will fly on each cross-country flight. (6) A student pilot who is receiving training for cross-country flight shall receive and log flight training in the following manoeuvres and procedures: (a) in an aeroplane or helicopter: (i) use of aeronautical charts for visual flight rules navigation using pilotage and dead reckoning with the aid of a magnetic compass; (ii) use of aircraft performance charts pertaining to cross- country flight; (iii) procurement and analysis of aeronautical weather reports and forecasts, including recognition of critical weather situations and estimating visibility while in flight; (iv) recognition, avoidance, and operational restrictions of hazardous terrain features in the geographical area where the student pilot will conduct cross-country flight; (v) use of radios communications; for VFR navigation and two-way (vi) climbs at best angle and best rate; and (vii) control and manoeuvring solely by reference to flight instruments, including straight and level flight, turns, descents, climbs, use of radio aids, and air traffic control clearances; in a glider: (i) the manoeuvres and procedure specified in sub-regulation (6)(a), as applicable; (ii) landings accomplished without the use of the altimeter from at least 600 m (2,000 ft) above the surface; and (iii) recognition of weather and upper air conditions favourable for cross-country soaring, ascending flight, descending flight, and altitude control; (b) (c) in an airship: (i) the manoeuvres and procedures specified regulation (6)(a), as applicable; in sub- (ii) control of air pressure with regard to ascending and descending flight and altitude control; (iii) control of the airship solely by reference to flight instruments; and (iv) recognition of weather and upper air conditions conducive for the direction of cross-country flight. Renewal requirements Private pilot licence 38. A holder of a Student Pilot Licence may apply for renewal of the Licence if the holder has passed a Class II medical examination Eligibility 39. An applicant for a Private Pilot Licence, shall: 156 requirements Official Gazette nº 21bis of 25/05/2015 (a) be at least seventeen years of age for a licence other than the operation of glider or balloon; (b) be at least sixteen years of age for a licence in a glider or (c) (d) balloon; demonstrate the ability to read, speak, write, and understand the English language in accordance with the language proficiency requirements contained in the Second Schedule to these regulations; receive an endorsement for the knowledge test from an authorized instructor who: (i) conducted the training on the aeronautical knowledge areas listed in regulation 40, that apply to the aircraft category sought; and (ii) certified that the person is prepared for the required knowledge test; (e) (f) be in possession of a valid Class 2 Medical Certificate issued under these regulations; pass the required knowledge test on the aeronautical knowledge areas listed in regulation 40; (g) receive flight training and a logbook endorsement from an authorized instructor who: (i) conducted the training in the areas of operation listed in regulation 41, that apply to the aircraft category and class rating sought; and (ii) certified that the person is prepared for the required practical test; (h) meet the aeronautical experience requirements of this Sub-part that apply to the aircraft category and class rating sought before applying for the practical test; pass a practical test on the areas of operation listed in regulation 41 that apply to the aircraft category and class rating sought; and. (i) (j) comply with the appropriate provisions of these regulations that apply to the aircraft category and class rating sought. Subject to sub-regulation (2) an applicant for a Private Pilot Licence shall receive and log ground training from an authorized instructor on the aeronautical knowledge areas that apply to the aircraft category and class rating sought. The aeronautical knowledge areas applicable to any relevant category and class rating shall be as follows: (a) air law: rules and regulations relevant to the holder of a Private Pilot Licence, rules of the air, altimeter seting procedures; appropriate air traffic services practices and procedures; (b) aircraft general knowledge: (i) principles of operation and functioning of powerplants, systems and instruments; (ii) operating limitations of the relevant category of aircraft 157 Aeronautical knowledge requirements 40. (1) (2) Official Gazette nº 21bis of 25/05/2015 and powerplants; relevant operational information from the flight manual or other appropriate document; (iii) for helicopter and powered-lifts, transmission (power trains) where applicable; (iv) for airships, physical properties and practical application of gases; (c) flight performance, planning and loading: (i) effects of loading and mass distribution on flight characteristics; mass and balance calculations; (ii) use and practical application of take-off, landing and other performance data; (iii) pre-flight and en-route flight planning appropriate to private operations under VFR; preparation and filing of air traffic services flight plans; appropriate air traffic services procedures; position reporting procedures; altimeter setting procedures; operations in areas of high- density traffic; (d) human performance: human performance, including principles of threat and error management; (e) meteorology: application of elementary aeronautical meteorology, use of, and procedures for obtaining, meteorological information, altimetry; hazardous weather conditions; (f) (g) navigation: practical aspects of air navigation and dead-reckoning techniques; use of aeronautical charts; operational procedures: (i) application of threat and error management to operational performance; (ii) altimeter setting procedures; (iii) use of aeronautical documentation such as AIP, NOTAM, aeronautical codes and abbreviations; (iv) appropriate precautionary and emergency procedures, including action to be taken to avoid hazardous weather, wake turbulence and other operating hazards; (v) in the case of helicopter, and if applicable, powered-lifts, settling with power; ground resonance; retreating blade stall; dynamic rollover and other operating hazards; safety procedures, associated with flight in VMC; principles of flight: principles of flight relating to aircraft; radiotelephony: communication procedures and phraseology as applied to VFR operations and action to be taken in case of communication failure. (h) (i) instruction Flight requirements 41. (1) An applicant for a Private Pilot License shall receive and log ground and flight training from an authorized instructor on the following areas of operation and the instructor shall ensure that the applicant has operational experience in at least the following areas to the level of 158 Official Gazette nº 21bis of 25/05/2015 performance required for the private pilot: (a) for all categories and class ratings, as applicable: (i) pre-flight operations, including mass and balance determination, aeroplane inspection and servicing; (ii) aerodrome and traffic pattern operations, collision avoidance precautions and procedures; (iii) control of the aeroplane by external visual reference; (iv) flight at critically slow airspeeds, recognition of, and (v) recovery from, incipient and full stalls; flight at critically high airspeeds, recognition of, and recovery from, spiral dives; (vi) normal and cross-wind take-offs and landings; (vii) maximum performance (short field and obstacle clearance) take-offs and short-field landings; (viii) flight by reference solely to instruments, including the completion of a level 180° turn; (ix) cross-country flying using visual reckoning and, where available, radio navigation aids; (x) emergency operations, including simulated aeroplane reference, dead equipment malfunctions; (xi) operations to, from and transiting controlled aerodromes, services procedures, compliance with air radiotelephony procedures and phraseology; traffic (b) (xii) recognize and manage threats and errors; and (xiii) communication procedures and phraseology. for aeroplane category rating, with a multi engine class rating the areas covered in sub-paragraph (a) and in addition the following requirements : (i) emergency operations; including the applicant’s knowledge and performance of the following tasks: (aa) (bb) (cc) (dd) emergency descent; engine failure during take-off before Vmc engine failure after lift-off (simulated) approach and (simulated); and landing with an inoperative engine (c) (ii) multi-engine operations; including the applicant’s knowledge and performance of the following tasks: (aa) manoeuvring with one engine inoperative; (bb) Vmc demonstration; and (cc) engine failure during flight (by reference to instruments). for helicopter category rating with a helicopter class rating the areas covered in sub-paragraph (a) and in addition the following: (i) not less than 20 hours of dual instruction time; (ii) control of the helicopter by external visual reference; (iii) recovery at the incipient stage from settling with power; recovery techniques from low-rotor rpm within the normal range of engine rpm; 159 Official Gazette nº 21bis of 25/05/2015 (v) (iv) ground manoeuvring and run-ups; hovering; take-offs and landings — normal, out of wind and sloping ground; take-offs and landings with minimum necessary power; maximum performance take-off and landing techniques; restricted site operations; quick stops; flying using visual reference, dead reckoning and, where available, radio navigation aids, including a flight of at least one hour; (vi) cross-country (vii) emergency operations, including simulated helicopter equipment malfunctions; autorotative approach and landing; and (viii) the instructor shall ensure that the applicant has operational experience in flight by reference solely to instruments, including the completion of a level 180o turn, in a suitably instrumented helicopter; for helicopter category rating with a gyroplane class rating the areas covered in sub-paragraph (a) and in addition flight at slow airspeeds; (d) (e) for airship category and class rating the following areas: recognize and manage threats and errors; (i) (ii) pre-flight operations, including balloon assembly, rigging, inflation, mooring, mass and balance determination, inspection and servicing; (iii) ground reference manoeuvres; (iv) techniques and procedures for the launching and ascent, take-off, including appropriate limitations, emergency procedures and signals used; (v) aerodrome and traffic pattern operations, collision avoidance precautions and procedures; (vi) control of the airship by external visual reference; (vii) maximum performance (obstacle clearance) take-offs; (viii) flight by reference solely to instruments, including the completion of a level 180° turn; (ix) recognition of, and recovery from, rapid descents; (x) navigation, cross-country flying using visual reference, dead reckoning and radio navigation aids; (xi) take-offs, approaches, go-arounds and landings, including ground handling; and (xii) emergency operations (recognition of leaks), including simulated airship equipment malfunctions; and (xiii) communication procedures and phraselogy. (f) for powered-lift category rating the following areas:; (i) recognize and manage threats and errors; (ii) pre-flight operations, determination, powered-lift inspection and servicing; including mass and balance (iii) aerodrome and traffic pattern operations, collision avoidance precautions and procedures; (iv) control of the powered-lift by external visual reference; 160 Official Gazette nº 21bis of 25/05/2015 (v) ground manoeuvring and run-ups; hover and rolling take- offs and climb-out; hover and rolling approach and landings – normal, out of wind and sloping ground; (vi) take-offs and landings with minimum necessary power; maximum performance take-off and landing-techniques; restricted site operations; quick stops; (vii) flight by reference solely to instruments, including the completion of a level 180° turn; (viii) recovery at the incipient stage for settling with power; recovery techniques from low-rotor rpm within the normal range of engine rpm; cross-country flying around visual reference, dead reckoning and, where available, radio navigation aids, including a flight of at least one hour; (ix) (x) emergency operations, including simulated powered-lift to equipment malfunctions; power of reconversion autorotation and autorotative approach, where applicable; transmission and interconnect driveshaft failure, where applicable; (xi) operations to from and transiting controlled aerodromes, compliance with air traffic services procedures; and (xii) communication procedures and phraseology; . (2) An applicant for a Private Pilot Licence shall have demonstrated the ability to perform as a pilot-in-command of an aircraft within the appropriate category of aircraft, the procedures and manoeuvres specified in this sub-part, with a degree of competency appropriate to the privileges granted to the holder of a Private Pilot Licence, and to : (a) recognize and manage threats and errors; (b) operate the aircraft within its limitations; (c) complete all manoeuvres with smoothness and accuracy; (d) exercise good judgment and airmanship; (e) apply aeronautical knowledge; and (f) maintain control of the aircraft at all times in a manner such that the successful outcome of a procedure or manoeuvre is assured; Aeronautical experience requirements 42. (1) An applicant for a Private Pilot Licence with an aeroplane category rating shall - (a) have completed for a single engine class rating for each category rating sought: (i) (ii) not less than 40 hours of flight time as pilot of aeroplanes, a total of 5 hours may have been completed in a flight simulation training device; and not less than 10 hours of solo flight time under the supervision of an authorized flight instructor, including 5 hours of solo cross-country flight time with at least one cross-country flight totalling not less than 270 km (150 NM) in the course of which full-stop landings at two different aerodromes shall be made; (b) have completed for a multi engine class rating for each category 161 Official Gazette nº 21bis of 25/05/2015 sought, in addition to the requirements of paragraph (a): (i) not less than 10 hours under the supervision of an authorized flight instructor in the category sought; and (ii) pass a practical skill test on multi-engine aircraft as specified in regulation 27. (c) not fly as pilot in command of such an aeroplane carrying passenger unless within the preceding 90 days he has made at least three take-offs and three landings as the sole manipulator of the controls of an aeroplane of the same type or class and, if such a flight is to be carried out at night, his licence includes instrument rating (aeroplane) except if otherwise specifically authorized by the Authority and he has made at least one of those take-offs and landings at night in the appropriate category of aircraft; (d) not fly at night unless he received appropriate dual instruction in aircraft within the appropriate category of aircraft in night flying. (2) An applicant for a Private Pilot Licence with an helicopter category rating shall have completed, for helicopter: (a) not less than 40 hours of flight time, a total of 5 hours may have been completed in a flight simulation training device; and (b) not less than 10 hours of solo flight time under the supervision of an authorized flight instructor, including 5 hours of solo cross-country flight time with at least one cross-country flight totalling not less than 180 km (100 NM) in the course of which landings at two different points shall be made; (3) An applicant for a Private Pilot Licence with an airship class rating shall have completed twenty five hours of flight training in airships on the areas of operation which consists of at least: (a) three hours of cross-country flight training in an airship with a cross-country flight totalling not less than 45 km (25 NM); (b) five take-offs and five landings to a full stop at an aerodrome with each landing involving a flight in the traffic pattern at an aerodrome; (c) three hours of instrument time; and (d) five hours as pilot assuming the duties of the pilot-in-command (e) under the supervision of the pilot-in-command; five hours of solo flight in an airship with an authorized instructor. (f) if the privileges of the licence are to be exercised at night, three hours of night flight training in an airship. (4) An applicant for a Private Pilot Licence, with powered-lift category rating, shall have completed: (a) not less than 40 hours of flight time as a pilot of powered-lifts; and (b) not less than 10 hours of solo flight time under the supervision of an authorized flight instructor, including 5 hours of solo cross- country flight time with at least one cross-country flight 162 Official Gazette nº 21bis of 25/05/2015 totalling not less than 270 km (150 NM) in the course of which full-stop landings at two different aerodromes shall be made including at least 20 hours of dual instruction time in powered-lifts from an authorized flight instructor (5) An applicant for Private Pilot Licence who has flight time as a pilot in other categories may be credited with 10 hours of the total flight time. Privileges limitations and 43. (1) Except as provided in sub-regulations (2) to (7), a holder of a Private Pilot License shall not act as a pilot-in-command or co-pilot of an aircraft: (a) (b) carrying passengers or property for compensation or hire; or operated for compensation or hire. (2) A holder of a Private Pilot Licence may exercise the privileges of a holder of a flight radiotelephone operator licence as prescribed in 117. (3) A holder of a Private Pilot Licence may, for compensation or hire, act as a crew member of an aircraft in connection with any business or employment if: (a) (b) the flight is only incidental to that business or employment; and the aircraft does not carry passengers or property for compensation or hire. (4) A holder of a Private Pilot Licence may act as a crew member of an aircraft used in a passenger-carrying flight sponsored by a charitable organization described in sub-paragraph (g), and for which the passengers make a donation to the organization, when the following requirements are met: (a) the sponsor of the flight notifies the Authority at least seven days before the event and submits: (i) a signed letter from the sponsor that shows the name of the sponsor, the purpose of the charitable event, the date and time of the event, and the location of the event; and (ii) a photocopy of each crew member’s pilot licence, Medical Certificate, and logbook entries that show the pilot has a valid licence and has logged at least two hundred hours of flight time; (b) the flight is conducted from a public airport that is adequate for the aircraft to be used, or from another airport that has been approved by the Authority for the operation; no acrobatic or formation flights are conducted; (c) (d) each aircraft used for the charitable event holds a valid standard (e) (f) certificate of airworthiness; each aircraft used for the charitable event is airworthy and complies with the applicable requirements of the Civil Aviation (Operation of Aircraft) Regulations; each flight for the charitable event is made during day visual flight rules conditions; and (g) the charitable organization is an organization identified as such by the appropriate authority of the government. (5) A holder of a Private Pilot Licence may be reimbursed for aircraft 163 Official Gazette nº 21bis of 25/05/2015 operating expenses that are directly related to search and rescue operations, if the expenses involve only fuel, oil, airport expenditures, or rental fees, and the operation is sanctioned and under the direction and control of— (a) a government agency; or (b) an organization that conducts search and rescue operations (6) A holder of a Private Pilot Licence who is an aircraft salesman and who has logged at least two hundred hours of logged flight time may demonstrate an aircraft in flight to a prospective buyer. (7) A holder of a Private Pilot Licence shall not pay less than the pro rata share of the operating expenses of a flight with passengers, if the expenses involve only fuel, oil, airport expenditures, or rental fees. (8) Except as provided in sub-regulations (2) through (7), a holder of a Private Pilot Licence shall, not for compensation or hire, act as a co- pilot of an aircraft that is type certified for more than one pilot. (9) The holder of the Private Pilot's Licence with simple single engine aeroplane, microlight aeroplane or self launching motor glider (SLMG) rating shall be entitled to fly as pilot-in-command of any simple single engine aeroplane, microlight aeroplane or SLMG specified or otherwise falling within an aircraft rating included in the licence, provided :. (a) he shall not fly— (i) such a simple single engine aeroplane or a microlight aeroplane outside Rwanda except with the permission of the competent authority for the airspace in which he flies; or (ii) such a SLMG in or over the territory of a Contracting State other than Rwanda except in accordance with permission granted by the competent authority of that State provided that he may fly a SLMG outside Rwanda if his licence includes a SLMG rating and a Medical Certificate appropriate for such a flight. (b) (c) he shall not fly any such aeroplane for the purpose of public transport or aerial work except in the circumstances specified in sub-paragraph (c). the circumstances referred to in paragraph (b) are that he flies such an aeroplane for the purpose of aerial work which consists of towing another aeroplane or glider in flight— (i) in an aeroplane owned, or operated under arrangements entered into, by a flying club of which the holder of the licence and any person carried in the towing aeroplane or in any aeroplane or glider being towed are members; or (ii) in an aeroplane owned, or operated under arrangements the into, by an organization approved by entered Authority for the purpose of this provision when— (aa) the holder of the licence is a member of an organization approved by the Authority for the purpose of this provision; and (bb) any person carried in the towing aeroplane or in 164 Official Gazette nº 21bis of 25/05/2015 (d) any aeroplane or glider being towed is a member of an organization approved by the Authority for the purpose of this provision. he shall not fly— (i) as pilot-in-command of such a simple single engine aeroplane on a flight outside controlled airspace when the flight visibility is less than 5 km; (ii) as pilot-in-command of such a SLMG or microlight aeroplane on a flight outside controlled airspace when the flight visibility is less than 3 km; (iii) as pilot-in-command of any such aeroplane— (aa) on a special VFR flight in a control zone in a flight visibility of less than 10 km; (bb) out of sight of the surface; or (cc) at night; or (iv) as pilot-in-command of any such aeroplane require compliance with in the circumstances which Instrument Flight Rules. (e) he shall not fly as pilot in command of any such aeroplane— (i) when the total number of persons carried (including the pilot) exceeds four; or (ii) when carrying passengers unless within the preceding 90 days he has made at least three take-offs and three landings as the sole manipulator of the controls of an aeroplane of the same class as that being flown. (f) he shall not fly— (i) as pilot-in-command of such a simple single engine aeroplane where— (aa) the aeroplane is fitted with a tricycle undercarriage; (bb) the aeroplane is fitted with a tail wheel; (cc) the engine is fitted with either a supercharger or turbo-charger; (dd) the engine is fitted with a variable pitch propeller; (ee) the landing gear is retractable; (ff) a cabin pressurization system is fitted; or (gg) the aeroplane has a maximum continuous cruising speed in excess of 140 knots indicated airspeed; unless appropriate differences training has been completed and recorded in his personal flying log book; or (ii) as pilot-in-command of such a microlight aeroplane the aeroplane has 3 axis controls and his previous training and experience has only been in an aeroplane with flex wing controls; or the aeroplane has flex wing controls and his previous training and experience has only been in an aeroplane with 3 axis controls; where— (aa) (bb) 165 unless appropriate differences training has been completed and Renewal requirements Official Gazette nº 21bis of 25/05/2015 recorded in his personal flying logbook. 44. A Private Pilot Licence may be renewed if the holder of the licence has logged the following hours as pilot-in-command on either category, class or type rating sought within the twelve months preceding the date of application for renewal, (a) for aeroplane, helicopter and powered-lift, not less than 5 hours; and for airship not less than 3 hours. (b) Commercial Pilot Licence Eligibility requirements 45. (1) An applicant for a Commercial Pilot Licence shall: (a) (b) be at least eighteen years of age; demonstrate the ability to read, speak, write, and understand the English language in accordance with the language proficiency requirements contained in the Second Schedule to these regulations; receive a logbook endorsement from an authorized instructor who: (i) conducted the aeronautical knowledge areas listed in regulation 46, that apply to the aircraft category and class rating sought; and (ii) certified that the person is prepared for the required knowledge test that applies to the aircraft category and class rating sought. required ground training on the pass the required knowledge test on the aeronautical knowledge areas listed in regulation 46; receive the required training and a logbook endorsement from an authorized instructor who: (i) conducted the training on the areas of operation listed in regulation 47 that apply to the aircraft category and class rating sought; and (ii) certified that the person is prepared for the required practical test. be in possession of a Class 1 Medical Certificate issued under these regulations; meet the aeronautical experience requirements of the applicable provisions of these regulations that apply to the aircraft category and class rating sought before applying for the practical test pass the required practical test on the areas of operation listed in regulation 47 that apply to the aircraft category and class rating sought; hold a Private Pilot Licence issued under these regulations or meet the requirements of regulation 18, pertaining to military licences; and comply with all sections of these regulations which apply to the aircraft category and class rating sought. 166 (c) (d) (e) (f) (g) (h) (i) (j) Official Gazette nº 21bis of 25/05/2015 Aeronautical knowledge requirements 46. (1) Subject to sub-regulation (2) an applicant for a Commercial Pilot Licence, shall receive and record ground training in a manner prescribed by the Authority, from an authorized instructor on the aeronautical knowledge areas that apply to the aircraft category and class rating sought. , in at least the following subjects: (2) The aeronautical knowledge areas applicable to any relevant category and class rating shall be as follows: (a) air law: rules and regulations relevant to the holder of a Commercial Pilot Licence; rules of the air; appropriate air traffic services practices and procedures (b) aircraft general knowledge: (i) principles of operation and functioning of aircraft powerplants, systems and instruments; (ii) operating limitations of appropriate aircraft category and powerplants, relevant operational information from the flight manual or other appropriate document; (iii) use and serviceability checks of equipment and systems of appropriate aircraft category; (iv) maintenance procedures for airframes, systems and powerplants of appropriate aircraft category; (v) for helicopter and powered-lifts, transmission (power trains) where applicable; (vi) for airships, physical properties and practical application of gases; (c) flight performance and planning and loading: (i) effects of loading and mass distribution on aircraft handling, flight characteristics and performance, mass and balance calculations; (ii) use and practical application of take-off, landing and other performance data; (iii) pre-flight and en-route flight planning appropriate to operations under VFR; (iv) preparation and filing of air traffic services flight plans and appropriate air traffic services procedures; (v) in the case of airships, helicopter and powered-lifts, effects of external loading on handling; (d) human performance: human performance relevant to the Commercial Pilot Licence including principles of threats and error management; (e) meteorology: (i) and interpretation aeronautical meteorological reports, charts and forecasts; use of, and procedures for obtaining, meteorological information, application of pre-flight and in-flight and altimetry; 167 Official Gazette nº 21bis of 25/05/2015 (ii) aeronautical meteorology; climatology of relevant areas in respect of the elements having an effect upon aviation; the movement of pressure systems, the structure of fronts, and the origin and characteristics of significant weather phenomena which affect take-off, en-route and landing conditions; (iii) causes, recognition and effects on icing; frontal zone penetration procedures; hazardous weather avoidance; (f) navigation: (i) air navigation, including the use of aeronautical charts, instruments and navigation aids, understanding of the principles and characteristics of appropriate navigation systems and operation of air borne equipment; (ii) in the case of airships : (aa) use, limitation and serviceability of avionics and instruments necessary for control and navigation; (bb) use, accuracy and reliability of navigation systems used in departure, en-route, approach and landing phases of flight, identification of radio navigation aids; (cc) principles and characteristics of self-contained and external referenced navigations systems, operation of air borne equipment; (g) operation procedures: (i) application of threat and error management to operational performance; (ii) use of aeronautical documentation such as AIP, NOTAM, aeronautical codes and abbreviations; (iii) altimeter setting procedures; (iv) appropriate precautionary and emergency procedures; (vi) operational procedures for carriage of freight, including external loads if applicable; potential hazards associated with dangerous goods; (vii) requirements and practices to passengers, including precautions to be observed when embarking and disembarking from aircraft; for safety briefing (viii) night and high altitude; and (ix) in the case of helicopter, and if applicable, powered-lifts, settling with power; ground resonance; retreating blade stall; dynamic rollover and other operating hazards; safety procedures, associated with flight in VMC; (h) principles of flight: principles of flight relating to aircraft; (i) radiotelephony: radiotelephony procedures and phraseology as applied to VFR operations, action to be taken in case of communication failure. 168 instruction Flight requirements 47. Official Gazette nº 21bis of 25/05/2015 (1) An applicant for a Commercial Pilot Licence shall receive and record ground and flight training from an authorized instructor who shall ensure that the applicant has operational experience in at least the following areas of operation of this regulation that apply to the aircraft category and class rating sought to the level of performance required for the commercial pilot: (a) for all categories and class ratings, as applicable: (i) recognize and manage threats and errors; (ii) pre-flight operations, including mass and balance determination, aircraft inspection and servicing; (iii) aerodrome and traffic pattern operations, collision avoidance precautions and procedures; (iv) control of the aircraft by external visual reference; (v) flight with asymmetrical power for multi-engine class or type ratings; (vi) flight at critically slow airspeeds; spin avoidance; recognition of, and recovery from, incipient and full stalls; (vii) flight at critically high airspeeds; recognition of, and recovery from, spiral dives; (viii) normal and cross-wind take-offs and landings; (ix) maximum performance (short field and obstacle (b) clearance) take-offs; short-field landings; (x) basic flight manoeuvres and recovery from unusual attitudes by reference solely to basic flight instruments; (xi) cross-country reference, dead reckoning and radio navigation aids; diversion procedures; flying using visual (xii) abnormal and emergency procedures and manoeuvres; (xiii) operations to, from and transitting controlled aerodromes, services procedures, compliance with air radiotelephony procedures and phraseology; and traffic (xiv) communication procedures and phraseology in addition to the areas of operation specified in paragraph (a), the applicable areas of operation for a multi-engine class rating as follows: (i) emergency operations; applicant’s including the knowledge and performance of the following tasks: (aa) emergency descent; (bb) engine failure during take-off before Vmc (simulated); (cc) engine failure after lift-off (simulated); (dd) approach and landing with one inoperative engine (simulated); (ee) systems and equipment malfunctions; and (ff) emergency equipment and survival gear (ii) high altitude operations; including the applicant’s knowledge and performance of the following tasks: (aa) supplemental oxygen; and (bb) pressurization. 169 Official Gazette nº 21bis of 25/05/2015 (iii) multi-engine operations: including the applicant’s knowledge and performance of the following tasks: (aa) manoeuvring with one engine inoperative; (bb) Vmc demonstration; (cc) engine failure during flight (by reference to instruments); and (dd) instrument approach with one engine inoperative (by reference to instruments). (c) for a helicopter category rating with a helicopter type rating: (i) recognize and manage threats and errors; (ii) pre-flight operations, including mass and balance determination, helicopter inspection and servicing; (iii) aerodrome and traffic pattern operations, collision avoidance precautions and procedures; (iv) control of the helicopter by external visual reference; (v) recovery at the incipient stage from settling with power; recovery techniques from low-rotor rpm within the normal range of engine rpm; (vi) ground manoeuvring and run-ups; hovering; take-offs and landings — normal, out of wind and sloping ground; steep approaches; (vii) take-offs and landings with minimum necessary power; maximum performance take-off and landing techniques; restricted site operations; quick stops; (viii) hovering out of ground effect; operations with external load, if applicable; flight at high altitude; (ix) basic flight manoeuvres and recovery from unusual (x) cross-country attitudes by reference solely to basic flight instruments; flying using visual reference, dead reckoning and radio navigation aids; diversion procedures; (xi) abnormal and emergency procedures, including simulated helicopter equipment malfunctions, autorotative approach and landing; (d) (e) (xii) operations to, from and transitting controlled aerodromes, compliance with air traffic services procedures, and (xiii) communication procedures and phraseology for a helicopter category rating with a gyroplane class rating: flight at slow airspeeds; for a powered-lift category rating: (i) recognize and manage threats and errors; (ii) pre-flight operations, including mass and balance determination, powered-lift inspection and servicing; (iii) aerodrome and traffic pattern operations, collision avoidance precautions and procedures; (iv) control of the powered-lift by external visual reference; (v) recovery at the incipient stage from settling with power; recovery techniques from low-rotor rpm within the normal range of engine rpm; 170 Official Gazette nº 21bis of 25/05/2015 (vi) ground manoeuvring and run-ups; hovering; take-offs and landings — normal, out of wind and sloping ground; steep approaches; (vii) take-offs and landings with minimum necessary power; maximum performance take-off and landing techniques; restricted site operations; quick stops; (viii) hovering out of ground effect; operations with external load, if applicable; flight at high altitude; (ix) basic flight manoeuvres and recovery from unusual (x) cross-country attitudes by reference solely to basic flight instruments; flying using visual reference, dead reckoning and radio navigation aids; including a flight of at least one hour; (xi) emergency operations, including simulated powered-lift equipment malfunctions; power of reconversion to autorotation and autorotative approach, where applicable; transmission and interconnect driveshaft failure, where applicable; (xii) operations to, from and transitting controlled aerodromes, compliance with air traffic services procedures, and (f) (xiii) communication procedures and phraseology for a airship caterogy: (i) recognize and manage threats and errors; (ii) pre-flight operations, determination assembly, rigging, inspection and servicing; including mass and balance inflation, mooring, (iii) aerodrome and traffic pattern operations, collision avoidance precautions and procedures; (iv) control of the lighter-than-air by external visual reference; (v) recognition of leaks; (vi) techniques and procedures for the take-off, including appropriate limitations, emergency procedures and signals used; (vii) normal take-offs and landings; (viii) maximum performance (short field and obstacle clearance) take-offs; short field landing; (ix) flight under IFR; (x) cross-country flying using visual reckoning and, where available, radio navigation aids; (xi) emergency operations, including simulated lighter-than- reference, dead air malfunctions;; (xii) operations to, from and transitting controlled aerodromes, compliance with air traffic services procedures, and (xiii) communication procedures and phraseology. (2) An applicant for a Commercial Pilot Licence shall have demonstrated the ability to perform as a pilot-in-command of an aircraft within the appropriate category of aircraft, the procedures and manoeuvres specified in this sub-part, with a degree of competency appropriate to 171 Aeronautical experience requirements Official Gazette nº 21bis of 25/05/2015 the privileges granted to the holder of a Commercial Pilot Licence, and to : (a) recognize and manage threats and errors; (b) operate the aircraft within its limitations; (c) complete all manoeuvres with smoothness and accuracy; (d) exercise good judgment and airmanship; (e) apply aeronautical knowledge; and (f) maintain control of the aircraft at all times in a manner such that the successful outcome of a procedure or manoeuvre is assured 48. (1) An applicant for a Commercial Pilot Licence, aeroplanes shall obtain the following hours of aeronautical experience: (a) not less than 200 hours of flight time, or 150 hours if completed during an integrated course of approved training provided for in an Approved Training Organization under the Civil Aviation (Approved Training Organization) Regulations, as a pilot of aeroplanes, of which 10 hours may have been completed in a flight simulation training device. (b) in aeroplanes, not less than: (i) 100 hours as pilot-in-command or, in the case of a course of approved training, 70 hours as pilot-in-command; (ii) 20 hours of cross-country flight time as pilot-in-command including a cross-country flight totalling not less than 540 km (300 NM) in the course of which full-stop landings at two different aerodromes shall be made; (iii) 10 hours of instrument instruction time of which not more than 5 hours may be instrument time in the flight simulation training device; (iv) 5 hours of night flying, including 5 take-offs and 5 landings as pilot-in-command. (c) A holder of a pilot licence in another category may be credited towards the 200 hours of flight time as follows: (i) 10 hours as pilot-in-command in a category other than helicopters; or (ii) 30 hours as pilot-in-command holding a Private Pilot Licence on helicopters; or (iii) 100 hours as pilot-in-command holding a Commercial Pilot Licence on helicopters. (2) An applicant for a Commercial Pilot Licence - helicopter licence shall have completed: (a) not less than 150 hours of flight time, or 100 hours if completed during an integrated course of approved training provided for in an approved training organization under the Civil Aviation (Approved Training Organization) Regulations, as a pilot of helicopters, of which 10 hours may have been completed in a flight simulation training device; (b) not less than: (i) 35 hours as pilot-in-command; (ii) 10 hours of cross-country flight time as pilot-in-command 172 Official Gazette nº 21bis of 25/05/2015 including a cross-country flight in the course of which full-stop landings at two different points shall be made; (iii) 10 hours of instrument instruction time of which not more than 5 hours may be instrument ground time; and (iv) if the privileges of the licence are to be exercised at night, 5 hours of night flight time including 5 take-offs and 5 landing patterns as pilot-in-command. (c) The holder of a pilot licence in the helicopter category may be credited towards the 150 hours of flight time as follows: (i) 20 hours as pilot-in-command holding a Private Pilot Licence in aeroplanes; or (d) (ii) 50 hours as pilot-in-command holding a Commercial Pilot Licence in aeroplanes. An applicant for a Commercial Pilot Licence - gyroplane licence shall have completed: (i) one hundred and fifty hours of flight time as a pilot, including at least one hundred hours in powered aircraft, of which twenty-five hours shall be in gyroplanes; (ii) one hundred hours of pilot-in-command flight time, including at least: (aa) ten hours in gyroplanes; and (bb) three hours in cross-country flight in gyroplanes; and (iii) twenty hours of training on the areas of operation listed in regulation 47, including at least: (aa) five hours of instrument training in an aircraft; (bb) one cross-country flight of at least two hours in a gyroplane in day VFR conditions, consisting of a total straight-line distance of more than fifty nautical miles from the original point of departure; and (iv) ten hours of solo flight in a gyroplane on the areas of operation listed in regulation 47, including at least— (aa) one cross-country flight with landings at a minimum of three points, with one segment consisting of a straight-line distance of at least fifty nautical miles from the original point of departure; and (bb) five hours in night visual flight rules conditions with ten takeoffs and ten landings with each landing involving a flight in the traffic pattern. (3) An applicant for a Commercial Pilot Licence - powered-lift licence shall have completed: (a) not less than 200 hours of flight time in a powered-lift, or 150 hours if completed during an integrated course course of approved training provided for in an approved training organization under the Civil Aviation (Approved Training Organization) Regulations, as a pilot of powered-lifts, of which 10 hours may have been completed in a flight simulation training device not less than: (b) 173 Official Gazette nº 21bis of 25/05/2015 (i) (ii) 50 hours as pilot-in-command; 10 hours of cross-country flight time as pilot-in-command including a cross-country flight totalling not less than 540 km (300 NM) in the course of which full-stop landings at two different aerodromes shall be made; (iii) 10 hours of instrument instruction time of which not more than 5 hours may be instrument ground time; and (iv) if the privileges of the licence are to be exercised at night, 5 hours of night flight time including 5 take-offs and 5 landing patterns as pilot-in-command. (c) the holder of a pilot licence in the powered-lift category may be credited towards the 150 hours of flight time as follows: (i) 20 hours as pilot-in-command holding a Private Pilot Licence in aeroplanes; or (ii) 50 hours as pilot-in-command holding a Commercial Pilot Licence in aeroplanes. (4) An applicant for a Commercial Pilot Licence - lighter than air (airship category) licence shall have completed: (a) not less than 200 hours of flight time as a pilot; (b) not less than: (i) (ii) 50 hours as a pilot of airships 30 hours in airships as pilot-in-command or pilot-in-command under supervision, to include not less than: (aa) 10 hours of cross-country flight time; and (bb) 10 hours of night flight in night visual flight rules conditions with ten takeoffs and ten landings with each landing involving a flight in the traffic pattern. (iii) 40 hours of instrument instruction time of which 20 hours shall be in flight and 10 hours in flight in airships; and (iv) 20 hours of flight training in airships in the area of operation listed in regulation 47(1)(e) provided that the said flight time shall include: (i) one cross-country flight of at least one hour in duration in an airship in day visual flight rules conditions, consisting of a total straight-line distance of more than twenty-five nautical miles from the original point of departure; and (ii) one cross-country flight of at least one hour in duration in an airship in night visual flight rules conditions consisting of a total straight-line distance of more than twenty-five nautical miles from the original point of departure; and (iii) one cross-country flight with landings at a minimum of three points, with one segment consisting of a straight-line distance of at least twenty-five nautical miles from the original point of departure; and (5) An applicant for a Commercial Pilot Licence - lighter than air (balloon category) licence shall have completed 35 hours which consists of not less than 20 training flights in the areas of operation, that includes: 174 Official Gazette nº 21bis of 25/05/2015 (a) (b) for a gas balloon: (i) two training flights of not less than two hours each in the appropriate areas of operation within sixty days prior to application for the rating; (ii) 10 hours as pilot-in-command; and (iii) two flights involving a controlled ascent to 1,500 m (5,000 ft) above the launch site. for a balloon with an airborne heater: (i) two training flights of two hours each in the appropriate areas of operation within sixty days prior to application for the rating; (ii) 10 hours as pilot-in-command; and (iii) two flights involving a controlled ascent to 1,500 m (5,000 ft) above the launch site. Privileges limitations and 49. (1) A holder of a Commercial Pilot Licence may: (a) (b) (c) (d) (e) exercise all the privileges of the holder of a Private Pilot Licence in an aircraft within the appropriate aircraft category provided the requirements of regulation 42(1) are met;; act as a pilot-in-command and co-pilot in an aircraft within the appropriate aircraft category engaged in operations other than commercial air transportation; act as a pilot-in-command in commercial air transportation in an aircraft within the appropriate aircraft category certificated for single pilot operation; act as a co-pilot in commercial air transportation in an aircraft within the appropriate aircraft category required to be operated with a co-pilot; exercise all the holder of a flight radiotelephone operator licence as stipulated in regulation 117; the privileges of (f) for the airship category, to pilot an airship under IFR; and (g) fly at night. (2) A holder of a Commercial Pilot Licence may act as pilot-in-command of an aircraft for compensation or hire, including the carriage of persons or property for compensation or hire, provided the pilot is qualified in accordance with the applicable regulations. (3) A holder of a Commercial Pilot Licence shall not act as a pilot-in- command of an aircraft certificated take-off mass of over 5,700 kg. Renewal requirements 50. A holder of a Commercial Pilot Licence may apply for renewal of the licence if the holder of the licence has logged as pilot-in-command or co-pilot within the six months preceding the date of application for renewal, the following hours: (a) for aeroplanes and helicopter; not less than 6 hours and 6 take- offs and landings; and (b) for lighter than air; 3 hours and 3 launches and landings. 175 Multi-crew Pilot Licence Eligibility requirements Official Gazette nº 21bis of 25/05/2015 51. An applicant for a Multi-crew Pilot Licence shall (a) be at least eighteen years of age; (b) meet the requirements specified in regulation 56 for the Airline Transport Pilot Licence appropriate to the aeroplane category in an approved training course; be in possession of a Class 1 Medical Certificate issued under these regulations (c) Aeronautical skill requirements. 52. (1) An applicant for a Multi-crew Pilot Licence shall have demonstrated the skills required for fulfilling all the competency units specified in the Third Schedule as pilot flying and pilot not flying, to the level required to perform as co-pilot of turbine-powered aeroplanes certificated for operation with minimum crew of at least two pilots under VFR and IFR, and to : (a) recognize and manage threats and errors; (b) smoothly and accurately, manually control the aeroplane within its limitations at all times, such that the successful outcome of a procedure or manoeuvre is assured; (c) operate the aeroplane in the mode of automation appropriate to the phase of flight and to maintain awareness of the active mode of automation; (d) perform, in an accurate manner, normal, abnormal and emergency procedures in all phases of flight; and (e) communicate effectively with other flight crew members and demonstrate the ability to effectively perform procedures for crew incapacitation, crew coordination, including allocation of pilot tasks, crew cooperation, adherence to standard operating procedures and use of checklists. (2) The Authority shall continuously assess the progress in acquiring the skills specified in sub-regulation (1). instruction Flight requirements. 53. (1) An applicant for a Multi-crew Pilot Licence shall have completed a course of approved training covering the experience requirements specified in sub-regulations (3) to (5); (2) An applicant for a Multi-crew Pilot Licence shall have received dual flight instruction in all the competency units specified in the Third Schedule to these regulations, to the level required for the issue of the Multi-crew Pilot Licence, to include the competency units required to pilot under instrument flight rules; (3) An applicant for a Multi-crew Pilot Licence shall have completed in an approved training course not less than 240 hours as pilot flying and pilot not flying of actual and simulated flight. (4) Flight experience in actual flight shall include at least the experience requirements at regulation 42(1), upset prevention and recovery training, night flying and flight by reference solely to instruments. 176 Official Gazette nº 21bis of 25/05/2015 (5) In addition to meeting the provisions of sub-regulation (2), the applicant shall have gained, in a turbine-powered aeroplane certificated for operation with a minimum crew of at least two pilots, or in a flight simulation training device approved for that purpose by the Authority in accordance with paragraph 4 of the Third Schedule, the experience necessary to achieve the advanced level of competency defined in the Third Schedule. Aeronautical experience requirements. 54. (1) Before exercising the privileges of the instrument rating in a single-pilot operation in aeroplanes, the licence holder shall have demonstrated an ability to act as pilot-in-command in a single-pilot operation exercised by reference solely to instruments and shall have me the skill requirement specified in regulation 85 appropriate to the aeroplane category; (2) Before exercising the privileges of a commercial pilot licence in a single- pilot operation in aeroplanes, the licence holder shall have: (a) completed in aeroplanes 70 hours, either as pilot-in-command, or made up of not less than 10 hours as pilot-in-command and the necessary additional flight time as pilot-in-command under supervision; (b) completed 20 hours of cross-country flight time as pilot-in- command, or made up of not less than 10 hours as pilot-in- command and 10 hours as pilot-in-command under supervision, including a cross-country flight totalling not less than 540 km (300 NM) in the course of which full-stop landings at two different aerodromes shall be made; and (c) met the requirements for the commercial pilot licence specified in regulations 46(2), 47(1)(a) and (b), 48(1) (with the exception of 48(1)(b)(i)), appropriate to the aeroplane category. Privileges limitations. and 55. A holder of a Multi-crew Pilot Licence may: (a) (b) (c) exercise all the privileges of the holder of a Private Pilot Licence in the aeroplane category provided the requirements of regulation 42(1) are met; exercise the privileges of the instrument rating in a multi-crew operation; and act as a co-pilot of an aeroplane required to be operated with a co-pilot; Airline Transport Pilot Licence Eligibility requirements 56. An applicant for an Airline Transport Pilot Licence shall: (a) (b) be at least twenty one years of age; demonstrate the ability to read, speak, write, and understand the English language in accordance with the language proficiency requirements contained in the Second Schedule to these regulations; 177 Official Gazette nº 21bis of 25/05/2015 (c) meet at least one of the following requirements: (i) hold a valid and current Commercial Pilot Licence and an instrument rating; (ii) meet the military experience requirements under regulation 18 , to qualify for a Commercial Pilot Licence, and an instrument rating if the person is a rated military pilot or former rated military pilot; or (iii) hold either a foreign Airline Transport Pilot Licence or a foreign Commercial Pilot Licence and an instrument rating issued by another Contracting State. (d) meet the applicable aeronautical experience requirements of this sub-part before applying for the practical test; (e) pass a knowledge test on the applicable aeronautical knowledge areas of regulation 57 that apply to the aircraft category and class rating sought; and pass the practical test on the applicable areas of operation specified in regulation 57, that apply to the aircraft category and class rating sought; and (f) (g) have a current Class 1 Medical Certificate. (h) demonstrate the ability to perform, as pilot-in-command of an aircraft within the appropriate category required to be operated with a co-pilot, the following procedures and manoeuvres: (i) pre-flight procedures, including the preparation of the operational flight plan and filing of the air traffic services flight plan; (ii) normal flight procedures and manoeuvres during all phases of flight; (iii) abnormal and emergency procedures and manoeuvres related to failures and malfunctions of equipment, such as powerplant, systems and airframe; procedures for crew incapacitation and crew coordination, including allocation of pilot tasks, crew cooperation and use of checklists; and (iv) (v) in the case of aeroplanes and powered-lifts, procedures and manoeuvres for instrument flight described in regulation 84 including simulated engine failure (i) in the case of an aeroplane, demonstrate the ability to perform the procedures and manoeuvres described in sub-paragraph (h) as pilot-in-command of a multi-engined aeroplane (j) demonstrate the abililty to perform the procedures and manoeuvres described in sub-paragraph (h) with a degree of competency appropriate to the privileges granted to the holder of an Air Transport Pilot Licence, and to: (i) recognize and manage threats and errors; (ii) smoothly and accurately, manually control the aircraft within its limitations at all times, such that the successful outcome of a procedure or manoeuvre is assured; 178 Official Gazette nº 21bis of 25/05/2015 (iii) operate the aircraft in the mode of automation appropriate to the phase of flight and to maintain awareness of the active mode of automation; (iv) perform, in an accurate manner, normal, abnormal and emergency procedures in all phases of flight; and (v) communicate effectively with other flight crew members and demonstrate the ability to effectively perform procedures for crew incapacitation, crew coordination, including allocation of pilot tasks, crew cooperation, standard operating procedures and use of checklists. adherence to Aeronautical knowledge requirements 57. (1) (2) Subject to sub-regulation (2) an applicant for a Airline Transport Pilot Licence, shall receive and record ground training in a manner prescribed by the Authority, on the aeronautical knowledge areas that apply to aeroplane and helicopter aircraft categories. The aeronautical knowledge areas applicable to aeroplane, helicopter and powered-lift categories shall be as follows: (a) air law: rules and regulations relevant to the holder of an airline transport pilot licence; rules of the air; appropriate air traffic services practices and procedures; aircraft general knowledge: (i) general characteristics and limitations of electrical, hydraulic, pressurization and other aircraft systems; flight control systems, including autopilot and stability augmentation; (b) (ii) principles of operation, handling procedures and operating limitations of aircraft powerplants; effects of atmospheric conditions on engine performance; relevant operational information from the flight manual or other appropriate document; (iii) operating procedures and limitations of the revelevant category of aircraft; effects of atmospheric conditions on aircraft performance in accordance with the relevant operational information from the flight manual; (iv) use and serviceability checks of equipment and systems of appropriate aircraft; (v) flight instruments; compasses, turning and acceleration errors; gyroscopic instruments, operational limits and precession effects; practices and procedures in the event of malfunctions of various flight instruments and electronic display units; (vi) maintenance procedures for airframes, systems and powerplants of appropriate aircraft; (vii) for helicopters and powered-lifts, transmission (power trains) where applicable; (c) flight performance and planning and loading: (i) effects of loading and mass distribution on aircraft 179 Official Gazette nº 21bis of 25/05/2015 handling, flight characteristics and performance; mass and balance calculations; (ii) use and practical application of take-off, landing and other performance data, including procedures for cruise control; (iii) pre-flight and en-route operational flight planning; preparation and filing of air traffic services flight plans; appropriate air traffic services procedures; altimeter setting procedures; (iv) in the case of helicopters and powered-lifts, effects of external loading on handling; (d) (e) (f) human performance: human performance including principles of threat and error management; meteorology: (i) interpretation aeronautical meteorological reports, charts and forecasts; codes and abbreviations; use of, and procedures for obtaining, meteorological in-flight; altimetry; information, pre-flight and application and of (ii) aeronautical meteorology; climatology of relevant areas in respect of the elements having an effect upon aviation; the movement of pressure systems; the structure of fronts, and the origin and characteristics of significant weather phenomena which affect take-off, en-route and landing conditions; (iii) causes, recognition and effects of engine and airframe icing; frontal zone penetration procedures; hazardous weather avoidance; in the case of aeroplanes and powered-lifts, practical high altitude meteorology, including interpretation and use of weather reports, charts and forecasts; jetstreams; (iv) navigation (i) air navigation, including the use of aeronautical charts, radio navigation aids and area navigation systems; specific navigation requirements for long-range flights; (ii) use, limitation and serviceability of avionics and instruments necessary for the control and navigation of aircraft; (iii) use, accuracy and reliability of navigation systems used in departure, en-route, approach and landing phases of flight; identification of radio navigation aids; (iv) principles and characteristics of self-contained and external-referenced navigation systems; operation of airborne equipment; (g) operational procedures: (i) application of threat and error management to operational performance; interpretation and use of aeronautical documentation such (ii) 180 Official Gazette nº 21bis of 25/05/2015 as AIP, NOTAM, aeronautical codes and abbreviations, and instrument procedure charts for departure, en-route, descent and approach; (iii) precautionary practices; and emergency procedures; safety (iv) operational procedures for carriage of freight and dangerous goods; (vi) requirements and practices to passengers, including precautions to be observed when embarking and disembarking from aircraft; for safety briefing (vii) night and high altitude; and (viii) in the case of helicopters, and if applicable, powered-lifts, settling with power; ground resonance; retreating blade stall; dynamic rollover and other operating hazards; safety procedures, associated with flight in VMC principles of flight: principles of flight relating to aircraft, including subsonic aerodynamics; compressibility effects, manoeuvre boundary limits, wing design characteristics, effects of supplementary lift and drag devices; relationships between lift, drag and thrust at various airspeeds and in different flight configurations; radiotelephony: radiotelephony procedures and phraseology; action to be taken in case of communication failure. (h) (i) Flight instructions requirements 58. An applicant for Airline Transport Pilot Licence, aeroplanes, helicopters or powered-lifts shall have received the flight instruction required for the issue of Commercial Pilot Licence as prescribed in regulation 47; and (a) (b) (b) for Airline Transport Pilot Licence aeroplanes and powered- lifts shall receive the flight instructions required for the issue of the instrument rating prescribed in regulation 84 and the knowledge requirements prescribed in regulation 85; for Airline Transport Pilot Licence aeroplanes shall receive the flight instructions required for the issue of the multi-crew pilot licence prescribed in regulation 53; for Airline Transport Pilot Licence helicopters if the privileges of instrument rating are to be exercised shall receive the flight instructions required for the issue of the instrument rating prescribed in regulation 84. (1) An applicant for an Airline Transport Pilot Licence, shall have completed, for aeroplanes or powered-lifts, not less than 1500 hours of flight time or in the case of helicopter not less than 1000 hours of flight time, of which a maximum of 100 hours may be obtained in a flight simulation training device; out of the 100 hours, not more than 25 hours shall have been acquired in a flight procedure trainer or a basic instrument flight trainer. (2) The applicant for the aeroplane category rating shall have completed in 181 Aeronautical Experience requirements 59. Official Gazette nº 21bis of 25/05/2015 aeroplanes not less than: (a) 500 hours as pilot-in-command under supervision or 250 hours, either as pilot-in-command, or made up by not less than 70 hours as pilot-in- command and the necessary additional flight time as pilot-in- command under supervision,; (b) 200 hours of cross-country flight time, of which not less than 100 hours shall be as pilot-in-command or as pilot-in-command under supervision; (c) 75 hours of instrument time, of which not more than 30 hours may be in instrument ground time; and (d) 100 hours of night flight as pilot-in-command or as co-pilot. (3) The applicant for the helicopter category rating shall have completed in helicopters not less than: (a) 250 hours, either as pilot-in-command, or made up by not less than 70 hours as pilot-in-command and the necessary additional flight time as pilot-in-command under supervision,; (b) 200 hours of cross-country flight time, of which not less than 100 hours shall be as pilot-in-command or as pilot-in-command under supervision; (c) 30 hours of instrument time, of which not more than 10 hours may be in instrument ground time; and (d) 50 hours of night flight as pilot-in-command or as co-pilot (4) The applicant for the powered-lift category rating shall have completed in powered-lifts not less than: (a) 250 hours, either as pilot-in-command, or made up by not less than 70 hours as pilot-in-command and the necessary additional flight time as pilot-in-command under supervision,; (b) 100 hours of cross-country flight time, of which not less than 50 hours shall be as pilot-in-command or as pilot-in-command under supervision; (c) 75 hours of instrument time, of which not more than 30 hours may be in instrument ground time; and (d) 25 hours of night flight as pilot-in-command or as co-pilot (5) When the applicant for Airline Transport Pilot Licence aeroplanes, helicopters or powered-lift has flight time as a pilot of either category, the applicant shall be credited with 50% of the flight time as pilot-in-command towards the flight time of the category sought as required in sub-regulation (1). Additional aircraft category, class and type ratings 60. AnAn applicant who holds a valid Airline Transport Pilot Licence and seeks additional aircraft category, class and type rating shall: (a) (b) (c) (d) meet the applicable eligibility requirements; pass a knowledge test on the applicable aeronautical knowledge areas; meet the applicable aeronautical experience requirements; and: pass the practical test on the areas of operation. Privileges limitations and 61. (1) A holder of an Airline Transport Pilot Licence may: (a) exercise all the privileges of a holder of a Private Pilot Licence and Commercial Pilot Licence in an aircraft within the 182 Official Gazette nº 21bis of 25/05/2015 (c) (b) appropriate aircraft category and, in the case of a licence for the aeroplane and powered-lift categories, of Instrument Rating; act as pilot-in-command and co-pilot, in commercial air transport, of an aircraft within the appropriate category and certificated for operation with more than one pilot; and exercise all radiotelephone operator licence as stipulated in regulation 117. (2) When the holder of an Airline Transport Pilot Licence in the aeroplane category has previously held only a Multi-crew Pilot Licence, the privileges of the licence shall be limited to multi-crew operations unless the holder has met the requirements established in regulations 54(1), 54(2) and 55(a) as appropriate, and any limitation of privileges shall be endorsed on the licence. the holder of a flight the privileges of (3) A holder of an Airline Transport Pilot Licence may be authoriszed to act as a flight instructor, not being a holder of a flight instructor rating, when instructing pilots within an Air Operator Certificate holder’s approved training programme in aircraft of the category, class, and type, as applicable, for which the airline transport pilot is rated, and in flight simulation training devices of those aircraft, and endorse the logbook or other training record of the person to whom training has been given. (4) A holder of an Airline Transport Pilot Licence shall not instruct in an aircraft or in an approved flight simulation training device except for the briefing and debriefing sessions: (a) for more than eight hours in any twenty four-consecutive-hour period; or (b) for more than thirty six hours in any seven-consecutive-day period. (5) A holder of an Airline Transport Pilot Licence shall not instruct in Category II or Category III operations unless he has been trained and successfully tested under Category II or Category III operations, as applicable. 62. A holder of an Airline Transport Pilot Licence may apply for renewal of the licence if the holder of the licence has logged not less than six hours as pilot in command or co-pilot and has done six take-offs and landings within the six months preceding the date of application for renewal. 63. An applicant for a Glider Pilot Licence shall (a) (b) be at least sixteen years of age; be in possession of a Class 2 Medical Certificate issued under these regulations Renewal requirements Glider Pilot Licence Eligibility requirements Aeronautical knowledge requirements 64. (1) An applicant for a Glider Pilot Licence shall have demonstrated a level of knowledge appropriate to the privileges granted to the holder of a Glider Pilot Licence, in at least the following subjects: (a) air law: rules and regulations relevant to the holder of a Glider Pilot 183 Official Gazette nº 21bis of 25/05/2015 Licence, rules of the air, appropriate air traffic services practices and procedures; (b) aircraft general knowledge: (i) principles of operation of glider, systems and instruments; (ii) operating limitations of glider; relevant operational information from the flight manual or other appropriate document; (c) flight performance, planning and loading: (i) effects of loading and mass distribution on flight characteristics; mass and balance calculations; (ii) use and practical application of launching, landing and other performance data; (iii) pre-flight and en-route flight planning appropriate to private operations under VFR; appropriate air traffic services procedures; altimeter setting procedures; operations in areas of high-density traffic; human performance: human performance relevant to the glider pilot including principles of threat and error management; meteorology: application of elementary aeronautical meteorology, use of, and procedures for obtaining, meteorological information, altimetry; hazardous weather conditions; navigation: practical aspects of air navigation and dead-reckoning techniques; use of aeronautical charts; operational procedures: (i) use of aeronautical documentation such as AIP, NOTAM, aeronautical codes and abbreviations; (ii) different launch methods and associated procedures; (iii) appropriate precautions and emergency procedures, including action to be taken to avoid hazardous weather, wake turbulence and other operation hazards; principles of flight: principles of flight relating to gliders; radiotelephony: communication procedures and phraseology as appropriate to VFR operations and action to be taken in case of communication failure. (d) (e) (f) (g) (h) (i) (1) An applicant for a Glider Pilot Licence shall have demonstrated the ability to perform as pilot-in-command of a glider, the procedures and manoeuvres described in regulation 66 (c) with a degree of competency appropriate to the privileges granted to the holder of a Glider Pilot Licence and to: (a) recognize and manage threats and errors; (b) operate the glider within its limitations; (c) complete all manoeuvres with smoothness and accuracy; (d) exercise good judgment and airmanship; (e) apply aeronautical knowledge; and (f) maintain control of the glider at all times in a manner such that the 184 Flight requirements skill 65. Aeronautical experience requirements Official Gazette nº 21bis of 25/05/2015 successful outcome of a procedure or manoeuvre is assured; (2) The Authority shall continuously assess the progress in acquiring the skills specified in sub-regulation (1). 66. Before exercising the privileges of a Glider Pilot Licence, the licence holder shall have: (a) completed not less than 6 hours of flight time as a pilot of gliders, and if passengers are to be carried, completed not less than ten hours of flight time as pilot of gliders, including, in both cases, two hours of solo flight time during which not less than 20 launches and landings have been performed; (b) when the applicant for a Glider Pilot Licence has flight time as a pilot of aeroplanes, the applicant shall be credited with 33% of the flight time as pilot towards the flight time as required in sub-paragraph (a). (c) gained, under appropriate supervision, operational experience in gliders in at least the following areas: (i) pre-flight operations, including glider assembly and inspection; (ii) techniques and procedures for the launching method used, including appropriate airspeed limitations, emergency procedures and signal used; (iii) traffic pattern operations, collision avoidance precautions and procedures; (iv) control of glider by external visual reference; (v) flight throughout the flight envelope; (vi) recognition of, and recovery from, incipient and full stalls and spiral dives; (vii) normal and crosswind launches, approaches and landings; (viii) cross-country flying using visual reference and dead reckoning; (ix) emergency procedures. Privileges limitations and 67. The privileges of the holder of a Glider Pilot Licence shall be to act as pilot-in- command of any glider provided the licence holder has operational experience in the launching method used, and be subject to the provisions of regulation 43(9) in cases of self lauchning motor glider. Free Balloon Pilot Licence Eligibility requirements 68. An applicant for a Free Balloon Pilot Licence shall (a) (b) be at least sixteen years of age; be in possession of a Class 2 Medical Certificate issued under these regulations Aeronautical knowledge requirements 69. (1) An applicant for a Free Balloon Pilot Licence shall have demonstrated a level of knowledge appropriate to the privileges granted to the holder of a Free Balloon Pilot Licence, in at least the following subjects: 185 Official Gazette nº 21bis of 25/05/2015 (a) air law: rules and regulations relevant to the holder of a Free Balloon Pilot Licence, rules of the air, appropriate air traffic services practices and procedures; (b) aircraft general knowledge: (i) principles of operation of free balloon, systems and instruments; (ii) operating limitations of free balloons; relevant operational information from the flight manual or other appropriate document; (iii) physical properties and practical application of gases used in free balloons; (c) (d) (e) (f) (g) (h) (i) flight performance, planning and loading: (i) effects of loading on flight characteristics; mass calculations; (ii) use and practical application of launching, landing and other performance data, including effect of temperature; (iii) pre-flight and en-route flight planning appropriate to private operations under VFR; appropriate air traffic services procedures; altimeter setting procedures; operations in areas of high-density traffic; human performance: human performance relevant to the free balloon pilot including principles of threat and error management; meteorology: application of elementary aeronautical meteorology, use information, of, and procedures for obtaining, meteorological altimetry; hazardous weather conditions; navigation: practical aspects of air navigation and dead-reckoning techniques; use of aeronautical charts; operational procedures: (i) use of aeronautical documentation such as AIP, NOTAM, aeronautical codes and abbreviations; (ii) appropriate precautions and emergency procedures, including action to be taken to avoid hazardous weather, wake turbulence and other operation hazards; principles of flight: principles of flight relating to free balloons; radiotelephony: communication procedures and phraseology as appropriate to VFR operations and action to be taken in case of communication failure. Flight requirements skill 70. (1) An applicant for a Free Balloon Pilot Licence shall have demonstrated the ability to perform as pilot-in-command of a free balloon, the procedures and manoeuvres described in regulation 71(d) with a degree of competency appropriate to the privileges granted to the holder of a Free Balloon Pilot Licence and to: (a) recognize and manage threats and errors; (b) operate the free balloon within its limitations; (c) complete all manoeuvres with smoothness and accuracy; 186 Aeronautical experience requirements Official Gazette nº 21bis of 25/05/2015 (d) exercise good judgement and airmanship; (e) apply aeronautical knowledge; and (f) maintain control of the free balloon at all times in a manner such that the successful outcome of a procedure or manoeuvre is assured; (2) The Authority shall continuously assess the progress in acquiring the skills specified in sub-regulation (1). 71. Before exercising the privileges of a Free Balloon Pilot Licence, the licence holder shall have: (a) completed not less than 16 hours of flight time as a pilot of free balloons, and including, at least 8 launches and ascents of which one shall be solo; (b) if passengers are carried for renumeration or hire, completed the flight not less than 35 hours of flight time including 20 hours as a pilot of a free balloon; (c ) if the privileges of the licence are to be exercised at night, two flights at night under supervision involving a controlled ascent to 1,500 m (5,000 ft) above the launch site. (d ) gained, under appropriate supervision, operational experience in free balloons in at least the following areas: (i) pre-flight operations, including balloon assembly and inspection; (ii) techniques and procedures for the launching and ascent, including appropriate limitations, emergency procedures and signal used; (iii) collision avoidance precautions; (iv) control of free balloon by external visual reference; (v) recognition of, and recovery from, rapid descents; (vi) cross-country flying using visual reference and dead reckoning; (vii) approaches and landings, including ground handling; (ix) emergency procedures. Privileges limitations and 72. The privileges of the holder of a Free Balloon Pilot Licence shall be to act as pilot-in-command of any free balloon provided the licence holder has operational experience in hot air or gas balloons as appropriate. PART VII: PILOT RATINGS AND AUTHORIZATIONS Category rating 73. A pilot seeking a category rating shall: (a) have received the required training and possess the aeronautical experience prescribed by these regulations for the aircraft category and, if applicable, class and type rating sought; (b) have an endorsement in that pilot’s logbook or training record from an authorized instructor that the applicant has been found competent in the following areas, as appropriate to the pilot licence for the aircraft category and, if applicable, class and 187 Official Gazette nº 21bis of 25/05/2015 type rating sought: (i) (ii) areas of operation; and aeronautical knowledge areas; and (c) pass the knowledge and practical test that is appropriate to the pilot licence for the aircraft category and, if applicable, the class rating sought. Class ratings 74. A pilot seeking an additional class rating: (a) (b) aeronautical knowledge area; and shall have an endorsement in that pilot’s logbook or training record from an authorized instructor that the applicant has been found competent in the following areas, as appropriate to the pilot licence and for the aircraft class rating sought: (i) (ii) areas of operation. shall pass the practical test applicable to the pilot licence for the aircraft class rating sought need not meet the training time requirements prescribed under these regulations for the aircraft class rating sought; and (d) need not take an additional knowledge test, if the applicant holds an aeroplane, helicopter or airship category at that pilot licence level. (c) Type ratings 75. (1) To act as a pilot in command of: an aircraft certificated for at least two pilots; any aircraft considered necessary by the Authority; or each type of helicopter, (a) (b) (c) a pilot shall hold a type rating for that aircraft. (2) A person shall not act as a commercial pilot in an aeroplane of which the maximum certificated take-off mass of over 2,300 kg unless that person’s licence includes an Instrument Rating. (3) A pilot seeking an aircraft type rating to be added on a pilot licence, or the addition of an aircraft type rating that is accomplished concurrently with an additional aircraft category or class rating shall: (a) have an endorsement in the logbook or training record from an authorized instructor that the applicant has been found competent in the areas of operation appropriate to the pilot licence for the aircraft category, class and type rating sought and the applicant has logged: (i) (ii) for aeroplanes of maximum certificated take-off mass of 5,700 kgs or below not less than 5 hours of flight time under the supervision of an authorized flight instructor in the aircraft type sought; and for aeroplanes of maximum certificated take-off mass of over 5,700 kgs where training is conducted in a flight simulation training device not less than 30 hours of flight simulation training device time and 3 hours of actual flying time in the aircraft type sought. (b) (c) pass the flight check-out for the aircraft type rating sought; and pass a knowledge test on the aircraft type on which the rating is sought. 188 76. Category II and III operations pilot authorization requirements Official Gazette nº 21bis of 25/05/2015 (1) An applicant for a Category II or Category III operations pilot authorization shall: (a) hold a pilot licence with an instrument rating or an airline transport pilot licence; hold a category and class rating, and type rating, for the aircraft for which the authorization is sought; and complete the practical test requirements. (b) (c) (2) An applicant for a Category II or Category III operations pilot authorization shall have at least: (a) (b) fifty hours of night flight time as pilot-in-command; seventy-five hours of instrument time under actual or simulated instrument conditions that may include not more than: (i) a combination of twenty-five hours of simulated instrument flight time in an approved flight simulation training device; or (ii) forty hours of simulated instrument flight if accomplished in an approved course conducted by an training organization appropriately certified under the Civil Aviation (Approved Training Organizations) Regulations and rated approved time (c) two hundred fifty hours of cross-country flight time as pilot-in- command. (3) Upon passing a practical test for a Category II or III operations pilot authorization, a pilot may renew that authorization for each type of aircraft for which the pilot holds the authorization. (4) The Authority may not renew a Category II or Category III operations pilot authorization for a specific type aircraft for which an authorization is held beyond twelve months from the date the applicant passed a practical test in that type of aircraft. (5) Where the holder of a Category II or Category III operations pilot authorization passes the practical test for a renewal in the month before the authorization expires, the Authority will consider that the holder passed it on the date the authorization expired. (6) The Authority may issue a Category II or Category III pilot authorization by way of a letter, as a part of an applicant’s instrument rating or pilot licence. (7) Upon original issue the authorization shall contain the following limitations: (a) for Category II operations, five hundred metres runway visual range (RVR) and a 45.5 m (150 ft) decision height (DH) ; and for Category III operations, as specified in the authorization (b) document. (8) To remove the limitations on a Category II or Category III pilot authorization: (a) a Category II operations limitation holder may remove the limitation by showing that, since the beginning of the sixth preceding month, the holder has made three Category II 189 Official Gazette nº 21bis of 25/05/2015 operations ILS approaches with a 45.5 m (150 ft) - decision height to a landing under actual or simulated instrument conditions; or a Category III operations limitation holder may remove the the limitation by showing experience as specified authorization. in (b) (9) An authorization holder or an applicant for an authorization may use a flight simulation training device if that flight simulation training device is approved by the Authority for such use, to meet the experience requirement of sub-regulation (11), or for the practical test required by these regulations for a Category II or a Category III operations pilot authorization, as applicable. (10) An applicant for the: (a) (b) issue or renewal of a Category II operations pilot authorization; and the addition of another type of aircraft to a Category II operations pilot authorization shall pass a practical test. (11) To be eligible for the practical test for an authorization under this regulation, an applicant shall: (a) meet the requirements of this regulation ;and (b) if the applicant has not passed a practical test for this authorization within the twelve months preceding the date of the test: (i) meet the requirements of the Civil Aviation (Operation of Aircraft) Regulations and (ii) have performed at least six ILS approaches within the six calendar months preceding the date of the test, of which at least three of the approaches shall have been conducted without the use of an approach coupler. (12) An applicant shall accomplish the approaches specified in sub-regulation (11)(b)(ii): (a) (b) (c) (d) under actual or simulated instrument flight conditions; to the minimum decision height for the ILS approach in the type aircraft in which the practical test is to be conducted, except that the approaches need not be conducted to the decision height authorized for Category II operations; to the decision height authorized for Category II operations only if conducted in an approved flight simulation training device qualified for Category II operations; and in an aircraft of the same category and class and type, as applicable, as the aircraft in which the practical test is to be conducted or in an approved flight simulation training device that— (i) represents an aircraft of the same category and class and the the aircraft in which type, as applicable, as authorization is sought; and (ii) is used in accordance with an approved course conducted by an approved training organization certified under the 190 Official Gazette nº 21bis of 25/05/2015 Civil Aviation Regulations. (Approved Training Organizations) (13) The flight time acquired in meeting the requirements of sub-regulation (11)(b)(ii) may be used to meet the requirements of sub-regulation (11)(b)(i). (14) A category II operations practical test consists of an oral and flight increment: (a) in case of an oral increment test the applicant shall demonstrate knowledge of the following: (i) required landing distance; (ii) recognition of the decision height; (iii) missed approach procedures and techniques using computed or fixed altitude guidance displays (iv) use and limitations of runway visual range; (v) use of visual clues, their availability or limitations, and altitude at which they are normally discernible at reduced runway visual range; (vi) procedures and techniques related to transition from nonvisual to visual flight during a final approach under reduced runway visual range; (vii) effects of vertical and horizontal windshear; (viii) characteristics and limitations of the ILS and runway lighting system; (ix) characteristics and limitations of the flight director system, auto approach coupler, including split axis type if equipped, auto throttle system if equipped), and other required Category II operations equipment; (x) assigned duties of the co-pilot during Category II approaches, unless the aircraft for which authorization is sought does not require an co-pilot; and (xi) instrument and equipment failure warning systems. (b) in the case of a flight increment test it shall be conducted in an aircraft of the same category, class, and type, as applicable, as the aircraft in which the authorization is sought or in an approved flight simulation training device that— (i) (ii) the aircraft represents an aircraft of the same category and class, and type, as applicable, as the authorization is sought; and is used in accordance with an approved course conducted by an approved training organization certificated under the Civil Aviation (Approved Training Organizations) Regulations; in which (aa) the flight increment shall consist of at least two ILS approaches to 30 m (100 ft) above including at least one landing and one missed approach; (bb) all approaches performed during the flight increment shall be made with the use of an approved flight control guidance system, except if an approved auto 191 Official Gazette nº 21bis of 25/05/2015 approach coupler is installed, at least one approach shall be hand flown using flight director commands; (cc) if a multiengine aeroplane with the performance capability to execute a missed approach with one engine inoperative is used for the practical test, the flight increment shall include the performance of one missed approach with an engine, which shall be the most critical engine, if applicable, set at idle or zero thrust before reaching the middle marker; (dd) if an approved multi-engine flight simulation training device is used for the practical test, the applicant shall execute a missed approach with the most critical engine, if applicable, failed; (ee) for an authorization for an aircraft that requires a type rating, the applicant shall pass a practical test in co- ordination with a co-pilot who holds a type rating in the aircraft in which the authorization is sought; (ff) the Authority’s inspector or evaluator may conduct oral questioning at any time during a practical test. (15) The Authority shall require that an applicant pass a practical test for: (a) (b) III operations pilot renewal of a Category issue or authorization; or the addition of another type of aircraft to a Category III operations pilot authorization. (16) To be eligible for the practical test an applicant shall: (a) meet the requirements of this regulation; and (b) if the applicant has not passed a practical test for this authorization during the twelve calendar months preceding the month of the test shall: (i) meet the requirements of the Civil Aviation (Operation of Aircraft) Regulations and (ii) have performed at least six ILS approaches during the six calendar months preceding the month of the test, of which at least three of the approaches shall have been conducted without the use of an approach coupler. (17) An applicant shall conduct the approaches specified in sub-regulation (16)(b)(ii): (a) (b) (c) (d) (e) under actual or simulated instrument flight conditions; to the alert height or decision height for the ILS approach in the type of aircraft in which the practical test is to be conducted; not necessarily to the decision height authorized for Category III operations; to the alert height or decision height, as applicable, authorized for Category III operations only if conducted in an approved flight simulation training device; and in an aircraft of the same category and class, and type, as applicable, as the aircraft in which the practical test is to be conducted or in an approved flight simulation training device 192 Official Gazette nº 21bis of 25/05/2015 that: (i) represents an aircraft of the same category and class, and type, as applicable, as the aircraft for which the authorization is sought; and (ii) is used in accordance with an approved course conducted by an approved training organization certificated under the Civil Aviation (Approved Training Organizations) Regulations. (18) An applicant for a Category III operations pilot authorization shall demonstrate knowledge of the following: required landing distance; (a) determination and recognition of the alert height or decision (b) height, as applicable, including use of a radio altimeter; (c) recognition of and proper reaction to significant failures encountered prior to and after reaching the alert height or decision height, as applicable; (e) (d) missed approach procedures and techniques using computed or fixed attitude guidance displays and expected height loss as they relate to manual go-around or automatic go-around, and initiation altitude, as applicable; use and including limitations of runway visual range, determination of controlling runway visual range and required transmissometers; use, availability, or limitations of visual cues and the altitude at which they are normally discernible at reduced runway visual range readings including: (i) unexpected deterioration of conditions to less than minimum runway visual range during approach, flare, and rollout; (f) (ii) demonstration of expected visual references with weather at minimum conditions; (iii) the expected sequence of visual cues during an approach in which visibility is at or above landing minima; and (iv) procedures and techniques for making a transition from instrument reference flight to visual flight during a final approach under reduced runway visual range; (g) effects of vertical and horizontal windshear; (h) characteristics and limitations of the ILS and runway lighting system; (j) (i) characteristics and limitations of the flight director system auto approach coupler, including split axis type if equipped, auto throttle system, if equipped, and other Category III operations equipment; assigned duties of the co-pilot during Category III operations, unless the aircraft for which authorization is sought does not require a co-pilot; recognition of the limits of acceptable aircraft position and flight path tracking during approach, flare, and, if applicable, (k) 193 Official Gazette nº 21bis of 25/05/2015 rollout; and (l) recognition of, and reaction to, airborne or ground system faults or abnormalities, particularly after passing alert height or decision height, as applicable. (19) An applicant for Category III operations pilot authorization may conduct the practical test in an aircraft of the same category and class, and type, as applicable, as the aircraft for which the authorization is sought, or in an approved flight simulation training device that: (a) represents an aircraft of the same category and class, and type, as applicable, as the aircraft in which the authorization is sought; and (b) is used in accordance with an approved course conducted by an approved training organization certificated under the Civil Aviation (Approved Training Organizations) Regulations. (20) A Category III operations practical test shall consist of at least two ILS approaches to 30 m (100 ft) above ground level, including one landing and one missed approach initiated from a very low altitude that may result in a touchdown during the go-around manoeuvre (21) An applicant for Category III operations pilot authorization shall perform all approaches during the practical test with the approved automatic landing system or an equivalent landing system approved by the Authority. (22) If a multiengine aircraft with the performance capability to execute a missed approach with one engine inoperative is used for Category III operations pilot authorization practical test, the practical test shall include the performance of one missed approach with the most critical engine, if applicable, set at an idle or zero thrust before reaching the middle or outer marker. (23) If an approved multiengine flight simulation training device is used for the Category III operations pilot authorization practical test, the applicant shall execute a missed approach with an engine, which shall be the most critical engine, if applicable, failed. (24) For a Category III operations pilot authorization for an aircraft that requires a type rating the applicant shall pass a practical test in co- ordination with a co-pilot who holds a type rating in the aircraft in which the authorization is sought. (25) Subject to the limitations of this sub-regulation, for Category IIIB operations predicated on the use of a fail-passive rollout control system, the applicant shall execute at least one manual rollout using visual reference or a combination of visual and instrument references, and shall initiate the manoeuvre by a fail-passive disconnect of the rollout control system: (a) after main gear touchdown; (b) prior to nose gear touchdown; (c) in conditions representative of the most adverse lateral touchdown displacement allowing a safe landing on the runway; and in weather conditions anticipated in Category III B operations. (d) (26) A person authorized by the Authority may conduct an oral test at any 194 Official Gazette nº 21bis of 25/05/2015 time during the Category III operations pilot authorization practical test. Balloon ratings 77. Where an applicant for a Private Pilot Licence or Commercial Pilot Licence balloon successful takes a practical test in: (a) (b) a balloon with an airborne heater, the Authority shall place upon the pilot licence a limitation restricting the exercise of the privileges of that licence to a balloon with an airborne heater; or a gas balloon, the Authority shall place upon the pilot licence a limitation restricting the exercise of the privilege of that licence to a gas balloon. Night Rating General eligibility requirements 78. A Private Pilot Licence holder shall not act as a pilot in command by night in the aircraft unless a night rating or an instrument rating is included in his or her licence. instruction Flight requirements 79. An applicant for a night rating shall have received five hours dual instruction under a qualified instructor in night flying, five flights as pilot in command including five take offs and landings in an aircraft. Privileges limitations and 80. A night rating shall entitle a Private Pilot Licence holder to act as a pilot in command of an aircraft at night but does not entitle the holder to pilot an aircraft under IFR conditions. Renewal requirements 81. An applicant for a night rating renewal shall have within the immediately preceding six months carried out as pilot in command not less than five takeoffs and five landings at night. Instrument Rating General eligibility requirements 82. (1) A holder of a pilot licence shall not act either as pilot-in-command or as co-pilot of an aircraft under instrument flight rules unless such holder has received an instrument rating appropriate to the aircraft category. (2) An applicant for an instrument rating shall- (a) (b) (c) hold a Private Pilot Licence or Commercial Pilot Licence or Airline Transport Pilot Licence or a Multi-crew Pilot Licence with an aircraft category and type rating for the instrument rating sought; receive a logbook or training record endorsement from an authorized instructor certifying that the person is prepared to take the required practical test; pass the required knowledge test on the aeronautical knowledge areas, unless the applicant already holds an instrument rating in another category; and 195 Official Gazette nº 21bis of 25/05/2015 (d) pass the required practical test on the areas of operation in- (i) the aircraft category, and type appropriate to the rating sought; or (ii) a flight simulation training device or a flight training device appropriate to the rating sought and approved for the specific manoeuvre or procedure performed. (e) be in possession of a valid Class 1 Medical Certificate issued under these regulations. Aeronautical knowledge requirements 83. An applicant for an instrument rating (aeroplanes, airships, helicopters and powered-lifts) shall receive ground training from an authorized instructor and have demonstrated a level of knowledge appropriate to the privileges granted to the holder of an instrument rating, in at least the following subjects: (a) (b) (c) (d) to relevant regulations air law: rules and flight under Instrument Flight Rules (IFR); related air traffic services practices and procedures; aircraft general knowledge for the aircraft category being sought (i) use, limitation and serviceability of avionics, electronic devices and instruments necessary for the control and navigation of aircraft under IFR and in instrument limitations of meteorological conditions; use and autopilot; (ii) compasses, turning and acceleration errors; gyroscopic instruments, operational limits and precession effects; practices and procedures in the event of malfunctions of various flight instruments; flight performance and planning for the aircraft category being sought (i) pre-flight preparations and checks appropriate to flight under IFR; (ii) operational flight planning; preparation and filing of air traffic services flight plans under IFR; altimeter setting procedures; human performance for the aircraft category being sought: human performance relevant to instrument flight in aircraft including principles of threat and error management; (e) meteorology for the aircraft category being sought (i) application of aeronautical meteorology; interpretation and use of reports, charts and forecasts; codes and abbreviations; use of, and procedures for obtaining, meteorological information; altimetry; (ii) causes, recognition and effects of engine and airframe icing; frontal zone penetration procedures; hazardous weather avoidance; (iii) in the case of helicopters and powered-lifts, effects of rotor icing; navigation (f) 196 Flight instruction requirements 84. Official Gazette nº 21bis of 25/05/2015 (i) practical air navigation using radio navigation aids; (ii) use, accuracy and reliability of navigation systems used in departure, en-route, approach and landing phases of flight; identification of radio navigation aids; (g) operational procedures for the aircraft category being sought (i) application of threat and error management to operational performance; (ii) interpretation and use of aeronautical documentation such as AIP, NOTAM, aeronautical codes and abbreviations, and instrument procedure charts for departure, en-route, descent and approach; (iii) precautionary and emergency procedures; safety practices associated with flight under IFR; (h) radiotelephony: communication procedures and phraseology as applied to aircraft operations under IFR; action to be taken in case of communication failure. (1) An applicant for an Instrument Rating shall have 20 hours or more of the instrument flight time required in regulation 85(1)(b) while receiving and logging dual instruction in aircraft from an authorized flight instructor in an aircraft or approved flight simulation training device, on the subjects listed in the regulation 83. (2) The instructor shall ensure that the applicant has operational experience in at least the following areas to the level of performance required for the holder of an instrument rating: (a) pre-flight procedures, including the use of the flight manual or equivalent document; and appropriate air traffic services documents in the preparation of an IFR flight plan; (b) pre-flight inspection, use of checklists, taxiing and pre-take-off (c) checks; procedures and manoeuvres for IFR operation under normal, abnormal and emergency conditions covering at least- (i) transition to instrument flight on take-off; (ii) standard instrument departures and arrivals; (iii) en-route IFR procedures; (iv) holding procedures; (v) instrument approaches to specified minima; (vi) missed approach procedures; and (vii) landings from instrument approaches; (d) in-flight manoeuvres and particular flight characteristics; or (e) if the privileges of the instrument rating are to be exercised on multi-engined aircraft, operation of multi-engine aircraft solely by reference to instruments with one engine inoperative or simulated inoperative Aeronautical experience and skill requirements 85. (1) An applicant for instrument rating shall have completed not less than- (a) 50 hours of cross-country flight time as pilot-in-command of aircraft in categories acceptable to the Authority, of which not 197 Official Gazette nº 21bis of 25/05/2015 (b) less than 10 hours shall be in the aircraft category sought; and 40 hours of instrument time in aircraft of which not more than 20 hours or 30 hours where a flight simulation training device is used may be instrument ground time under the supervision of an authorized instructor; (2) An applicant shall have demonstrated the ability to perform as pilot-in command of an aircraft of the category for which the instrument rating is being sought the procedures and manoeuvres described in regulation 84 with a degree of competency appropriate to the privileges granted to the holder of an Instrument rating and to: (a) recognize and manage threats and errors; (b) (c) (d) (e) (f) operate the aircraft for the category for which the instrument rating is being sought within its limitations; complete all manoeuvres with smoothness and accuracy; exercise good judgement and airmanship; apply aeronautical knowledge; and maintain control of the aircraft at all times in a manner such that the successful outcome of the procedures or manoeuvre is assured. Privileges limitations and 86. (3) An applicant shall have demonstrated the ability to operate a multi- engine aeroplane solely by reference to instruments with one engine inoperative, or simulated inoperative, if the privileges of the Instrument rating are to be exercised on such aeroplane. (1) A holder of an instrument rating with a specific aircraft category may pilot that category of aircraft in accordance with instrument flight rules (IFR). (2) To exercise the privileges on a multi-engined aircraft, the holder shall have demonstrated the ability to operate such an aircraft within the appropriate category by reference solely to instruments with one engine inoperative, or simulated inoperative. . Renewal requirements 87. An applicant for renewal of instrument rating shall pass a flight test either on an aircraft or an approved flight simulation training device of an aircraft type rating included in the pilot licence. Flight Instructor Rating Eligibility requirements 88. (1) The Authority having issued a pilot licence shall not permit the holder thereof to carry flight instruction required for the issue of a pilot licence or rating, unless such holder has received a flight instructor rating on the holder’s licence or the authority to act as an agent of an Approved Training Organization authorized by the Authority to carry out flight instruction. To be eligible for a flight instructor rating an applicant shall: (a) (b) hold either a Commercial Pilot Licence, an Airline Transport be at least eighteen years of age; (2) Pilot Licence or a Multi-crew Pilot Licence with— 198 Official Gazette nº 21bis of 25/05/2015 (c) (d) (e) (f) (g) (i) an aircraft category and class rating that is appropriate to the flight instructor rating sought; and (ii) instrument rating, if the person holds a Commercial Pilot Licence and is applying for a flight instructor rating with: an aeroplane category and multiengine class rating; and (aa) (bb) an instrument rating; have received a logbook endorsement from an authorized instructor on the fundamentals of instructing listed in regulation 89 appropriate to the required knowledge test; have passed a knowledge test on the areas listed in regulation 89; have received a logbook endorsement from an authorized instructor on the areas of operation listed in regulation 91, appropriate to the flight instructor rating sought; have passed the required practical test on the areas of operations listed in regulation 91, that is appropriate to the flight instructor rating sought in: (i) an aircraft that is representative of the category and class of aircraft for the aircraft rating sought; or (ii) an approved flight simulation training device that is representative of the category and class of aircraft for the rating sought, and used in accordance with an approved course at an approved training organization certificated under (Approved Training Organizations) Regulations. the Civil Aviation have accomplished the following for a flight instructor rating with an aircraft rating: (i) receive a logbook endorsement from an authorized instructor indicating that the applicant is competent and possesses instructional proficiency in stall awareness, spin entry, spins, and spin recovery procedures after receiving flight training in those training areas in an aircraft, as appropriate, that is certificated for spins; and (ii) demonstrate instructional proficiency in stall awareness, spin entry, spins, and spin recovery procedures; (h) have logged at least fifteen hours as pilot-in-command in the category and class of aircraft that is appropriate to the flight instructor rating sought; and (i) have complied with the appropriate sections that apply to the flight instructor rating sought. (3) For the purpose of the requirement of sub regulation (1)(g)(ii), the Authority may accept the endorsement specified in paragraph (g)(i) as satisfactory evidence of instructional proficiency in stall awareness, spin entry, spins, and spin recovery procedures for the practical test, provided that the practical test is not a retest as a result of the applicant failing the previous test for deficiencies in those knowledge or skill areas. 199 Official Gazette nº 21bis of 25/05/2015 (4) If the retest referred in sub-regulation (2) is the result of deficiencies in the ability of an applicant to demonstrate the requisite knowledge or skill, the applicant shall demonstrate the knowledge and skill to an examiner in an aircraft, as appropriate, that is certificated for spins. Aeronautical knowledge requirements 89. (1) The applicant shall have met the knowledge requirements for the issue of a commercial pilot licence as prescribed in regulation 43 as appropriate to the category of aircraft included in the licence. (2) In addition, to the requirements of sub-regulation (1) the applicant shall have demonstrated a level of knowledge appropriate to the privileges granted to the holder of a flight instructor rating, in at least the following areas: (a) (b) techniques of applied instruction; assessment of student performance in those subjects in which ground instruction is given; the learning process; elements of effective teaching; student evaluation and testing, training philosophies; training programme development; lesson planning; classroom instructional techniques; use of training aids, including flight simulation training devices as appropriate; analysis and correction of student errors; human performance relevant to flight instruction including principles of threat and error management; and hazards system in involved malfunctions in the aircraft. simulating failures and (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) Aeronautical experience 90. (1) An applicant for a flight instructor rating shall have met the experience requirements for the issue of a commercial pilot licence as prescribed in regulation 48 for each aircraft category, as appropriate.. (2) An applicant for a flight instructor rating shall have demonstrated, in the category and class of aircraft for which flight instructor privileges are sought, the ability to instruct in those areas in which flight instruction is to be given, including pre-flight, post-flight and ground instruction as appropriate. Instruction requirements 91. An applicant for a flight instructor rating shall, under the supervision of an authorized flight instructor: (a) (b) techniques have received instruction of not less than twenty hours in flight instructional including demonstration, student practices, recognition and correction of common student errors; and have practised flight manoeuvres and procedures in which it is intended to provide flight instruction. instructional techniques those in 200 Trainee’s records 92. A holder of a flight instructor rating shall: Official Gazette nº 21bis of 25/05/2015 (a) (b) sign the logbook or any other approved record keeping document of each person to whom that instructor has given flight training or ground training; maintain a record in a logbook or a separate document that contains the following: (i) the name of each person whose logbook that instructor has endorsed for solo flight privileges, and the date of the endorsement; and the name of each person that instructor has endorsed for a knowledge test or practical test and a record of the kind of test, the date, and the results; and (ii) (c) retain the records required by this regulation for three years from the date of giving the flight training or ground training. Additional category 93. An applicant for an additional category flight instructor rating shall meet the eligibility requirements listed in regulation 87 that apply to the flight instructor rating sought. Privileges 94. (1) A flight instructor shall have the following privileges: (a) (b) to supervise student pilots on solo flights; to carry out flight and ground instructions for the issue or renewal of: (i) a Private Pilot Licence; (ii) a Commercial Pilot Licence; (iii) a Multi-crew Pilot Licence ; (iv) an instrument rating; and (v) a flight instructor rating. (2) To exercise the privileges in sub-regulation (1) a flight Instructor shall: hold at least the licence and rating for which instruction is to be (a) given, in the appropriate aircraft category; holds the licence and rating necessary to act as the pilot-in- command of the aircraft on which the instruction is to be given; (b) (c) have the flight instructor privileges entered on the licence; and (d) in the case of Multi-crew Pilot Licence, shall have also met all the instructor qualification requirements. Limitations qualifications and 95. (1) A holder of a flight instructor rating shall observe the limitations and (2) qualifications specified in this regulation. In any twenty four consecutive-hour period, a flight instructor may not conduct more than eight hours of flight training. (3) A flight instructor shall not conduct flight training in any aircraft for which the flight instructor does not hold: (a) a valid pilot licence with the applicable category and class rating and flight instructor rating; if appropriate, a type-rating; for instrument flight training or for training for a type rating not (b) (c) 201 Official Gazette nº 21bis of 25/05/2015 limited to visual flight rules (VFR), an appropriate instrument rating on his pilot licence and flight instructor rating. (4) A flight instructor shall not endorse: (a) a student pilot’s logbook for solo flight privileges, unless that flight instructor has: (i) given that student the flight training required for solo flight privileges required under these regulations; (ii) determined that the student is prepared to conduct the flight safely under known circumstances, subject to any limitations listed in the student’s logbook that the instructor considers necessary for the safety of the flight; (iii) given the student pilot training in the make and model of aircraft or a similar make and model of aircraft in which the solo flight is to be flown; and (iv) endorsed the student pilot’s logbook for the specific make and model aircraft to be flown; (b) (c) (d) a student pilot’s logbook for a solo cross-country flight, unless the flight instructor has determined that: (i) the student’s flight preparation, planning, equipment, and proposed procedures are adequate for the proposed flight under the existing conditions and within any limitations instructor considers that logbook listed in necessary for the safety of the flight; and the the (ii) the student has the appropriate solo cross-country endorsement for the make and model of aircraft to be flown; a logbook of a pilot for a flight check-out, unless that instructor has conducted a review of that pilot in accordance with the requirements of regulation 27; and a logbook of a pilot for an instrument proficiency check, unless that instructor has tested that pilot in accordance with the requirements of Civil Aviation (Operation of Aircraft) Regulations. (5) A flight instructor shall not give training required for the issue of a licence or rating in a multi-engined aircraft unless that flight instructor has at least five flight hours of pilot-in-command time in the specific make and model of multi-engined aircraft, as appropriate. (6) A flight instructor shall not provide instruction to a pilot to qualify for a flight instructor rating unless that flight instructor: (a) holds an appropriate valid flight instructor rating and has exercised the privileges of that rating within the last twenty four months; (b) has given two hundred hours of flight training as a flight instructor in the relevant aircraft category; and (c) in the case of a Glider Pilot Licence, or glider rating, has given at least eighty hours of flight training as a flight instructor in gliders. 202 Renewal requirements of Renewal expired instructor rating an flight Official Gazette nº 21bis of 25/05/2015 96. A flight instructor rating may be renewed if the applicant: (a) (b) renewal of the flight instructor rating; or passes a practical test for:- (i) (ii) an additional flight instructor privileges; or presents to the Authority:- (i) a record of training students that shows that within twelve months preceding the date of application for renewal of the rating, the flight instructor has endorsed at least five students for a practical test for a licence or rating, and at least eighty percent of those students passed that test on the first attempt; or (ii) a record that shows that within the preceding twelve months, the flight instructor has performed as a flight instructor or company check pilot and has logged not less than 20 instructional hours. (iii) a certificate showing that the applicant has successfully completed an approved flight instructor refresher course consisting of ground training or flight training, or both, within the ninety days preceding the date of the expiry of the flight instructor rating. 97. A holder of an expired flight instructor rating shall pass a flight instructor’s practical test in order to renew the expired flight instructor rating. Flight Examiner Authorization Flight requirements examiner 98. (1) A flight examiner shall hold: (a) a licence and rating for which he is authorized to conduct skill tests or proficiency checks; and (b) appropriate flight instructor ratings for skill tests. (2) To qualify for a flight examiner’s authorization, a pilot shall have logged 1000 hours of flight time and 200 hours providing flight instruction. (3) The ground, flight and synthetic flight training for examiner shall include the subjects listed in regulation 89. (4) To qualify for a flight examiner’s authorization, a pilot shall have conducted at least one skill test under the observation by the Authority, in the role of an examiner for which authorization is sought, including briefing, conduct of the skill test, assessment of the applicant to whom the skill test is given, debriefing and recording or documentation. (5) Subject to compliance with the requirements specified in these regulations, the privileges of the examiner’s authorization are to conduct skill tests and proficiency checks for a licence and ratings. examiner Flight training requirements 99. (1) The ground training for examiners shall include: examiner duties, functions and responsibilities; applicable regulations and procedures; (a) (b) (c) appropriate methods, procedures and techniques for conducting the 203 Official Gazette nº 21bis of 25/05/2015 required tests and checks; (d) proper evaluation of student performance including the detection of: (i) improper and insufficient training; and (ii) personal characteristics of an applicant that could adversely affect safety; (e) (f) appropriate corrective action in the case of unsatisfactory tests and checks; and approved methods, procedures and limitations for performing the required normal, abnormal and emergency procedures in the aircraft. (2) The flight training shall include: (a) training and practice in conducting flight evaluation from the left and right pilot seats for pilot examiners in the required normal, abnormal and emergency procedures to ensure competence to conduct the flight tests and checks; (b) (c) the potential results of improper, untimely or non-execution of safety measures during an evaluation; and the safety measures to be taken from either pilot seat for pilot check examiners for emergency situations that are likely to develop during an evaluation. (3) The flight training for examiners in flight simulation training device shall include: (a) training and practice in conducting flight checks in the required normal, abnormal and emergency procedures to ensure competence to conduct the evaluations tests and checks required under these regulations; and (b) training in the operation of flight simulation training device to ensure these the evaluations required under to conduct competence regulations. PART VIII – LICENCES FOR FLIGHT CREW MEMBERS OTHER THAN LICENCES FOR PILOTS Flight Engineer Licence Licences ratings required and 100. A person shall not act as a flight engineer of an aircraft registered in Rwanda unless that person holds a flight engineer licence with appropriate ratings. General eligibility requirements 101. An applicant for a flight engineer licence shall: (a) be at least eighteen years of age; (b) demonstrate the ability to read, speak, write and understand the English language in accordance with the language proficiency requirements contained in the Second Schedule to these regulations; (c) comply with the requirements of these regulations that apply to (d) the rating sought; and possess a valid Class 2 Medical Certificate issued under these regulations. Additional aircraft 102. An applicant for an additional aircraft class, category or type rating flight 204 ratings engineer licence, shall: Official Gazette nº 21bis of 25/05/2015 (a) (b) pass the knowledge test and practical test that is appropriate to the class category or type of aircraft for which an additional rating is sought; and satisfactorily complete an approved flight engineer training program that is appropriate to the additional class rating sought. Knowledge requirements 103. 1 (1) An applicant for a flight engineer licence shall have demonstrated a level of knowledge appropriate to the privileges granted to the holder of a flight engineer licence, in at least the following subjects: (a) air law: rules and regulations relevant to the holder of a flight engineer licence, rules and regulations governing the operation of civil aircraft pertinent to the duties of a flight engineer; (b) aircraft general knowledge: (i) basic principles of powerplants, gas turbines and/or piston engines, characteristics of fuels, fuel systems including fuel control, systems, afterburners and injection systems, function and operation of engine ignition and starter systems; lubricants and lubrication (ii) principles of operation, handling procedures and operating limitations of aircraft powerplants, effects of atmospheric conditions on engine performance; (iii) airframes, flight controls, structures, wheel assemblies, brakes and anti-skid units, corrosion and fatigue life, identification of structural damage and defects; ice and rain protection systems; (iv) (v) pressurization and air-conditioning systems, oxygen systems; (vi) hydraulic and pneumatic systems; (vii) basic electrical theory, electric systems (AC and DC), aircraft wiring systems, bonding and screening; (viii) principles of operation of instruments, compasses, autopilots, radio communication equipment, radio and radar navigation aids, flight management systems, displays and avionics; (ix) limitations of appropriate aircraft; (x) fire protection, detection, suppression and extinguishing systems; and (xi) use and serviceability checks of equipment and systems of appropriate aircraft; (c) flight performance, planning and loading: (i) effects of loading and mass distribution on aircraft handling, flight characteristics and performance, mass and balance calculations; and (ii) use and practical application of performance data 205 Aeronautical experience requirements 104. Official Gazette nº 21bis of 25/05/2015 including procedures for cruise control; (d) human performance: human performance relevant to the flight engineer including principles of threat and error management; (e) operational procedures: (i) principles of maintenance, procedures for the maintenance of airworthiness, defect reporting, pre-flight inspections, precautionary procedures for fuelling and use of external power, installed equipment and cabin systems; (ii) normal, abnormal and emergency procedures; and (iii) operational procedures for carriage of freight and dangerous goods; (f) (g) principles of flight: fundamentals of aerodynamics; and radiotelephony: communication procedures and phraseology; (h) fundamentals of navigation: principles and operation of self-contained systems; and (i) operational aspects of meteorology. (2) The validity of the knowledge test results for an applicant for a flight engineer licence shall be eighteen months after passing the examination. 1 (1) An applicant for a flight engineer licence shall obtain and log the flight time used to satisfy the aeronautical experience requirements of sub- regulation (2) on an aeroplane on which a flight engineer is required by these regulations. (2) An applicant for a flight engineer licence with a type rating shall present, for the type rating sought, satisfactory evidence of one of the following, including the practical experience with the aircraft described in sub-regulation (1): (a) not less than 100 hours of flight time as a flight engineer under the supervision of a person accepted by the Authority, the applicant being entitled to be credited for flight time as a flight engineer in a flight simulator to a maximum of 50 hours; or (c) (b) at least a Commercial Pilot Licence with an instrument rating and at least 5 hours of flight training in the duties of a flight engineer; or at least 200 hours of flight time in a transport category aeroplane as pilot-in-command or a co-pilot performing the functions of a pilot-in-command under the supervision of a pilot-in-command and at least 5 hours of flight training in the duties of a flight engineer; or (d) within the ninety-day period before the application, successful completion of an approved flight engineer ground and flight course of instruction. (3) An applicant for a flight engineer licence shall have operational experience in the performance of the duties of a flight engineer, under the supervision of a flight engineer accepted by the Authority for that purpose, in at least the following areas: (a) normal procedures: 206 Skill requirements 105. Official Gazette nº 21bis of 25/05/2015 (i) pre-flight inspections; (ii) fuelling procedures, fuel management; (iii) inspection of maintenance documents; (iv) normal flight deck procedures during all phases of flight; (v) crew coordination and procedures in case of crew incapacitation; (vi) defect reporting; (b) abnormal and alternate (standby) procedures: (i) recognition of abnormal functioning of aircraft systems; (ii) use of abnormal and alternate (standby) procedures; (c) emergency procedures: (i) recognition of emergency conditions; (ii) use of appropriate emergency procedures. (1) An applicant for a flight engineer licence shall have demonstrated the ability to perform as flight engineer of an aircraft the duties and procedures described in regulation 103(1) with a degree of competency appropriate to the privileges granted to the holder of a flight engineer licence, and to: (a) recognize and manage threats and errors; (b) use aircraft systems within the aircraft’s capabilities and limitations; (c) exercise good judgement and airmanship; (d) apply aeronautical knowledge; (e) perform all duties as part of an integrated crew with the successful outcome assured; and (f) communicate effectively with the other flight crew members. (2) An applicant for a flight engineer licence with a type rating shall: (c) (b) in pre-flight (a) pass a practical test on the duties of a flight engineer in the type of aircraft for which a rating is sought or an approved flight simulation training device replicating such an aircraft.; show satisfactorily performance servicing, starting, pre-takeoff and post-landing procedures; while in-flight, show satisfactorily performance of the normal duties and procedures relating to the aeroplane, aeroplane engines, propellers, if appropriate, systems and appliances; and while in-flight, in a flight simulation training device or in an approved training device, show satisfactorily performance on emergency duties and procedures and recognise and take appropriate action for malfunctions of the aeroplane, engines, propellers, if appropriate, systems and appliances. inspection, (d) Privileges 106. A holder of a flight engineer licence may: (a) (b) (c) act as flight engineer of any type of aircraft on which the holder is rated; be authorized to act as a flight engineer instructor for issue or renewal of flight engineer licences or ratings; and the privileges of exercise all the holder of a flight 207 Official Gazette nº 21bis of 25/05/2015 radiotelephone operator licence as stipulated in regulation 117 Renewal Requirements 107. A holder of a Flight Engineer Licence may apply for renewal of the licence if the holder has logged not less than six hours as Flight Engineer within the six months preceding the date of application for renewal. Flight Navigator Licence Licences ratings required and 108. A person shall not act as a flight navigtator of an aircraft registered in Rwanda unless that person holds a flight navigator licence with appropriate ratings. General eligibility requirements 109. An applicant for a flight navigator licence shall: (a) be at least eighteen years of age; (b) demonstrate the ability to read, speak, write and understand the English language in accordance with the language proficiency requirements contained in the Second Schedule to these regulations; (c) comply with the requirements of these regulations that apply to (d) the rating sought; and possess a valid Class 2 Medical Certificate issued under these regulations. Knowledge requirements 110. (1) An applicant for a flight navigator licence shall have demonstrated a level of knowledge appropriate to the privileges granted to the holder of a flight navigator licence, in at least the following subjects: (a) air law: rules and regulations relevant to the holder of a flight navigator licence, appropriate air traffic services practices and procedures; (b) flight performance, planning and holding: (i) effects of loading and mass distribution on aircraft performance; (ii) use of take-off, landing and other performance data including procedures for cruise control; (iii) pre-flight and en-route operational flight planning; preparation and filing of air traffic services flight plans; appropriate air traffic services procedures; altimeter setting procedures; (c) human performance: human performance relevant to the flight navigator including principles of threat and error management; (d) navigation (i) dead-reckoning, pressure-pattern and celestial navigation procedures; the use of aeronautical charts, radio navigation aids and area navigation systems; specific navigation requirements for long-range flights; (ii) use, limitation and serviceability of avionics and instrument necessary for the navigation of the aircraft; (iii) use, accurace and reliability of navigation systems used in departure, en-route and approach phases of flight; identification 208 Official Gazette nº 21bis of 25/05/2015 of radio navigations aids; (iv) principles, characteristics and use of self-contained and external- referenced navigation systems; operation of airborne equipment; (v) the celestial sphere including the movement of heavenly bodies and their selection and identification for the purpose of observation and reduction sights; calibration of sextants; the completion of navigation documentation; (vi) definitions, units and formulae used in air navigation; interpretation and use of aeronautical operational procedures: documentation such as AIP, NOTAM, aeronautical codes, abbreviations, and instrument procedure charts for departure, en- route, descent and approach; principles of flight; and radiotelephony: communication procedures and phraseology; (e) (f) (g) (2) The validity of the knowledge test results for an applicant for a flight navigator licence shall be eighteen months after passing the examination. Aeronautical experience requirements 111. (1) An applicant for a flight navigator licence shall obtain and log the flight 1 time in the performance of the duties of a flight navigator, (a) not less than two hundred hours of flight time acceptable by the Authority; or (c) (b) at least a Commercial Pilot Licence with an instrument rating and at least five hours of flight training in the duties of a flight navigator; or at least two hundred hours of flight time in a transport category aeroplane as pilot-in-command or a co-pilot performing the functions of a pilot-in-command under the supervision of a pilot-in-command and at least five hours of flight training in the duties of a flight navigator; or (2) An applicant for a flight navigator licence shall produce evidence of having satisfactorily determined the aircraft’s position in flight, and used that information to navigate the aircraft, as follows: (a) by night – not less than 25 times by celestial observations; and (b) by day – not less than 25 times by celestial observations in external-referenced self-contained of conjunction with navigation systems; Skill requirements 112. 1 (1) An applicant for a flight navigation licence shall have demonstrated the ability to perform as flight navigator of an aircraft with a degree of competency appropriate to the privileges granted to the holder of a flight navigator licence, and to: (a) recognize and manage threats and errors; (b) exercise good judgement and airmanship; (c) apply aeronautical knowledge; (e) perform all duties as part of an integrated crew with the successful outcome assured; and (f) communicate effectively with the other flight crew members. 209 Privileges 113. A holder of a flight navigator licence may: Official Gazette nº 21bis of 25/05/2015 (a) (b) act as flight navigator of any aircraft; exercise all the holder of a flight radiotelephony operator licence as stipulated in regulation 117. the privileges of Renewal Requirements 114. 1 A holder of a Flight Navigator Licence may apply for renewal of the licence if the holder has logged not less than six hours as flight Navigator within the six months preceding the date of application for renewal. Flight Radiotelephony Operator Licence General eligibility requirements 115. (1) Except for a holder of a pilot licence, a person required to use radiotelephone apparatus aboard an aircraft shall hold a flight radiotelephony operator licence. (2) An applicant for a flight radiotelephony operator licence shall: (a) (b) (c) (d) language in accordance with be at least seventeen years of age; demonstrate the ability to read, speak, write and understand language the English proficiency requirements contained in the Second Schedule to these regulations; comply with the knowledge and skill requirements, for flight radiotelephony operator as contained in regulation 117; and demonstrate a level of knowledge appropriate to the privileges granted to a holder of a flight radiotelephone operator licence. the Skill knowledge requirements and 116. (1) An applicant for a flight radiotelephony operator licence shall pass a practical and knowledge test covering the following areas: (a) (b) (c) (d) (e) (f) the ICAO spelling alphabet; departure and position reporting; obtaining meteorological information; transmission and procedures of distress and urgency signals; communication techniques and procedures; the necessity for brevity in radiotelephony communication and priorities; pre-flight briefing; classification of directional finding bearings; radiotelephony facilities and frequencies available in the Flight Information Region (FIR); elementary knowledge of the relationship between wavelength and frequency; radiotelephony procedures and phraseology; and ability to use the radio equipment of the type installed in the aircraft and including the ability to carry out emergency procedures. (g) (h) (i) (j) (k) (l) (2) The knowledge test results for a radio telephony operator licence shall be valid for six months after passing the examination. 210 Privileges Renewal requirements Official Gazette nº 21bis of 25/05/2015 117. A holder of a flight radiotelephony operator licence shall have the privilege to use the radiotelephone on board an aircraft. 118. A holder of a flight radiotelephony operator licence may apply for renewal of the licence if the holder has exercised the privileges of the licence in the six months preceding the date of application. PART IX – LICENCES, CERTIFICATES, RATINGS AND AUTHORIZATIONS FOR PERSONNEL OTHER THAN FLIGHT CREW MEMBERS General rules 119. An applicant shall, before being issued with any licence or rating for personnel other than flight crew members, meet such requirements in respect of age, knowledge, experience and, where appropriate, medical fitness and skill, as are specified for the licence or rating. Renewal requirements 120. An applicant, for any licence or rating, for personnel other than flight crew members, shall demonstrate, in a manner determined by the Authority, such requirements in respect of knowledge and skill as re specified for that licence or rating. Air Traffic Controller Licence Required and ratings qualifications licences or 121. (1) Air traffic services providers shall ensure that student air traffic controllers do not constitute a hazard to air navigation. (2) A student air traffic controller shall not be permitted to receive instruction in an operational environment unless that student air traffic controller holds a current Class 3 Medical Assessment. (3) A person shall not act as an air traffic controller unless that person holds an air traffic controller licence issued under these regulations. (4) A licence to act as an air traffic controller shall include: (a) (b) one or more ratings as specified in regulation 4(8) specifying the type of air traffic control service which the holder of the licence is competent to provide; and a list of the places at which, and the type of radar equipment, if any, with the aid of which the licence holder may provide the service; (5) Where during a continuous period of six months the holder of an air traffic controller licence has not at any time provided at a particular place the type of air traffic control service specified in the rating, the rating shall cease to be valid for that place at the end of the six months period. (6) Upon a rating ceasing to be valid as specified for a place, in sub- regulation (3) the holder of the air traffic controller licence shall forthwith inform the Authority to that effect and shall forward the licence to the Authority to enable the licence to be endorsed accordingly. General eligibility 122. An applicant for an air traffic controller licence shall: 211 requirements Official Gazette nº 21bis of 25/05/2015 (a) (b) (c) be at least 21 years of age; demonstrate the ability to read, speak, write and understand the English language in accordance with the language proficiency requirements contained in the Second Schedule to these regulations without impediment of speech that would interfere with two way radio conversation; and comply with the knowledge requirements of regulations 123 and 124. Knowledge requirements for issue of air traffic controller licence 123. (1) An applicant for an air traffic controller licence shall have received and passed an approved training in air traffic control conducted at an approved training organization in at least the following subjects,: (a) air law - rules and regulations relevant to the air traffic controller; (b) air traffic control equipment - principles, use and limitations of equipment used in air traffic control; (c) general knowledge - principles of flight; principles of operation and aircraft aircraft, powerplants functioning of performances relevant to air traffic control operations; systems; and (d) human performance - human performance relevant to air traffic control; (e) (f) (h) (i) language - the language or languages nationally designated for use in air traffic control and ability to speak such language or languages without accent or impediment which would adversely affect radio communication; meteorology - aeronautical meteorology; use and appreciation of meteorological documentation and characteristics of weather phenomena affecting flight operations and safety; altimetry; information; origin and navigation - principles of air navigation; principle, limitation and accuracy of navigation systems and visual aids; and - air operational procedures traffic control, communication, radiotelephony and phraseology procedures (routine, non routine and emergency); use of the relevant aeronautical documentation; safety practices associated with flight. Knowledge requirements air controller ratings for traffic 124. (2) The applicant shall have undergone the actual control of air traffic under the supervision of an appropriately rated air traffic controller and acquired experience for the rating sought as specified in regulation 124. (3) The applicant shall hold a current Class 3 Medical Certificate. (4) The validity of the knowledge test results for an applicant for a air traffic controller licence shall be eighteen months after passing the test. (1) An applicant for air traffic controller rating shall have demonstrated a level of knowledge appropriate to the privileges granted, in at least the following subjects in so far as they affect the area of responsibility and not less than three months of satisfactory service engaged in the actual control of air traffic under the supervision of an appropriately rated air traffic controller: (a) aerodrome control rating: (i) aerodrome layout, physical characteristics and visual aids; 212 Official Gazette nº 21bis of 25/05/2015 airspace structure; (ii) airspace structure; (iii) applicable rules, procedures and source of information; (iv) air navigation facilities; (v) air traffic control equipment and its use; terrain and prominent landmarks; (vi) (vii) characteristics of air traffic; (viii) weather phenomena; and (ix) emergency and search and rescue plans; approach control and area control ratings: (i) (ii) applicable rules, procedures and source of information; (iii) air navigation facilities; (iv) air traffic control equipment and its use; (v) terrain and prominent landmarks; (vi) characteristics of air traffic and traffic flow; (vii) weather phenomena; and (vii) emergency and search and rescue plans; and approach radar, approach precision radar and area radar control ratings: an applicant shall meet the requirements specified in paragraph (b) in so far as they affect the area of responsibility, and shall have demonstrated a level of knowledge appropriate to the privileges granted, in at least the following additional subjects: (i) principles, use and limitations of radar, other surveillance systems and associated equipment; and (b) (c) (ii) procedures for the provision of approach, precision approach or area radar control services, as appropriate, including procedures terrain clearance; to ensure appropriate (2) The validity of the knowledge test results for an applicant for an air traffic controller rating shall be twelve months after passing the test. (3) An applicant for air traffic controller rating shall undergo the actual control of air traffic under the supervision of an appropriately rated air traffic controller and acquire experience for the rating sought as follows: (a) (b) (c) aerodrome control rating: an aerodrome control service, for a period of not less than 90 hours or one month, whichever is greater, at the unit for which the rating is sought; approach, approach radar, area or area control rating: the control service for which the rating is sought, for a period of not less than 180 hours or three months, whichever is greater, at the unit for which the rating is sought; approach precision radar control rating: not less than 200 precision approaches of which not more than 100 shall have been carried out on a radar simulator approved for that purpose by the Authority, not less than 50 of those precision approaches shall have been carried out at the unit and on the equipment for which the rating is sought; 213 Official Gazette nº 21bis of 25/05/2015 provided that: (i) the experience specified in this sub-regulation may be credited as part of the three month experience specified in sub-regulation (1); (ii) the experience specified in this sub-regulation shall have been completed within the 6-month period immediately preceding application; (iv) (iii) where the applicant already holds an air traffic controller rating in another category, or the same rating for another unit, the the Authority shall determine whether experience requirement can be reduced, and if so, to what extent; and if the privileges of the approach radar control rating include the experience shall include not less than 25 plan position indicator approaches on the surveillance equipment of the type in use at the unit for which the rating is sought and under the supervision of an appropriately rated approach radar controller. radar approach duties, surveillance Skill requirements 125. (4) When two air traffic controller ratings are sought concurrently, the Authority shall determine the applicable requirements on the basis of the requirements for each rating; these requirements shall not be less than those of the more demanding rating. 1 (1) An applicant for air traffic controller rating shall have demonstrated, at a level appropriate to the privileges being granted, the skill, judgement and performance required to provide a safe, orderly and expeditious control services, including the recognition and management of threats and errors. (2) An applicant for a unit rating at an air traffic control unit shall be required to pass a practical test on each area listed in regulation 124 that is applicable to each operating position at the control unit at which the rating is sought. Privileges limitations and 126. (1) (2) Subject to sub-regulation (2) a holder of an air traffic controller licence which includes ratings of two or more of the classes specified in sub- regulation (2) shall not at any one time perform the function specified in respect of more than one of these ratings. The functions of any one of the following groups of ratings may be exercised at the same time – (a) (b) the aerodrome control rating and the approach control rating; approach control rating and the approach radar control rating; except that the functions of the approach radar control rating shall not be exercised at the same time as the functions of the approach radar control rating if the service being provided under the approach radar control is a surveillance radar approach terminating at a point less than two nautical miles from the point of intersection of the glide path with the runway, 214 Official Gazette nº 21bis of 25/05/2015 (c) (d) the two functions shall not be exercised at the same time; the area control rating and the area radar control rating; or by an aerodrome control tower or area control centre when it is necessary or desirable to combine under the responsibility of one unit of the functions of the approach control service with those of the aerodrome control service or area control service. Privileges of air controller traffic ratings 127. (1) The privileges of the holder of an air traffic controller licence endorsed with one or more of the under mentioned ratings shall be: (a) (b) (c) (d) (e) (f) aerodrome control rating: to provide or to supervise the provision of aerodrome control service for the aerodrome for which the licence holder is rated; approach control rating: to provide or to supervise the provision of approach control service for the aerodrome or aerodromes for which the licence holder is rated, within the airspace or portion of the airspace, under the jurisdiction of the unit providing approach control service; approach radar control rating: to provide and/or supervise the provision of approach control service with the use of radar or other surveillance systems for the aerodrome or aerodromes for which the licence holder is rated, within the airspace or portion thereof, under the jurisdiction of the unit providing approach control service; and in case the holder complies with the rating the privileges shall include the provision of surveillance radar approaches; approach precision radar control rating: to provide and/or supervise the provision of precision approach radar service at the aerodrome for which the licence holder is rated; area control rating: to provide and/or supervise the provision of area control service within the control area or portion thereof, for which the licence holder is rated; area radar control rating: to provide and/or supervise the provision of area control service with the use of radar, within the control area or portion thereof , for which the licence holder is rated. (2) (3) Before exercising the privileges indicated in sub-regulation (1), the air traffic controller licence holder shall be familiar with all pertinent and current information. The holder of an air traffic controller Licence shall not provide instruction in an operational environment except as authorized in writing by the Authority. of air controller Validity traffic ratings 128. An air traffic controller rating becomes invalid when an air traffic controller has ceased to exercise the privileges of the rating for a period of six months and shall remain invalid until the controller’s ability to exercise the privileges of the rating has been re-established. 215 Official Gazette nº 21bis of 25/05/2015 Maximum working hours 129. (1) Except in an emergency, a Licenced air traffic controller shall not perform any duties for twenty four consecutive hours during each seven consecutive days. Responsibilities over fatigue 130. Prohibition unlicenced traffic controllers of air 131. (a) (b) (2) An air traffic controller may not serve or be required to serve – for more than ten consecutive hours; or for more than ten hours during a period of twenty four consecutive hours, unless the air traffic controller has had a rest period of at least eight hours at or before the end of the ten hours of duty. A person holding an air traffic controller licence shall not act as an air traffic controller nor shall an employer allow a Licenced controller, if the controller or the employer knows or suspects that the controller is suffering from or, having regard to the circumstances of the period of duty to be undertaken, is likely to suffer from, such fatigue as may endanger the safety of any aircraft to which an air traffic control service may be provided. (1) An air traffic controller shall not provide any type of air traffic service at any aerodrome at which air traffic control service is required to be provided under the Civil Aviation (Rules of the Air and Air Traffic Control) Regulations or at any other place, not being an aerodrome, at which air traffic control service is provided, whether or not under the direction of the Authority, unless he does so in accordance with the terms of: (a) (b) (c) a valid air traffic controller licence so granted authorising air traffic controller to provide that type of service at that aerodrome or other places; a valid air traffic controller licence so granted which does not authorise air traffic controller to provide that type of service at the aerodrome or other place, but he is supervised by a person who is present at the time and who is the holder of a valid air traffic controller licence so granted which authorises him to provide at that aerodrome or other place the type of air traffic control service which is being provided; or the air traffic controller’s appointment as an air traffic controller trainee and he is supervised by a person who is present at the time and who is the holder of a valid air traffic controller's licence so granted which authorises him to provide that type of service at any aerodrome or at a place at which air traffic control service is provided: provided that the air traffic controller licence shall not be required by any person who acts in the course of his duty as a member of the Rwanda military or a visiting force. (2) A holder of an air traffic controller licence shall not perform any of the functions specified in regulation 127 in respect of a rating at any of the places referred to in sub-regulation (1) unless: (a) his licence includes that rating and the rating is valid for the place at which, and the type of radar equipment, if any, with the 216 Official Gazette nº 21bis of 25/05/2015 (b) aid of which functions are performed; or he is supervised by a person who is present at the time and who is the holder of a valid air traffic controller’s licence granted under these regulations which authorises him to provide at that aerodrome or other place the type of air traffic control service which is being provided. (3) Nothing in this regulation shall prohibit a holder of a valid air traffic controller licence from providing at any place for which the licence includes a valid rating, information to aircraft in flight in the interests of safety. Renewal requirements 132. An air traffic controller licence may be renewed if the holder demonstrates, at a level appropriate to the privileges being renewed, the skill, judgement and performance required to provide a safe, orderly and expeditious control service within the six months preceding the date of application for renewal. Ground Instructor Licence Eligibility requirements 133. (1) An applicant for a ground instructor licence shall: (a) be at least eighteen years of age; (b) the learning process; demonstrate the ability to read, speak, write, and understand the English language in accordance with the language proficiency requirements contained in the Second Schedule to these regulations; pass a knowledge test on the fundamentals of instructing including: (i) (ii) elements of effective teaching; (iii) student evaluation and testing; (iv) course development; (v) lesson planning; (vi) classroom training techniques; (vii) techniques of applied instructions; (viii) use of training aids; (ix) analysis and correction of student errors; and (x) human performance relevant to ground instruction; pass a knowledge test on the aeronautical knowledge areas specified in regulations 40, 46 and 57. (c) (d) (2) A ground instructor licence shall be issued with either one of the basic ; advanced; instrument. following ratings: (a) (b) (c) The knowledge test specified in sub-regulation (1)(c) is not required if the applicant holds a flight instructor rating issued under these regulations. (3) (4) The knowledge test results for a ground instructor licence shall be valid for eighteen months after passing the examination. 217 Official Gazette nº 21bis of 25/05/2015 Privileges 134. (1) A holder of a ground instructor licence may exercise the privileges appropriate to the rating as follows: (a) for a holder of a basic ground instructor rating: (i) ground training in the aeronautical knowledge areas required for the issue of a private pilot licence or associated ratings; (ii) ground training required for a private pilot flight check- out; and (iii) a recommendation for a knowledge test required for the issuance of a private pilot licence ; (b) for a holder of an advanced ground instructor rating: (i) ground training in the aeronautical knowledge areas required for the issue of any pilot licence or rating; (ii) ground training required for any flight check out; and (iii) a recommendation for a knowledge test required for the issue of any licence; (c) for a holder of an instrument ground instructor rating: (i) ground training in the aeronautical knowledge areas required for the issue of an instrument rating; (ii) ground training required for an instrument proficiency check; and (iii) a recommendation for a knowledge test required for the issue of an instrument rating. (2) A person who holds a ground instructor licence shall be authorized, within the limitations of the ratings on the ground instructor licence, to endorse the logbook or other training record of a person to whom the holder has provided the training or recommendation specified in sub- regulation (1). Requirements for ratings 135. An applicant for a ground instructor licence is required to hold or have held a Commercial Pilot Licence or Airline Transport Pilot Licence or Multi-crew Pilot Licence as appropriate or pass the following: instructor rating: (a) basic ground aeronautical knowledge requirements for Commercial Pilot Licence as prescribed in 42. advanced ground instructor rating: aeronautical knowledge requirements for Airline Transport Pilot Licence as prescribed in regulation 57, or the requirements for Multi-crew Pilot Licence, as prescribed in regulation 52; (b) (c) instrument ground instructor rating: (i) meet the requirements of either (a) or (b) and in addition requirements as rating knowledge instrument the prescribed in regulation 83; and be a holder of a valid instrument rating. (ii) Renewal Requirements 136. 1 A holder of a ground instructor licence shall not perform the duties of a ground instructor unless within the twelve preceding months the person has served for 218 Official Gazette nº 21bis of 25/05/2015 three months as a ground instructor. Flight Operations Officer Licence General eligibility requirements 137. An applicant for a flight operations officer licence shall— (a) (b) (c) be at least twenty one years of age; demonstrate the ability to read, speak, write, and understand the English language in accordance with the language proficiency requirements contained in the Second Schedule to these regulations; and comply with the knowledge requirements, experience or training flight requirements operations officer as contained in these regulations. requirements and skill for Knowledge requirements 138. (1) An applicant for a flight operations officer licence shall have demonstrated a level of knowledge appropriate to the privileges granted to the holder of a flight operations officer licence, in at least the following subjects: (a) air law: rules and regulations relevant to the holder of a flight operations officer licence and appropriate air traffic services practices and procedures; aircraft general knowledge: (i) principles of operation of aeroplane powerplants, systems and instruments; operating limitations of aeroplanes and powerplants; and (ii) (iii) minimum equipment list; flight performance calculation, planning procedures and loading: (i) effects of loading and mass distribution on aircraft performance and flight characteristics; mass and balance calculations; operational fuel consumption and selection endurance procedures, en-route cruise control and extended range operation; preparation and filing of air traffic services flight plans; and basic principles of computer-assisted planning systems; (iv) human performance: human performance relevant to dispatch duties including principles of threat and error management; flight planning, calculations, alternate airport (iii) (ii) (b) (c) (d) (e) meteorology: (i) aeronautical meteorology, the movement of pressure systems, the structure of fronts, and the origin and characteristics of significant weather phenomena which affect take-off, en-route and landing conditions; and interpretation aeronautical meteorological reports, charts and forecasts, codes and abbreviations, use of, and procedures for obtaining, and application and (ii) of 219 Official Gazette nº 21bis of 25/05/2015 meteorological information; (f) (g) navigation: principles of air navigation with particular reference to instrument flight; operational procedures: (i) use of aeronautical documentation; (ii) operational procedures for the carriage of freight and dangerous goods; (iii) procedures relating to aircraft accidents and incidents and (iv) procedures emergency flight procedures; and relating sabotage of aircraft; to unlawful interference and (h) (i) principles of flight: principles of flight relating to the appropriate category of aircraft; and radio communication: procedures for communicating with aircraft and relevant ground stations. (2) The knowledge test results for a flight operations officer licence shall be valid for eighteen months after passing the examination. or 139. (1) Experience training requirements An applicant for a flight operations officer licence shall present documentary evidence satisfactory to the Authority that the applicant has the experience or training as follows: (a) a total of two years of service in any one or in any combination of the capacities specified in sub-paragraphs (i), (ii), (iii) inclusive, provided that in any combination of experience the period serviced in any capacity shall be at least one year: (i) a flight crew member in air transportation; or (ii) a meteorologist in an organization dispatching aircraft in air transportation; or (iii) an air traffic controller or technical supervisor of flight operations officers or air transportation flight operations systems; or (b) (c) at least one year as an assistant in the dispatching of aircraft used in air transport; or has satisfactorily completed an approved course training. (2) An applicant shall have served under the supervision of a flight operations officer for at least ninety days within the six months immediately preceding the application. Skill requirements 140. An applicant for a flight operations officer licence shall demonstrate the ability to: (a) (b) (c) (d) make an accurate and operationally acceptable weather analysis from a series of daily weather maps and weather reports; provide an operationally valid briefing on weather conditions prevailing in the general neighbourhood of a specific air route; forecast weather trends pertinent to air transportation with particular reference to destination and alternates; determine the optimum flight path for a given segment and create accurate manual and/or computer generated flight plans; 220 Privileges 141. Official Gazette nº 21bis of 25/05/2015 (e) (f) provide operating supervision and all other assistance to a flight in actual or simulated adverse weather conditions, as appropriate to the duties of the holder of a flight operations officer licence; and recognize and manage threats and errors. Subject to compliance with the requirements set forth in these regulations, the privileges of a holder of a flight operations officer licence shall be to serve in that capacity with responsibility for each area for which the applicant meets the requirements specified in the Civil Aviation (Operation of Aircraft) Regulations. Renewal requirements 142. A flight operations officer licence may be renewed if the holder has performed his duties in the six months preceding the date of application for renewal exercising the privileges of the licence. Aircraft Maintenance Engineer General eligibility requirements 143. (1) An applicant for a grant of an Aircraft Maintenance Engineer licence Aeronautical knowledge and skill requirements 144. shall: (a) (b) (c) (d) be at least eighteen years of age; demonstrate the ability to read, speak, write, and understand the English language to interpret technical reports and maintenance publications and carry out technical discussions in the English language; comply with the knowledge, experience and competency requirements prescribed for the rating sought; and pass all of the prescribed examinations for the rating sought, within twelve months preceding the date of filing the application. (2) A licensed aircraft maintenance engineer who applies for an additional rating shall meet the requirements of regulation 145. to (1) An applicant for an aircraft maintenance engineer licence shall demonstrate the level of knowledge relevant to the privileges to be the responsibilities of an aircraft granted and appropriate maintenance holder, in at least the following subjects: (a) air law and airworthiness requirements: rules and regulations relevant to an aircraft maintenance licence holder including applicable airworthiness requirements governing certification and continuing airworthiness of aircraft and approved aircraft maintenance organization and procedures; (b) natural science and aircraft general knowledge: basic mathematic; units of measurement; fundamental principles and theory of physics and chemistry applicable to aircraft maintenance; aircraft engineering: characteristics and application of the materials of aircraft construction including principles of (c) 221 Official Gazette nº 21bis of 25/05/2015 construction and functioning of aircraft structures, fastening systems; techniques; powerplants and mechanical, fluid, electrical and electronic power sources; aircraft instrument and display systems; aircraft control systems; and airborne navigation and communication systems; their associated (d) aircraft maintenance: tasks required to ensure the continuing airworthiness of an aircraft including methods and procedures for the overhaul, repair, inspection, replacement, modification or defect rectification of aircraft structures, components and systems in accordance with the methods prescribed in the relevant Maintenance Manuals and the applicable Standards of Airworthiness; and human performance: human performance, including principles of to aircraft maintenance. threat and error management, relevant (e) Experience requirements (2) The knowledge test results for an aircraft maintenance engineer licence shall be valid for twelve months after passing the examination. 145. (1) An applicant for an aircraft maintenance licence shall have acquired: (a) (b) (c) (d) (e) for category A and subcategories B1.2 and B1.4: (i) three years of practical maintenance experience on operating aircraft, if the applicant has no previous relevant technical training; or (ii) two years of practical maintenance experience on operating aircraft and completion of training considered relevant by the competent authority as a skilled worker, in a technical trade; or for category B2 and subcategories B1.1 and B1.3: (i) four years of practical maintenance experience on operating aircraft if the applicant has no previous relevant technical training; or (ii) two years of practical maintenance experience on operating aircraft and satisfactorily completed an approved basic training course. for category C with respect to large aircraft: (i) three years of experience exercising category B1.1, B1.3 or B2 privileges on large aircraft; or (ii) five years of experience exercising category B1.2 or B1.4 privileges on large aircraft; or for category C with respect to non large aircraft: three years of experience exercising category B1 or B.2 privileges on non large aircraft for category C obtained through the academic route: an applicant holding an academic degree in a technical discipline, from a university or other higher educational institution recognised by three years of experience working in a civil aircraft maintenance environment on a representative selection of tasks directly associated with aircraft maintenance including six months of observation of base maintenance tasks. the Authority, (2) An applicant for an addition category to an aircraft maintenance licence shall have a minimum civil aircraft maintenance experience requirement appropriate to the additional category or subcategory of 222 Official Gazette nº 21bis of 25/05/2015 licence applied for as defined in Fourth Schedule. (4) (3) For category A, B1 and B2 the experience must be practical which involved with a representative cross section of means being maintenance tasks on aircraft For all applicants, at least one year of the required experience must be recent maintenance experience on aircraft of the category/subcategory for which the initial aircraft maintenance licence is sought. For subsequent category/subcategory additions to an existing aircraft maintenance licence, the additional recent maintenance experience required may be less than one year, but must be at least three months. The required experience must be dependent upon the difference between the licence category/subcategory held and applied for. Such additional experience must be licence category/subcategory sought. typical of the new (5) Notwithstanding paragraph (1), aircraft maintenance experience gained outside a civil aircraft maintenance environment shall be accepted when such maintenance is equivalent to that required by this regulation as established by the Authority. Additional experience of civil aircraft maintenance shall, however, be required to ensure understanding of the civil aircraft maintenance environment Privileges limitations and 146. (1) Subject to compliance with the requirements specified in paragraphs (2) and (3), the privileges of the holder of an aircraft maintenance licence shall be to certify the aircraft or parts of the aircraft as airworthy after an authorized repair, modification or installation of an engine, accessory, instrument, and/or item of equipment, and to sign a maintenance release following inspection, maintenance operations and/or routine servicing. (2) The privileges of the holder of an aircraft maintenance licence specified in paragraph (1) shall be exercised only: (a) in respect of such: (i) aircraft as are entered on the licence in their entirety either specifically or under broad categories; or (ii) airframes and engines and aircraft systems or components as are entered on the licence either specifically or under broad categories; and/or (iii) aircraft avionic systems or components as are entered on (b) (c) (d) the licence either specifically or under broad categories; provided that the licence holder is familiar with all the relevant information relating to the maintenance and airworthiness of the particular aircraft for which the licence holder is signing a Maintenance Release, or such airframe, engine, aircraft system or component and aircraft avionic system or component which the licence holder is certifying as being airworthy; and on condition that, within the preceding 24 months, the licence holder has either had experience in the inspection, servicing or maintenance of an aircraft or components in accordance with the privileges granted by the licence held for not less than six months, or has met the provision for the issue of a licence with the appropriate privileges, to the satisfaction of the Authority. when the licence holder is able to read, write and communicate to an understandable level in the language(s) in which the technical documentation and procedures necessary to support 223 Official Gazette nº 21bis of 25/05/2015 the issue of the certificate of release to service are written. (3) (b) The following scope of the privileges of the licence holders hall apply: A category A aircraft maintenance licence permits the holder (a) to issue certificates of release to service following minor scheduled line maintenance and simple defect rectification within the limits of tasks specifically endorsed on the authorisation. The certification privileges shall be restricted to work that the licence holder has personally performed in an approved maintenance organisation. A category B1 aircraft maintenance licence shall permit the holder to issue certificates of release to service following maintenance, including aircraft structure, powerplant and mechanical and electrical systems. Replacement of avionic line their replaceable units, requiring simple serviceability, shall also be included in the privileges. Category B1 shall automatically include the appropriate A subcategory. A category B2 aircraft maintenance licence shall permit the holder to issue certificates of release to service following maintenance on avionic and electrical systems. to prove tests (c) and 147. Recency renewal requirement (d) A category C aircraft maintenance licence shall permit the holder to issue certificates of release to service following base maintenance on aircraft. The privileges apply to the aircraft in its entirety in an approved maintenance organisation. (1) A holder of an Aircraft Maintenance Engineers Licence shall apply for renewal of licence at least two months before the expiry period in a form and manner prescribed by the Authority. (2) The holder must have performed work comparable with that required for the grant of the licence for periods totalling at least six months during the twenty four months preceding the date of the expiry of the licence. (3) A person who fails to renew his licence after the expiry period may do so within the next twelve months provided that he proves that he has been continuously engaged in practical work for the entire extended period. (4) A person who does not apply for a renewal within the extended period as provided for in sub-regulation (3) or fails to prove that he has continuously been engaged in practical work during that period will be required to sit for an exam before his licence is renewed. Aviation Repair Specialist Authorization Eligibility requirements 148. (1) (2) An applicant for an aviation repair specialist authorization shall: be at least eighteen years of age; demonstrate the ability to read, speak, write, and understand the English language in accordance with the language proficiency requirements contained in the Second Schedule to these regulations and interpret technical reports and maintenance publications and carry out technical discussions in the English language; be specially qualified to perform maintenance on aircraft or aircraft components appropriate to the job for which the (3) 224 Privileges limitations and 149. Official Gazette nº 21bis of 25/05/2015 (4) (5) (6) aviation repair specialist was employed; be employed for a specific job requiring special qualifications by an approved maintenance organisation certificated under the Civil Aviation (Approved Maintenance Organisation) Regulations; be recommended for certification by the aviation repair specialist’s employer, to the satisfaction of the Authority, as able to satisfactorily maintain aircraft or components, appropriate to the job for which the aviation repair specialist is employed; and either: (i) have at least eighteen months of practical experience in the procedures, practices, inspection methods, materials, tools, machine tools, and equipment generally used in the maintenance duties of the specific job for which the person is to be employed and certificated; or (ii) have completed formal training acceptable to the Authority and specifically designed to qualify the applicant for the job on which the applicant is to be employed. (1) An applicant for aviation repair specialist authorization who is employed by an approved maintenance organization shall be concurrent with the rating issued to the approved maintenance organisation limited to the specific job for which the aviation repair specialist is employed to perform, supervise or approve for return to service. (2) An applicant for an aviation repair specialist authorization in respect of airframe, engine, avionics or other systems shall not be issued with that authorization for purposes of circumventing the process of obtaining an aircraft maintenance engineer licence (AMEL). (3) An aviation repair specialist may perform or supervise the maintenance, preventive maintenance or alteration of aircraft, airframes, engines, propellers, appliances, components and parts appropriate to the designated speciality area for which the aviation repair specialist is or authorized and rated, but only in connection with employment by a maintenance organisation approved under the Civil Aviation (Approved Maintenance Organization) Regulations. (4) An aviation repair specialist shall not perform or supervise duties unless the aviation repair specialist understands the current instructions of the employing approved maintenance organisation and the instructions for continued airworthiness, which relate to the specific operations concerned. Display of authorization 150. A person who holds an aviation repair specialist authorization shall keep that authorization within the immediate area where the person normally exercises the privileges of the authorization and shall present it for inspection upon the request of the Authority or any other person authorized by the Authority. 225 Official Gazette nº 21bis of 25/05/2015 Surrender authorization of 151. A holder of an aviation repair specialist authorization shall surrender the authorization to the Authority when it is suspended, revoked or at the time the holder leaves the employment of the approved maintenance organisation. Aeronautical Station Operator Licence Eligibility requirements Aeronautical knowledge requirements 152. An applicant for a Aeronautical Station Operator Licence shall be at least 18 years of age; 153. An applicant for a Aeronautical Station Operator Licence shall have demonstrated a level of knowledge appropriate to the privileges granted to the holder of a Aeronautical Station Operator Licence, in at least the following subjects: (a) general knowledge: air traffic services provided within Rwanda (b) language: comprehensive knowledge of the English language for use in air-ground communications and ability to speak such language or languages without accent or impediment which would adversely affect radio communication; (c) operational procedures: radiotelephony procedures; phraseology; telecommunication network; (d) rules and regulations: rules and regulations applicable to the aeronautical station operator; and (e) telecommunication equipment: principles, use and limitations of telecommunication equipment in an aeronautical station. Skill requirements 154. An applicant for a Aeronautical Station Operator Licence shall demonstrate, or have demonstrated, competency in: (a) the manipulation and operation of typical transmit / receive equipment and controls, including ancillary facilities, and radio direction finding apparatus in use; (b) the visual inspection and daily operational check of the radio equipment he uses in such detail as is necessary to detect faults which should be revealed in such inspection, and to correct such faults that do not require the use of special tools or instruments; (c) the transmission of radiotelephony messages with efficiency technique, including correct microphone and accuracy, enunciation, and speech quality; (d) the reception of radiotelephony messages with efficiency and accuracy and, where relevant, the ability to copy radio signals and messages directly on to a typewriter, and if an extension of privileges to include operation of radiotelegraphy equipment is sought, the applicant shall demonstrate, or have demonstrated competency in: (e) the transmission and aural reception of International Morse Code in groups (letters, figures and signs of punctuation) at a speed of not less than 16 groups per minute and plain language at a speed of not less than 20 words per minute. Code groups 226 Official Gazette nº 21bis of 25/05/2015 shall average five characters, each figure or punctuation mark counting as two characters, and plain language shall average five characters to the word. Each test shall be of not less than five minutes' duration; and (f) the manipulation and adjustment of the operating controls of a typical aeronautical station's radiotelegraph apparatus. Experience requirements 155. Before exercising the privileges of an Aeronautical Station Operator Licence, the licence holder shall have: Privileges, limitations renewal requirements and 156. (a) satisfactorily completed an approved training course within the 12-month period immediately preceding application, and have served satisfactorily under a qualified aeronautical station operator for not less than two months; or (b) satisfactorily served under a qualified aeronautical station operator for not less than six months during the 12 months immediately preceding application. (1) The privileges of the holder of an Aeronautical Station Operator Licence shall be to act as an operator in an aeronautical station provided that he has familiarized himself with all pertinent and current information regarding the types of equipment and operating procedures used at that aeronautical station. (2) Where the knowledge and skill of the applicant has also been established in respect of radiotelegraphy, the Authority shall endorse the licence for the operation of radiotelegraphy equipment. (3) The holder of a licence with the endorsement referred to in sub- regulation (3) may operate radiotelegraphy as well as radiotelephony equipment in an aeronautical station. (4) Aeronautical station operator licences issued by the Authority may be, in principle, revalidated for periods not longer than 24 months; if the licence holder applies for revalidation, the Authority has to be satisfied that the holder has exercised the appropriate privileges of the licence for not less than 6 months and has at least performed 70 hours of service as an aeronautical station operator officer in the last 12 months preceding the expiry date of the licence, as a minimum requirement. Cabin Crew Member Certificate Required certificate, ratings and qualifications 157. (1) A person shall not act as a cabin crew member unless that person holds: (a) (b) (c) (d) a cabin crew member certificate; a rating for the specific aircraft type or is operating under the supervision of a rated cabin crew for the purpose of qualifying for the rating; the required knowledge for the type of aircraft and operating position; the current Medical Certificate Class 2; (2) A person undergoing training to qualify for a cabin crew member 227 Official Gazette nº 21bis of 25/05/2015 certificate or rating shall not: (a) form a part of the required minimum number of cabin crew member for that aircraft; (b) be assigned to an operating position that requires a cabin crew member. (3) In this regulation, operating position means a duty station assigned the cabin crew member for execution of emergency duties. to 158. An applicant for cabin crew member certificate shall- (a) (b) (c) (d) be at least eighteen years of age; be able to read, speak and understand the English language sufficiently to adequately carry out the responsibilities of a cabin crew member; have completed a course of training approved by the Authority; and have passed a knowledge test. Eligibility requirements. Knowledge requirements. 159. (1) An applicant for a cabin crew member certificate shall have demonstrated a level of knowledge appropriate to the privileges granted to the holder of a cabin crew member certificate, in the following subjects: (a) fire and smoke training to include: (i) emphasis on the responsibility of cabin crew to deal promptly with emergencies involving fire and smoke and, in particular, emphasis on the importance of identifying the actual source of the fire; the importance of informing the flight crew immediately, as well as the specific actions necessary for co-ordination and assistance, when fire or smoke is discovered; the necessity for frequent checking of potential fire-risk areas including toilets and the associated smoke detectors; the classification of fires and the appropriate type of extinguishing agents and procedures for particular fire situations, the techniques of application of extinguishing agents, the consequences of misapplication, and of use in a confined space; and the general procedures of ground based emergency services at aerodromes. (ii) (iii) (iv) (v) (b) water survival training to include the actual donning and use of personal flotation equipment in water by each cabin crew member; before first operating on an aeroplane fitted with life- rafts or other similar equipment, training must be given on the use of this equipment, as well as actual practice in water; survival training appropriate to the areas of operation such as polar, desert, jungle or sea; (c) (d) medical aspects and first aid to include – (i) (ii) instruction on first aid and the use of first-aid kits; first aid associated with survival training and appropriate 228 Official Gazette nº 21bis of 25/05/2015 (e) (f) (g) (iii) hygiene; and the physiological effects of flying and with particular emphasis on hypoxia; passenger handling to include the following- (i) advice on the recognition and management of passengers who are, or become, intoxicated with alcohol or are under the influence of drugs or are aggressive; (ii) methods used to motivate passengers and the crowd (iii) (iv) (v) control necessary to expedite an aeroplane evacuation; regulations covering the safe stowage of cabin baggage including cabin service items and the risk of the baggage becoming a hazard to occupants of the cabin or otherwise obstructing or damaging safety equipment or aeroplane exits; the importance of correct seat allocation with reference to aeroplane mass and balance with particular emphasis given on the seating of disabled passengers and the necessity of seating able-bodied passengers adjacent to unsupervised exits; duties to be undertaken in the event of encountering turbulence including securing the cabin; (vi) precautions to be taken when live animals are carried in the cabin; (vii) dangerous goods training as prescribed in Civil Aviation (Operation of Aircraft) Regulations and Civil Aviation and Administration) (Air Operator Certification Regulations; and (viii) security procedures, including the provisions of Civil Aviation (Operation of Aircraft) Regulations and Civil Aviation (Air Operator Certification and Administration) Regulations; communication - emphasis shall be placed on the importance of effective communication between cabin crew and flight crew including technique, common language and terminology; discipline and responsibilities: (i) the importance of cabin crew performing their duties in accordance with the Operations Manual; continuing competence and fitness to operate as a cabin crew member with special regard to flight and duty time limitations and rest requirements; (ii) (iii) an awareness of the aviation regulations relating to cabin crew member and the role of the Authority; (iv) general knowledge of relevant aviation terminology, theory of flight, passenger distribution, meteorology and areas of operation; pre-flight briefing of the cabin crew member and the provision of necessary safety information with regard to their specific duties; (v) 229 Official Gazette nº 21bis of 25/05/2015 (vi) (vii) the importance of ensuring that relevant documents and manuals are kept up-to-date with amendments provided by the operator; the importance of identifying when cabin crew members have the authority and responsibility to initiate an evacuation and other emergency procedures; (viii) the importance of safety duties and responsibilities and to to respond promptly and effectively the need emergency situations; and Skill requirements 160. (h) Crew Resource Management (CRM) to include appropriate the Civil Aviation (Operation of Aircraft) provisions of Regulations in relation to cabin crew member. (2) The knowledge test results for a cabin crew member certificate shall be valid for twelve months after passing the examination. An applicant for a cabin crew member certificate shall have demonstrated the ability to perform as cabin crew member of an aircraft in the following procedures: (a) (b) to execute those safety duties and functions which the cabin crew member is assigned to perform in the event of an emergency or in a situation requiring emergency evacuation; drilled and capable in the use of emergency and life saving equipment required to be carried such as life jackets, life rafts, evacuation slides, emergency exits, portable fire extinguishers, oxygen equipment and first-aid kits; (d) (c) when serving on aeroplanes operated above 10,000 feet, knowledge as regards the effect of lack of oxygen and, in the case of pressurized aeroplanes, as regards physiological phenomena accompanying a loss of pressurisation; aware of other crew members’ assignments and functions in the event of an emergency so far as is necessary for the fulfilment of the cabin crew member’s own duties; aware of the types of dangerous goods which may, and may not, be carried in a passenger cabin and has completed the dangerous goods training programme required by Civil Aviation (Operation of Aircraft ) Regulations; knowledge about human performance as related to passenger cabin safety duties including flight crew-cabin crew co- ordination. (e) (f) Privileges 161. A holder of a cabin crew member certificate may: (a) act as a cabin crew member in aircraft of types specified in the certificate when such aircraft are engaged in commercial transport operations; and (b) be authorized to act as a cabin crew member instructor for issue or renewal of cabin crew certificate and aircraft type ratings. 230 Official Gazette nº 21bis of 25/05/2015 Renewal requirements 162. A holder of a cabin crew member certificate may apply for renewal if the holder has successfully completed the annual safety and emergency procedure training approved by the Authority every twelve months. PART X – AVIATION MEDICAL STANDARDS AND CERTIFICATION General Medical Certificates issued by the Authority 163. (1) An applicant for a Licence shall, when applicable, hold a Medical Certificate issued in accordance with these regulations. (2) The Authority shall issue classes of Medical Certificate that are intended to indicate the minimum medical standards as follows: (a) Class 1 Medical Certificate: applies to applicants for, or holders of: (i) Commercial Pilot Licences: aeroplane, airship, helicopter and powered-lift; (ii) Multi-crew Pilot Licences - aeroplane (iii) Airline transport Pilot Licences: aeroplane, helicopter and powered-lift; (b) (c) Class 2 Medical Certificate: applies to applicants for or holders of: (i) Flight Engineer Licences; (ii) Flight Navigator Licences; (iii) Private Pilot Licences: aeroplane, airship, helicopter, and powered-lifts; (iv) Glider Pilot Licences; (v) Free Balloon Pilot Licences; (vi) Student Pilot Licence: for all aircraft; Class 3, applies to applicants for, or holders of air traffic controller licences. Aviation medical examiner, designation qualifications and 164. (1) The Authority shall designate a medical doctor who meets the qualifications specified in sub-regulation (2) as an aviation medical examiner to conduct medical examinations for fitness of applicants for the issue or renewal of licences, ratings or certificates. (2) For a medical doctor to be designated as an aviation medical examiner, he shall: (a) (b) (c) (d) be qualified and licenced in the practice of medicine; have obtained aviation medicine training at an institution recognised by the Authority; demonstrate adequate competence in aviation medicine; and have practical knowledge and experience of the conditions in which the holders of licences and ratings carry out their duties. (3) The designated medical examiner shall receive refresher training at regular intervals as prescribed by the Authority. Medical Assessor 165. (1) The Authority shall use the services of medical assessors to evaluate 231 Medical Certification Procedures Statement Medical records and 166. Official Gazette nº 21bis of 25/05/2015 (2) reports submitted to it by medical examiners and making final assessments for issue, renew or deny medical certificates. The medical assessors shall be qualified and experienced in the practice of aviation medicine and competent in evaluating and assessing medical conditions of flight safety significance. (3) Medical assessors shall maintain the currency of their professional (4) (5) knowledge. The medical assessors shall periodically evaluate the competence of medical examiners to ensure that they meet applicable standards for good medical practice and aeromedical risk assessment. The medical assessors shall normally be in charge of Accredited Medical Conclusions. (6) Subject to conditions and limitations as may be prescribed by the Authority, functions of the medical assessor may be delegated a qualified medical examiners. (1) An applicant for a Medical Certificate shall produce proof of identification and sign and furnish the medical examiner with a personally certified statement: (a) of medical facts concerning personal, familiar and hereditary history that is as complete and accurate as the applicant’s knowledge permits; and (b). indicating whether he has previously undergone such an examination and, if so, the date, place and result of the last examination, indicating to the examiner whether a Medical Certificate has previously been refused, revoked or suspended and, if so, the reason for such refusal, revocation or suspension; the Authority may prescribe a form and manner to that effect. (c) (2) Any false declaration to a medical examiner made by an applicant for a licence or rating shall be reported to the Authority for such action as may be considered appropriate and shall be a basis for: (a) denying the application for medical certification; (b) suspending or revoking the licences , ratings, authorisations and medical certificate held by that person; (3) Where the aviation medical examiner finds that additional medical information or history is needed, the aviation medical examiner shall request that the applicant to furnish that information, or authorize any clinic, hospital, physician, or other person to release to the aviation medical examiner all available information or records concerning that history. (4) Where an applicant for a Medical Certificate fails within a reasonable period to provide the requested medical information or history, or fails to authorise the release so requested, the Authority may deny the application as well as suspend, modify or revoke all Medical Certificates held by the applicant. (5) Where a Medical Certificate is suspended or modified under sub- 232 Designated aviation medical examiner submission signed evaluation report of medical Official Gazette nº 21bis of 25/05/2015 regulation (3), the suspension or modification remains in effect until: (a) the holder provides the requested information, history, or authorization to the Authority; and (b) the Authority determines that the holder meets the medical standards. 167. (1) The designated aviation medical examiner who is authorized to conduct a medical examination under regulation 164 shall: (a) coordinate the results of the examination and submit a signed report, to the Authority, in the form and manner that may be prescribed by the Authority, detailing the results of the examination and evaluating the findings with regard to medical fitness; report to the Authority any individual case where in the aviation medical examiner’s judgement, an applicant has failed to meet any requirement that is likely to jeopardize flight safety; and having commenced a medical evaluation of an applicant, submit to the Authority the report, whether the evaluation is terminated prior to completion, yielded sub-standard results, or was completed satisfactorily. (b) (c) (2) If the medical report is submitted to the Authority in electronic format, adequate identification of the examiner shall be established. (3) If the medical examination is carried out by two or more medical examiners, the Authority shall appoint one of these to be responsible for coordinating the results of the examination, evaluating the findings with regard to medical fitness, and signing the report. (4) The designated aviation medical examiner shall submit sufficient medical information to the Authority. Issue of Medical Certificate 168. (1) The designated medical examiner shall issue the applicable Medical Certificate to any person who meets the medical standards prescribed in these regulations, based on medical examination and evaluation of the applicant’s history and condition. (2) A person to be issued with a Medical Certificate shall undergo a medical examination based on the physical and mental, visual and colour perception and hearing standards contained in these regulations. (3) An aviation medical examiner shall use the criteria applicable for Class 1, Class 2 and Class 3 of Medical Certificate detailed in these regulations. (4) Cases of falsification, negligent or wrongful certification made by the designated medical examiner shall be subject to criminal prosecution. 169. (1) An applicant for a Medical Certificate may be denied a certificate if, upon medical examination, the applicant does not meet the physical and mental standards specified in these regulations. (2) The denial of the Medical Certificate is effective: (a) the date of the medical evaluation that determined the applicant did not meet the physical and mental standards specified in 233 Denial of Medical Certificate Official Gazette nº 21bis of 25/05/2015 (b) these regulations; and until such time that the applicant is again determined by the Authority to be fit to exercise the privileges through: an accredited medical conclusion; a special flight test; or (i) (ii) (iii) with respect to a transient condition, until a subsequent satisfactory report is acceptable to the Authority. (2) An applicant who is denied a Medical Certificate by an aviation medical examiner may, within thirty days after the date of the denial, apply in writing to the Authority for reconsideration of the denial. (3) Upon receiving an application for reconsideration, the Authority shall to conduct medical than one medical examiner appoint more examination on the applicant and shall designate one of the medical examiners to be responsible for coordinating the results of the examination, evaluation and findings with regard to medical fitness, and signing the report. (4) Where the applicant does not apply for reconsideration during the thirty day period after the date of the denial, the Authority shall consider that applicant has withdrawn the application for a Medical Certificate. Medical confidentiality 170. (1) Medical confidentiality shall be respected at all times and all medical reports and records shall be securely held with accessibility restricted to authorized personnel. (2) When justified by operational considerations, a medical assessor shall determine to what extent pertinent medical information, in addition to the information contained in the medical report submitted under regulation 167, is presented to relevant officials of the Authority. Issue of Medical Certificate with a limitation 171. The Authority may issue or renew a Medical Certificate with a limitation to an applicant who does not meet the applicable standards for a Medical Certificate if the following conditions are fulfilled to the satisfaction of the Authority that: (a) an accredited medical conclusion indicates that in special circumstances the applicant’s failure to meet any requirement, whether numerical or otherwise, is such that exercise of the privileges of the licence applied for is not likely to jeopardize flight safety; relevant ability, skill, and experience of the applicant and operational conditions have been given due consideration; and (b) (c) the licence is endorsed with any special limitation or limitations when the safe performance of the licence holder's duties is dependent on compliance with such limitation or limitations. Duration Medical Certificate Renewal Medical of 172. Except where otherwise stated Class 1, Class 2 and Class 3 shall be renewed at intervals not exceeding those specified in regulation 9. of 173. (1) The requirements for the renewal of a Medical Certificate are the same as those for the initial assessment except where otherwise specifically 234 Certificate stated. Official Gazette nº 21bis of 25/05/2015 (2) When required to obtain or renew correcting lenses, the applicant for medical examination shall advise the aviation medical examiner conducting the medical examination of the new prescription, including revised reading distances: (a) for a Class 1 Medical Certificate, for the visual cockpit tasks relevant to the types of aircraft in which the applicant is likely to function; for a Class 2 Medical Certificate, for the visual cockpit and cabin tasks relevant to the types of aircraft in which the applicant is likely to function; and for a Class 3 Medical Certificate, for the air traffic control duties the applicant is to perform. (b) (c) of 174. Prohibition Medical certification A person shall not hold or be issued with a Medical Certificate if that person suffers from any disease or disability that could render that person likely to become suddenly unable to either perform assigned duties safely or operate an aircraft safely. General Requirements for Medical Certificates and 175. (1) An applicant for any class of Medical Certificate shall be required to be Physical mental requirements Visual acuity test requirements Colour perception requirements free from: (a) (b) (c) (d) any abnormality, congenital or acquired; or any active, latent, acute or chronic disability; or any wound, injury or sequelae from operation; or any effect or side-effect of any prescribed or non-prescribed therapeutic, diagnostic or preventive medication taken; such as would entail a degree of functional incapacity which is likely to interfere with the safe operation of an aircraft or with the safe performance of duties. 176. (1) Visual acuity tests should be conducted in an environment with a level of illumination that corresponds to ordinary office illumination (30-60 cd/m2). (2) Visual acuity should be measured by means of a series of Landolt rings or similar optotypes, placed at a distance from the applicant appropriate to the method of testing adopted. 177. (1) Medical examiners shall use such methods of examination as will (2) (3) guarantee reliable testing of colour perception. The applicant shall be required to demonstrate the ability to perceive readily those colours the perception of which is necessary for the safe performance of duties. The applicant shall be tested for the ability to correctly identify a series of pseudoisochromatic plates in daylight or in artificial light of the same colour temperature such as that provided by CIE standard illuminants C or D65 as specified by the International Commission on Illumination 235 Hearing requirements test Official Gazette nº 21bis of 25/05/2015 (CIE). (4) An applicant obtaining a satisfactory result as prescribed by the Authority shall be assessed as fit. (5) An applicant failing to obtain a satisfactory result in such a test shall be assessed as unfit unless able to readily distinguish the colours used in air navigation and correctly identify aviation coloured lights. (6) Applicants who fail to meet these criteria shall be assessed as unfit except for Class 2 assessment with the following restriction: valid daytime only. 178. (1) Medical examiners shall use such methods of examination as will guarantee reliable testing of hearing. (2) Applicants shall be required to demonstrate a hearing performance sufficient for the safe exercise of their licence and rating privileges. (3) Applicants for Class 1 Medical Certificates shall be tested by pure-tone audiometry at first issue of the Assessment, not less than once every five years up to the age of 40 years, and thereafter not less than once every two years. (4) Applicants for Class 2 Medical Certificate should be tested by pure-tone audiometry at first issue of the Assessment and, after the age of 50 years, not less than once every two years. (6) (5) Applicants for Class 3 Medical Certificates shall be tested by pure-tone audiometry at first issue of the Assessment, not less than once every four years up to the age of 40 years, and thereafter not less than once every two years. For a pure tone audiometer test, the reference zero for calibration is that of (ISO) Recommendation R389, 1964. For hearing tests where audiometry is not performed, the applicant shall be tested in a quiet room by whispered and spoken voice tests. International Organization for Standardization the (7) Class 1 Medical Certificate Physical requirements 179. The applicant shall not suffer from any disease or disability which could render that applicant likely to become suddenly unable either to operate an aircraft safely or to perform assigned duties safely. Mental fitness 180. (1) The applicant shall have no established medical history or clinical diagnosis of: (a) (b) an organic mental disorder; a mental or behavioural disorder due to use of psychoactive substances; this includes dependence syndrome induced by alcohol or other psychoactive substances; schizophrenia or a schizotypal or delusional disorder; a mood (affective) disorder; a neurotic, stress-related or somatoform disorder; a behavioural disturbances or physical factors; syndrome associated with physiological (c) (d) (e) (f) 236 Official Gazette nº 21bis of 25/05/2015 (g) a disorder of adult personality or behaviour, particularly if manifested by repeated overt acts; (h) mental retardation; (i) (j) a disorder of psychological development; a behavioural or emotional disorder, with onset in childhood or adolescence; a mental disorder not otherwise specified; (k) such as might render the applicant unable to safely exercise the privileges of the licence applied for or held. An applicant with depression, being treated with antidepressant medication, should be assessed as unfit unless the medical assessor, having access to the details of the case concerned, considers the applicant’s condition as unlikely to interfere with the safe exercise of the applicant’s licence and rating privilege (2) Nervous System 181. (1) The applicant shall have no established medical history or clinical diagnosis of any of the following: (a) a progressive or non-progressive disease of the nervous system; (b) epilepsy; or (c) any disturbance of consciousness without satisfactory medical explanation of cause; (2) The applicant shall not have suffered any head injury, the effects of which are likely to interfere with the safe exercise of the applicant’s licence and rating privileges. Cardiovascular system 182. (1) The applicant shall not possess any abnormality of the heart, congenital or acquired, which is likely to interfere with the safe exercise of the applicant’s licence and rating privileges. (2) An applicant who has undergone coronary bypass grafting or angioplasty (with or without stenting) or other cardiac intervention or who has a history of myocardial infarction or who suffers from any other potentially incapacitating cardiac condition shall be assessed as unfit unless the applicant’s cardiac condition has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant’s licence or rating privileges. (4) (3) An applicant with an abnormal cardiac rhythm shall be assessed as unfit unless the cardiac arrhythmia has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant’s licence or rating privileges. Electrocardiography (ECG) shall form part of the heart examination for the first issue of a Medical Certificate Electrocardiography shall be included in re-examinations of applicants over the age of 50 no less frequently than annually. Electrocardiography should be re-examinations of applicants between the ages of 30 and 50 no less frequently than every two years. included (5) (6) in 237 Official Gazette nº 21bis of 25/05/2015 (7) (8) (9) The systolic and diastolic blood pressures shall be within normal limits. The use of drugs for control of high blood pressure shall be disqualifying except for those drugs, the use of which is compatible with the safe exercise of the applicant’s licence and rating privileges. There shall be no significant functional nor structural abnormality of the circulatory system. Respiratory system 183. (1) There shall be no acute disability of the lungs nor any active disease of the structures of the lungs, mediastinum or pleurae likely to result in incapacitating symptoms during normal or emergency operations. (2) Chest radiography should form part of the initial examination. (3) Applicants with chronic obstructive pulmonary disease shall be assessed as unfit unless the applicant’s condition has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant’s licence or rating privileges. (4) Applicants with asthma causing significant symptoms or likely to cause incapacitating symptoms during normal or emergency operations shall be assessed as unfit. The use of drugs for control of asthma shall be disqualifying except for those drugs, the use of which is compatible with the safe exercise of the applicant’s licence and rating privileges. (5) (6) Applicants with active pulmonary tuberculosis shall be assessed as unfit. (7) Applicants with quiescent or healed lesions which are known to be tuberculous, or are presumably tuberculous in origin, may be assessed as fit. Digestive system 184. (2) Applicants with significant impairment of function of the gastrointestinal tract or its adnexa shall be assessed as unfit. (3) Applicants shall be completely free from those hernias that might give rise to incapacitating symptoms. (4) Applicants with sequelae of disease of, or surgical intervention on, any part of the digestive tract or its adnexa, likely to cause incapacitation in flight, in particular any obstruction due to stricture or compression, shall be assessed as unfit. (5) An applicant who has undergone a major surgical operation on the biliary passages or the digestive tract or its adnexa with a total or partial excision or a diversion of any of these organs should be assessed as unfit until such time as the medical assessor, having access to the details of the operation concerned, considers that the effects of the operation are not likely to cause incapacitation in flight. Metabolic, nutritional and endocrine systems 185. (1) Applicants with metabolic, nutritional or endocrine disorders that are likely to interfere with the safe exercise of their licence and rating privileges shall be assessed as unfit. (2) Applicants with insulin-treated diabetes mellitus shall be assessed as 238 Haematology 186. Urinary system 187. Sexually transmitted diseases and other infections 188. Official Gazette nº 21bis of 25/05/2015 unfit. (3) Applicants with non-insulin-treated diabetes mellitus shall be assessed as unfit unless the condition is shown to be satisfactorily controlled by diet alone or by diet combined with oral anti-diabetic medication, the use of which is compatible with the safe exercise of the applicant’s licence and rating privileges. (1) An applicant shall not possess any haematological disease which is likely to interfere with the safe exercise of the privileges of the applicable licence(s). (2) Haemoglobin shall be tested at every medical examination and applicants with abnormal haemoglobin shall be investigated. (3) Applicants with a haematocrit below 32% shall be assessed as unfit. (4) Applicants with sickle cell disease shall be assessed as unfit. (5) Applicants with significant localised and generalised enlargement of the lymphatic glands and diseases of the blood shall be assessed as unfit. (6) Applicants with acute leukaemia shall be assessed as unfit. (7) Applicants with significant enlargement of the spleen shall be assessed as unfit. (8) Applicants with significant polycythaemia shall be assessed as unfit. (9) Applicants with a coagulation defect shall be assessed as unfit. (10) Applicants with diseases of the blood and/or the lymphatic system shall be assessed as unfit unless adequately investigated and their condition found unlikely to interfere with the safe exercise of their licence and rating privileges. (1) Applicants with renal or genitourinary disease shall be assessed as unfit, unless adequately investigated and their condition found unlikely to interfere with the safe exercise of their licence and rating privileges. (2) Urine examination shall form part of the medical examination and abnormalities shall be adequately investigated. (3) Applicants with sequelae of disease of or surgical procedures on the kidneys or the genito-urinary tract, in particular obstructions due to stricture or compression, shall be assessed as unfit unless the applicant’s condition has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant’s licence or rating privileges. (4) Applicants who have undergone nephrectomy shall be assessed as unfit unless the condition is well compensated. (1) An applicant shall have no established medical history or clinical diagnosis of any sexually transmitted disease or other infection which is likely to interfere with the safe exercise of the privileges of the applicable licence(s). (2) Applicants who are seropositive for human immunodeficiency virus (HIV) shall be assessed as unfit unless the applicant’s condition has been investigated and evaluated in accordance with best medical practice and is assessed as not likely to interfere with the safe exercise of the applicant’s licence or rating privileges. 239 Official Gazette nº 21bis of 25/05/2015 Gynaecology and obstetrics 189. (1) An applicant shall not possess any functional or structural obstetric or gynaecological condition which is likely to interfere with the safe exercise of the privileges of the applicable licence(s). (3) (2) Applicants who are pregnant shall be assessed as unfit unless obstetrical evaluation and continued medical supervision indicate a low-risk uncomplicated pregnancy. For applicants with a low-risk uncomplicated pregnancy, evaluated and supervised in accordance with sub-regulation (2), the fit assessment should be limited to the period from the end of the 12th week until the end of the 26th week of gestation. Following confinement or termination of pregnancy, the applicant shall not be permitted to exercise the privileges of her licence until she has undergone re-evaluation in accordance with best medical practice and it has been determined that she is able to safely exercise the privileges of her licence and ratings. (4) (5) An applicant with a history of severe menstrual disturbances unamenable to treatment shall be assessed as unfit. (6) An applicant who has undergone a major gynaecological operation shall be assessed as unfit for a [ ]period of three months or until such time as the effects of the operation are not likely to interfere with the safe exercise of the privileges of the licence(s). Musculoskeletal requirements 190. (1) The applicant shall not possess any abnormality of the bones, joints, muscles, tendons or related structures which is likely to interfere with the safe exercise of the applicant’s licence and rating privileges. (2) An applicant shall have sufficient sitting height, arm and leg length and muscular strength for the safe exercise of the privileges of the applicable licence. Ear, nose throat and 191. (1) (2) The applicant shall not possess any abnormality or disease of the ear or related structures which is likely to interfere with the safe exercise of the applicant’s licence and rating privileges. There shall be: (a) no disturbance of vestibular function; (b) no significant dysfunction of the Eustachian tubes; and (c) no unhealed perforation of the tympanic membranes. (3) A single dry perforation of the tympanic membrane need not render the (4) applicant unfit. There shall be: (a) no nasal obstruction; and (b) no malformation nor any disease of the buccal cavity or upper respiratory tract which is likely to interfere with the safe exercise of the applicant’s licence and rating privileges. (5) Applicants with stuttering or other speech defects sufficiently severe to cause impairment of speech communication shall be assessed as unfit 240 Visual requirements 192. Official Gazette nº 21bis of 25/05/2015 (1) The function of the eyes and their adnexa shall be normal. There shall be no active pathological condition, acute or chronic, nor any sequelae of surgery or trauma of the eyes or their adnexa likely to reduce proper visual function to an extentthat would interfere with the safe exercise of the applicant’s licence and rating privileges. (2) Distant visual acuity with or without correction shall be 6/9 or better in each eye separately, and binocular visual acuity shall be 6/6 or better. (3) No limits apply to uncorrected visual acuity. (4) Where visual acuity can be obtained only with correcting lenses, the applicant may be assessed as fit provided that: (a) such correcting lenses are worn during the exercise of the (b) privileges of the licence or rating applied for or held; and in addition, a pair of suitable correcting spectacles is kept readily available during the exercise of the privileges of the applicant’s licence. (5) Applicants may use contact lenses to meet distant visual acuity requirement provided that: (a) (b) (c) a pair of suitable correcting spectacles is kept readily available the lenses are monofocal and non-tinted; the lenses are well tolerated; and during the exercise of the licence privileges. (6) Applicants with a large refractive error shall use contact lenses or high- index spectacle lenses. (7) Applicants whose uncorrected distant visual acuity in either eye is worse than 6/60 shall be required to provide full ophthalmic report prior to initial Medical Assessment and every five years thereafter. (9) (8) Applicants who have undergone surgery affecting the refractive status of the eye shall be assessed as unfit unless they are free from those sequelae which are likely to interfere with the safe exercise of their licence and rating privileges. The applicant shall have the ability to read, while wearing the correcting lenses, if any, required by sub-regulation (4), the N5chart or its equivalent at a distance selected by that applicant in the range of 30 to 50 cm and the ability to read the N14 chart or its equivalent at a distance of 100 cm. If requirement of sub-regulation (4) is met only by the use of near correction, the applicant may be assessed as fit provided that this near correction is added to the spectacle correction already prescribed in accordance with sub-regulation (6); if no such correction is prescribed, a pair of spectacles for near use shall be kept readily available during the exercise of the privileges of the licence. (10) (11) When near correction is required, the applicant shall demonstrate that one pair of spectacles is sufficient to meet both distant and near visual requirements. (12) When near correction is required in accordance with this paragraph, a second pair of near-correction spectacles shall be kept available for immediate use. 241 Official Gazette nº 21bis of 25/05/2015 (13) The applicant shall be required to have normal fields of vision. (14) The applicant shall be required to have normal binocular function. (15) Reduced stereopsis, abnormal convergence not interfering with near vision, and ocular misalignment where the fusional reserves are sufficient to prevent asthenopia and diplopia need not be disqualifying Hearing requirements 193. (1) The applicant, when tested on a pure-tone audiometer, shall not have a hearing loss, in either ear separately, of more than 35 dB at any of the frequencies 500, 1 000 or 2 000 Hz, or more than 50 dB at 3 000 Hz. (2) An applicant with a hearing loss greater than the a hearing loss prescribed in accordance with sub-regulation (1) may be declared fit provided that the applicant has normal hearing performance against a background noise that reproduces or simulates the masking properties of flight deck noise upon speech and beacon signals. Class 2 Medical Certificate Physical requirements 194. The applicant shall not suffer from any disease or disability which could render that applicant likely to become suddenly unable either to operate an aircraft safely or to perform assigned duties safely. Mental fitness 195. (1) (2) The applicant shall have no established medical history or clinical diagnosis of: (a) (b) an organic mental disorder; a mental or behavioural disorder due to use of psychoactive substances; this includes dependence syndrome induced by alcohol or other psychoactive substances; schizophrenia or a schizotypal or delusional disorder; a mood (affective) disorder; a neurotic, stress-related or somatoform disorder; a behavioural disturbances or physical factors; a disorder of adult personality or behaviour, particularly if manifested by repeated overt acts; syndrome associated with physiological (c) (d) (e) (f) (g) (h) mental retardation; (i) (j) a disorder of psychological development; a behavioural or emotional disorder, with onset in childhood or adolescence; a mental disorder not otherwise specified; (k) such as might render the applicant unable to safely exercise the privileges of the licence applied for or held. An applicant with depression, being treated with antidepressant medication, should be assessed as unfit unless the medical assessor, having access to the details of the case concerned, considers the applicant’s condition as unlikely to interfere with the safe exercise of the applicant’s licence and rating privilege 242 Nervous System 196. (1) The applicant shall have no established medical history or clinical Official Gazette nº 21bis of 25/05/2015 diagnosis of any of the following: (d) a progressive or non-progressive disease of the nervous system; (e) epilepsy; or (f) any disturbance of consciousness without satisfactory medical explanation of cause; (2) The applicant shall not have suffered any head injury, the effects of which are likely to interfere with the safe exercise of the applicant’s licence and rating privileges. Cardiovascular system 197. (1) The applicant shall not possess any abnormality of the heart, congenital or acquired, which is likely to interfere with the safe exercise of the applicant’s licence and rating privileges. (2) An applicant who has undergone coronary bypass grafting or angioplasty (with or without stenting) or other cardiac intervention or who has a history of myocardial infarction or who suffers from any other potentially incapacitating cardiac condition shall be assessed as unfit unless the applicant’s cardiac condition has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant’s licence or rating privileges. (4) (5) (3) An applicant with an abnormal cardiac rhythm shall be assessed as unfit unless the cardiac arrhythmia has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant’s licence or rating privileges. Electrocardiography (ECG) shall form part of the heart examination for the first issue of a Medical Certificate. Electrocardiography shall be included in re-examinations of applicants over the age of 50 no less than every 2 years. The systolic and diastolic blood pressures shall be within normal limits. The use of drugs for control of high blood pressure shall be disqualifying except for those drugs, the use of which is compatible with the safe exercise of the applicant’s licence and rating privileges. There shall be no significant functional nor structural abnormality of the circulatory system. (6) (7) (8) Respiratory system 198. (1) There shall be no acute disability of the lungs nor any active disease of the structures of the lungs, mediastinum or pleurae likely to result in incapacitating symptoms during normal or emergency operations. (2) Chest radiography should form part of the initial and periodic examinations in cases where asymptomatic pulmonary disease can be expected. (3) Applicants with chronic obstructive pulmonary disease shall be assessed as unfit unless the applicant’s condition has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant’s licence or rating privileges. 243 Official Gazette nº 21bis of 25/05/2015 (4) Applicants with asthma causing significant symptoms or likely to cause incapacitating symptoms during normal or emergency operations shall be assessed as unfit. The use of drugs for control of asthma shall be disqualifying except for those drugs, the use of which is compatible with the safe exercise of the applicant’s licence and rating privileges. (5) (6) Applicants with active pulmonary tuberculosis shall be assessed as unfit. (7) Applicants with quiescent or healed lesions which are known to be tuberculous, or are presumably tuberculous in origin, may be assessed as fit. Digestive system 199. (1) Applicants with significant impairment of function of the gastrointestinal tract or its adnexa shall be assessed as unfit. (2) Applicants shall be completely free from those hernias that might give rise to incapacitating symptoms. (3) Applicants with sequelae of disease of, or surgical intervention on, any part of the digestive tract or its adnexa, likely to cause incapacitation in flight, in particular any obstruction due to stricture or compression, shall be assessed as unfit. (4) An applicant who has undergone a major surgical operation on the biliary passages or the digestive tract or its adnexa with a total or partial excision or a diversion of any of these organs should be assessed as unfit until such time as the medical assessor, having access to the details of the operation concerned, considers that the effects of the operation are not likely to cause incapacitation in flight. Metabolic, nutritional and endocrine systems 200. (1) Applicants with metabolic, nutritional or endocrine disorders that are likely to interfere with the safe exercise of their licence and rating privileges shall be assessed as unfit. (2) Applicants with insulin-treated diabetes mellitus shall be assessed as Haematology 201. unfit. (3) Applicants with non-insulin-treated diabetes mellitus shall be assessed as unfit unless the condition is shown to be satisfactorily controlled by diet alone or by diet combined with oral anti-diabetic medication, the use of which is compatible with the safe exercise of the applicant’s licence and rating privileges. (1) An applicant shall not possess any haematological disease which is likely to interfere with the safe exercise of the privileges of the applicable licence(s). (2) Haemoglobin shall be tested at every medical examination and applicants with abnormal haemoglobin shall be investigated. (3) Applicants with a haematocrit below 32% shall be assessed as unfit. (4) Applicants with sickle cell disease shall be assessed as unfit. (5) Applicants with significant localised and generalised enlargement of the lymphatic glands and diseases of the blood shall be assessed as unfit. (6) Applicants with acute leukaemia shall be assessed as unfit. 244 Official Gazette nº 21bis of 25/05/2015 (7) Applicants with significant enlargement of the spleen shall be assessed as unfit. (8) Applicants with significant polycythaemia shall be assessed as unfit. (9) Applicants with a coagulation defect shall be assessed as unfit. (10) Applicants with diseases of the blood and/or the lymphatic system shall be assessed as unfit unless adequately investigated and their condition found unlikely to interfere with the safe exercise of their licence and rating privileges. (1) Applicants with renal or genitourinary disease shall be assessed as unfit, unless adequately investigated and their condition found unlikely to interfere with the safe exercise of their licence and rating privileges. (2) Urine examination shall form part of the medical examination and abnormalities shall be adequately investigated. (3) Applicants with sequelae of disease of or surgical procedures on the kidneys or the genito-urinary tract, in particular obstructions due to stricture or compression, shall be assessed as unfit unless the applicant’s condition has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant’s licence or rating privileges. (4) Applicants who have undergone nephrectomy shall be assessed as unfit unless the condition is well compensated. (1) An applicant shall have no established medical history or clinical diagnosis of any sexually transmitted disease or other infection which is likely to interfere with the safe exercise of the privileges of the applicable licence(s). (2) Applicants who are seropositive for human immunodeficiency virus (HIV) shall be assessed as unfit unless the applicant’s condition has been investigated and evaluated in accordance with best medical practice and is assessed as not likely to interfere with the safe exercise of the applicant’s licence or rating privileges. Urinary system 202. Sexually transmitted diseases and other infections 203. Gynaecology and obstetrics 204. (1) An applicant shall not possess any functional or structural obstetric or gynaecological condition which is likely to interfere with the safe exercise of the privileges of the applicable licence(s). (3) (2) Applicants who are pregnant shall be assessed as unfit unless obstetrical evaluation and continued medical supervision indicate a low-risk uncomplicated pregnancy. For applicants with a low-risk uncomplicated pregnancy, evaluated and supervised in accordance with sub-regulation (2), the fit assessment should be limited to the period from the end of the 12th week until the end of the 26th week of gestation. Following confinement or termination of pregnancy, the applicant shall not be permitted to exercise the privileges of her licence until she has undergone re-evaluation in accordance with best medical practice and it has been determined that she is able to safely exercise the privileges of her licence and ratings. (4) 245 Official Gazette nº 21bis of 25/05/2015 (5) An applicant with a history of severe menstrual disturbances unamenable to treatment shall be assessed as unfit. (6) An applicant who has undergone a major gynaecological operation shall be assessed as unfit for a period of three months or until such time as the effects of the operation are not likely to interfere with the safe exercise of the privileges of the licence(s). Musculoskeletal requirements 205. (1) The applicant shall not possess any abnormality of the bones, joints, muscles, tendons or related structures which is likely to interfere with the safe exercise of the applicant’s licence and rating privileges. (2) An applicant shall have sufficient sitting height, arm and leg length and muscular strength for the safe exercise of the privileges of the applicable licence. Ear, nose throat and 206. (1) (2) The applicant shall not possess any abnormality or disease of the ear or related structures which is likely to interfere with the safe exercise of the applicant’s licence and rating privileges. There shall be: (a) no disturbance of vestibular function; (b) no significant dysfunction of the Eustachian tubes; and (c) no unhealed perforation of the tympanic membranes. (3) A single dry perforation of the tympanic membrane need not render the (4) applicant unfit. There shall be: (a) no nasal obstruction; and (b) no malformation nor any disease of the buccal cavity or upper respiratory tract which is likely to interfere with the safe exercise of the applicant’s licence and rating privileges. (5) Applicants with stuttering or other speech defects sufficiently severe to cause impairment of speech communication shall be assessed as unfit Visual requirements 207. (1) The function of the eyes and their adnexa shall be normal. There shall be no active pathological condition, acute or chronic, nor any sequelae of surgery or trauma of the eyes or their adnexa likely to reduce proper visual function to an extentthat would interfere with the safe exercise of the applicant’s licence and rating privileges. (2) Distant visual acuity with or without correction shall be 6/12 or better in each eye separately, and binocular visual acuity shall be 6/9 or better. (3) No limits apply to uncorrected visual acuity. (4) Where visual acuity can be obtained only with correcting lenses, the applicant may be assessed as fit provided that: (a) such correcting lenses are worn during the exercise of the (b) privileges of the licence or rating applied for or held; and in addition, a pair of suitable correcting spectacles is kept readily available during the exercise of the privileges of the applicant’s licence. 246 Official Gazette nº 21bis of 25/05/2015 (5) Applicants may use contact lenses to meet distant visual acuity requirement provided that: (a) (b) (c) a pair of suitable correcting spectacles is kept readily available the lenses are monofocal and non-tinted; the lenses are well tolerated; and during the exercise of the licence privileges. (6) Applicants with a large refractive error shall use contact lenses or high- index spectacle lenses. (7) Applicants whose uncorrected distant visual acuity in either eye is worse than 6/60 shall be required to provide full ophthalmic report prior to initial Medical Assessment and every five years thereafter. (9) (8) Applicants who have undergone surgery affecting the refractive status of the eye shall be assessed as unfit unless they are free from those sequelae which are likely to interfere with the safe exercise of their licence and rating privileges. The applicant shall have the ability to read, while wearing the correcting lenses, if any, required by sub-regulation (4), the N5chart or its equivalent at a distance selected by that applicant in the range of 30 to 50 cm. If requirement of sub-regulation (4) is met only by the use of near correction, the applicant may be assessed as fit provided that this near correction is added to the spectacle correction already prescribed in accordance with sub-regulation (6); if no such correction is prescribed, a pair of spectacles for near use shall be kept readily available during the exercise of the privileges of the licence. (10) Hearing requirements 208. (11) When near correction is required, the applicant shall demonstrate that one pair of spectacles is sufficient to meet both distant and near visual requirements. (12) When near correction is required in accordance with this paragraph, a second pair of near-correction spectacles shall be kept available for immediate use. (13) The applicant shall be required to have normal fields of vision. (14) The applicant shall be required to have normal binocular function. (15) Reduced stereopsis, abnormal convergence not interfering with near vision, and ocular misalignment where the fusional reserves are sufficient to prevent asthenopia and diplopia need not be disqualifying (1) Applicants who are unable to hear an average conversational voice in a quiet room, using both ears, at a distance of 2 m from the examiner and with the back turned to the examiner, shall be assessed as unfit. The applicant, when tested on a pure-tone audiometer, shall not have a hearing loss, in either ear separately, of more than 35 dB at any of the frequencies 500, 1 000 or 2 000 Hz, or more than 50 dB at 3 000 Hz. (2) (3) An applicant who does not meet the requirements in sub-regulation (1) or sub-regulation (2) should undergo further testing in accordance with regulation 203 (2). 247 Class 3 Medical Certificate Official Gazette nº 21bis of 25/05/2015 Physical requirements 209. The applicant shall not suffer from any disease or disability which could render that applicant likely to become suddenly unable either to operate an aircraft safely or to perform assigned duties safely. Mental fitness 210. (1) (2) an organic mental disorder; The applicant shall have no established medical history or clinical diagnosis of: (l) (m) a mental or behavioural disorder due to use of psychoactive substances; this includes dependence syndrome induced by alcohol or other psychoactive substances; schizophrenia or a schizotypal or delusional disorder; a mood (affective) disorder; a neurotic, stress-related or somatoform disorder; a behavioural disturbances or physical factors; a disorder of adult personality or behaviour, particularly if manifested by repeated overt acts; syndrome associated with physiological (n) (o) (p) (q) (r) (s) mental retardation; (t) (u) a disorder of psychological development; a behavioural or emotional disorder, with onset in childhood or adolescence; a mental disorder not otherwise specified; (v) such as might render the applicant unable to safely exercise the privileges of the licence applied for or held. An applicant with depression, being treated with antidepressant medication, should be assessed as unfit unless the medical assessor, having access to the details of the case concerned, considers the applicant’s condition as unlikely to interfere with the safe exercise of the applicant’s licence and rating privilege Nervous System 211. (1) The applicant shall have no established medical history or clinical diagnosis of any of the following: (g) a progressive or non-progressive disease of the nervous system; (h) epilepsy; or (i) any disturbance of consciousness without satisfactory medical explanation of cause; (2) The applicant shall not have suffered any head injury, the effects of which are likely to interfere with the safe exercise of the applicant’s licence and rating privileges. 212. (1) The applicant shall not possess any abnormality of the heart, congenital or acquired, which is likely to interfere with the safe exercise of the applicant’s licence and rating privileges. (2) An applicant who has undergone coronary bypass grafting or angioplasty (with or without stenting) or other cardiac intervention or who has a history of myocardial infarction or who suffers from any 248 Cardiovascular system Official Gazette nº 21bis of 25/05/2015 other potentially incapacitating cardiac condition shall be assessed as unfit unless the applicant’s cardiac condition has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant’s licence or rating privileges. (4) (3) An applicant with an abnormal cardiac rhythm shall be assessed as unfit unless the cardiac arrhythmia has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant’s licence or rating privileges. Electrocardiography (ECG) shall form part of the heart examination for the first issue of a Medical Certificate. Electrocardiography shall be included in re-examinations of applicants over the age of 50 no less frequently than every 2 years. The systolic and diastolic blood pressures shall be within normal limits. The use of drugs for control of high blood pressure shall be disqualifying except for those drugs, the use of which is compatible with the safe exercise of the applicant’s licence and rating privileges. There shall be no significant functional nor structural abnormality of the circulatory system. (6) (7) (8) (5) Respiratory system 213. (1) There shall be no acute disability of the lungs nor any active disease of the structures of the lungs, mediastinum or pleurae likely to result in incapacitating symptoms. (2) Applicants with chronic obstructive pulmonary disease shall be assessed as unfit unless the applicant’s condition has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant’s licence or rating privileges. (3) Applicants with asthma causing significant symptoms or likely to cause incapacitating symptoms during normal or emergency operations shall be assessed as unfit. The use of drugs for control of asthma shall be disqualifying except for those drugs, the use of which is compatible with the safe exercise of the applicant’s licence and rating privileges. (4) (5) Applicants with active pulmonary tuberculosis shall be assessed as unfit. (6) Applicants with quiescent or healed lesions which are known to be tuberculous, or are presumably tuberculous in origin, may be assessed as fit. Digestive system 214. (1) Applicants with significant impairment of function of the gastrointestinal tract or its adnexa shall be assessed as unfit. (2) Applicants with sequelae of disease of, or surgical intervention on, any part of the digestive tract or its adnexa, likely to cause incapacitation in flight, in particular any obstruction due to stricture or compression, shall be assessed as unfit. (3) An applicant who has undergone a major surgical operation on the 249 Official Gazette nº 21bis of 25/05/2015 biliary passages or the digestive tract or its adnexa with a total or partial excision or a diversion of any of these organs should be assessed as unfit until such time as the medical assessor, having access to the details of the operation concerned, considers that the effects of the operation are not likely to cause incapacitation in flight. Metabolic, nutritional and endocrine systems 215. (1) Applicants with metabolic, nutritional or endocrine disorders that are likely to interfere with the safe exercise of their licence and rating privileges shall be assessed as unfit. (2) Applicants with insulin-treated diabetes mellitus shall be assessed as or Blood the lymphatic system disease 216. Urinary system 217. Sexually transmitted diseases and other infections 218. unfit. (3) Applicants with non-insulin-treated diabetes mellitus shall be assessed as unfit unless the condition is shown to be satisfactorily controlled by diet alone or by diet combined with oral anti-diabetic medication, the use of which is compatible with the safe exercise of the applicant’s licence and rating privileges. (1) Applicants with diseases of the blood and/or the lymphatic system shall be assessed as unfit unless adequately investigated and their condition found unlikely to interfere with the safe exercise of their licence and rating privileges. (1) Applicants with renal or genitourinary disease shall be assessed as unfit, unless adequately investigated and their condition found unlikely to interfere with the safe exercise of their licence and rating privileges. (2) Urine examination shall form part of the medical examination and abnormalities shall be adequately investigated. (3) Applicants with sequelae of disease of or surgical procedures on the kidneys or the genito-urinary tract, in particular obstructions due to stricture or compression, shall be assessed as unfit unless the applicant’s condition has been investigated and evaluated in accordance with best medical practice and is assessed not likely to interfere with the safe exercise of the applicant’s licence or rating privileges. (4) Applicants who have undergone nephrectomy shall be assessed as unfit unless the condition is well compensated. (1) An applicant shall have no established medical history or clinical diagnosis of any sexually transmitted disease or other infection which is likely to interfere with the safe exercise of the privileges of the applicable licence(s). (2) Applicants who are seropositive for human immunodeficiency virus (HIV) shall be assessed as unfit unless the applicant’s condition has been investigated and evaluated in accordance with best medical practice and is assessed as not likely to interfere with the safe exercise of the applicant’s licence or rating privileges. Gynaecology and obstetrics 219. (1) An applicant shall not possess any functional or structural obstetric or gynaecological condition which is likely to interfere with the safe exercise of the privileges of the applicable licence(s). 250 Official Gazette nº 21bis of 25/05/2015 (3) (2) Applicants who are pregnant shall be assessed as unfit unless obstetrical evaluation and continued medical supervision indicate a low-risk uncomplicated pregnancy. For applicants with a low-risk uncomplicated pregnancy, evaluated and supervised in accordance with sub-regulation (2), the fit assessment should be limited to the period until the end of the 34th week of gestation. Following confinement or termination of pregnancy, the applicant shall not be permitted to exercise the privileges of her licence until she has undergone re-evaluation in accordance with best medical practice and it has been determined that she is able to safely exercise the privileges of her licence and ratings. (4) Musculoskeletal requirements 220. (1) The applicant shall not possess any abnormality of the bones, joints, muscles, tendons or related structures which is likely to interfere with the safe exercise of the applicant’s licence and rating privileges. (2) An applicant shall have sufficient sitting height, arm and leg length and muscular strength for the safe exercise of the privileges of the applicable licence. Ear, nose throat and 221. (1) (2) The applicant shall not possess any abnormality or disease of the ear or related structures which is likely to interfere with the safe exercise of the applicant’s licence and rating privileges. There shall be no malformation nor any disease of the nose, buccal cavity or upper respiratory tract which is likely to interfere with the safe exercise of the applicant’s licence and rating privileges. (3) Applicants with stuttering or other speech defects sufficiently severe to cause impairment of speech communication shall be assessed as unfit Visual requirements 222. (1) The function of the eyes and their adnexa shall be normal. There shall be no active pathological condition, acute or chronic, nor any sequelae of surgery or trauma of the eyes or their adnexa likely to reduce proper visual function to an extentthat would interfere with the safe exercise of the applicant’s licence and rating privileges. (2) Distant visual acuity with or without correction shall be 6/9 or better in each eye separately, and binocular visual acuity shall be 6/6 or better. (3) No limits apply to uncorrected visual acuity. (4) Where visual acuity can be obtained only with correcting lenses, the applicant may be assessed as fit provided that: (a) such correcting lenses are worn during the exercise of the (b) privileges of the licence or rating applied for or held; and in addition, a pair of suitable correcting spectacles is kept readily available during the exercise of the privileges of the applicant’s licence. (5) Applicants may use contact lenses to meet distant visual acuity requirement provided that: (a) (b) the lenses are monofocal and non-tinted; the lenses are well tolerated; and 251 Official Gazette nº 21bis of 25/05/2015 (c) a pair of suitable correcting spectacles is kept readily available during the exercise of the licence privileges. (6) Applicants with a large refractive error shall use contact lenses or high- index spectacle lenses. (7) Applicants whose uncorrected distant visual acuity in either eye is worse than 6/60 shall be required to provide full ophthalmic report prior to initial Medical Assessment and every five years thereafter. (9) (8) Applicants who have undergone surgery affecting the refractive status of the eye shall be assessed as unfit unless they are free from those sequelae which are likely to interfere with the safe exercise of their licence and rating privileges. The applicant shall have the ability to read, while wearing the correcting lenses, if any, required by sub-regulation (4), the N5chart or its equivalent at a distance selected by that applicant in the range of 30 to 50 cm and the ability to read the N14 chart or its equivalent at a distance of 100 cm. If requirement of sub-regulation (4) is met only by the use of near correction, the applicant may be assessed as fit provided that this near correction is added to the spectacle correction already prescribed in accordance with sub-regulation (6); if no such correction is prescribed, a pair of spectacles for near use shall be kept readily available during the exercise of the privileges of the licence. (10) (11) When near correction is required, the applicant shall demonstrate that one pair of spectacles is sufficient to meet both distant and near visual requirements. (12) When near correction is required in accordance with this regulation, a second pair of near-correction spectacles shall be kept available for immediate use. (13) The applicant shall be required to have normal fields of vision. (14) The applicant shall be required to have normal binocular function. (15) Reduced stereopsis, abnormal convergence not interfering with near vision, and ocular misalignment where the fusional reserves are sufficient to prevent asthenopia and diplopia need not be disqualifying Hearing requirements 223. (1) The applicant, when tested on a pure-tone audiometer, shall not have a hearing loss, in either ear separately, of more than 35 dB at any of the frequencies 500, 1 000 or 2 000 Hz, or more than 50 dB at 3 000 Hz. (2) An applicant with a hearing loss greater than a hearing loss in accordance with sub-regulation (1) may be declared fit provided that the applicant has normal hearing performance against a background noise that reproduces or simulates that experienced in a typical air traffic control working environment. 252 Official Gazette nº 21bis of 25/05/2015 FIRST SCHEDULE SPECIFICATIONS FOR PERSONNEL LICENCES [regulation 3(7)] (1) (b) Personnel licences issued by the Authority in accordance with the relevant provisions of these regulations shall conform to the following specifications: (a) The Authority shall ensure that other States are able to easily determine the licence privileges and validity of ratings. The following details shall appear on the licence: I) II) State of issue (in bold type); Title of licence (in very bold type); Date of initial issue; Serial number of the licence, in Arabic numerals, given by the Authority; Address of holder; III) IV) Name of holder in full (in Roman alphabet) IVa) Date of birth; V) VI) Nationality of holder; VII) Signature of holder; VIII) Authority and, where necessary, conditions under which the licence is issued; IX) Certification concerning validity and authorization for holder to exercise privileges appropriate to licence; Signature of officer issuing the licence and the date of such issue; Seal or stamp of authority issuing the licence; X) XI) XII) Ratings, e.g. category, class, type of aircraft, airframe, aerodrome control, etc.; XIII) Remarks, i.e. special endorsements relating to limitations and endorsements for privileges, including an endorsement of language proficiency, and other information required in pursuance to Article 39 of the Chicago Convention; XIV) Any other details desired by the Authority. (2) First quality paper or other suitable material, including plastic cards, shall be used and the items mentioned in paragraph 1 (b) shown clearly thereon. (3) When licences are issued in a language other than English, the licence shall include an English translation of at least items I), II), VI), IX), XII), XIII) and XIV). When provided in a language other than English, validations issued in accordance with regulation 20 shall include an English translation, the limit of validity of the validation and any restriction or limitation that may be established. Item headings on the licence shall be uniformly numbered in roman numerals as indicated in paragraph 1 (b), so that on any licence the number will, under any arrangement, refer to the same item heading. (4) 253 Official Gazette nº 21bis of 25/05/2015 SECOND SCHEDULE REQUIREMENTS FOR PROFICIENCY LANGUAGES USED FOR RADIOTELEPHONY COMMUNICATIONS [regulation 16] To meet the language proficiency requirements contained in regulation 16, an applicant for a licence or a licence holder shall demonstrate, in a manner acceptable to the Authority, compliance with the holistic descriptors at paragraph (2) and with the Operational Level (Level 4) of the Language Proficiency Rating Scale in paragraph (3). Holistic descriptors - proficient speakers shall: (a) (b) (c) communicate effectively in voice-only (telephone/radiotelephone) and in face-to-face situations; communicate on common, concrete and work-related topics with accuracy and clarity; use appropriate communicative strategies to exchange messages and to recognize and resolve misunderstandings (e.g. to check, confirm, or clarify information) in a general or work-related context; handle successfully and with relative ease the linguistic challenges presented by a complication or unexpected turn of events that occurs within the context of a routine work situation or communicative task with which they are otherwise familiar; and use a dialect or accent which is intelligible to the aeronautical community. (d) (1) (2) (3) (e) Rating scales: (a) Operational Level (Level 4): (i) (ii) (iii) (iv) (v) (vi) Pronunciation: Pronunciation, stress, rhythm and intonation are influenced by the first language or regional variation but only sometimes interfere with understanding. Structure: Basic grammatical structures and sentence patterns are used creatively and are usually well controlled. Errors may occur, particularly in unusual or unexpected circumstances, but rarely interfere with meaning. Vocabulary: Vocabulary range and accuracy are usually sufficient to communicate effectively on common, concrete, and work related topics. Can often paraphrase successfully when lacking vocabulary in unusual or unexpected circumstances. Fluency: Produces stretches of language at an appropriate tempo. There may be occasional loss of fluency on transition from rehearsed or formulaic speech to spontaneous interaction, but this does not prevent effective communication. Can make limited use of discourse markers or connectors. Fillers are not distracting. Comprehension: Comprehension is mostly accurate on common, concrete, and work- related topics when the accent or variety used is sufficiently intelligible for an international community of users. When the speaker is confronted with a linguistic or situational complication or an unexpected turn of events, comprehension may be slower or require clarification strategies. Interactions: Responses are usually immediate, appropriate and informative. Initiates and maintains exchanges even when dealing with an unexpected turn of events. Deals adequately with apparent misunderstandings by checking, confirming or clarifying. (b) Extended Level (Level 5) (i) Pronunciation: Pronunciation, stress, rhythm, and intonation, though influenced by the first language or regional variation, rarely interfere with ease of understanding. 254 Official Gazette nº 21bis of 25/05/2015 (ii) (iii) (iv) (v) (vi) Structure: Basic grammatical structures and sentence patterns are consistently well controlled. Complex structures are attempted but with errors which sometimes interfere with meaning. Vocabulary: Vocabulary range and accuracy are sufficient to communicate effectively on common, concrete, and work related topics. Paraphrases consistently and successfully. Vocabulary is sometimes idiomatic. Fluency: Able to speak at length with relative ease on familiar topics, but may not vary speech flow as a stylistic device. Can make use of appropriate discourse markers or connectors. Comprehension: Comprehension is accurate on common, concrete, and work related topics and mostly accurate when the speaker is confronted with a linguistic or situational complication or an unexpected turn of events. Is able to comprehend a range of speech varieties (dialect and/or accent) or registers. Interactions: Responses are immediate, appropriate, and informative. Managers the speaker/listener relationship effectively. (c) Expert Level (Level 6) (i) Pronunciation: Pronunciation, stress, rhythm, and intonation, thought possibly influenced by the first language or regional variation, almost never interfere with ease of understanding. Structure: Both basic and complex grammatical structures and sentence patterns are consistently well controlled. Vocabulary: Vocabulary range and accuracy are sufficient to communicate effectively on a wide variety of familiar and unfamiliar topics. Vocabulary is idiomatic, nuanced, and sensitive to register. Fluency: Able to speak at length with a natural, effortless flow. Varies speech flow for stylistic effect, e.g. to emphasize a point. Uses appropriate discourse markers and connectors spontaneously. Comprehension: Comprehension is consistently accurate in nearly all contexts and includes comprehension of linguistic and cultural subtleties. Interactions: Interacts with ease in nearly all situations. Is sensitive to verbal and non- verbal cues, and responds to them appropriately. (ii) (iii) (iv) (v) (vi) 255 Official Gazette nº 21bis of 25/05/2015 THIRD SCHEDULE REQUIREMENTS FOR THE ISSUE OF THE MULTI-CREW PILOT LICENCE — AEROPLANE [regulation 52 (1)] 1. Training (1) In order to meet the requirements of the multi-crew pilot licence in the aeroplane category, the applicant shall have completed an approved training course. The training shall be competency-based and conducted in a multi-crew operational environment (2) During the training, the applicant shall have acquired the knowledge, skills and attitudes required as the underpinning attributes for performing as a co-pilot of a turbine-powered air transport aeroplane certificated for operation with a minimum crew of at least two pilots 2. Assessment level The applicant for the multi-crew pilot licence in the aeroplane category shall have satisfactorily demonstrated performance in all the nine competency units specified in 3, at the advanced level of competency as defined in the Level of Competency 3. Competency units The nine competency units that an applicant has to demonstrate in accordance regulation 52 (1), are as follows: (1) (2) (3) (4) (5) (6) (7) (8) (9) apply threat and error management (TEM) principles; perform aeroplane ground operations; perform take-off; perform climb; perform cruise; perform descent; perform approach; perform landing; and perform after-landing and aeroplane post-flight operations. 4. Simulated flight (1) The flight simulation training devices used to gain the experience specified in 54(5), shall have been approved by the Licensing Authority. (2) Flight simulation training devices shall be categorized as follows: (a) Type I. E-training and part tasking devices approved by the Licensing Authority that have the following characteristics: (i) involve accessories beyond those normally associated with desktop computers, such as functional replicas of a throttle quadrant, a sidestick controller, or an FMS keypad; and (ii) involve psychomotor activity with appropriate application of force and timing of responses. (b) Type II. A flight simulation training device that represents a generic turbine-powered aeroplane. (c) Type III. A flight simulation training device that represents a multi-engined turbine-powered aeroplane certificated for a crew of two pilots with enhanced daylight visual system and equipped with an autopilot. (d) Type IV. Fully equivalent to a Level D flight simulator or to a Level C flight simulator with an enhanced daylight visual system. 256 MULTI-CREW PILOT LICENCE — AEROPLANE LEVELS OF COMPETENCY Official Gazette nº 21bis of 25/05/2015 1. Core flying skills The level of competency at which the applicant shall have complied with the requirements for the private pilot licence specified in regulations 39 to 44, including night flight requirements, and, in addition, have completed, smoothly and with accuracy, all procedures and manoeuvres related to upset training and flight with reference solely to instruments. From the outset, all training is conducted in an integrated multi-crew, competency-based and threat and error management (TEM) environment. Initial training and instructional input levels are high as core skills are being embedded in the ab initio application. Assessment at this level confirms that control of the aeroplane is maintained at all times in a manner such that the successful outcome of a procedure or a manoeuvre is assured. 2. Level 1 (Basic) The level of competency at which assessment confirms that control of the aeroplane or situation is maintained at all times and insuch a manner that if the successful outcome of a procedure or manoeuvre is in doubt, corrective action is taken. Performance inthe generic cockpit environment does not yet consistently meet the Standards of knowledge, operational skills and level of achievement required in the core competencies. Continual training input is required to meet an acceptable initial operating standard. Specific performance improvement/personal development plans will be agreed and the details recorded. Applicants will be continuously assessed as to their suitability to progress to further training and assessment in successive phases. 3. Level 2 (Intermediate) The level of competency at which assessment confirms that control of the aeroplane or situation is maintained at all times and in such a manner that the successful outcome of a procedure or manoeuvre is assured. The training received at Level 2 shall be conducted under the instrument flight rules, but need not be specific to any one type of aeroplane. On completion of Level 2, theapplicant shall demonstrate levels of knowledge and operational skills that are adequate in the environment and achieves the basic standard in the core capability. Training support may be required with a specific development plan to maintain or improve aircraft handling, behavioural performance in leadership or team management. Improvement and development to attain the Standard is the key performance objective. Any core competency assessed as less than satisfactory should include supporting evidence and a remedial plan. 4. Level 3 (Advanced) The level of competency required to operate and interact as a co-pilot in a turbine-powered aeroplane certificated for operation with a minimum crew of at least two pilots, under visual and instrument conditions. Assessment confirms that control of the aeroplane or situation is maintained at all times in such a manner that the successful outcome of a procedure or manoeuvre is assured. The applicant shall consistently demonstrate the knowledge, skills and attitudes required for the safe operation of an applicable aeroplane type as specified in the performance criteria. 257 Official Gazette nº 21bis of 25/05/2015 FOURTH SCHEDULE EXPERIENCE REQUIREMENTS FOR ADDITION OF CATEGORY ON AIRCRAFT MAINTENANCE LICENCE [regulation 145] The table below shows the experience requirements for adding a new category or subcategory to an existing aircraft maintenance licence. The experience must be practical maintenance experience on operating aircraft in the category or subcategory relevant to the application. The experience requirement will be reduced by 50 % if the applicant has completed an approved training course relevant to the category or subcategory To A1 A2 A3 A4 B1.1 B1.2 B1.3 B1.4 B2 From A1 A2 A3 A4 B1.1 B1.2 B1.3 B1,4 B2 6 months 6 months 6 months None 6 months 6 months 6 months 6 months 6 months 6 months 6 months 6 months None 6 months 6 months 6 months 6 months 6 months 6 months 6 months 6 months None 6 months 6 months 6 months 6 months 6 months 6 months 6 months 6 months None 6 months 2 years 2 years 2 years 2 years 6 months 2 years 6 months 2 years 2 years 2 years 1 year 1 year 2 years 6 months 2 years 1 year 6 months 6 months 6 months 6 months 1 year 2 years 2 years 1 year 1 year 1 year 6 months 6 months 6 months 6 months 6 months 1 year 2 years 2 years 2 years 2 years 1 year 2 years 1 year 2 years (sé) Dr NZAHABWANIAMANA Alexis Minister of State in charge of Transport Seen and sealed with the Seal of the Republic: (sé) BUSINGYE Johnston Minister of Justice/Attorney General 258 Official Gazette nº 21bis of 25/05/2015 ANNEX VI TO THE MINISTERIAL REGULATIONS Nº 02/MOS/TRANS/015 OF 08/04/2015 IMPLEMENTING THE LAW Nº 75/2013 OF 11/09/2013 ESTABLISHING REGULATION GOVERNING CIVIL AVIATION CIVIL AVIATION (RULES OF THE AIR AND AIR TRAFFIC CONTROL) REGULATIONS 2015 ARRANGEMENT OF REGULATIONS Regulation 1. Citation and definitions. PART I – PRELIMINARY PART II - GENERAL RULES Protection of persons and property 2. 3. 4. 5. 6. 6A 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Compliance with the rules of the air and air traffic control. Negligent or reckless operation of aircraft. Low flying. Formation flights. Unmanned free balloons. Remotely piloted aircraft Acrobatic flight. Right-hand traffic rule. Prohibited areas and restricted areas Flights over game parks, game reserves and national parks. Cruising levels. Dropping, spraying, towing and parachute descents. Proximity to other aircraft. Right-of-way rules: air operations. Right of way rules: ground operations. Right-of-way rules: water operations. Lights to be displayed by aircraft. Failure of lights by night Conditions for lights to be displayed by an aircraft. Balloons, kites, airships, gliders and parascending parachutes. Captive balloons and kites. Airships. Anti Collision Light. Simulated instrument flight conditions. Practice instrument approaches. Aerodromes not having air traffic control units. Aerodromes having Air Traffic Control Units. Operations on or in the vicinity of a controlled aerodrome. Access to and Movement in the Manoeuvring Area. Flight plans 259 Official Gazette nº 21bis of 25/05/2015 Pre-flight action. Flight plan. Submission of a flight plan. Contents of a flight plan. Changes to a flight plan. Closing a flight plan. Signals Universal aviation signals. Distress signals. Urgency signals. Aircraft interception and interception signals. Visual signals to warn an unauthorized aircraft entering notified airspace. Signals for aerodrome traffic. Marshalling signals: signalman to a pilot. Marshalling signals: pilot to a signalman. Time. Air traffic control service Air traffic control clearances. Potential reclearance in flight. Adherence to air traffic control clearances. Route to be flown. Air traffic control clearance inadvertent changes. Air traffic control clearance: intended changes. Position reports. Air traffic control clearances for VFR flights. VFR flight within designated areas. Weather deterioration below VMC. Operation under IFR in controlled airspace malfunction reports. Communications. Communication failure: air-to- ground. Communication failure: ground-to-air. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. Unlawful interference and interception of aircraft 59. 60. Unlawful interference. Interception of civil aircraft. GENERAL RULES – Miscellaneous 61. 62. 63. 64. 65. 66. 67. Reporting of hazardous conditions. Altimeter settings. Classification of airspace. Authority of pilot-in-command of an aircraft. Weather limitations for VFR flights. Flight in Class A airspace. Co-ordination of activities potentially hazardous to civil aircraft. PART III - VISUAL FLIGHT RULES 68. 69. Visual meteorological conditions. VFR within a control zone. 260 Official Gazette nº 21bis of 25/05/2015 Minimum safe VFR altitudes. Choice of VFR or IFR. VFR outside and within controlled airspace. Changing from VFR to IFR. PART IV - INSTRUMENT FLIGHT RULES Aircraft equipment. IFR flights in controlled airspace. IFR flights outside controlled airspace. Minimum flight altitudes for IFR operations. Change from IFR flight to VFR flight. 70. 71. 72. 73. 74. 75. 76. 77. 78. _________ FIRSTSCHEDULE REMOTELY PILOTED AIRCRAFT SYSTEMS SECOND SCHEDULE UNMANNED FREE BALLOONS THIRD SCHEDULE LIGHTS TO BE DISPLAYED BY AEROPLANES 261 Official Gazette nº 21bis of 25/05/2015 THE CIVIL AVIATION (RULES OF THE AIR AND AIR TRAFFIC CONTROL) REGULATIONS, 2015 Citation 1. These Regulations may be cited as the Civil Aviation (Rules of the Air and Air Traffic Control) Regulations, 2015. PART I – PRELIMINARY When the following terms are used in these rgulations, they have the following meanings: Acrobatic flight. Manoeuvres intentionally performed by an aircraft involving an abrupt change in its attitude, an abnormal attitude, or an abnormal variation in speed. ADS-C agreement. A reporting plan which establishes the conditions of ADS-C data reporting (i.e. data required by the air traffic services unit and frequency of ADS-C reports which have to be agreed to prior to using ADS-C in the provision of air traffic services). Advisory airspace. An airspace of defined dimensions, or designated route, within which air traffic advisory service is available. Advisory route. A designated route along which air traffic advisory service is available. 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 control service. Air traffic control service for aerodrome traffic. Aerodrome control tower. A unit established to provide air traffic control service to aerodrome traffic. Aerodrome traffic. All traffic on the manoeuvring area of an aerodrome and all aircraft flying in the vicinity of an aerodrome. Aerodrome traffic zone. An airspace of defined dimensions established around an aerodrome for the protection of aerodrome traffic. 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. Aeronautical station (RR S1.81). A land station in the aeronautical mobile service. In certain instances, an aeronautical station may be located, for example, on board ship or on a platform at sea. Aeroplane. 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. Airborne collision avoidance system (ACAS). An aircraft system based on secondary surveillance radar (SSR) transponder signals which operates independently of ground- based equipment to provide advice to the pilot on potential conflicting aircraft that are equipped with SSR transponders. 262 Official Gazette nº 21bis of 25/05/2015 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-ground control radio station. An aeronautical telecommunication station having primary responsibility for handling communications pertaining to the operation and control of aircraft in a given area. Air-taxiing. Movement of a helicopter/VTOL above the surface of an aerodrome, normally in ground effect and at a ground speed normally less than 37 km/h (20 kt). Air traffic. All aircraft in flight or operating on the manoeuvring area of an aerodrome. Air traffic advisory service. A service provided within advisory airspace to ensure separation, in so far as practical, between aircraft which are operating on IFR flight plans. Air traffic control clearance. Authorization for an aircraft to proceed under conditions specified by an air traffic control unit. Air traffic control service. A service provided for the purpose of: a) preventing collisions: 1) between aircraft, and 2) on the manoeuvring area between aircraft and obstructions, and b) expediting and maintaining an orderly flow of air traffic. Air traffic control unit. A generic term meaning variously, area control centre, approach control unit or aerodrome control tower. 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 traffic services airspaces. Airspaces of defined dimensions, alphabetically designated, within which specific types of flights may operate and for which air traffic services and rules of operation are specified. Air traffic services reporting office. A unit established for the purpose of receiving reports concerning air traffic services and flight plans submitted before departure. Air traffic services unit. A generic term meaning variously, air traffic control unit, flight information centre or air traffic services reporting office. Airway. A control area or portion thereof established in the form of a corridor. Alerting service. A service provided to notify appropriate organizations regarding aircraft in need of search and rescue aid, and assist such organizations as required. Alternate aerodrome. An aerodrome to which an aircraft may proceed when it becomes either impossible or inadvisable to proceed to or to land at the aerodrome of intended landing where the necessary services and facilities are available, where aircraft performance requirements can be met and which is operational at the expected time of use. Alternate aerodromes include the following: 263 Official Gazette nº 21bis of 25/05/2015 Take-off alternate. An alternate aerodrome at which an aircraft would be able to land should this become necessary shortly after take-off and it is not possible to use the aerodrome of departure. En-route alternate. An alternate aerodrome at which an aircraft would be able to land in the event that a diversion becomes necessary while en route. Destination alternate. An alternate aerodrome at which an aircraft would be able to land should it become either impossible or inadvisable to land at the aerodrome of intended landing. Altitude. The vertical distance of a level, a point or an object considered as a point, measured from mean sea level (MSL). Approach control service. Air traffic control service for arriving or departing controlled flights. Approach control unit. A unit established to provide air traffic control service to controlled flights arriving at, or departing from, one or more aerodromes. Appropriate ATS authority. The relevant authority designated by the State responsible for providing air traffic services in the airspace concerned. Appropriate authority. a) Regarding flight over the high seas: The relevant authority of the State of Registry. b) Regarding flight other than over the high seas: The relevant authority of the State having sovereignty over the territory being overflown. 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. Area control centre. A unit established to provide air traffic control service to controlled flights in control areas under its jurisdiction. Area control service. Air traffic control service for controlled flights in control areas. 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. ATS route. A specified route designed for channelling the flow of traffic as necessary for the provision of air traffic services. Automatic dependent surveillance — broadcast (ADS-B). A means by which aircraft, aerodrome vehicles and other objects can automatically transmit and/or receive data such as identification, position and additional data, as appropriate, in a broadcast mode via a data link. Automatic dependent surveillance — contract (ADS-C). A means by which the terms of an ADS-C agreement will be exchanged between the ground system and the aircraft, via a data link, specifying under what conditions ADS-C reports would be initiated, and what 264 Official Gazette nº 21bis of 25/05/2015 data would be contained in the reports. Ceiling. The height above the ground or water of the base of the lowest layer of cloud below 6 000 metres (20 000 feet) covering more than half the sky. Changeover point. The point at which an aircraft navigating on an ATS route segment defined by reference to very high frequency omnidirectional radio ranges is expected to transfer its primary navigational reference from the facility behind the aircraft to the next facility ahead of the aircraft. Clearance limit. The point to which an aircraft is granted an air traffic control clearance. Command and control (C2) link. The data link between the remotely piloted aircraft and the remote pilot station for the purposes of managing the flight. Control area. A controlled airspace extending upwards from a specified limit above the earth. Controlled aerodrome. An aerodrome at which air traffic control service is provided to aerodrome traffic. Controlled airspace. An airspace of defined dimensions within which air traffic control service is provided in accordance with the airspace classification. Controlled flight. Any flight which is subject to an air traffic control clearance. Controller-pilot data link communications (CPDLC). A means of communication between controller and pilot, using data link for ATC communications. Control zone. A controlled airspace extending upwards from the surface of the earth to a specified upper limit. Cruise climb. An aeroplane cruising technique resulting in a net increase in altitude as the aeroplane mass decreases. Cruising level. A level maintained during a significant portion of a flight. Current flight plan. The flight plan, including changes, if any, brought about by subsequent clearances. Danger area. An airspace of defined dimensions within which activities dangerous to the flight of aircraft may exist at specified times. Data link communications. A 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. Estimated off-block time. The estimated time at which the aircraft will commence movement associated with departure. Estimated time of arrival. For IFR flights, the time at which it is estimated that the aircraft will arrive over that designated point, defined by reference to navigation aids, from which it is intended that an instrument approach procedure will be commenced, or, if no 265 Official Gazette nº 21bis of 25/05/2015 navigation aid is associated with the aerodrome, the time at which the aircraft will arrive over the aerodrome. For VFR flights, the time at which it is estimated that the aircraft will arrive over the aerodrome. Expected approach time. The time at which ATC expects that an arriving aircraft, following a delay, will leave the holding fix to complete its approach for a landing. Filed flight plan. The flight plan as filed with an ATS unit by the pilot or a designated representative, without any subsequent changes. Flight crew member. A licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period. Flight information centre. A unit established to provide flight information service and alerting service. Flight information region. An airspace of defined dimensions within which flight information service and alerting service are provided. Flight information service. A service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights. 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. Flight plan. Specified information provided to air traffic services units, relative to an intended flight or portion of a flight of an aircraft. Flight visibility. The visibility forward from the cockpit of an aircraft in flight. Ground visibility. The visibility at an aerodrome as reported by an accredited observer or by automatic systems. Heading. The direction in which the longitudinal axis of an aircraft is pointed, usually expressed in degrees from North (true, magnetic, compass or grid). Height. The vertical distance of a level, a point or an object considered as a point, measured from a specified datum. IFR. The symbol used to designate the instrument flight rules. IFR flight. A flight conducted in accordance with the instrument flight rules. IMC. The symbol used to designate instrument meteorological conditions. Instrument approach operations. An approach and landing using instruments for navigation guidance based on an instrument approach procedure. There are two methods for executing instrument approach operations: a) a two-dimensional (2D) instrument approach operation, using lateral navigation guidance only; and b) a three-dimensional (3D) instrument approach operation, using both lateral and vertical navigation guidance. 266 Official Gazette nº 21bis of 25/05/2015 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 completed and thereafter, if a landing is not completed, to a position at which holding or en-route obstacle clearance criteria apply. Instrument approach procedures are classified as follows: Non-precision approach (NPA) procedure. An instrument approach procedure designed for 2D instrument approach operations Type A. Approach procedure with vertical guidance (APV). A performance-based navigation (PBN) instrument approach procedure designed for 3D instrument approach operations Type A. Precision approach (PA) procedure. An instrument approach procedure operationbased on navigation systems (ILS, MLS, GLS and SBAS Cat I) designed for 3D instrument approach operations Type A or B. Instrument meteorological conditions. 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. Level. A generic term relating to the vertical position of an aircraft in flight and meaning variously, height, altitude or flight level. Manoeuvring 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 manoeuvring area and the apron(s). Operator. A person, organization or enterprise engaged in or offering to engage in an aircraft operation. 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. Pressure-altitude. An atmospheric pressure expressed in terms of altitude which corresponds to that pressure in the Standard Atmosphere.* Problematic use of substances. The use of one or more psychoactive substances by aviation personnel in a way that: a) constitutes a direct hazard to the user or endangers the lives, health or welfare of others; and/or b) causes or worsens an occupational, social, mental or physical problem or disorder. 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. 267 Official Gazette nº 21bis of 25/05/2015 Psychoactive substances. Alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded. Radiotelephony. A form of radiocommunication primarily intended for the exchange of information in the form of speech. Remote pilot. A person charged by the operator with duties essential to the operation of a remotely piloted aircraft and who manipulates the flight controls, as appropriate, during flight time. Remote pilot station. The component of the remotely piloted aircraft system containing the equipment used to pilot the remotely piloted aircraft. Remotely piloted aircraft (RPA). An unmanned aircraft which is piloted from a remote pilot station. Remotely piloted aircraft system (RPAS). A remotely piloted aircraft, its associated remote pilot station(s), the required command and control links and any other components as specified in the type design. Repetitive flight plan (RPL). A flight plan related to a series of frequently recurring, regularly operated individual flights with identical basic features, submitted by an operator for retention and repetitive use by ATS units. Reporting point. A specified geographical location in relation to which the position of an aircraft can be reported. 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. RPA observer. A trained and competent person designated by the operator who, by visual observation of the remotely piloted aircraft, assists the remote pilot in the safe conduct of the flight. 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. Safety-sensitive personnel. Persons who might endanger aviation safety if they perform their duties and functions improperly including, but not limited to, crew members, aircraft maintenance personnel and air traffic controllers. Signal area. An area on an aerodrome used for the display of ground signals. Special VFR flight. A VFR flight cleared by air traffic control to operate within a control zone in meteorological conditions below VMC. Taxiing. Movement of an aircraft on the surface of an aerodrome under its own power, excluding take-off and landing. 268 Official Gazette nº 21bis of 25/05/2015 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: a) Aircraft stand taxilane. A portion of an apron designated as a taxiway and intended to provide access to aircraft stands only. b) Apron taxiway. A portion of a taxiway system located on an apron and intended to provide a through taxi route across the apron. c) 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 control area. A control area normally established at the confluence of ATS routes in the vicinity of one or more major aerodromes. Total estimated elapsed time. For IFR flights, the estimated time required from take-off to arrive over that designated point, defined by reference to navigation aids, from which it is intended that an instrument approach procedure will be commenced, or, if no navigation aid is associated with the destination aerodrome, to arrive over the destination aerodrome. For VFR flights, the estimated time required from take-off to arrive over the destination aerodrome. 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). Traffic avoidance advice. Advice provided by an air traffic services unit specifying manoeuvres to assist a pilot to avoid a collision. Traffic information. Information issued by an air traffic services unit to alert a pilot to other known or observed air traffic which may be in proximity to the position or intended route of flight and to help the pilot avoid a collision. Transition altitude. The altitude at or below which the vertical position of an aircraft is controlled by reference to altitudes. Unmanned free balloon. A non-power-driven, unmanned, lighter-than-air aircraft in free flight. VFR. The symbol used to designate the visual flight rules. VFR flight. A flight conducted in accordance with the visual flight rules. Visibility. Visibility for aeronautical purposes is the greater of: a) 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; b) the greatest distance at which lights in the vicinity of 1 000 candelas can be seen and identified against an unlit background. Visual line-of-sight (VLOS) operation. An operation in which the remote pilot or RPA observer maintains direct unaided visual contact with the remotely piloted aircraft. Visual meteorological conditions. Meteorological conditions expressed in terms of 269 2. Compliance with the rules of the air and air traffic control Official Gazette nº 21bis of 25/05/2015 visibility, distance from cloud, and ceiling, equal to or better than specified minima. VMC. The symbol used to designate visual meteorological conditions. PART II - GENERAL RULES (1) (2) (3) Every person and every aircraft including State Aircraft shall comply with these Regulations. Every aircraft bearing nationality and registration marks of Rwanda shall comply with these Regulations when outside of Rwanda, to the extent that they do not conflict with the rules published by the State having jurisdiction over the territory overflown Subject to the provisions of sub-regulation (4), it shall be an offence to contravene, to permit the contravention of, or to fail to comply with, these Regulations. (4) The pilot-in-command, whether manipulating the controls or not, shall be responsible for the operation of the aircraft in accordance with these Regulations, except that he may depart from them in the interest of safety to the extent necessary: (a) (b) to avoid immediate danger or in an emergency situation; to comply with the law of any State other than Rwanda within which the aircraft then is; (5) If any departure from these Regulations is made for the purpose of avoiding immediate danger or in an emergency situation, the pilot-in-command shall cause written particulars of the departure, and of the circumstances giving rise to it, to be given without delay, and in any case within ten days thereafter, to the competent authority of the State in whose territory the departure was made with a copy of it to the Authority and the State of the Operator, and in the case of Rwandan aircraft the departure was made over the high seas, to the Authority. (6) Nothing in these Regulations shall exonerate any person from the consequences of any neglect in the use of lights or signals or of the neglect of any precautions required by ordinary aviation practice or by the special circumstances of the case. (7) The Authority may, for the purpose of promoting the safety of aircraft make rules as to special signals and other communications to be made by or on an aircraft, as to the course on which and the height at which an aircraft shall fly and as to any other precautions to be observed in relation to the navigation and control of aircraft which the Authority may consider expedient for the purpose aforesaid and no aircraft shall fly in contravention of any such rules. (8) For the purposes of flight over those parts of the high seas where a Contracting State has accepted, pursuant to a regional air navigation agreement, the responsibility of providing air traffic services (ATS), the “appropriate ATS authority” referred to in these Regulations is the relevant authority designated by the State responsible for providing those services. Protection of persons and property Negligent or reckless operation of aircraft 3. A person shall not operate an aircraft willfully, negligently or recklessly in a manner so as to endanger life or property of others. Low flying 4. (1) Subject to the provisions of sub-regulations (2) and (3): (a) an aircraft, other than a helicopter, shall not fly over any congested area of a city, town or settlement below: (i) such height as would enable the aircraft to alight clear of the area and without danger to persons or property on the surface, in the event of 270 Official Gazette nº 21bis of 25/05/2015 failure of a power unit; or (ii) a height of 300 m (1,000 ft) above the highest fixed object within 600 metres of the aircraft; whichever is the higher; a helicopter shall not fly below such height as would enable it to alight without danger to persons or property on the surface, in the event of failure of a power unit; except with the permission in writing of the Authority and in accordance with any condition therein specified, a helicopter shall not fly over a congested area of a city, town or settlement below a height of 300 m (1,000 ft) above the highest fixed object within 600 metres of the helicopter; an aircraft shall not fly: (i) over, or within 1,000 metres of any assembly in the open air of more than 1,000 persons assembled for the purpose of witnessing or participating in any organised event, except with the permission in writing of the Authority and in accordance with any conditions therein specified and with the consent in writing of the organizers of the event; or (ii) below such height as would enable it to land clear of the assembly in the event of the failure of a power unit or if such an aircraft is towing a banner the height shall be calculated on the basis that the banner shall not be dropped within 1000 metres of the assembly: provided that where a person is charged with an offence under these Regulations by reason of a contravention of this sub-regulation, it shall be a good defence to prove that the flight of the aircraft over, or within 1,000 metres of the assembly was made at a reasonable height and for a reason not connected with the assembly or with the event which was the occasion for the assembly; and an aircraft shall not fly less than 150 m (500 ft) above ground or water. The provisions of sub-regulations 1(d) and (e) shall not apply to an aircraft which is being used for police purposes; (b) (c) (d) (e) (a) (2) (b) the provisions of sub-regulation 1(e) shall not apply to an aircraft which is being used for aerial work operations related to agriculture, horticulture, or forest preservation in accordance with the operating provisions of the (Aerial Work) Regulations; (c) the provisions of sub-regulations 1(d) and (e) shall not apply to the flight of an aircraft over or within 1,000 metres of an assembly of persons gathered for the purpose of witnessing an event which consists wholly or principally of an aircraft race contest or an exhibition of flying, if the aircraft is taking part in such a race, contest or exhibition or is engaged in a flight arranged by, or made with the consent in writing of, the organizers of the event, and the races, contest, exhibition or flight is approved by the Authority; (d) the provisions of sub-regulation 1(a) shall not apply to: (i) aircraft while it is landing or taking-off in accordance with normal aviation practice; (ii) glider while it is hill-soaring. (3) Nothing in this regulation shall prohibit any aircraft from: (a) taking off, landing or practising approaches to landing; or (b) flying for the purpose of checking navigational aids or procedures in accordance with normal aviation practice at a licenced or certificated aerodrome in Rwanda or at any aerodrome in any other State; or (c) flying in such a manner as may be necessary for the purpose of saving life: provided that in the case of practising approaches to landing, such practising is 271 Official Gazette nº 21bis of 25/05/2015 confined to the airspace customarily used by aircraft when landing or taking off in accordance with normal aviation practice at the aerodrome concerned. The provisions of this regulation shall not apply to any captive balloon or kite. (4) Formation flights 5. A person shall not fly an aircraft in a formation flight except by pre-arrangement among the pilots-in-command of the aircraft taking part in the flight and, for formation flight in controlled airspace, in accordance with the conditions prescribed by the appropriate air traffic services authority, which conditions shall include: (a) (b) (c) the formation operates as a single aircraft with regard to navigation and position reporting; separation between aircraft in the flight shall be the responsibility of the flight leader and the pilots-in-command of the other aircraft in the flight and shall include periods of transition when aircraft are manoeuvring to attain their own separation within the formation flight and during join-up and break-away; and a distance not exceeding 1 km (0.5 nm) laterally and longitudinally and 30 m (100 ft) vertically from the flight leader shall be maintained by each aircraft. Unmanned free balloons 6. An unmanned free balloon shall be operated in such a manner as to minimize hazards to persons, property or other aircraft and in accordance with the conditions specified in First Schedule Remotely piloted aircraft 6A. A remotely piloted aircraft shall be operated in such a manner as to minimize hazards to persons, property or other aircraft and in accordance with the conditions specified in First Schedule. Acrobatic flight 7. A person shall not operate an aircraft in acrobatic flight except under conditions prescribed by the Authority and as indicated by relevant information, advice or clearance from the appropriate air traffic services unit. Right-hand traffic rule 8. A person flying an aircraft within Rwanda in sight of the ground and following a road, railway, canal or coastline, or any other line of landmarks, shall keep such line of landmarks on his left. Prohibited and restricted areas 9. A person shall not operate an aircraft in a prohibited area or a restricted area, the particulars of which have been duly published, except in accordance with the conditions of the restrictions or by permission of the Government of Rwanda and the States over whose territory the areas are established. Flights over game parks, game reserves and national parks 10. A person shall not operate an aircraft except for the purpose of take-off or landing below 455 m (1,500 ft), above ground level when operating the aircraft over game parks, game reserves and national parks. Cruising levels 11. (1) Cruising levels at which a flight or a portion of a flight is to be conducted shall be in terms of: (a) flight levels, for flights at or above the lowest usable flight level or, where applicable, above the transition altitude; (b) altitudes, for flights below the lowest usable flight level or, where applicable, at or below the transition altitude. (2) Subject to sub-regulation (5), in order to comply with instrument flight rules (IFR), an aircraft when in level flight at or above 300 m (1,000 ft) over land or water within controlled airspace shall be flown at a level appropriate to its magnetic track as specified in regulation 75. 272 Official Gazette nº 21bis of 25/05/2015 (3) Subject to sub-regulation (5), in order to comply with IFR, an aircraft when in level flight at or above 300 m (1,000 ft) over land or water outside controlled airspace shall be flown at a level appropriate to its magnetic track, in accordance with Table 1. (4) Except where otherwise indicated in air traffic control clearances or specified by the Authority, visual flight rules (VFR) flights in level cruising flight when operated at or above 300 m (1000 ft) from the ground or water shall be conducted at a flight level appropriate to its magnetic track in accordance with Table 1. (5) The level of flight shall be measured by an altimeter set according to the system notified, or in the case of flight over a state other than Rwanda, otherwise published by the competent authority, in relation to the area over which the aircraft is flying. (6) An aircraft may be flown in conformity with instructions given by an air traffic control unit or in accordance with notified en-route holding patterns or in accordance with holding procedures notified in relation to an aerodrome. TABLE 1 –TABLE OF CRUISING LEVELS -NON RVSM AIRSPACE 12. Dropping, spraying, towing and parachute descents A person shall not: (a) drop any article, substance or spray any substance from an aircraft in flight; tow an aircraft or other object; or (b) (c) make a parachute descent other than an emergency descent, except in accordance with conditions prescribed by the Authority and as indicated by relevant information, advice and clearance from the appropriate air traffic services unit. 273 Proximity to other aircraft Right-of-way rules: air operations 13. 14. Official Gazette nº 21bis of 25/05/2015 A person shall not operate an aircraft in such proximity to other aircraft as to create a collision hazard. (1) The pilot-in-command of an aircraft that has the right-of-way shall maintain the aircraft’s heading and speed, but nothing in these Regulations shall relieve the pilot-in-command from the responsibility of taking such action, including collision avoidance manoeuvres based on resolution advisories provided by airborne collision avoidance system (ACAS) equipment, as will best avert collision. (2) A pilot operating an aircraft shall maintain vigilance so as to see and avoid other aircraft, and where this regulation gives another aircraft the right-of-way, the pilot shall give way to that aircraft and shall not pass over, under, or ahead of it unless well clear and taking into account the effect of aircraft wake turbulence. (3) An aircraft in distress has the right-of-way over all other air traffic. (4) When two aircraft are converging at approximately the same level, the aircraft that has the other on its right shall give way, except as follows: (a) power-driven heavier-than-air aircraft shall give way to airships, gliders and balloons; (b) airships shall give way to gliders and balloons; (c) gliders shall give way to balloons; (d) power-driven aircraft shall give way to aircraft which are seen to be towing other aircraft or objects. (5) An aircraft towing or refueling other aircraft has the right-of-way over all other engine-driven aircraft, except aircraft in distress. (6) Where two aircraft are approaching head-on or nearly so, and there is danger of collision, each pilot shall alter course to the right. (7) An aircraft that is being overtaken has the right-of-way and the overtaking aircraft, whether climbing, descending or in horizontal flight, shall keep out of the way of the other aircraft by altering its heading to the right, and no subsequent change in the relative positions of the two aircraft shall absolve the overtaking aircraft from this obligation until it is entirely past and clear. (8) In sub-regulations 14(7) and 15(5), “overtaking aircraft” means an aircraft that approaches another from the rear on a line forming an angle of less than 70 degrees with the plane of symmetry of the latter, i.e. is in such a position with reference to the other aircraft that at night it should be unable to see either of the aircraft’s left (port) or right (starboard) navigation lights. (9) An aircraft in flight, or operating on the ground or water, shall give way to aircraft landing or in the final stages of an approach to land. (10) When two or more heavier-than-air aircraft are approaching an aerodrome for the purpose of landing, aircraft at the higher level shall give way to aircraft at the lower level, but the latter shall not take advantage of this rule to cut in front of another which is in the final stages of an approach to land, or to overtake that aircraft, provided that: (a) when an air traffic control unit has communicated to any aircraft an order of priority for landing, the aircraft shall approach to land in that order; and (b) when the pilot-in-command of an aircraft is aware that another aircraft is making an emergency landing, the pilot-in-command shall give way to that aircraft , and notwithstanding that he may have received permission to land, shall not attempt to land until he has received further permission to do so; and provided further that power-driven heavier-than-air aircraft shall give way to gliders. Right of way rules: ground operations 15. (1) This regulation shall apply to aircraft and vehicles on the movement area of a land aerodrome. 274 Official Gazette nº 21bis of 25/05/2015 (2) Notwithstanding any air traffic control clearances, it shall remain the duty of the pilot-in-command of an aircraft to take all possible measures to ensure that his aircraft does not collide with any other aircraft or with any vehicle. (3) Emergency vehicles proceeding to the assistance of aircraft in distress shall be afforded priority over all other surface movement traffic. (4) (a) Aircraft and vehicles shall give way to aircraft which are taking off or about to take off or landing or about to land; (b) aircraft taxiing on the manoeuvring area shall stop and hold at all runway- holding positions unless otherwise authorized by the aerodrome control tower; (5) (d) (c) aircraft taxiing on the manoeuvring area shall stop and hold at all lighted stop bars and may proceed further when the lights are switched off; vehicles towing aircraft shall give way to aircraft which are landing, taking off or taxing; vehicles which are not towing aircraft shall give way to aircraft; and vehicles shall give way to other vehicles towing aircraft. (e) (f) Subject to the provisions of sub-regulation (4) and of regulation 19(4), in case of danger of collision between two aircraft taxiing on the movement area: (a) when two aircraft are approaching head-on or approximately so, each aircraft shall stop or where practicable alter its course to the right so as to keep well clear; when the two aircraft are on converging course, the one which has the other on its right shall give way to the other and shall avoid crossing ahead of the other unless passing well clear of it; an aircraft which is being overtaken shall have the right-of-way, and the overtaking aircraft shall keep out of the way of the other aircraft by altering its course to the left until that other aircraft has been passed and is clear, notwithstanding any change in the relative position of the two aircraft. (b) (c) Right-of-way rules: water operations 16. (6) Subject to the provisions of sub-regulation (4)(d) a vehicle shall: (a) (b) overtake another vehicle so that the other vehicle is on the left of the overtaking vehicle; keep to the left when passing another vehicle which is approaching head- on or approximately so. (1) A person operating an aircraft on the water shall, in so far as possible, keep clear of all vessels and avoid impeding their navigation, and shall give way to any vessel or other aircraft that is given the right-of-way by this regulation. (2) Where aircraft, or an aircraft and a vessel, are on crossing courses, the aircraft or vessel to the other's right has the right-of-way. (3) Where aircraft, or an aircraft and a vessel, are approaching head-on, or nearly so, each shall alter its heading to the right to keep well clear. (4) An aircraft or vessel that is being overtaken has the right-of-way, and the one overtaking shall alter its heading to keep well clear. (5) When aircraft, or an aircraft and a vessel, approach so as to involve risk of collision, each aircraft or vessel shall proceed with careful regard to existing circumstances, including the limitations of the respective craft. Lights to be displayed by aircraft 17. An aircraft shall be equipped with lights which meet the following requirements: (a) aeroplanes in flight or operating on the movement area of an aerodrome shall have intensities, colours, fields of coverage and other characteristics such that they furnish the pilot of another aircraft or personnel on the ground with as much time as possible for interpretation and for subsequent manoeuvre necessary to avoid a collision; (b) for aeroplanes, the specifications detailed in re contained in Third Schedule. 275 Official Gazette nº 21bis of 25/05/2015 Failure of lights by night 18. In the event of the failure of any light which is required by these Regulations to be displayed at night, if the light cannot be immediately repaired or replaced the pilot-in- command shall not depart from the aerodrome and, if in flight, shall land as soon as in his opinion he can safely do so, unless authorized by the appropriate air traffic control unit to continue the flight. 19. Conditions for lights to be displayed by an aircraft. (1) Except as provided by sub-regulation (5), a pilot-in-command when operating an aircraft during the period from sunset to sunrise or any other period which may be prescribed by the appropriate authority shall display: (a) anti-collision lights intended to attract attention to the aircraft; and (b) navigation lights intended to indicate the relative path of the aircraft to an observer and other lights shall not be displayed if they are likely to be mistaken for these lights. (2) Except as provided by sub-regulation (5), from sunset to sunrise or during any other period prescribed by the appropriate authority: (a) all aircraft moving on the movement area of an aerodrome shall display navigation lights intended to indicate the relative path of the aircraft to an observer and other lights shall not be displayed if they are likely to be mistaken for these lights; unless stationary and otherwise adequately illuminated, all aircraft on the movement area of an aerodrome shall display lights intended to indicate the extremities of their structure; (b) (c) all aircraft operating on the movement area of an aerodrome shall display lights intended to attract attention to the aircraft; and (d) all aircraft on the movement area of an aerodrome whose engines are running shall display lights which indicate that fact. (3) Except as provided by sub-regulation (5), all aircraft in flight and fitted with anti- collision lights to meet the requirement of sub-regulation(1)(a) shall display such lights also outside the period specified in sub-regulation (1) (4) Except as provided by sub-regulation (5), all aircraft: (a) operating on the movement area of an aerodrome and fitted with anti-collision lights to meet the requirement of sub-regulation (2)(c); or (b) on the movement area of an aerodrome and fitted with lights to meet the requirement of sub-regulation (2)(d); shall display such lights also outside the period specified in sub-regulation (2). (5) A pilot-in-command shall be permitted to switch off or reduce the intensity of any flashing lights fitted to meet the requirements of sub-regulations (1), (2), (3) and (4) if they do or are likely to: (a) adversely affect the satisfactory performance of duties; or (b) subject an outside observer to harmful dazzle. (6) Between sunset and sunrise or such other period between sunset and sunrise as may be prescribed by the appropriate authority, all aircraft on the water shall display lights as required by the International Regulations for Preventing Collisions at Sea (revised 1972) unless it is impractical for them to do so, in which case they shall display lights as closely similar as possible in characteristics and position to those required by the International Regulations. Balloons, kites, airships, gliders and parascending parachutes 20. (1) A person shall not, within Rwanda: (a) fly a captive balloon or kite at a height of more than 60 m (200 ft) above the ground level or within 60 m (200 ft) of any vessel, vehicle or structure; (b) fly a captive balloon within 3 nautical miles of an aerodrome; (c) fly a balloon exceeding 1,83 m (6 ft) in any linear dimension at any stage of its flight, including any basket or other equipment attached to the balloon, in controlled airspace; 276 Captive balloons and kites Official Gazette nº 21bis of 25/05/2015 (d) fly a kite within 3 nautical miles of an aerodrome; (e) moor an airship; (f) fly a free balloon at night; or (g) launch a glider or parascending parachute by winch and cable or by ground tow to a height of more than 60 metres above ground level; without the permission in writing of the Authority, and in accordance with any conditions subject to which the permission may be granted. (2) A captive balloon when in flight shall not be left unattended unless it is fitted with a device which ensures automatic deflation if it breaks. 21. (1) A captive balloon or kite while flying at night at a height exceeding 60 m (200 ft) above the surface shall display lights as follows: (a) (b) (c) a group of two steady lights consisting of a white light placed 3,65 m (12 ft) above a red light, both being of at least five candelas and showing in all directions, the white light being placed not less than 4,55 m (15 ft) or more than 9 m (30 ft) below the basket, or, if there is no basket, below the lowest part of the balloon or kite; on the mooring cable, at intervals of not more than 300 m (1,000 ft) measured from the group of lights referred to in sub-paragraph (a), groups of two lights of the colour and power and in the relative positions specified in that paragraph, and, if the lowest group of lights is obscured by cloud, an additional group below the cloud base; on the surface, a group of three flashing lights arranged in a horizontal plane at the apexes of a triangle, approximately equilateral, each side of which measured at least 24,5 m (80 ft), one side of the triangle shall be approximately at right angles to the horizontal projection of the cable and shall be delimited by two red lights, the third light shall be a green light so placed that the triangle encloses the object on the surface to which the balloon or kite is moored. (2) A captive balloon while flying by day at a height exceeding 60 m (200 ft) above the surface shall have attached to its mooring cable at intervals of not more than 185 m (600 ft) measured from the basket, or, if there is no basket, from the lowest part of the balloon, tubular streamers not less than 40 cm (16 inches) in diameter and 1.83 m (6 ft) in length, and marked with alternate bands of red and white 50 cm (20 inches) wide. (3) A kite flown in the circumstances referred to in sub-regulation (2) shall have attached to its mooring cable either- (a) (b) tubular streamers as specified in sub-regulation (2); or at intervals of not more than 90 m (300 ft) measured from the lowest part of the kite, not less than thirty streamers of 80 cm (32 inches) long and 30 cm (1 ft) wide at their widest part and marked with alternate bands of red and white 10 cm (4 inches) wide. Airships 22. (1) Except as provided in sub-regulation (2), an airship while flying at night shall display the following steady lights- (a) a white light of at least five candelas showing through angles of 110 degrees from dead ahead to each side in the horizontal plane; a green light of at least five candelas showing to the starboard side through an angle of 110 degrees from dead ahead in the horizontal plane; a red light of at least five candelas showing to the port side through an angle of 110 degrees from dead ahead in the horizontal plane; and a white light of at least five candelas showing through angles of 70 degrees from dead ahead astern to each side in the horizontal plane. (b) (c) (d) (2) An airship while flying at night shall display, if it is not under command, or has its engines voluntarily stopped, or is being towed, the following steady lights: 277 Official Gazette nº 21bis of 25/05/2015 (a) (b) (c) the white lights referred to in su-regulations (1)(a) and (1)(d) of sub- regulation (1); two red lights, each of at least five candles and showing in all directions suspended below the control car so that one is at least 3,65 m (12 ft) above the other and at least 7,6 m (25 ft) below the control car; and if an airship is making way but not otherwise, the green and red lights referred to in sub-regulations (1)(b) and (10)(c): provided that an airship while picking up its moorings, notwithstanding that it is not under command, shall display only the lights specified in sub-regulation (1). (3) An airship, while moored within Rwanda by night, shall display the following lights: (a) (b) when moored to a mooring mast, at or near the rear, a white light of at least five candelas showing in all directions; and a white light of at least five candelas showing through angles of 70 degrees from dead astern to each side in the horizontal plane. (4) An airship while flying by day, if it is not under command, or has its engines voluntarily stopped, or is being towed, shall display two black balls suspended below the control car so that one is at least 3,65 m (12 ft) above the other and at least 7,6 m (25 ft) below the control car. Anti Collision Light Simulated instrument flight conditions (5) For the purpose of this regulation: (a) (b) an airship shall be deemed not to be under command when it is unable to execute a manoeuvre which it may be required to execute by or under these Regulations; an airship shall be deemed to be making way when it is not moored and is in motion relative to the air. 23. (1) When operating by day, an aircraft fitted with an anti-collision light shall display such light in flight. (2) An aircraft shall display, when stationary on the apron by day or night with engines running, a red anti-collision light when fitted. (3) When operating by night all aircraft shall display anti-collision lights, intended to attract attention to the aircraft. (4) When operating an anti-collision light, the light shall be a flashing or rotating red light which shall show in all directions within 30 degrees above and 30 degrees below the horizontal plane of the aircraft. In the event of a failure of anti-collision light when flying by day, an aircraft may continue to fly provided that the light is repaired at the earliest practicable opportunity. (5) 24. (1) A person shall not operate an aircraft in simulated instrument flight conditions unless: (a) (b) (c) that aircraft has fully functioning dual controls; a qualified pilot occupies a control seat to act as safety pilot for the person who is flying under simulated instrument conditions; the safety pilot has adequate vision forward and to each side of the aircraft, or a competent observer in communication with the safety pilot shall occupy a position in the aircraft from which the observer’s field of vision adequately supplements the vision of the safety pilot. (2) A person shall not engage in simulated instrument flight conditions during commercial air transport operations. Practice instrument approaches 25. Within Rwanda, an aircraft shall not carry out instrument approach practices when flying in visual meteorological conditions (VMC) unless: (a) the appropriate air traffic control unit has previously been informed that the flight is to be made for the purpose of instrument approach practice; 278 Aerodromes not having air traffic control units 26. 27. Aerodromes having Air Traffic Control Units Official Gazette nº 21bis of 25/05/2015 (b) and if the flight is not being carried out in simulated instrument flight conditions, an observer approved by the Authority is carried in such a position in the aircraft that he has an adequate field of vision and can readily communicate with the pilot flying the aircraft. (1) A person shall not fly within a zone which the pilot-in-command knows or ought reasonably to know to be the aerodrome traffic zone of an aerodrome which does not have an air traffic control unit, except for the purpose of taking off, landing or observing the signals in the signals area with a view to landing, and an aircraft flying within such a zone for the purpose of observing the signals shall remain clear of cloud and at least 150 m (500 ft) above the level of the aerodrome. (2) The pilot-in-command flying in the zone referred to in sub-regulations 26(1) or 27(1) or moving on such an aerodrome shall: (a) observe other aerodrome traffic for the purpose of avoiding collision; (b) conform with or avoid the pattern of traffic formed by other aircraft in operation; (c) make all turns to the left, when approaching for a landing and after taking (d) off, unless otherwise instructed; and take off and land into the wind, unless safety, the runway configuration, or air traffic considerations determine that a different direction is preferable.. (3) A person shall not land an aircraft on a runway at such an aerodrome unless the runway is clear of other aircraft. (4) Where takeoffs and landings are not confined to a runway: (a) an aircraft when landing shall leave clear on its left any aircraft which has already landed or is already landing or is about to take off, and if such aircraft is obliged to turn, it shall turn to the left after the pilot-in- command of the aircraft has satisfied himself that such action will not interfere with other traffic movements; and (b) an aircraft about to take off shall take up position and manoeuvre in such a way as to leave clear on its left any aircraft which is already taking off or is about to take off. (5) An aircraft after landing shall move clear of the landing area in use as soon as it is possible to do so. (1) A pilot-in-command shall not fly the aircraft within a zone which the pilot-in- command knows or ought reasonably to know to be the aerodrome having an air traffic control unit except for the purpose of taking off, landing or observing the signals area with a view to landing, unless the pilot-in-command has the permission of the appropriate air traffic control unit. (2) The pilot-in-command flying in the aerodrome traffic zone of an aerodrome having an air traffic control unit or moving on the manoeuvring area of such an aerodrome shall, in addition to the requirements of sub-regulation 26(2): (a) cause a continuous watch to be maintained on the appropriate radio frequency notified for air traffic control communications at the aerodrome, or if this is not possible, cause a watch to be kept for such instructions as may be issued by visual means; and (b) not taxi, take off or land except with the permission of the air traffic control unit. 28. Operations on or in the vicinity of a controlled aerodrome. (1) A person shall not operate an aircraft to, from, through, or on an aerodrome having an operational control tower unless two-way communications are maintained between that person and the control tower. (2) When arriving at an aerodrome, a pilot-in-command shall establish communications required by sub-regulation (1) on prior to four nautical miles from 279 Official Gazette nº 21bis of 25/05/2015 the aerodrome when operating from the surface up to and including 76,5 m (2,500 ft). (3) When departing from an aerodrome, a pilot-in-command shall establish communications with the control tower prior to taxi. (4) A person shall not, at any aerodrome with an operating control tower, operate an aircraft on a runway or taxiway or takeoff or land an aircraft, unless an appropriate clearance has been received from the air traffic control unit. (5) A clearance to taxi to – (a) (b) the takeoff runway: (i) (ii) authorizes the pilot-in-command to cross other runways during the is not a clearance to cross or taxi on to that runway; and taxi to the assigned runway; any other point on the aerodrome is a clearance to cross all runways that intersect the taxi route to the assigned point. (6) If the radio fails or two-way communication is lost, a pilot-in-command may continue a VFR flight operation and land if: (a) (b) the weather conditions are at or above basic VFR minimums; and clearance to land is received by light signals. (7) During IFR operations, the two-way communications failure procedures prescribed in regulation 57 shall apply. (1) A person shall not enter or drive a vehicle on the manoeuvring area of an aerodrome without the permission of the aerodrome control tower in the case of a controlled aerodrome, or in the case of an uncontrolled aerodrome, the person in charge of the aerodrome, and in accordance with any conditions subject to which that permission may have been granted. (2) A person shall not move, or move a vehicle on the manoeuvring area of an aerodrome having an air traffic control unit without the permission of that unit and in accordance with any conditions subject to which that permission may have been granted. (3) Any permission granted for the purpose of this regulation may be granted either in respect of persons or vehicles generally or in respect of any particular person or vehicle or any class of persons or vehicles. Flight plans 29. Access to and Movement in the Manoeuvring Area Pre-flight action 30. (1) A pilot-in-command shall, before commencing a flight, be familiar with all available information appropriate to the intended operation. (2) Pre-flight action by a pilot-in-command, for a flight away from the vicinity of the place of departure, and for every flight under the IFR, shall include: (a) a careful study of available current weather reports and forecasts taking into consideration fuel requirements; and an alternative course of action if the flight cannot be completed as planned. (b) (3) A pilot-in-command who is unable to communicate by radio with an air traffic control unit at the aerodrome of destination shall not begin a flight to an aerodrome within a control zone if the information which it is reasonably practicable for the pilot-in-command to obtain indicates that he will arrive at that aerodrome when the ground visibility is less than eight kilometres or the cloud ceiling is less than 450 m (1,500 ft), unless the pilot-in-command has obtained from an air traffic control unit at that aerodrome permission to enter the aerodrome traffic zone. Flight plan 31. Except as authorized by the Authority a person shall not commence a flight if he has not filed a flight plan. 280 Submission of a flight plan. 32. (1) Information relating to an intended flight or portion of a flight, to be provided to air traffic services (ATS) units, shall be in the form of a flight plan. (2) A pilot-in-command shall, prior to operating one of the following, file a flight plan Official Gazette nº 21bis of 25/05/2015 for: (a) any flight, or portion thereof, to be provided with air traffic control service; (b) any instrument flight rules (IFR) flight within advisory airspace; (c) any flight within or into designated areas, or along designated routes, when so required by the appropriate air traffic services (ATS) authority to facilitate the provision of flight information, alerting and search and rescue services; (d) any flight within or into designated areas, or along designated routes, when so required by the appropriate ATS authority to facilitate coordination with appropriate military units or with ATS units in adjacent States in order to avoid the possible need for interception for the purpose of identification; (e) any flight across international borders; and (f) any flight departing from an aerodrome manned by the Authority. (3) A pilot-in-command shall submit a flight plan before departure to the appropriate ATS reporting office or, during flight, transmit to the appropriate ATS unit or air- ground control radio station, unless arrangements have been made for submission of a repetitive flight plan. (4) Unless otherwise prescribed by the appropriate ATS authority, a pilot-in-command shall submit a flight plan to the appropriate air traffic services or air traffic advisory service: (a) at least sixty minutes before departure and shall be valid for sixty minutes for instrument flight rules (IFR) flights or one hundred and twenty minutes for visual flight rules (VFR) flights; or if submitted during flight, at a time which shall ensure its receipt by the appropriate ATS unit at least ten minutes before the aircraft is estimated to reach the: (i) intended point of entry into a control area or advisory area; or (ii) point of crossing an airway or advisory route. (b) (5) Where a Through Flight Plan, containing such particulars as may be notified is submitted to and accepted by an ATS unit in respect of a flight through a number of intermediate aerodromes, this regulation shall be deemed to have been satisfied in respect of each sector of the flight. (6) An air traffic control unit may exempt the pilot-in-command from the requirements of this regulation in respect of an intended flight which is to be made in a notified local flying area and in which the aircraft will return to the aerodrome of departure without making an intermediate landing. (7) In order to comply with instrument flight rules (IFR), before an aircraft either takes off from a point within any controlled airspace, or enters any controlled airspace, or in other circumstances prescribed for this purpose, the pilot-in-command shall cause a flight plan to be communicated to the appropriate air traffic control unit and shall obtain an air traffic control clearance based on such flight plan. (8) The pilot-in-command after he has flown in controlled airspace shall, unless he has requested the appropriate air traffic control unit to cancel his flight plan, forthwith inform that unit when the aircraft lands within or leaves that controlled airspace. Contents of a flight plan 33. (1) A person filing an instrument flight rules (IFR) or visual flight rules (VFR) flight plan shall include in it the following information: (a) aircraft identification; (b) flight rules and type of flight; (c) number and type(s) of aircraft and wake turbulence category; (d) equipment; 281 Official Gazette nº 21bis of 25/05/2015 (e) departure aerodrome (f) estimated off-block time; (g) cruising speed(s); (h) cruising level(s); (i) route to be followed; (j) destination aerodrome and total estimated elapsed time; (k) alternate aerodrome(s); (l) fuel endurance; (m) total number of persons on board; (n) emergency and survival equipment; and (o) other information referred to in sub-regulation (2).. (2) A flight plan, for whatever purpose it is submitted, shall contain information, as applicable: (a) on relevant items up to and including an alternate aerodrome(s) regarding the whole route or the portion thereof for which the flight plan is submitted; and (b) on all other items when so prescribed by the appropriate air traffic services authority or when otherwise deemed necessary by the person submitting the flight plan. Changes to a flight plan 34. (1) (2) Subject to regulation 49, where a change occurs to a flight plan submitted for an instrument flight rules (IFR) flight or a visual flight rules (VFR) flight operated as a controlled flight, the pilot-in-command shall report that change as soon as practicable to the appropriate air traffic services (ATS) unit. Subject to regulation 49, in the case of a VFR flight other than that operated as a controlled flight, the pilot-in-command shall report significant changes to a flight plan as soon as practicable to the appropriate ATS unit. (3) Any information submitted prior to departure regarding fuel endurance or total number of persons carried on board, if incorrect at the time of departure, constitutes a significant change to the flight plan and as such shall be reported. Closing a flight plan 35. (1) Unless otherwise prescribed by the appropriate air traffic services (ATS) authority, a pilot-in-command shall make a report of arrival in person or by radio or via data link at the earliest possible moment after landing, to the appropriate ATS unit at the arrival aerodrome, .by any flight for which a flight plan has been submitted covering the entire flight or the remaining portion of a flight to the destination aerodrome. (2) When a flight plan has been submitted only in respect of a portion of a flight, other than the remaining portion of a flight to destination, the pilot-in-command shall, when required, close it by an appropriate report to the relevant ATS unit. (3) When no air traffic services unit exists at the arrival aerodrome, the pilot-in- command shall contact the nearest ATS unit to close the flight plan immediately after landing and by the quickest means available. (4) When communication facilities at the arrival aerodrome are known to be inadequate and alternate arrangements for the handling of arrival reports on the ground are not available, the pilot-in-command shall immediately prior to landing, if practicable, transmit to the appropriate ATS unit, a message comparable to an arrival report, where such a report is required. (5) The transmission referred to in sub-regulation (4) shall normally be made to the aeronautical station serving the ATS unit in charge of the flight information region in which the aircraft is operated. (6) A pilot-in-command shall include the following elements of information in his arrival reports: (a) aircraft identification; (b) departure aerodrome; 282 Universal aviation signals 36. Official Gazette nº 21bis of 25/05/2015 (7) (c) destination aerodrome, only in the case of a diversionary landing; (d) arrival aerodrome; and (e) time of arrival. The pilot-in-command of an aircraft who has caused notice of the aircraft’s intended arrival at any aerodrome to be given to the ATS unit or other authority at that aerodrome shall ensure that the ATS unit or other authority at that aerodrome is informed as quickly as possible of any change of intended destination and any estimated delay in arrival of forty five minutes or more. Signals (1) Where a signal is given or displayed, or whenever any marking specified in regulations 41 up to and including 43 is displayed by any person in an aircraft, or at an aerodrome, or at any other place which is being used by aircraft for landing or take-off, the signal shall, when given or displayed in Rwanda, have the meaning assigned to it, and no other signals likely to be confused with them shall be used. (2) Upon observing or receiving any of the signals specified in sub-regulation (1), a pilot-in-command shall take such action as may be required by the interpretation of the signal specified in these Regulations. (3) A signalman shall be responsible for providing standard marshalling signals to aircraft in a clear and precise manner using the signals shown in these Regulations. (4) A person shall not guide an aircraft unless trained, qualified and approved by the relevant appropriate authority to carry out the functions of a signalman. (5) The signalman shall wear a distinctive fluorescent identification vest to allow the flight crew to identify that he is the person responsible for the marshalling operation. (6) Daylight-fluorescent wands, table-tennis bats or gloves shall be used for all signalling by all participating ground staff during daylight hours, while illuminated wands shall be used at night or in low visibility. (7) None of the provisions in these Regulations shall prevent the use by an aircraft in distress of any means at its disposal to attract attention and make known its position. Distress signals 37. The following signals, used either together or separately, mean that grave and imminent danger threatens, and immediate assistance is requested: Urgency signals 38. (a) a signal made by radiotelegraphy or by any other signalling method consisting of the group SOS ( • • • — — — • • • in the Morse Code); a radiotelephony distress signal consisting of the spoken word MAYDAY; (b) (c) a distress message sent via data link which transmits the intent of the word MAYDAY; (d) rockets or shells throwing red lights, fired one at a time at short intervals; (e) a parachute flare showing a red light. (1) The following signals, used either together or separately, mean that an aircraft wishes to give notice of difficulties which compel it to land without requiring immediate assistance: (a) (b) the repeated switching on and off of the landing lights; or the repeated switching on and off of the navigation lights in such manner as to be distinct from flashing navigation lights. (2) The following signals, used either together or separately, mean that an aircraft has a very urgent message to transmit concerning the safety of a ship, aircraft or other vehicle, or of some person on board or within sight: (a) a signal made by radiotelegraphy or by any other signalling method consisting of the group XXX; a signal sent by radiotelephony consisting of the spoken words PAN, PAN; (b) 283 Official Gazette nº 21bis of 25/05/2015 (c) an urgency message sent via data link which transmits the intent of the words PAN, PAN. 39. Aircraft interception and interception signals (1) The pilot-in-command of every aircraft flying over or maneuvering within Rwanda territory, when intercepted, shall comply with standards set out in regulation 60 (2), by interpreting and responding to visual signals as set out in Table 2. (2) The intercepting aircraft shall interpret visual signals from an intercepted aircraft as set out in Table 3. (3) The pilot-in-command of every aircraft carrying Rwanda nationality mark or operated by Rwanda operators, wherever such aircraft may be, outside Rwanda territory, shall comply with the rules and regulations relating to the flight and maneuver of aircraft there in force. (4) The pilot-in-command of every aircraft carrying Rwanda nationality mark or operated by Rwanda operators, wherever such aircraft may be outside Rwanda territory, when intercepted, shall comply with interception orders there in force Table 2 - SIGNALS INITIATED BY INTERCEPTING AIRCRAFT AND RESPONSES BY INTERCEPTED AIRCRAFT Meaning You have been intercepted. Follow me. INTERCEPTED Aircraft Responds DAY or NIGHT - Rocking aircraft. Flashing navigational lights at irregular intervals and following. Meaning Understood, will comply. You may proceed. DAY or NIGHT - Rocking the aircraft. Understood, will comply. Series 1 2 INTERCEPTING Aircraft Signals DAY or NIGHT  Rocking aircraft and flashing navigational lights at irregular intervals (and landing lights in the case of a helicopter) from a position slightly above and ahead of, and normally to the left of, the intercepted aircraft (or to the right if the intercepted aircraft is a helicopter) and, after acknowledgement, a slow level turn, normally to the left, (or to the right in the case of a helicopter) on the desired heading. Note 1.  Meteorological conditions or terrain may require the intercepting aircraft to reverse the positions and direction of turn given above in Series 1. Note 2.  If the intercepted aircraft is not able to keep pace with the intercepting aircraft, the latter is expected to fly a series of race-track patterns and to rock the aircraft each time it passes the intercepted aircraft. DAY or NIGHT  An abrupt break-away manoeuvre from the intercepted aircraft consisting of a climbing turn of 90 degrees or more without crossing the line of flight of the intercepted aircraft. 284 Official Gazette nº 21bis of 25/05/2015 Land at this aerodrome. 3 DAY or NIGHT  Lowering landing gear (if fitted), showing steady landing lights and overflying runway in use or, if the intercepted aircraft is a helicopter, overflying the helicopter landing area. In the case of helicopters, the intercepting helicopter makes a landing approach, coming to hover near to the landing area. Understood, will comply. DAY or NIGHT - Lowering landing gear (if fitted), showing steady landing lights and following the intercepting aircraft and, if, after overflying the runway in use or helicopter landing area, landing is considered safe, proceeding to land. Table 3 - SIGNALS INITIATED BY INTERCEPTED AIRCRAFT AND RESPONSES BY INTERCEPTING AIRCRAFT Meaning Aerodrome you have designated is inadequate. Series 4 INTERCEPTED Aircraft Signals DAY or NIGHT  Raising landing gear (if fitted) and flashing landing lights while passing over runway in use or helicopter landing area at a height exceeding 300 m (1,000 ft) but not exceeding 600 m (2,000 ft) (in the case of a helicopter, at a height exceeding 50 m (170 ft) but not exceeding 100 m (330 ft) above the aerodrome level, and continuing to circle runway in use or helicopter landing area. If unable to flash landing lights, flash any other lights available. 5 6 Cannot comply. DAY or NIGHT  Regular switching on and off of all available lights but in such a manner as to be distinct from flashing lights. DAY or NIGHT  Irregular flashing of all available lights. In distress. INTERCEPTING Aircraft Responds DAY or NIGHT  If it is desired that the intercepted aircraft follow the intercepting aircraft to an alternate aerodrome, the intercepting aircraft raises its landing gear (if fitted) and uses he Series 1 signals prescribed for intercepting aircraft. If it is decided to release the incepted aircraft. the intercepting aircraft uses the Series 2 signals prescribed for intercepting aircraft. DAY or NIGHT  Use Series 2 signals prescribed for intercepting aircraft. DAY or NIGHT  Use Series 2 signals prescribed for intercepting aircraft. Meaning Understood, follow me. Understood, you may proceed. Understood. Understood. 40. Visual signals to warn an unauthorized aircraft entering notified airspaces The pilot-in-command shall take such remedial action as may be necessary, when by day or night, a series of projectiles is discharged from the ground at intervals of 10 seconds, each showing, on bursting, red and green lights or stars indicating to an unauthorized aircraft that it is flying in or about to enter a restricted, prohibited or danger area. Signals for aerodrome traffic. 41. (1) Aerodrome controllers shall use and pilots shall obey the following lights and pyrotechnic signals shown in Table 4 herebelow and illustrated in Figure 10. (2) Pilots shall acknowledge aerodrome controller signals as follows: (a) when in flight: 285 Official Gazette nº 21bis of 25/05/2015 (i) during the hours of daylight by rocking the aircraft's wings, except that this signal shall not be expected on the base and final legs of the approach; (ii) during the hours of darkness by flashing on and off twice the aircraft's landing lights or, if not so equipped, by switching on and off twice its navigation lights. when on the ground: (i) during the hours of daylight by moving the aircraft's ailerons or (b) rudder; (ii) during the hours of darkness by flashing on and off twice the aircraft's landing lights or, if not so equipped, by switching on and off twice its navigation lights. (3) Aerodrome authorities shall use the visual ground signals as shown in figures 11 to 20 during the situations indicated therein. TABLE 4 - LIGHT AND PYROTECHNIC SIGNALS FROM AERODROME CONTROL Light t f a r c r i a s d r a w o t d e n r e c n o c d e t c e r i D Red pyrotechnic Steady green Steady red` Series of green flashes Series of red flashes Series of white flashes From Aerodrome control to: Aircraft in flight  Cleared to land  Give way to other aircraft and continue circling  Return for landing*  Aerodrome unsafe, do not land  Land at this aerodrome and proceed to apron* Notwithstanding any previous instructions, do not land for the time being * Clearances to land and to taxi will be given in due course. Aircraft on the ground Cleared for take-off Stop Cleared to taxi Taxi clear of landing area in use Return to starting point on the aerodrome 286 Official Gazette nº 21bis of 25/05/2015 Figure 10: Light and Pyrotechnic Signals from Aerodrome Control (a) (b) prohibition of landing - a horizontal red square panel with yellow diagonals, as shown in Figure 11 when displayed in a signal area indicates that landings are prohibited and that the prohibition is liable to be prolonged; Figure 11 need for special precautions while approaching or landing - a horizontal red square panel with one yellow diagonal, as shown in Figure 12 when displayed in a signal area indicates that owing to the bad state of the manoeuvring area, or for any other reason, special precautions shall be observed in approaching to land or in landing; Figure 12 (c) use of runways and taxiways: (i) a horizontal white dumb-bell, as shown in Figure 13 when displayed in a signal area indicates that aircraft are required to land, take off and taxi on runways and taxiways only; (ii) the same horizontal white dumb-bell as in Figure 13 but with a Figure 13 287 Official Gazette nº 21bis of 25/05/2015 black bar placed perpendicular to the shaft across each circular portion of the dumb-bell, as shown in Figure 14 when displayed in a signal area indicates that aircraft are required to land and take off on runways only, but other manoeuvres need not be confined to runways and taxiways; Figure 14 closed runways or taxiways - crosses of a single contrasting colour, yellow or white, as shown in Figure 15, displayed horizontally on runways and taxiways or parts thereof indicate an area unfit for movement of aircraft; Figure 15 directions for landing or take-off: (i) a horizontal white or orange landing T , as shown in Figure 16, indicates the direction to be used by aircraft for landing and take- off, which shall be in a direction parallel to the shaft of the T towards the cross arm and when used at night, the landing T is either illuminated or outlined in white coloured lights. (d) (e) Figure 16 (ii) a set of two digits , as shown in Figure 17, displayed vertically at or near the aerodrome control tower indicates to aircraft on the manoeuvring area the direction for take-off, expressed in units of 10 degrees to the nearest 10 degrees of the magnetic compass; Figure 17 (f) right-hand traffic - when displayed in a signal area, or horizontally at the end of the runway or strip in use, a right-hand arrow of conspicuous colour , as shown in Figure 18 indicates that turns are to be made to the right before landing and after take-off; Figure 18 (g) air traffic services reporting office - the letter C displayed vertically in black against a yellow background , as shown in Figure 19 indicates the location of the ATS reporting office; Figure 19 (h) glider flights in operation- a double white cross displayed horizontally , as shown in Figure 20 in the signal area indicates that the aerodrome is being used by gliders and that glider flights are being performed; Figure 20 288 42. Marshalling signals: signalman to a pilot Official Gazette nº 21bis of 25/05/2015 (i) helicopter operations – a white letter H displayed horizontally as shown in figure 21 indicates that helicopters shall take off and land within the designated area; Figure 21 (1) (2) (3) (4) (5) (6) The marshalling signals shown in figures 22 to 56 below shall be used from a signalman to a pilot of an aircraft. The signals are designed for use by the signalman, with hands illuminated as necessary to facilitate observation by the pilot, and facing the aircraft in a position: for fixed-wing aircraft, the signalman shall be positioned forward of the (a) left-wing tip within view of the pilot and, (b) for helicopters, where the signalman can best be seen by the pilot. The meaning of the relevant signals remains the same if bats, illuminated wands or torchlights are held. The aircraft engines are numbered, for the signalman facing the aircraft, from right to left (i.e.No. I engine being the port outer engine). Signals marked with an asterisk are designed for use to hovering helicopters. Prior to using the signals, as shown in Figures 22 to 56 the signalman shall ascertain that the area within which an aircraft is to be guided is clear of objects which the aircraft might otherwise strike. 1. Wingwalker/guide Raise right hand above head level with wand pointing up; move left-hand wand pointing down toward body. indication by a person Note.— This signal provides an positioned at the aircraft wing tip, to the pilot/ marshaller/ push-back operator, that the aircraft movement on/off a parking position would be unobstructed. 2. Identify gate Raise fully extended arms straight above head with wands pointing up. 3. Proceed to next signalman or as directed by tower/ground control Point both arms upward; move and extend arms outward to sides of body and point with wands to direction of next signalman or taxi area. 289 Figure 22 Figure 23 Figure 24 Official Gazette nº 21bis of 25/05/2015 4. Straight ahead Bend extended arms at elbows and move wands up and down from chest height to head. 5 a). Turn left (from pilot’s point of view) With right arm and wand extended at a 90-degree angle to body, make “come ahead” signal with left hand. The rate of signal motion indicates to pilot the rate of aircraft turn. 5 b). Turn right (from pilot’s point of view) With left arm and wand extended at a 90-degree angle to body, make “come ahead” signal with right hand. The rate of signal motion indicates to pilot the rate of aircraft turn. 6 a). Normal stop Fully extend arms and wands at a 90-degree angle to sides and slowly move to above head until wands cross. 6 b). Emergency stop Abruptly extend arms and wands to top of head, crossing wands. 7 a). Set brakes Raise hand just above shoulder height with open palm. Ensuring eye contact with flight crew, close hand into a fist. Do not move until receipt of “thumbs up” acknowledgement from flight crew. 290 Figure 25 Figure 26 Figure 27 Figure 28 Figure 29 Figure 30 Official Gazette nº 21bis of 25/05/2015 7 b). Release brakes Raise hand just above shoulder height with hand closed in a fist. Ensuring eye contact with flight crew, open palm. Do not move until receipt of “thumbs up” acknowledgement from flight crew. 8 a). Chocks inserted With arms and wands fully extended above head, move wands inward in a “jabbing” motion until wands touch. Ensure acknowledgement is received from flight crew. 8 b). Chocks removed With arms and wands fully extended above head, move wands outward in a “jabbing” motion. Do not remove chocks until authorized by flight crew. 9. Start engine(s) Raise right arm to head level with wand pointing up and start a circular motion with hand; at the same time, with left arm raised above head level, point to engine to be started. 10. Cut engines Extend arm with wand forward of body at shoulder level; move hand and wand to top of left shoulder and draw wand to top of right shoulder in a slicing motion across throat. 11. Slow down Move extended arms downwards in a “patting” gesture, moving wands up and down from waist to knees. 291 Figure 31 Figure32 Figure 33 Figure 34 Figure 35 Figure 36 Official Gazette nº 21bis of 25/05/2015 12. Slow down engine(s) on indicated side With arms down and wands toward ground, wave either right or left wand up and down indicating engine(s) on left or right side respectively should be slowed down. 13. Move back With arms in front of body at waist height, rotate arms in a forward motion. To stop rearward movement, use signal 6 a) or 6 b). 14 a). Turns while backing (for tail to starboard) Point left arm with wand down and bring right arm from overhead vertical position to horizontal forward position, repeating right-arm movement. 14 b). Turns while backing (for tail to port) Point right arm with wand down and bring left arm from overhead vertical position to horizontal forward position, repeating left-arm movement. 15. Affirmative/all clear Raise right arm to head level with wand pointing up or display hand with “thumbs up”; left arm remains at side by knee. Note.— This signal is also used as a technical/servicing communication signal. *16. Hover Fully extend arms and wands at a 90-degree angle to sides. 292 Figure 37 Figure 38 Figure 39 Figure 40 Figure 41 Figure 42 Official Gazette nº 21bis of 25/05/2015 *17. Move upwards Fully extend arms and wands at a 90-degree angle to sides and, with palms turned up, move hands upwards. Speed of movement indicates rate of ascent. *18. Move downwards Fully extend arms and wands at a 90-degree angle to sides and, with palms turned down, move hands downwards. Speed of movement indicates rate of descent. *19 a). Move horizontally left (from pilot’s point of view) Extend arm horizontally at a 90-degree angle to right side of body. Move other arm in same direction in a sweeping motion. *19 b). Move horizontally right (from pilot’s point of view) Extend arm horizontally at a 90-degree angle to left side of body. Move other arm in same direction in a sweeping motion. *20. Land Cross arms with wands downwards and in front of body. 21. Fire Move right-hand wand in a “fanning” motion from shoulder to knee, while at the same time pointing with left-hand wand to area of fire. 293 Figure 43 Figure 44 Figure 45 Figure 46 Figure 47 Figure 48 Official Gazette nº 21bis of 25/05/2015 22. Hold position/stand by Fully extend arms and wands downwards at a 45-degree angle to sides. Hold position until aircraft is clear for next manoeuvre. 23. Dispatch aircraft Perform a standard salute with right hand and/or wand to dispatch the aircraft. Maintain eye contact with flight crew until aircraft has begun to taxi. 24. Do not touch communication signal) controls (technical/servicing Extend right arm fully above head and close fist or hold wand in horizontal position; left arm remains at side by knee. Connect 25. communication signal) ground power (technical/servicing Hold arms fully extended above head; open left hand horizontally and move finger tips of right hand into and touch open palm of left hand (forming a “T”). At night, illuminated wands can also be used to form the “T” above head. 26. communication signal) Disconnect power (technical/servicing Hold arms fully extended above head with finger tips of right hand touching open horizontal palm of left hand (forming a “T”); then move right hand away from the left. Do not disconnect power until authorized by flight crew. At night, illuminated wands can also be used to form the “T” above head. 27. Negative (technical/servicing communication signal) Hold right arm straight out at 90 degrees from shoulder and point wand down to ground or display hand with “thumbs down”; left hand remains at side by knee. 294 Figure 49 Figure 50 Figure 51 Figure 52 Figure 53 Figure 54 Official Gazette nº 21bis of 25/05/2015 Establish via 28. (technical/servicing communication signal) communication interphone Figure 55 Extend both arms at 90 degrees from body and move hands to cup both ears. 29. Open/close stairs (technical/servicing communication signal) With right arm at side and left arm raised above head at a 45-degree angle, move right arm in a sweeping motion towards top of left shoulder. Figure 56 Note.— This signal is intended mainly for aircraft with the set of integral stairs at the front. Marshalling signals: pilot to a signalman 43. A pilot shall use the signals shown in Table 5 when communicating with a signalman on the ground: TABLE 5 – MARSHALLING SIGNALS PILOT TO GROUND SIGNALMAN Description of Signal Meaning of Signal (a) horizontal in front of face, then clench fist Raise arm and hand with fingers extended Brakes engaged. Brakes released. Insert chocks. Remove chocks Ready to start engine. Hands crossed in front of face, palms Arms extended palms facing outwards, Raise arm with fist clenched horizontally (b) in front of face, then extend fingers. (c) move hands inwards to cross in front of face. (d) facing outwards, move arms outwards. (e) Raise the number of fingers on the hand indicating the number of the engine to be started. For this purpose the aircraft engines shall be numbered in relation to the marshaller facing the aircraft, from his right to his left, for example No. 1 engine shall be the port outer engine, number 2 engine shall be the port inner engine, number 3 engine shall be the starboard inner engine and number 4 engine shall be the starboard outer engine. Time 44. Time (1) A pilot-in-command flying an aircraft shall use Co-ordinated Universal Time which shall be expressed in hours and minutes and, when required, seconds of the twenty four hour day beginning at midnight. (2) A pilot-in-command shall obtain a time check prior to operating a controlled flight and at such other times during the flight as may be necessary, such time check shall be obtained from an air traffic services unit unless other arrangements have been made by the operator or by the Authority. 295 Air Traffic Control clearances 45. Official Gazette nº 21bis of 25/05/2015 (3) Wherever time is utilized in the application of data link communications, it shall be accurate to within one second of Co-ordinated Universal Time. Air traffic control service (1) A pilot-in-command shall not commence a flight in an aircraft unless he has obtained an air traffic control clearance prior to operating a controlled flight, or a portion of a flight as a controlled flight. (2) A pilot-in-command shall request air traffic control clearance referred to in sub- regulation (1) through the submission of a flight plan to an air traffic control unit. (3) Where a pilot-in-command has requested a clearance involving priority, that pilot- in-command shall submit a report explaining the necessity for such priority, if requested by the appropriate air traffic control unit. (4) A person operating an aircraft on a controlled aerodrome shall not taxi on the manoeuvring area without clearance from the aerodrome control tower and shall comply with any instructions given by that unit. (5) The pilot-in-command of an aircraft shall fly in conformity with the air traffic control clearance issued for the flight as amended by any further instructions given by an air traffic control unit, and with the holding and instrument approach procedures, notified in relation to the aerodrome of destination, unless the pilot-in- command: (a) is able to fly in uninterrupted visual meteorological conditions (VMC) for so long as he remains in controlled airspace; and (b) has informed the appropriate air traffic control unit of his intention to continue the flight in compliance with visual flight rules (VFR) and has requested that unit to cancel his instrument flight rules (IFR) flight plan: provided that if an emergency arises which requires an immediate deviation from an air traffic control clearance, the pilot-in-command of the aircraft shall, as soon as possible, inform the appropriate air traffic control unit of the deviation. Potential re- clearance in flight 46. If prior to departure, a pilot-in-command anticipates that depending on fuel endurance and subject to re-clearance in flight, a decision may be taken to proceed to a revised destination aerodrome, he shall notify the appropriate air traffic control units by the insertion in the flight plan of information concerning the revised route (where known) and the revised destination. Adherence to air traffic control clearances 47. (1) A pilot-in-command shall, except as provided for in regulations 45 and 49, adhere to the current flight plan or the applicable portion of a current flight plan submitted for a controlled flight unless a request for a change has been made and clearance obtained from the appropriate air traffic control unit, or unless an emergency situation arises which necessitates immediate action by the pilot-in-command, in which event as soon as circumstances permit, after such emergency authority is exercised, the appropriate air traffic services unit shall be notified of the action taken and that this action has been taken under emergency authority. (2) Sub-regulation (1) does not prohibit a pilot-in-command from cancelling an instrument flight rules (IFR) clearance when operating in visual meteorological conditions (VMC) or cancelling a controlled flight clearance when operating in airspace that does not require controlled flight. (3) When operating in airspace requiring controlled flight, a pilot-in-command shall not operate contrary to air traffic control instructions, except in an emergency. (4) A pilot-in-command who deviates from an air traffic control clearance or instructions in an emergency shall notify air traffic control of that deviation as soon as possible. Route to be flown 48. (1) Unless otherwise authorized or directed by the appropriate air traffic control unit, a 296 Official Gazette nº 21bis of 25/05/2015 pilot-in-command of a controlled flight shall, in so far as practicable: (a) when on an established air traffic services (ATS) route, operate along the defined centre line of that route; or when on any other route, operate directly between the navigation facilities and/or points defining that route. (b) Air traffic control clearance: inadvertent changes Air traffic control clearance: intended changes (2) A pilot-in-command shall notify the appropriate air traffic control unit of any deviation from the requirements in sub-regulation (1). (3) A pilot-in-command of a controlled flight operating along an ATS route segment defined by reference to very high frequency omnidirectional range shall change over for its primary navigation guidance from the facility behind the aircraft to that ahead of it at, or as close as operationally feasible to, the change-over point, where established. 49. (1) A pilot-in-command of an aircraft shall take the following action in the event that a controlled flight inadvertently deviates from its current flight plan: (a) if the aircraft is off track, the pilot-in-command shall forthwith take action to adjust the heading of the aircraft to regain track as soon as practicable. (b) the pilot-in-command shall inform the appropriate air traffic control unit if the average true airspeed at cruising level between reporting points varies from that given in the flight plan or is expected to vary by plus or minus five per cent of the true airspeed; and (c) the pilot-in-command shall notify the appropriate air traffic control unit and give a revised estimated time given as soon as possible if the time estimate for the next applicable reporting point, flight information region boundary, or destination aerodrome, whichever comes first, is found to be in error in excess of three minutes from that notified to air traffic servicest, or such other period of time as is prescribed by the appropriate ATS authority or on the basis of air navigation regional agreements. (2) In addition to sub-regulation (1), when an automatic dependent surveillance agreement is in place, air traffic services unit shall be informed automatically via data link whenever changes occur beyond the threshold values stipulated by the automatic dependent surveillance event contract. 50. A pilot-in-command requesting for air traffic control clearance changes shall include the following information in the request: (a) (b) for change of cruising level: (i) aircraft identification; (ii) requested new cruising level and cruising speed at this level; and (iii) revised time estimates, when applicable, at subsequent flight information region boundaries; for change of route: (i) destination unchanged- (aa) aircraft identification; (bb) flight rules; (cc) description of new route of flight including related flight plan data beginning with the position from which requested change of route is to commence; (dd) revised time estimates; and (ee) any other pertinent information; (ii) destination changed- (aa) aircraft identification; (bb) flight rules; (cc) description of revised route of flight to revised destination aerodrome including related flight plan data, beginning with the position from which requested change of route is to commence; 297 Position reports 51. Official Gazette nº 21bis of 25/05/2015 (dd) revised time estimate; (ee) alternate aerodrome(s); and (ff) any other pertinent information. (1) Unless exempted by the appropriate air traffic services authority, or by the appropriate air traffic services unit under conditions specified by the said authority, a pilot of a controlled flight shall report to the appropriate air traffic servicesl unit, as soon as possible: (a) the time and level of passing each designated compulsory reporting point, except that while the aircraft is under radar control, only the passing of those reporting points specifically requested by air traffic control need be reported, together with any other required information, unless exempted from this requirement by the appropriate air traffic control unit under conditions specified by the Authority; any unforecasted weather conditions encountered; and any other information relating to the safety of flight, such as hazardous weather or abnormal radio station indications. (b) (c) (2) A pilot of a controlled flight shall make position reports in relation to additional points when requested by the appropriate air traffic control unit. (3) In the absence of designated reporting points, a pilot of a controlled flight shall make position reports at intervals prescribed by the Authority or specified by the appropriate air traffic control unit. (4) A pilot-in-command of a controlled flight providing position information to the appropriate air traffic control unit via data link communications shall only provide voice position reports when requested. (5) A pilot of a controlled flight shall, except when landing at a controlled aerodrome, advise the appropriate air traffic control unit as soon as the flight ceases to be subject to air traffic control service. Air traffic control clearances for VFR flights 52. A pilot of a visual flight rules (VFR) flight shall comply with the provisions of regulations 45, 46, 47, 48, 49, 50, 51 54, 56 and 57 when: (a) (b) (c) operated within Classes C and D airspace, and, when used in a Flight Information Region, Class B; forming part of aerodrome traffic at controlled aerodromes; or operated as special VFR. VFR flight within designated areas 53. A pilot-in-command operating a VFR flight within or into areas, or along routes, designated by the Authority in accordance with sub-regulation 32 (2)(c) or (d) shall maintain continuous air-ground voice communication watch on the appropriate communication channel of, and report its position as necessary to, the air traffic services unit providing flight information service. Weather deterioration below VMC 54. A pilot-in-command of a visual flight rules (VFR) flight operated as a controlled flight shall, when it becomes evident that flight in visual meteorological conditions (VMC) in accordance with its current control flight plan will not be practicable: (a) (b) (c) (d) request an amended clearance enabling the aircraft to continue in VMC to its destination or to an alternative aerodrome, or to leave the airspace within which an air traffic control clearance is required; if no clearance can be obtained in accordance with sub-paragraph (a), continue to operate in VMC and notify the appropriate air traffic control unit of the action being taken either to leave the airspace concerned or to land at the nearest suitable aerodrome; if operating within a control zone, request authorization to operate as a special VFR; or request clearance to operate in instrument flight rules (IFR), if currently 298 55. Operation under IFR in controlled airspace malfunction reports Communications 56. Communication failure: air-to- ground 57. Official Gazette nº 21bis of 25/05/2015 rated for IFR operations. (2) (1) A pilot-in-command of an aircraft operated in controlled airspace under instrument flight rules (IFR) shall report as soon as practical to air traffic control unit any malfunctions of navigational, approach, or communication equipment occurring in flight. In each report specified in sub-regulation (1), the pilot-in-command shall include: (a) (b) (c) the aircraft identification; the equipment affected; the degree to which the capability of the pilot to operate under IFR in the air traffic control system is impaired; and the nature and extent of assistance desired from air traffic control unit. (d) (1) A person operating an aircraft as a controlled flight shall maintain a continuous air- ground voice communication watch on the appropriate radio frequency of, and establish two-way communication as required, with, the appropriate air traffic control unit, except as may be prescribed by the appropriate air traffic services authority in respect of an aircraft forming part of aerodrome traffic at a controlled aerodrome. (2) Automatic signalling devices may be used to satisfy the requirement to maintain a continuous listening watch, if authorized by the Authority. (1) Where a pilot-in-command has been unable to establish contact with an aeronautical ground station in order to comply with regulation 56, the pilot-in- command shall comply with the voice communication failure procedures contained in Volume II of the latest effective edition of Annex 10 – Aeronautical Telecommunications of the Chicago Convention and with such of the procedures contained in this regulation as are appropriate, and shall attempt to establish communications with the appropriate air traffic control unit using all other available means. (2) Where an aircraft forms part of the aerodrome traffic at a controlled aerodrome, the pilot-in-command shall keep a watch for such instructions as may be issued by visual signals. (3) If a pilot-in-command is unable to establish communication and is in visual meteorological conditions, he shall: (a) continue to fly in visual meteorological conditions, land at the nearest suitable aerodrome and report his arrival by the most expeditious means to the appropriate air traffic control unit; (b) if considered advisable, complete an instrument flight rules (IFR) flight in accordance with sub-regulation (4). (4) If a pilot-in-command is unable to establish communication and is in instrument meteorological conditions or when the pilot-in-command of an IFR flight considers it inadvisable to complete the flight in accordance with sub-regulation (3)(a), the pilot-in-command shall: (a) unless otherwise prescribed on the basis of regional air navigation agreement, in airspace where radar is not used in the provision of air traffic control, maintain the last assigned speed and level, or minimum flight altitude if higher, for a period of 20 minutes following the aircraft’s failure to report its position over a compulsory reporting point and thereafter adjust level and speed in accordance with the filed flight plan; (b) in airspace where radar is used in the provision of air traffic control, maintain the last assigned speed and level, or minimum flight altitude if higher, for a period of 7 minutes following: (i) the time the last assigned level or minimum flight altitude is reached; or 299 Official Gazette nº 21bis of 25/05/2015 (ii) (iii) the time the transponder is set to Code 7600; or the aircraft’s failure to report its position over a compulsory reporting point; whichever is later, and thereafter adjust level and speed in accordance with the filed flight plan; (c) when being radar vectored or having been directed by air traffic control to proceed offset using area navigation (RNAV) without a specified limit, rejoin the current flight plan route no later than the next significant point, taking into consideration the applicable minimum flight altitude; (d) proceed according to the current flight plan route to the appropriate designated navigation aid or fix serving the destination aerodrome and, when required to ensure compliance with (e) below, hold over this aid or fix until commencement of descent; (e) commence descent from the navigation aid or fix specified in (d) at, or as close as possible to the expected approach time last received and acknowledged or, if no expected approach time has been received and acknowledged, at, or as close as possible to the estimated time of arrival resulting from the current flight plan; (f) complete a normal instrument approach procedure as specified for the designated navigation aid or fix; and (g) land, if possible, within 30 minutes after the estimated time of arrival specified in (e) or the last acknowledged expected approach time, whichever is later or, if unable to land as specified, the pilot-in-command shall not approach and land visually and shall leave the vicinity of the aerodrome and any associated controlled airspace at the specified altitude and on the specified route, and if no altitude or route is specified the pilot- in-command shall fly at the last assigned altitude or minimum sector altitude, whichever is the higher, and avoid areas of dense traffic, then he shall either: (i) fly to an area in which flight may be continued in visual meteorological conditions (VMC) and land at a suitable aerodrome there; or (if this is not possible), (ii) select a suitable area in which to descend through cloud, fly visually to a suitable aerodrome and land as soon as practicable. (1) Where an aeronautical station has been unable to establish contact with a pilot-in- command after calls on the frequencies on which the pilot-in-command is believed to be listening, the station shall: (a) request other aeronautical stations to render assistance by calling the pilot- in-command and relaying traffic information, if necessary; request pilots-in-command of other aircraft on the route to attempt to establish communication with the aircraft and relay traffic information, if necessary. (b) (2) The provisions of sub-regulation (1) shall also be applied: (a) (b) on request of the air traffic services unit concerned; when an expected communication from a pilot-in-command has not been received within a time period such that the occurrence of a communication failure is suspected. (3) The time period referred to in sub-regulation (2)(b) shall be prescribed by the Authority. (4) Where the attempts specified in sub-regulation (1) fail, the aeronautical station shall transmit messages addressed to the pilot-in-command, other than messages containing air traffic control clearances, by blind transmission on the frequency on which the pilot-in-command is believed to be listening. 300 Communication failure: ground- to-air 58. Unlawful interference 59. Official Gazette nº 21bis of 25/05/2015 Unlawful interference and interception of aircraft (1) A pilot-in-command of an aircraft which is being subjected to unlawful interference shall endeavour to notify the appropriate air traffic services (ATS) unit of this fact, any significant circumstances associated therewith and any deviation from the current flight plan necessitated by the circumstances, in order to enable the ATS unit to give priority to the aircraft and to minimize conflict with other aircraft. (2) A pilot-in-command shall, when and if possible, operate the SSR code 7500 to indicate that the aircraft is being subjected to unlawful interference or SSR code 7700 to indicate that it is threatened by grave and imminent danger and requires urgent assistance. (3) When an air traffic services unit knows or believes that an aircraft is being subjected to unlawful interference, no reference shall be made in ATS air-ground communications to the nature of the emergency unless it has first been referred to in communications from the aircraft involved and it is certain that such reference will not aggravate the situation. Interception of civil aircraft 60. (1) Interception of civil aircraft shall: (a) be undertaken only as a last resort; (b) if undertaken, be limited to determining the identity of the aircraft, unless it is necessary to return the aircraft to its planned track, direct it beyond the boundaries of national airspace, guide it away from a prohibited, restricted or danger area or instruct it to effect a landing at a designated aerodrome; (c) not be undertaken for practice of interception of civil aircraft; (d) ensure that navigational guidance and related information will be given to an intercepted aircraft by radiotelephony, whenever radio contact can be established; and (e) ensure that, in the case where an intercepted civil aircraft is required to land in the territory overflown, the aerodrome designated for the landing is suitable for the safe landing of the aircraft type concerned. (2) A pilot-in-command of a civil aircraft, when intercepted shall immediately: (a) follow the instructions given by the intercepting aircraft, interpreting and responding to visual signals in accordance with the specifications in regulation 39; (b) notify, if possible, the appropriate air traffic services unit; (c) attempt to establish radio communication with the intercepting aircraft or with the appropriate intercept control unit, by making a general call on the emergency frequency 121.5 MHz, giving the identity of the intercepted aircraft and the nature of the flight, and if no contact has been established and if practicable, repeating this call on the emergency frequency 243 MHz; if equipped with SSR transponder, select Mode A, Code 7700, unless otherwise instructed by the appropriate air traffic services unit. (3) If any instructions received by radio from any sources conflict with those given by the intercepting aircraft by visual signals, the pilot-in-command of the intercepted aircraft shall request immediate clarification while continuing to comply with the visual instructions given by the intercepting aircraft. d) (4) If any instructions received by radio from any sources conflict with those given by the intercepting aircraft by radio, the pilot-in-command of the intercepted aircraft shall request immediate clarification while continuing to comply with the radio instructions given by the intercepting aircraft. (5) In intercepting a civil aircraft, the intercepting aircraft shall take due account of the performance limitations of civil aircraft, the need to avoid flying in such proximity to the intercepted aircraft that a collision hazard may be created and the need to avoid crossing the intercepted aircraft’s flight path or to perform any other 301 Official Gazette nº 21bis of 25/05/2015 manoeuvre in such a manner that the wake turbulence may be hazardous, particularly if the intercepted aircraft is a light aircraft. (6) Pilots of intercepting aircraft equipped with an SSR transponder shall suppress the transmission of pressure-altitude information (in Mode C replies or in the AC field of Mode S replies) within a range of at least 37 km (20 NM) of the aircraft being intercepted in order to prevents the airborne collision avoidance system (ACAS) in the intercepted aircraft from using resolution advisories in respect of the interceptor, while the ACAS traffic advisory information will remain available. (7) If radio contact is established during interception but communication in a common language is not possible, attempts shall be made to convey instructions, acknowledgement of instructions and essential information by using the phrases and pronunciations in Table 6 and transmitting each phrase twice: Table 6 - PHRASES AND PRONUNCIATIONS USED DURING INTERCEPTION Phrases for use by INTERCEPTING aircraft Phrases for use by INTERCEPTED aircraft Phrase Pronunciation1 Meaning Phrase Pronunciation1 Meaning CALL SIGN KOL SA-IN What is your call sign? CALL SIGN (call sign)2 KOL SA-IN (call sign) My call sign is (call sign) FOLLOW FOL-LO Follow me WILCO Will comply VILL-KO Understood DESCEND DEE-SEND YOU LAND YOU LAAND PROCEED PRO-SEED Descend for landing Land at this aerodrome You may proceed CAN NOT KANN NOTT Unable to comply REPEAT REE-PEET Repeat your instruction AM LOST AM LOSST Position unknown MAYDAY MAYDAY I am in distress HIJACK3 HI-JACK I have been hijacked LAND (place name) LAAND (place name) I request to land at (place name) DESCEND DEE-SEND I require descent 1. In the second column, syllables to be emphasized are underlined. 2. The call sign required to be given is that used in radiotelephony communications with air traffic services units and corresponding to the aircraft identification in the flight plan. 3. Circumstances may not always permit, nor make desirable, the use of the phrase “HIJACK”. Reporting of hazardous 61. A pilot-in-command shall, on meeting with hazardous conditions in the course of a Miscellaneous 302 conditions flight, or as soon as possible thereafter, send to the appropriate air traffic services unit by the quickest means available information containing such particulars of the hazardous conditions as may be pertinent to the safety of other aircraft. Official Gazette nº 21bis of 25/05/2015 Altimeter settings 62. A person operating an aircraft registered in Rwanda shall set the aircraft altimeters to maintain the cruising altitude for flight level reference in accordance with the procedure notified by: (a) the State where the aircraft may be; or (b) the Aeronautical Information Publication. Classification of airspace 63. ATS airspaces classification in Rwanda is shown in the AIP and classified and designated in accordance with Table 7. TABLE 7 CLASSIFICATION OF ATS AIRSPACES 303 Official Gazette nº 21bis of 25/05/2015 . Authority of the 64. The pilot-in-command shall have final authority as to the disposition of the aircraft 304 pilot-in-command of an aircraft while in command. Official Gazette nº 21bis of 25/05/2015 Weather limitations for VFR flights 65. A person shall not commence a flight to be conducted in accordance with visual flight rules (VFR) unless available current meteorological reports, or a combination of current reports and forecasts, indicate that the meteorological conditions along the route, or that part of the route to be flown under VFR, shall, at the appropriate time, allow VFR operations. Flight in Class A airspace 66. In relation to flights in visual meteorological conditions (VMC) in Class A airspace the pilot-in-command shall comply with regulations 32 and 51 as if the flights were IFR flights but shall not elect to continue the flight in compliance with the VFR for the purposes of regulation 32(7). Co-ordination of activities potentially hazardous to aircraft 67. (1) A person shall not carry out activities potentially hazardous to aircraft whether flying over Rwanda or over the territorial waters of Rwanda without approval from the Authority. (2) Notwithstanding the generalities of sub-regulation (1): (a) (b) (c) a person shall not intentionally project, or cause to be projected, a laser beam or other directed high intensity light at an aircraft in such a manner as to create a hazard to aviation safety, damage to the aircraft or injury to its crew or passengers; a person using or planning to use lasers or other directed high-intensity lights outdoors in such a manner that the laser beam or other light beam may enter navigable airspace with sufficient power to cause an aviation hazard shall provide written notification to the competent authority; a pilot-in-command shall not deliberately operate an aircraft into a laser beam or other directed high-intensity light unless flight safety is ensured, provided there is a agreement between operator of the laser emitter or light source, the pilot-in-command and the competent authority. (3) A person shall not release into the atmosphere any radio active material or toxic chemicals which could affect the safety of aircraft operating within the Rwandan airspace. PART III - VISUAL FLIGHT RULES Visual meteorological conditions 68. Except when operating a special VFR flight, a person shall conduct a VFR flight so that the aircraft is flown in conditions of visibility and distance from clouds equal to or greater than those specified in Table 8. TABLE 8 - VMC VISIBILITY AND DISTANCE FROM CLOUD MINIMA 305 Official Gazette nº 21bis of 25/05/2015 Altitude band Airspace class At and above 3 050 m (10 000 ft) AMSL A* B ***C D E*** F*** G Flight visibility 8 km Below 3050 m (10000 ft) AMSL and above 900 m (3 000 ft) AMSL, or above 300 m (1 000 ft) above terrain, whichever is the higher A*B*** C D E*** F*** G 5 km At and below 900 m (3 000 ft) AMSL, or 300 m (1 000 ft) above terrain, whichever is the higher A*B*** C D E *** 5 km F*** G 5 km** Distance from cloud 1,500 m horizontally 300 m (1,000 ft) vertically 1,500 m horizontally 300 m (1,000 ft) vertically 1,500 m horizontally 300 m (1,000 ft) vertically Clear of cloud and with the surface in sight * The VMC minima in Class A airspace are included for guidance to pilots and do not imply acceptance of VFR flights in Class A airspace. ** When so prescribed by the appropriate air traffic services authority: a) flight visibilities reduced to not less than 1,500 m may be permitted for flights operating: 1) at speeds that, in the prevailing visibility, will give adequate opportunity to observe other traffic or any obstacles in time to avoid collision; or 2) in circumstances in which the probability of encounters with other traffic would normally be low, e.g. in areas of low volume traffic and for aerial work at low levels; b) helicopters may be permitted to operate in less than 1,500 m flight visibility, if manoeuvred at a speed that will give adequate opportunity to observe other traffic or any obstacles in time to avoid collision. ***Classes of airspace B, E and F are not used in Kigali Flight Information Region. VFR within a control zone 69. (1) A pilot-in-command of a VFR flight shall not take off or land at an aerodrome within a control zone, or enter the aerodrome traffic zone or traffic pattern when: (a) the ceiling is less than 450 m (1,500 ft); or (b) the ground visibility is less than 5 km; except when a clearance is obtained from an air traffic control unit. Minimum safe VFR altitudes and flight above 900 m (2) Authorization for VFR flights to operate above FL 290 shall not be granted in areas where a vertical separation minimum of 300 m (1 000 ft) is applied above FL 290. 70. (1) Except when necessary for take-off or landing, or except by permission from the appropriate air traffic services authority, a VFR flight shall not be flown: (a) over congested areas of cities, towns or settlements or over an open-air assembly of persons at a height less than 300 m (1,000 ft) above the highest obstacle within a radius of 600 m from the aircraft; elsewhere than specified in paragraph (a), at a height less than 150 m (500 ft) above the ground or water. (b) (2) Except where otherwise indicated in air traffic control clearances or specified by the appropriate air traffic services authority, VFR flights in level cruising flight when operated above 900 m (3,000 ft) from the ground or water, or a higher datum as specified by the appropriate air traffic services authority, shall be conducted at a flight level appropriate to the track specified in the table of cruising levels in Table 9. Choice of VFR or IFR 71. (1) Subject to regulation 66, a person shall fly an aircraft in accordance with VFR or IFR, provided that: (a) in Rwanda, an aircraft flying at night shall be flown in accordance with the 306 Official Gazette nº 21bis of 25/05/2015 (b) IFR, or, in a control zone, in accordance with the IFR or the provisions of the proviso to paragraph (b) of regulation 72; irrespective of meteorological conditions, the pilot-in-command shall, when operating within the Kigali Flight Information Region at or above flight level 170 and within airways irrespective of flight level, fly in accordance with IFR. (2) Unless authorized by an appropriate air traffic services authority, a person shall above flight level 170; or at supersonic or transonic speeds or not operate an aircraft in VFR: (a) (b) (c) except as may be prescribed by the Authority and operated in accordance with the conditions prescribed by the Authority, between sunset and sunrise, 72. A pilot-in-command flying an aircraft: (a) outside controlled airspace shall remain at least 1,500 m horizontally and 300 m (1,000 ft) vertically away from cloud and in a flight visibility of at least 8 km: provided that below 300 m (1,000 ft) above ground or water this sub- regulation shall be deemed to be complied with if the aircraft is flown clear of cloud and in sight of the surface in a flight visibility of not less than 1.5 km; within controlled airspace shall remain at least 1,500 m horizontally and 300 m (1,000 ft) vertically away from cloud and in a flight visibility of at least 8 km : (b) provided that in a control zone, in the case of a special VFR flight, the aircraft shall remain clear of cloud and in sight of the ground or water and shall be flow in accordance with any instructions given by the appropriate air traffic control unit. VFR outside and within controlled airspace Changing from VFR to IFR 73. A pilot-in-command operating in VFR who wishes to change to IFR shall: (a) if a flight plan was submitted, communicate the necessary changes to be effected to the current flight plan; or (b) when so required by provisions of regulation 32 submit a flight plan to the appropriate air traffic control unit and obtain a clearance prior to proceeding IFR when in controlled airspace. PART IV - INSTRUMENT FLIGHT RULES Aircraft equipment 74. A pilot-in-command shall ensure an aircraft is equipped with suitable instruments and with navigation equipment appropriate to the route to be flown. IFR flights in controlled airspace. 75. A pilot-in-command of an aircraft operating an IFR flight in controlled airspace shall: (a) be flown at a cruising level, or, if authorized to employ cruise climb techniques between two levels or above a level, selected from: (i) the tables of cruising levels in Table 9; or (ii) a modified table of cruising levels, when so prescribed in accordance with Table 9 for flight above FL410; except that the correlation of levels to track prescribed therein shall not apply whenever otherwise indicated in air traffic control clearances or specified by the Authority in the Aeronautical Information Publication. (b) comply with the provisions of regulations 45, 46, 47, 48, 49, 50, 51, 56 and 57. 307 Official Gazette nº 21bis of 25/05/2015 TABLE 9 - TABLES OF CRUISING LEVELS –RVSM AIRSPACE IFR flights outside controlled airspace 76. (1) A pilot-in-command operating an IFR flight outside a controlled airspace: (a) shall fly at a cruising level specified in Table 9, except when otherwise specified by the appropriate air traffic services authority for flight at or below 900 m (3,000 ft) above mean sea level ; or (b) a modified table of cruising levels, when so prescribed in accordance with Table 9 for flight above FL 410. (2) A pilot-in-command operating an IFR flight outside a controlled airspace: (a) but within or into areas, or along routes specified in sub-regulation 32(2)(c) or (d) shall:maintain an air-ground voice communication watch on the appropriate two-way channel communication, as necessary with air traffic services unit providing flight information services; communication establish and (b) when required to submit a flight plan and to maintain an air-ground voice communication watch on the appropriate communication channel and establish two-way communication, as necessary with air traffic services 308 Minimum flight altitudes for IFR operations 77. Change from IFR flight to VFR flight 78. Official Gazette nº 21bis of 25/05/2015 unit providing flight information services, shall report position as specified in regulation 51 for controlled flights. (1) Except when necessary for take off or landing, or except when specifically authorized by the appropriate authority, an IFR flight shall be flown at a level which is not below the minimum flight altitude established by the State whose territory is overflown, or, where no such minimum has been established: (a) for flights over high terrain or in mountainous areas, at a level which is at least 600 m (2,000 ft) above the highest obstacle located within 8 km of the estimated position of the aircraft; and elsewhere than as specified in subparagraph (a), at a level which is at least 300 m (1,000 ft) above the highest obstacle located within 8 kilometres of the estimated position of the aircraft. (b) (2) If unable to communicate with air traffic control and there is need to climb to clear an obstacle to determine climb for obstacle clearance, a pilot shall climb to a higher minimum IFR altitude immediately after passing the point beyond which that minimum altitude applies. (1) A pilot electing to change from IFR flight to VFR flight shall, if a flight plan was submitted, notify the appropriate air traffic services unit specifically that the IFR flight is cancelled and then communicate the changes to be made to the pilot current flight plan. (2) Where a pilot operating under IFR is flying in or encounters visual meteorological conditions (VMC), the pilot shall not cancel the IFR flight unless it is anticipated, and intended, that the flight shall be continued for a reasonable period of time in uninterrupted VMC. 309 Official Gazette nº 21bis of 25/05/2015 FIRST SCHEDULE REMOTELY PILOTED AIRCRAFT SYSTEMS Regulation 6A 1. General operating rules 1.1 A remotely piloted aircraft system (RPAS) engaged in international air navigation shall not be operated without appropriate authorization from the Authority. 1.2 An RPA shall not be operated across the territory of another State without special authorization issued by each State in which the flight is to operate. This authorization may be in the form of agreements between the States involved. 1.3 An RPA shall not be operated over the high seas without prior coordination with the appropriate ATS authority. 1.4 The authorization and coordination referred to in 1.2 and 1.3 shall be obtained prior to take-off if there is reasonable expectation, when planning the operation, that the aircraft may enter the airspace concerned. 1.5 An RPAS shall be operated in accordance with conditions specified by the Authority. 1.6 Flight plans shall be submitted in accordance with these regulations or as otherwise mandated by the Authority. 1.7 RPAS shall meet the performance and equipment carriage requirements for the specific airspace in which the flight is to operate. 2. Certificates and licensing 2.1 An RPAS shall be approved, taking into account the interdependencies of the components, in accordance with regulations and in a manner that is consistent with the provisions of related regulations. In addition: A) An RPA shall have a certificate of airworthiness issued in accordance with national regulations and in a manner that is consistent with the provisions of Rwanda Civil Aviation (Airworthiness) Regulations; and B) The associated RPAS components specified in the type design shall be certificated and maintained in accordance with regulations and in a manner that is consistent with the provisions of related regulations. 2.2 An operator shall have an RPAS operator certificate issued in accordance with civil aviation regulations and in a manner that is consistent with the provisions of Rwanda Civil Aviation (Air operator Certification and Administration) Regulations. 2.3 Remote pilots shall be licensed, or have their licences rendered valid, in accordance with national regulations and in a manner that is consistent with the provisions of Rwanda Civil Aviation (Personnel Licensing) Regulations. 3. Request for authorization 3.1 The request for authorization referred to in 1.2 above shall be made to the Authority not less than seven days before the date of the intended flight unless otherwise specified by the Authority. 310 3.2 Unless otherwise specified by the Authority, the request for authorization shall include the following: Official Gazette nº 21bis of 25/05/2015 a) name and contact information of the operator; b) RPA characteristics (type of aircraft, maximum certificated take-off mass, number of engines, wing span); c) copy of certificate of registration; d) aircraft identification to be used in radiotelephony, if applicable; e) copy of the certificate of airworthiness; f) copy of the rpas operator certificate; g) copy of the remote pilot(s) licence; h) copy of the aircraft radio station licence, if applicable; i) description of the intended operation (to include type of operation or purpose), flight rules, visual line- of-sight (vlos) operation if applicable, date of intended flight(s), point of departure, destination, cruising speed(s), cruising level(s), route to be followed, duration/frequency of flight; J) take-off and landing requirements; k) rpa performance characteristics, including: 1) operating speeds; 2) typical and maximum climb rates; 3) typical and maximum descent rates; 4) typical and maximum turn rates; 5) other relevant performance data (e.g. Limitations regarding wind, icing, precipitation); and 6) maximum aircraft endurance; l) communications, navigation and surveillance capabilities: 1) aeronautical safety communications frequencies and equipment, including: i) ATC communications, including any alternate means of communication; ii) command and control links (c2) including performance parameters and designated operational coverage area; iii) communications between remote pilot and rpa observer, if applicable; 2) navigation equipment; and 3) surveillance equipment (e.g. SSR transponder, ads-b out); m) detect and avoid capabilities; 311 Official Gazette nº 21bis of 25/05/2015 n) emergency procedures, including: 1) communications failure with ATC; 2) C2 failure; and 3) remote pilot/RPA observer communications failure, if applicable; o) number and location of remote pilot stations as well as handover procedures between remote pilot stations, if applicable; p) document attesting noise certification that is consistent with the provisions of Rwanda Civil Aviation (Airworthiness) Regulations, if applicable; q) confirmation of compliance with national security standards in a manner that is consistent with the provisions of Rwanda Civil Aviation (Security) Regulations, to include security measures relevant to the RPAS operation, as appropriate; R) payload information/description; and S) proof of adequate insurance/liability coverage. 3.3 When certificates or other documents identified in 3.2 above are issued in a language other than English, an English translation shall be included. 3.4 After authorization has been obtained from the appropriate Authority, air traffic services notification and coordination shall be completed in accordance with the prescribed requirements. 3.5 Changes to the authorization shall be submitted for consideration to the Authority. If the changes are approved, all affected authorities shall be notified by the operator. 3.6 in the event of a flight cancellation, the operator or remote pilot shall notify all appropriate authorities as soon as possible. __________ 312 Official Gazette nº 21bis of 25/05/2015 SECOND SCHEDULE UNMANNED FREE BALLOONS [Regulation 6] 1. Classification of unmanned free balloons Unmanned free balloons shall be classified as: a) 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 c) 2), 3) or 4) below; or b) 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 c) 2), 3) or 4) below; or c) heavy: an unmanned free balloon which carries a payload which: 1) has a combined mass of 6 kg or more; or 2) includes a package of 3 kg or more; or 3) includes a package of 2 kg or more with an area density of more than 13 g per square centimetre; or 4) 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. 2. General operating rules 2.1 An unmanned free balloon shall not be operated without appropriate authorization from the State from which the launch is made. 2.2 An unmanned free balloon, other than a light balloon used exclusively for meteorological purposes and operated in the manner prescribed by the appropriate authority, shall not be operated across the territory of another State without appropriate authorization from the other State concerned. 2.3 The authorization referred to in 2.2 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. Such authorization may be obtained for a series of balloon flights or for a particular type of recurring flight, e.g. atmospheric research balloon flights. 2.4 An unmanned free balloon shall be operated in accordance with conditions specified by the State of Registry and the State(s) expected to be overflown. 313 CHARACTERISTICS PAYLOAD MASS (kilogrammes) 1 2 3 4 5 6 or more ROPE or OTHER SUSPENSION 230 Newtons or MORE INDIVIDUAL PAYLOAD PACKAGE AREA DENSITY CALCULATION MASS (g) Area of smallest surface (cm2) AREA DENSITY more than 13 g/cm2 AREA DENSITY less than 13 g/cm2 COMBINED MASS (if Suspension OR Area density OR Mass of individual package are not factors) HEAVY LIGHT MEDIUM Classification of unmanned free balloons 314 Official Gazette nº 21bis of 25/05/2015 2.5 An unmanned free balloon shall not be operated 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. 2.6 A heavy unmanned free balloon shall not be operated over the high seas without prior coordination with the appropriate ATS authority. 3. Operating limitations and equipment requirements 3.1 A heavy unmanned free balloon shall not be operated without authorization from the appropriate ATS authority at or through any level below 18 000 m (60 000 ft) pressure-altitude at which: a) there are clouds or obscuring phenomena of more than four oktas coverage; or b) the horizontal visibility is less than 8 km. 3.2 A heavy or medium unmanned free balloon shall not be released 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. 3.3 A heavy unmanned free balloon shall not be operated unless: a) 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; b) for 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; c) 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. 3.4 A heavy unmanned free balloon shall not be operated under the following conditions: a) 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 b) 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. 3.5 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 shall not be operated unless the antenna has coloured pennants or streamers that are attached at not more than 15 m intervals. 3.6 A heavy unmanned free balloon shall not be operated 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. 316 Official Gazette nº 21bis of 25/05/2015 3.7 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 shall not be operated 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. 4. Termination The operator of a heavy unmanned free balloon shall activate the appropriate termination devices required by 3.3 a) and b) above: a) when it becomes known that weather conditions are less than those prescribed for the operation; b) if a malfunction or any other reason makes further operation hazardous to air traffic or to persons or property on the surface; or c) prior to unauthorized entry into the airspace over another State’s territory. 5. Flight notification 5.1 Pre-flight notification 5.1.1 Early notification of the intended flight of an unmanned free balloon in the medium or heavy category shall be made to the appropriate air traffic services unit not less than seven days before the date of the intended flight. 5.1.2 Notification of the intended flight shall include such of the following information as may be required by the appropriate air traffic services unit: a) balloon flight identification or project code name; b) balloon classification and description; c) SSR code, aircraft address or NDB frequency, as applicable; d) operator’s name and telephone number; e) launch site; f) estimated time of launch (or time of commencement and completion of multiple launches); g) number of balloons to be launched and the scheduled interval between launches (if multiple launches); h) expected direction of ascent; i) cruising level(s) (pressure-altitude); j) 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; 317 Official Gazette nº 21bis of 25/05/2015 k) 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. 5.1.3 Any changes in the pre-launch information notified in accordance with 5.1.2 above shall be forwarded to the air traffic services unit concerned not less than 6 hours before the estimated time of launch, or 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. Immediately after a medium or heavy unmanned free balloon is launched the operator shall notify the appropriate air traffic services unit of the following: 5.2 Notification of launch a) balloon flight identification; b) launch site; c) actual time of launch; d) 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 e) any changes to the information previously notified in accordance with 5.1.2 g) and h). 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 5.1, has been cancelled. 5.3 Notification of cancellation 6. Position recording and reports 6.1 The operator of a heavy unmanned free balloon operating at or below 18 000 m (60 000 ft) pressure-altitude shall monitor the flight path of the balloon and forward reports of the balloon’s position as requested by air traffic services. Unless air traffic services require reports of the balloon’s position at more frequent intervals, the operator shall record the position every 2 hours. 6.2 The operator of a heavy unmanned free balloon operating above 18 000 m (60 000 ft) pressure-altitude shall monitor the flight progress of the balloon and forward reports of the balloon’s position as requested by air traffic services. Unless air traffic services require reports of the balloon’s position at more frequent intervals, the operator shall record the position every 24 hours. 6.3 If a position cannot be recorded in accordance with 6.1 and 6.2, the operator shall immediately notify the appropriate air traffic services unit. This notification shall include the last recorded position. The appropriate air traffic services unit shall be notified immediately when tracking of the balloon is re-established. 6.4 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: 318 Official Gazette nº 21bis of 25/05/2015 a) the current geographical position; b) the current level (pressure-altitude); c) the forecast time of penetration of 18 000 m (60 000 ft) pressure-altitude, if applicable; d) the forecast time and location of ground impact. 6.5 The operator of a heavy or medium unmanned free balloon shall notify the appropriate air traffic services unit when the operation is ended. 319 Official Gazette nº 21bis of 25/05/2015 THIRD SCHEDULE LIGHTS TO BE DISPLAYED BY AEROPLANES [Regulation 17] When the following terms are used in this Appendix, they have the following meanings: 1. Terminology Angles of coverage. a) Angle of coverage A is formed by two intersecting vertical planes making angles of 70 degrees to the right and 70 degrees to the left respectively, looking aft along the longitudinal axis to a vertical plane passing through the longitudinal axis. b) Angle of coverage F is formed by two intersecting vertical planes making angles of 110 degrees to the right and 110 degrees to the left respectively, looking forward along the longitudinal axis to a vertical plane passing through the longitudinal axis. c) Angle of coverage L is formed by two intersecting vertical planes, one parallel to the longitudinal axis of the aeroplane, and the other 110 degrees to the left of the first, when looking forward along the longitudinal axis. d) Angle of coverage R is formed by two intersecting vertical planes, one parallel to the longitudinal axis of the aeroplane, and the other 110 degrees to the right of the first, when looking forward along the longitudinal axis. Horizontal plane. The plane containing the longitudinal axis and perpendicular to the plane of symmetry of the aeroplane. Longitudinal axis of the aeroplane. A selected axis parallel to the direction of flight at a normal cruising speed, and passing through the centre of gravity of the aeroplane. Making way. An aeroplane on the surface of the water is “making way” when it is under way and has a velocity relative to the water. Under command. An aeroplane on the surface of the water is “under command” when it is able to execute manoeuvres as required by the International Regulations for Preventing Collisions at Sea for the purpose of avoiding other vessels. Under way. An aeroplane on the surface of the water is “under way” when it is not aground or moored to the ground or to any fixed object on the land or in the water. Vertical planes. Planes perpendicular to the horizontal plane. Visible. Visible on a dark night with a clear atmosphere. 2. Navigation lights to be displayed in the air As illustrated in Figure 1, the following unobstructed navigation lights shall be displayed: 320 Official Gazette nº 21bis of 25/05/2015 a) a red light projected above and below the horizontal plane through angle of coverage L; b) a green light projected above and below the horizontal plane through angle of coverage R; c) a white light projected above and below the horizontal plane rearward through angle of coverage A. 110º 110º Red L R Green A White 140º Figure 1 3. Lights to be displayed on the water 3.1 General The International Regulations for Preventing Collisions at Sea require different lights to be displayed in each of the following circumstances: a) when under way; b) when towing another vessel or aeroplane; c) when being towed; d) when not under command and not making way; e) when making way but not under command; f) when at anchor; g) when aground. The lights required by aeroplanes in each case are described below. 3.2 When under way As illustrated in Figure 2, the following appearing as steady unobstructed lights: a) a red light projected above and below the horizontal through angle of coverage L; 321 Official Gazette nº 21bis of 25/05/2015 b) a green light projected above and below the horizontal through angle of coverage R; c) a white light projected above and below the horizontal through angle of coverage A; and d) a white light projected through angle of coverage F. The lights described in 3.2 a), b) and c) should be visible at a distance of at least 3.7 km (2 NM). The light described in 3.2 d) should be visible at a distance of 9.3 km (5 NM) when fitted to an aeroplane of 20 m or more in length or visible at a distance of 5.6 km (3 NM) when fitted to an aeroplane of less than 20 m in length. 220° White F 110° Red L 110° R Green Figure 2 140° A White 3.3 When towing another vessel or aeroplane As illustrated in Figure 3, the following appearing as steady, unobstructed lights: a) the lights described in 3.2; b) a second light having the same characteristics as the light described in 3.2 d) and mounted in a vertical line at least 2 m above or below it; and c) a yellow light having otherwise the same characteristics as the light described in 3.2 c) and mounted in a vertical line at least 2 m above it. Green 110° White 220° White Yellow 140° 220° 2 metres at least Red 110° 2 metres at least Figure 3 The lights described in 3.2 a), b) and c) appearing as steady, unobstructed lights. 3.4 When being towed 322 Official Gazette nº 21bis of 25/05/2015 3.5 When not under command and not making way As illustrated in Figure 4, two steady red lights placed where they can best be seen, one vertically over the other and not less than 1 m apart, and of such a character as to be visible all around the horizon at a distance of at least 3.7 km (2 NM). As illustrated in Figure 5, the lights described in 3.5 plus the lights described in 3.2 a), b) and c). 3.6 When making way but not under command Note.— The display of lights prescribed in 3.5 and 3.6 is to be taken by other aircraft as signals that the aeroplane showing them is not under command and cannot therefore get out of the way. They are not signals of aeroplanes in distress and requiring assistance. Red Green 140° Red White 110° 1 metre at least 1 metre at least Figure 4 Figure 5 Red 110° 3.7 When at anchor a) If less than 50 m in length, where it can best be seen, a steady white light (Figure 6), visible all around the horizon at a distance of at least 3.7 km (2 NM). b) If 50 m or more in length, where they can best be seen, a steady white forward light and a steady white rear light (Figure 7) both visible all around the horizon at a distance of at least 5.6 km (3 NM). c) If 50 m or more in span a steady white light on each side (Figures 8 and 9) to indicate the maximum span and visible, so far as practicable, all around the horizon at a distance of at least 1.9 km (1 NM). Figure 6 Figure 7 323 Official Gazette nº 21bis of 25/05/2015 Less than 50 metres in length; 50 metres or more in span 50 metres or more in length; 50 metres or more in span Figure 8 Figure 9 324 Official Gazette nº 21bis of 25/05/2015 3.8 When aground The lights prescribed in 3.7 and in addition two steady red lights in vertical line, at least 1 m apart so placed as to be visible all around the horizon. (sé) Dr NZAHABWANIAMANA Alexis Minister of State in charge of Transport Seen and sealed with the Seal of the Republic: (sé) BUSINGYE Johnston Minister of Justice/Attorney General 325 Official Gazette nº 21bis of 25/05/2015 ANNEX VII TO THE MINISTERIAL REGULATIONS Nº 02/MOS/TRANS/015 OF 08/04/2015 IMPLEMENTING THE LAW Nº 75/2013 OF 11/09/2013 ESTABLISHING REGULATION GOVERNING CIVIL AVIATION CIVIL AVIATION (INSTRUMENTS AND EQUIPMENT) REGULATIONS 2015 ARRANGEMENT OF REGULATIONS PART I – PRELIMINARY 1. Citation PART II - GENERAL REQUIREMENTS FOR AIRCRAFT EQUIPMENT AND INSTRUMENTS 2. General instrument and equipment requirements PART III- FLIGHT AND NAVIGATIONAL INSTRUMENTS 3. 4. 5. 6. 7. 8. General requirements. Navigation equipment. Minimum flight and navigational instruments: VFR operations. Instruments for operations requiring two pilots: VFR operations Minimum flight and navigation instruments: IFR operations Additional systems and equipment for single engine turbine powered aeroplanes: night and IMC operations. Instruments for operations requiring two pilots: IFR operations 9. Standby attitude indicator. 10. Instrument and equipment required for Category II operations. 11. 12. Approval and maintenance of instruments and equipment required for Category II operations. 13. Maintenance programme for instruments and equipment required for Category II operations. 14. Navigation equipment for operations in minimal navigation performance specification airspace (MNPS). Equipment for operations in reduced vertical separation minimum airspace (RVSM). 15. 16. Mach number indicator PART IV – COMMUNICATION EQUIPMENT 17. 18. 19. 20. 21. Radio equipment Airborne collision avoidance system. Altitude reporting transponder Crew member interphone system: aeroplane. Crew member interphone system: helicopter. PART V – INSTRUMENTS AND EQUIPMENT 22. 23. Aircraft lights and instrument illumination. Engine instruments. 326 Official Gazette nº 21bis of 25/05/2015 Warning Instruments and Systems 24. Machmeter and speed warning devices. 25. 26 27. 28. 29. Loss of pressurisation device. Landing gear: aural warning device. Altitude alerting system. Ground proximity warning system. Weather radar. PART VI – FLIGHT DATA RECORDER AND COCKPIT VOICE RECORDER 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. Cockpit voice recorders: aeroplane. Cockpit voice recorders: duration - aeroplane. Cockpit voice recorders: general requirements - aeroplane. Cockpit voice recorders: helicopters. Cockpit voice recorders: duration - helicopters. Cockpit voice recorders: performance requirements. Cockpit voice recorders: inspections. Flight data recorders. Flight data recorders: aeroplanes Flight data recorders: helicopters Flight data recorder duration Flight data recorder: information recorded Recording of data link communication PART VII - EMERGENCY, RESCUE AND SURVIVAL EQUIPMENT 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. Emergency equipment: all aircraft. Means for emergency evacuation. Emergency lighting. Exits. Flights over designated land areas: all aircraft. Survival equipment. Emergency locator transmitter: aeroplanes Emergency locator transmitter: helicopters Portable fire extinguishers. Lavatory fire extinguisher. Lavatory smoke detector. Crash axe. Marking of break-in points. First-aid and emergency medical kit. Supplemental oxygen pressurized aeroplanes. Oxygen equipment and supply requirements: pressurized aeroplanes Supplemental oxygen – non-pressurized aircraft. Oxygen supply requirements - non-pressurized aircraft. Protective breathing equipment. First-aid oxygen dispensing units. Megaphones: aeroplane. Megaphones: helicopters. Individual flotation devices. 327 Official Gazette nº 21bis of 25/05/2015 66. 67. 68. Life rafts. Life jackets: helicopters. Flotation devices for helicopters ditching. PART VIII – MISCELLANEOUS SYSTEMS AND EQUIPMENT 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. Seats, safety belts and shoulder harnesses. Passenger and pilot compartment doors. Passenger information signs. Public address system. Materials for cabin interiors. Materials for cargo and baggage compartments. Power supply, distribution and indication system. Protective circuit fuses. Aeroplanes in icing conditions. Icing detection. Pitot indication systems. Static pressure system. Windshield wipers. Chart holder. Cosmic radiation detection equipment. Seaplanes and amphibians – miscellaneous equipment. _______ SCHEDULES _______ FIRST SCHEDULE Flight Data Recorder – Information to be Recorded 328 Official Gazette nº 21bis of 25/05/2015 THE CIVIL AVIATION (INSTRUMENTS AND EQUIPMENT) REGULATIONS 2015 PART I – PRELIMINARY Citation. 1. These Regulations may be cited as the Civil Aviation (Instruments and Equipment) Regulations 2015 PART II – GENERAL REQUIREMENTS FOR AIRCRAFT EQUIPMENT AND INSTRUMENTS General instrument and equipment requirements 2. (1) A person shall not fly an aircraft unless its prescribed instruments and equipment, including their installation, are approved or accepted by the State of registry in conformity with the laws and regulations of that State.. (2) A person shall not fly an aircraft registered in Rwanda, unless the aircraft is equipped as specified under these Regulations. (3) A person may fly an aircraft registered in Rwanda with such additional or special equipment as the Authority may determine. (5) (4) A person operating an aircraft in Rwanda shall ensure that all the required emergency equipment is installed on board the aircraft, is clearly marked, and is stowed or maintained so as not to be source of danger on the aircraft. In addition to the minimum equipment necessary for the issuance of a certificate of airworthiness, the instruments, equipment and flight documents prescribed in these Regulations shall be installed or carried, as appropriate, in all aircraft according to the aircraft used and to the circumstances under which the flight is to be conducted. (6) An aircraft shall carry: (a) a certified true copy of the air operator certificate specified in regulation 8 of the Civil Aviation (Air Operator Certification and Administration) Regulations and a copy of the authorizations, conditions and limitations relevant to the aircraft type, issued in conjunction with the certificate; provided that when the certificate and the associated authorizations, conditions and limitations are issued by the State of the operator in a language other than English, and English translation shall be included. (b) the operations manual prescribed in regulation 34 of the Civil Aviation (Air Operator Certification and Administration) Regulations or those parts of it that pertain to flight operations; (c) the flight manual for the aircraft, or other documents containing performance data required for the application of regulations 102 et seq. on Aircraft Operating and Performance Limitations of the Civil Aviation (Operation of Aircraft) Regulations and any other information necessary for the operation of the aircraft within the terms of its certificate of airworthiness, unless these data are available in the operations manual; and (d) current and suitable charts to cover the route of the proposed flight and any route along which it is reasonable to expect that the flight may be diverted. (7) For all aircraft, all required instruments and equipment shall be approved and installed in accordance with applicable airworthiness requirements. 329 Official Gazette nº 21bis of 25/05/2015 (8) Prior to operation in Rwanda of any foreign registered aircraft that uses an airworthiness inspection program approved or accepted by the State of registry, the owner or operator shall ensure that instruments and equipment required by these Regulations but not installed in the aircraft are properly installed and inspected in accordance with the requirements of the State of registry. (9) An air operator certificate holder shall ensure that a flight does not commence unless the required equipment: (a) meets the minimum performance standard and the operational and (b) (c) airworthiness requirements; is installed such that the failure of any single unit required for either communication or navigation purposes, or both, shall not result in the inability to communicate or navigate safely on the route being flown; and is in operable condition for the kind of operation being conducted, except as provided in the minimum equipment list. (10) If equipment is to be used by one flight crew member at his station during flight, that equipment shall be installed so as to be readily operable from his station. (11) Where a single item of equipment is required to be operated by more than one flight crew member, the equipment shall be installed so as to be readily operable from any station at which it is required to be operated PART III- FLIGHT AND NAVIGATIONAL INSTRUMENTS General requirements Navigation equipment 3. (1) A person shall not fly an aircraft unless it is equipped with flight and navigational instruments which shall enable the flight crew to: (a) (b) (c) control the flight path of the aircraft; carry out any required procedural manoeuvres; and observe the operating limitations of the aircraft in the expected operating conditions. (2) Where a means is provided on any aircraft for transferring an instrument from its primary operating system to an alternative system, the means shall include a positive positioning control and shall be marked to indicate clearly which system is being used. (3) For all aircraft, those instruments that are used by any one flight crew member shall be so arranged as to permit the flight crew member to see the indications readily from his station, with the minimum practicable deviation from the position and line of vision which the flight crew member normally assumes when looking forward along the flight path. 4. (1) A person shall not operate an aircraft unless it is equipped with navigation equipment which shall enable it to proceed in accordance with: – (a) the operational flight plan; (b) prescribed required navigational performance types; and (c) the requirements of air traffic services. (2) The requirements of sub-regulation (1) shall not apply where navigation under visual flight rules is accomplished by visual reference to landmarks, if not precluded by the appropriate authority for the route and airspace. (3) No person shall operate an aircraft unless that aircraft is equipped with sufficient navigation equipment to ensure that, in the event of failure of one item of equipment at any stage of the flight, the remaining equipment shall enable the 330 Minimum flight and navigational instruments: VFR operations 5. Official Gazette nº 21bis of 25/05/2015 aircraft to continue navigating in accordance with the requirements (4) A radio navigation system fitted in an aircraft shall have an independent antenna installation, except that, where rigidly supported non-wire antenna installations of equivalent reliability are used, only one antenna is required. (1) An operator shall not operate an aircraft in accordance with visual flight rules (VFR) unless it is equipped with the following flight and navigational instruments and associated equipment where applicable: (a) a magnetic compass; (b) (c) (d) (e) (f) an accurate timepiece showing the time in hours, minutes, and seconds; a sensitive pressure altimeter; an airspeed indicator; a vertical speed indicator; a turn and slip indicator, or a turn coordinator incorporating a slip indicator; an attitude indicator; a stabilised direction indicator; a means of indicating in flight crew compartment the outside air temperature calibrated in degrees Celsius; a secondary surveillance radar (SSR) transponder with mode C (pressure- altitude reporting together with identification) for all aircraft except gliders, balloons, airships, kites and aircraft whose original certification does not include an engine powered electrical system and has not been subsequently certified for installation of such a system, provided it is operated in accordance with the latest effective edition of Volume IV- Surveillance Radar and Collision Avoidance System of Annex 10 – Aeronautical Telecommunications to the Chicago Convention..; and such additional instruments or equipment as may be prescribed by the Authority; (g) (h) (i) (j) (k) provided that for flights which do not exceed sixty minutes duration, which take off and land at the same aerodrome, and which remain within fifty nautical miles of that aerodrome, the instruments prescribed in sub-paragraphs (f), (g) and (h), and regulations 6(1)(d), (e), and (f), may all be replaced by either a turn and slip indicator, or a turn coordinator incorporating a slip indicator, or both an attitude indicator and a slip indicator; (2) An operator shall not operate an aircraft in accordance with VFR which is operated as controlled flight unless it is equipped with the flight and navigational instruments and associated equipment where applicable set for IFR operations in regulation 7. 6. (1) An operator shall not operate an aircraft that requires two pilots to operate unless each pilot’s station is equipped with separate instruments as follows: (a) a sensitive pressure altimeter; (b) an airspeed indicator; (c) a vertical speed indicator; (d) a turn and slip indicator, or a turn co-ordinator incorporating a slip indicator; (e) an attitude indicator; and (f) a stabilised direction indicator. (2) Whenever two pilots are required to operate an aircraft an airspeed indicating system shall be equipped with a heated pitot tube or equivalent means for preventing malfunction due to either condensation or icing for: 331 Instruments for operations requiring two pilots: VFR operations Official Gazette nº 21bis of 25/05/2015 (a) aeroplanes with a maximum certificated take-off mass of over 5,700 kg or having a maximum approved passenger seating configuration of more than nine; (b) helicopters with a maximum certificated take-off mass over 3,180 kg or having a maximum approved passenger seating configuration of more than nine. (3) Whenever duplicate instruments are required to operate an aircraft, separate displays for each pilot and separate selectors or other associated equipment where appropriate shall be provided. (4) Whenever two pilots are required to operate an aircraft, the aircraft shall be equipped with means for indicating when power is not adequately supplied to the required flight instruments; (5) Whenever two pilots are required to operate an aircraft an operator shall not conduct VFR operations unless the aeroplane is equipped with a headset with boom microphone or equivalent for each flight crew member on cockpit duty. Minimum flight and navigational instruments: IFR operations 7. (1) A person shall not fly an aircraft in accordance with instrument flight rules (IFR), or when the aircraft cannot be maintained to a desired altitude without reference to one or more flight instruments, unless the aircraft is equipped with: (a) (b) (c) a magnetic compass; an accurate timepiece showing the time in hours, minutes, and seconds; two sensitive pressure altimeters with counter drum-pointer or equivalent presentation and in the case of general aviation operations, a sensitive pressure ; an airspeed indicating system with a means of preventing malfunctioning due to either condensation or icing; a turn and slip indicator; an attitude indicator (artificial horizon); a heading indicator (directional gyroscope); a means of indicating whether the supply of power to the gyroscopic instruments is adequate; a means of indicating in the flight crew compartment the outside air temperature; vertical speed indicator; a rate-of climb and descent indicator; for aeroplanes only, two independent static pressure systems, except that for propeller driven aeroplanes with maximum certificated take off mass of 5,700 kg or less, one static pressure system and one alternate source of static pressure is allowed; for helicopters only, a stabilization system, unless it has been demonstrated to the satisfaction of the certificating authority that the helicopter possesses, by nature of its design, adequate stability without such system; a secondary surveillance radar (SSR) transponder with mode C (pressure- altitude reporting together with identification), except gliders, airships, kites, general aviation operations and aircraft whose original certification does not include an engine powered electrical system and has not been subsequently certified for installation of such a system, provided it is operated in accordance with the latest effective edition of Volume IV- Surveillance Radar and Collision Avoidance System of Annex 10 – Aeronautical Telecommunications to the Chicago Convention; and such additional instrument or equipment as may be prescribed by the 332 (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) Official Gazette nº 21bis of 25/05/2015 appropriate authority.. (2) A person shall not operate an aeroplane under IFR unless the aeroplane is equipped with navigation equipment in accordance with the requirements of air traffic services in the areas of operation, but not less than: (a) one VHF Omnidirectional radio range receiving system, automatic directional finder system, one distance measuring equipment, one Marker Beacon receiving system. one instrument landing system (ILS) or microwave landing system (MLS) where ILS or MLS is required for approach navigation purposes; an Area Navigation System when area navigation is required for the route being flown; an additional VHF omnidirectional radio range (VOR) receiving system on any route, or part thereof, where navigation is based only on VOR signals; and an additional automatic direction finder (ADF) system on any route, or part thereof, where navigation is based only on non-directional beacon (NDB) signals. (b) (c) (d) (e) (3) All aircraft intended to land in instrument meteorological conditions (IMC) or at night shall be provided with radio navigation equipment capable of receiving signals providing guidance to: (a) (b) (c) a point from which a visual landing can be effected; each aerodrome at which it is intended to land in IMC; and any designated alternate aerodromes. (4) An air operator certificate holder shall not conduct single pilot IFR operations unless the aeroplane is equipped with (a) a serviceable autopilot that has at least altitude hold and heading select modes; a headset with a boom microphone or equivalent; and (b) (c) means of displaying charts that enables them to be readable in all ambient light conditions (5) Where aeroplanes are equipped with automatic landing systems, a HUD or equivalent displays, EVS, SVS or CVS, or any combination of those systems into a hybrid system, the use of such systems for the safe operation of an aeroplane shall be approved by the Authority. In approving the operational use of automatic landing systems, a HUD or equivalent displays, EVS, SVS or CVS, the Authority shall ensure that: (a) (6) the appropriate airworthiness certification the equipment meets requirements; the operator has carried out a safety risk assessment of the operations supported by the automatic landing systems, a HUD or equivalent displays, EVS, SVS or CVS; the operator has established and documented the procedures for the use of, and training requirements for, automatic landing systems, a HUD or equivalent displays, EVS, SVS or CVS. (b) (c) (7) Where portable electronic flight bags (EFBs) are used on board, the operator shall ensure that they do not affect the performance of the aeroplane systems, equipment or the ability to operate the aeroplane. (8) Where EFBs are used on board an aeroplane the operator shall: (a) (b) assess the safety risk(s) associated with each EFB function; establish and document the procedures for the use of, and training requirements for, the device 333 Official Gazette nº 21bis of 25/05/2015 (c) (d) and each EFB function; and ensure that, in the event of an EFB failure, sufficient information is readily available to the flight crew for the flight to be conducted safely. (9) The Authority shall approve the operational use of EFB functions to be used for the safe operations of aeroplanes. (10) In approving the use of EFBs, the Authority shall ensure that: (a) (b) (c) (d) (e) (f) the EFB equipment and its associated installation hardware, including interaction with aeroplane systems if applicable, meet the appropriate airworthiness certification requirements; the operator has assessed the safety risks associated with the operations supported by the EFB function(s); the operator has established requirements for redundancy of the information (if appropriate) contained in and displayed by the EFB function(s); the operator has established and documented procedures for the management of the EFB function(s) including any database it may use; and the operator has established and documented the procedures for the use of, and training requirements for, the EFB and the EFB function(s) (11) An aircraft shall be sufficiently provided with navigation equipment to ensure that, in the event of the failure of one item of equipment at any stage of the flight, the remaining equipment will enable the aeroplane to navigate in accordance with these Regulations. Additional Systems and equipment for single- engine turbine-powered aeroplanes: Night and IMC operations 8. Single-engine turbine-powered aeroplanes approved by the Authority to operate at night and/or in instrument meteorological conditions (IMC) shall be equipped with the following systems and equipment intended to ensure continued safe flight and to assist in achieving a safe forced landing after an engine failure, under all allowable operating conditions: (a) (b) (c) two separate electrical generating systems, each one capable of supplying all probable combinations of continuous in-flight electrical loads for instruments, equipment and systems required at night and/or in IMC; a radio altimeter; an emergency electrical supply system of sufficient capacity and endurance, following loss of all generated power, to as a minimum: the operation of all essential (i) maintain instruments, communication and navigation systems during a descent from the maximum certificated altitude in a glide configuration to the completion of a landing; flight (ii) lower the flaps and landing gear, if applicable; (iii) provide power to one pitot heater, which must serve an air speed indicator clearly visible to the pilot; (iv) provide for operation of the landing light specified in (j); (v) provide for one engine restart, if applicable; and (vi) provide for the operation of the radio altimeter; (d) two attitude indicators, powered from independent sources; (e) a means to provide for at least one attempt at engine re-start; (f) airborne weather radar; (g) a certified area navigation system capable of being programmed with the 334 Official Gazette nº 21bis of 25/05/2015 positions of aerodromes and safe forced landing areas, and providing instantly available track and distance information to those locations; (h) for passenger operations, passenger seats and mounts which meet dynamically-tested performance standards and which are fitted with a shoulder harness or a safety belt with a diagonal shoulder strap for each passenger seat; in pressurized aeroplanes, sufficient supplemental oxygen for all occupants for descent following engine failure at the maximum glide performance from the maximum certificated altitude to an altitude at which supplemental oxygen is no longer required; (i) (j) a landing light that is independent of the landing gear and is capable of adequately illuminating the touchdown area in a night forced landing; and (k) an engine fire warning system. Instruments for operations requiring two pilots: IFR operations 9. An operator shall not operate an aircraft that requires two pilots to operate unless the second pilot’s station has separate instruments as follows: (a) a sensitive pressure altimeter calibrated in feet with a sub-scale setting, calibrated in hectopascals or millibars, adjustable for any barometric pressure likely to be set during flight; (b) an airspeed indicating system with a means of preventing malfunctioning due to either condensation or icing; (c) a vertical speed indicator; (d) a turn and slip indicator, or a turn coordinator incorporating a slip indicator; (e) an attitude indicator; and (f) a stabilised direction indicator; Standby attitude indicator 10. (1) A person shall not operate an aeroplane with a maximum certificated take-off mass of over 5,700 kg,. or a helicopter of performance Class 1 and 2 operated under instrument flight rules (IFR), unless it is equipped with an attitude indicator (artificial horizon) visible to the pilot-in-command, that: is powered continuously during normal operation; (a) operates independently of any other attitude indicating system; (b) (c) after a total failure of the normal electrical generating system, is automatically powered for a minimum of thirty minutes from a source independent of the normal electrical generating system; and (d) is appropriately illuminated during all phases of operation. (2) Where the attitude indicator referred to in sub-regulation (1): (a) is being operated by emergency power, it shall be clearly evident to the flight crew that it is operated by emergency power; and (b) has its own dedicated power supply there shall be an associated indication, either on the instrument or on the instrument panel when this supply is in use. (3) Where the standby attitude instrument system is installed and usable through flight attitudes of 360 of pitch and roll, the turn and slip indicators may be replaced by slip indicators. Instruments and equipment required for Category II operations 11. (1) A person shall not fly an aircraft in a Category II operation unless the aircraft is fitted with the following instruments and equipment: (a) two localizer and glide slope receiving systems; (b) a communications system that does not affect the operation of at least one of the instrument landing system systems; 335 Official Gazette nº 21bis of 25/05/2015 (c) a marker beacon receiver that provides distinctive aural and visual indications of the outer and the middle markers; (d) two gyroscopic pitch and bank indicating systems; (e) two gyroscopic direction indicating systems; (f) two airspeed indicators; (g) two sensitive altimeters adjustable for barometric pressure, having markings at 6 m (20 ft) intervals and each having a placarded correction for altimeter scale error and for the wheel height of the aircraft; (h) two vertical speed indicators; (i) the flight control guidance system may be operated from one of the receiving systems required by sub-paragraph (a) that consists of either: (i) flight director system capable of displaying computed information as steering command in relation to an instrument landing system localizer and, on the same instrument, either computed information as pitch command in relation to an instrument landing system (ILS) glide slope or basic landing system glide slope information; instrument (ii) an automatic approach coupler capable providing at least automatic steering in relation to an ILS localiser; (j) for Category II operations with decision heights below 45.5 m (150 ft) either a marker beacon receiver providing aural and visual indications of the inner marker or a radio altimeter; (k) warning systems for immediate detection by the pilot of system faults in items specified in sub-paragraphs (a), (d), (e) and (i) and, if installed for use in Category III operations, the radio altimeter and autothrottle system; dual controls; (l) (m) an externally vented static pressure system with an alternate static pressure source; (n) a windshield wiper or equivalent means of providing adequate cockpit visibility for a safe visual transition by either pilot to touchdown and rollout; and (o) a heat source for each airspeed system pitot tube installed or an equivalent means of preventing malfunctioning due to icing of the pitot system. (2) The instruments and equipment specified in this regulation shall be approved in accordance with the provisions of the Maintenance Programme referred under regulation 12 before being used in Category II operations. 12. Approval and maintenance of instruments and equipment required for Category II operations (1) A person shall not fly an aircraft unless the instruments and equipment required by regulation 11 have been approved as provided in this regulation for use in Category II operations. (2) Before presenting an aircraft for approval of the instruments and equipment, it shall be shown that since the beginning of the 12th calendar month of the date of submission: (a) (b) the instrument landing system localizer and glide slope equipment were bench checked according to the manufacturer's instructions and found to meet the standards specified by the Authority; the altimeters and the static pressure systems were tested and inspected and found to meet the requirements of the manufacturers maintenance manual; and (c) all other instruments and items of equipment specified in this regulation that 336 Official Gazette nº 21bis of 25/05/2015 are listed in the proposed maintenance program were bench checked and found to meet the manufacturer’s maintenance manual. (3) All components of the flight control guidance system shall be approved as installed by the evaluation program specified in this regulation if they have not been approved for Category III operations under applicable type or supplemental type certification procedures. (4) Any subsequent changes to make, model, or design of the components shall be approved by the Authority and related systems or devices, such as the autothrottle and computed missed approach guidance system, shall be approved in the same manner if they are to be used for Category II operations. (5) A radio altimeter shall meet the performance criteria of this sub-regulation for (b) original approval and after each subsequent alteration: (a) it shall display to the flight crew clearly and positively the wheel height of the main landing gear above the terrain; it shall display wheel height above the terrain to an accuracy of ±1,5 m (5 ft) or 5 percent, whichever is greater, under the following conditions– (i) (ii) (iii) pitch angles of zero to ±5° about the mean approach attitude; roll angles of zero to 20° in either direction; forward velocities from minimum approach speed up to 200 knot; and sink rates from zero to 4,6 m (15 ft) per second at altitudes from 30 m (100 ft) to 60 m (200 ft); (iv) (c) over level ground, it shall track the actual altitude of the aircraft without significant lag or oscillation; (d) with the aircraft at an altitude of 60 m (200 ft) or less, any abrupt change in terrain representing no more than ten percent of the aircraft's altitude shall not cause the altimeter to unlock, and indicator response to such changes shall not exceed 0.1 seconds. If the system unlocks for greater changes, it shall reacquire the signal in less than one second; systems that contain a push to test feature shall test the entire system with or without an antenna at a simulated altitude of less than 150 m (500 ft); and the system shall provide to the flight crew a positive failure warning display any time there is a loss of power or an absence of ground return signals within the designed range of operating altitudes. (e) (f) (6) All other instruments and items of equipment required by regulation 11 shall be capable of performing as necessary for Category II operations and shall be approved by the Authority after each subsequent alteration to these instruments and items of equipment. (7) (a) Approval by evaluation is requested as a part of the application for approval of the Category II manual. (b) Unless otherwise authorized by the Authority, the evaluation program for each aircraft requires the following demonstrations: (i) at least fifty instrument landing system approaches shall be flown with at least five approaches on each of three different instrument landing system facilities and no more than one half of the total approaches on any one instrument landing system facility. all approaches shall be flown under simulated instrument conditions to a 30 m (100 ft) decision height and ninety percent of the total approaches made shall be successful, a successful approach (ii) 337 Official Gazette nº 21bis of 25/05/2015 is one in which: (aa) (bb) at the 30 m (100 ft) decision height, the indicated airspeed and heading are satisfactory for a normal flare and landing (speed shall be ±5 knots of programmed airspeed, but shall not be less than computed threshold speed if autothrottles are used); the aircraft at the 30 m (100 ft) decision height, is positioned so that the cockpit is within, and tracking so as to remain within, the lateral confines of the extended runway; (cc) deviation from glide slope after leaving the outer marker does not exceed fifty percent of full-scale deflection as displayed on the ILS indicator; (dd) no unusual roughness or excessive attitude changes occur (ee) after leaving the middle marker; and in the case of an aircraft equipped with an approach coupler, the aircraft is sufficiently in trim when the approach coupler is disconnected at the decision height to allow for the continuation of a normal approach and landing. (8) During the evaluation program the following information shall be maintained by the applicant for the aircraft with respect to each approach and made available to the Authority upon request: (a) each deficiency in airborne instruments and equipment that prevented the initiation of an approach; the reasons for discontinuing an approach, including the altitude above the runway at which it was discontinued, speed control at the 30 m (100 ft) decision height if auto throttles are used; trim condition of the aircraft upon disconnecting the auto coupler with respect to continuation to flare and landing; position of the aircraft at the middle marker and at the decision height indicated both on a diagram of the basic instrument landing system display and a diagram of the runway extended to the middle marker, with the estimated touchdown point indicated on the runway diagram; compatibility of flight director with the auto coupler, if applicable; and quality of overall system performance. (b) (c) (d) (e) (f) (g) (9) A final evaluation of the flight control guidance system is made upon successful completion of the demonstrations. If no hazardous tendencies have been displayed or are otherwise known to exist, the system is approved as installed. (10) Any bench check required by this regulation and regulation 13 shall: (a) (b) an instrument rating; a radio rating; or computer rating, be performed by an approved maintenance organization holding one of the following ratings as appropriate to the equipment checked: – (i) (ii) (iii) consist of removal of an instrument or item of equipment and performance of the following: (i) a visual inspection for cleanliness, impending failure, and the need for lubrication, repair, or replacement of parts; (ii) correction of items found by that visual inspection; and (iii) calibration to at least the manufacturer's specifications unless 338 Official Gazette nº 21bis of 25/05/2015 otherwise specified in the approved Category II manual for the aircraft in which the instrument or item of equipment is installed. Maintenance programme for instruments and equipment required for Category II operations 13. (1) A maintenance program for Category II instruments and equipment shall contain the following: (a) a list of each instrument and item of equipment specified in regulation 11 that is installed in the aircraft and approved for Category II operations, including the make and model of the instruments and items specified in that regulation; (b) a schedule that provides for the performance of inspections under paragraph (e) within three months after the date of the previous inspection, subject to the following: (i) the inspection shall be performed by a person authorized by the Civil Aviation (Airworthiness) Regulations, except that each alternate inspection may be replaced by a functional flight check; and the functional flight check shall be performed by a pilot holding a Category II operation pilot authorization for the type aircraft checked; (ii) (c) a schedule that provides for the performance of bench checks for each listed instrument and item of equipment that is specified in regulation 11 within twelve months after the date of the previous bench check; (d) a schedule that provides for the performance of a test and inspection of each static pressure system within twelve months after the date of the previous test and inspection; (e) the procedures for the performance of the periodic inspections and functional flight checks to determine the ability of each listed instrument and item of equipment specified in regulation 11 to perform as approved for Category II operations, including a procedure for recording functional flight checks; (f) a procedure for assuring that the pilot is informed of all defects in listed instruments and items of equipment; (g) a procedure for assuring that the condition of each listed instrument and item of equipment upon which maintenance is performed is at least equal to its Category II approval condition before it is returned to service for Category II operations; (h) a procedure for an entry in the maintenance records that shows the date, airport, and reasons for each discontinued Category II operation because of a malfunction of a listed instrument or item of equipment; and (i) A bench check required by this regulation shall comply with the requirements specified in regulation 12(10). (2) After the completion of one maintenance cycle of twelve months, a request to extend the period for checks, tests, and inspections may be approved if it is shown that the performance of particular equipment justifies the requested extension. 14. Navigation equipment for operations in minimal navigation performance specification airspace. (MNPS) (1) An air operator certificate holder shall not operate an aeroplane minimal navigation performance specification airspace unless it is equipped with navigation equipment that- (a) continuously provides indications to the flight crew of adherence to or departure from track to the required degree of accuracy at any point along that track; and (b) has been authorized by the State of Registry for minimal navigation performance specification operations concerned. 339 Official Gazette nº 21bis of 25/05/2015 (2) All equipment referred to in sub-regulation (1) shall comply with the minimal navigation performance specification prescribed in the latest effective edition of ICAO Doc. 7030 Regional Supplementary Procedures. (3) The navigation equipment required for air operator certificate holder operations in minimal navigation performance specification airspace shall be visible and usable by either pilot seated at his duty station. (4) For unrestricted operation in minimal navigation performance specification airspace, an aeroplane operated by an air operator certificate holder shall be equipped with two independent long-range navigational systems. (5) For operation in minimal navigation performance specification airspace along notified special routes, an aeroplane operated by an air operator certificate holder shall be equipped with one long range navigational systems, unless otherwise specified. 15. (1) A person shall not operate an aeroplane in reduced vertical separation minimum airspace unless it is provided with equipment which is capable of: (a) (b) (c) indicating to the flight crew the flight level being flown; automatically maintaining a selected flight level; providing an alert to the flight crew when a deviation occurs from the selected flight level, with the threshold for the alert not exceeding 90 m (300 ft); and automatically reporting pressure-altitude. (d) Equipment for operations in reduced vertical separation minimum airspace (RVSM) (2) The equipment referred to in sub-regulation (1) of this regulation shall comply with minimum requirements prescribed in the latest effective edition of ICAO Doc 9574 Manual for the Implementation of a 300m (1000ft) Vertical Separation Minimum Between FL 290 and FL 410 inclusive. Mach number indicator 16. A person shall not operate an aeroplane with speed limitations expressed in terms of Mach number, unless it is equipped with a Mach number indicator. PART IV- COMMUNICATION EQUIPMENT Radio equipment 17. (1) A person shall not operate an aircraft unless it is equipped with radio equipment: that complies with the law of the State of registry; required for the kind of operation being conducted; and (a) (b) (c) capable of receiving meteorological information at any time during the flight. (2) In any particular case, the Authority may direct that an aircraft registered in Rwanda shall carry such additional or special radio equipment as specified by the Authority for the purpose of facilitating the navigation of the aircraft, the carrying out of search and rescue operations, or the survival of the persons carried in the aircraft. (3) All aircraft operated under visual flight rules (VFR) or instrument flight rules (IFR) shall be equipped with radio communication equipment capable of conducting two-way communication for aerodrome control purposes, and capable of conducting two-way communication at any time during the flight with those aeronautical stations and on the frequencies prescribed by the Authority, including the aeronautical emergency frequency 121.5 MHz, this requirement is considered fulfilled if the ability to conduct the communications specified therein is established during radio propagation conditions which are normal for the route. (4) Subjet to sub-regulation (13), a person shall not operate an aircraft under IFR, or 340 Official Gazette nº 21bis of 25/05/2015 VFR over routes that cannot be navigated by reference to visual landmarks, unless the aeroplane is equipped with communication and navigation equipment in accordance with its operational flight plan and with the requirements of air traffic services in the area of operation, but not less than two independent radio communication systems necessary under normal operating conditions to communicate with an appropriate ground station from any point on the route including diversions. (5) A radio system referred to in sub-regulation (4) shall have an independent antenna installation except that where rigidly supported non-wire antennae or other antennae installations of equivalent reliability are used, only one antenna is required. (6) Where an air operator certificate holder is required to use more than one equipment unit required for either communications or navigation purposes or both, each unit shall be independent of the other or others to the extent that a failure in any one shall not result in failure of any other. (7) A person shall not operate an aircraft under IFR unless the aircraft is equipped with an audio selector panel accessible to each required flight crew member. (8) An air operator certificate holder shall not conduct single pilot IFR or night operations unless the aircraft is equipped with a headset with / or equivalent and a transmit button on the control wheel. (9) All aircraft when flying under IFR while making an approach to landing shall be equipped with a radio apparatus capable of receiving signals from one or more aeronautical radio stations on the surface, to enable the aircraft to be guided to a point from which a visual landing can be made at the aerodrome at which the aircraft is to land. (10) Subject to such exceptions as may be prescribed, the radio equipment provided in compliance with this regulation in any aircraft registered in Rwanda shall be maintained in a serviceable condition. (11) All radio equipment installed in any aircraft registered in Rwanda, in addition to the equipment required under these Regulations, shall be of a type approved by the Authority in relation to the purpose for which it is to be used, and shall, be installed in a manner approved by the Authority and licenced by the Communication Commission of Rwanda, and neither the equipment nor the manner in which it is installed shall be modified except with the approval of the Authority. (12) A person shall not operate an aircraft unless there is a boom or throat microphone available at each required flight crew member flight duty station (13) In case of general aviation operations, the visual landmarks referred to in sub- regulation (4) shall be located at least every 110 km (60 NM). Airborne collision avoidance system 18. A person shall not fly a turbine-engined aeroplane of a maximum certificated take-off mass in excess of 5 700 kg or authorized to carry more than 19 passengers shall be equipped with an airborne collision avoidance system (ACAS II). Altitude Reporting transponder 19. (1) A person shall not operate an aeroplane or helicopter in airspace that requires a pressure-altitude reporting transponder unless that equipment is operative. (2) No person may operate an aeroplane in reduced vertical separation minimum (RVSM) airspace unless it is equipped with a system that is automatically reporting pressure altitudes. (3) All aeroplanes shall be equipped with a data source that provides pressure-altitude information with a resolution of 7.62 m (25 ft), or better 341 Crew member interphone system: aeroplane 20. Official Gazette nº 21bis of 25/05/2015 (1) An air operator certificate holder shall not operate an aeroplane on which a flight crew of more than one is required unless it is equipped with a flight crew interphone system, including headsets and microphones, not of a handheld type, for use by all members of the flight crew. (2) An air operator certificate holder shall not operate an aeroplane with a maximum certified take-off mass exceeding 15,000 kg or having a maximum approved passenger seating configuration of more than nineteen unless it is equipped with a crew member interphone system that: (a) operates independently of the public address system except for handsets, headsets, microphones, selector switches and signalling devices; (b) provides a means of two-way communication between the flight crew compartment and each- (i) (ii) (iii) passenger compartment; galley located other than on a passenger deck level; and remote crew compartment that is not on the passenger deck and is not easily accessible from a passenger compartment; (c) is readily accessible for use: (i) from each of the required flight crew stations in the flight crew compartment; and at required cabin crew member stations close to each separate or pair of floor level emergency exits; (ii) (d) has an alerting system incorporating aural or visual signals for use by flight crew members to alert the cabin crew and for use by cabin crew members to alert the flight crew; (e) has a means for the recipient of a call to determine whether it is a normal call or an emergency call; and (f) provides on the ground a means of two-way communication between ground personnel and at least two flight crew members. Crew member interphone system: helicopter 21. An air operator certificate holder shall not operate a helicopter carrying a crew member other than a flight crew member unless it is equipped with a crew member interphone system which: (a) (b) (c) (d) (e) (f) operates independently of the public address system except for handsets, headsets, microphones, selector switches and signalling devices; provides a means of two-way communication between the flight crew compartment and each crew member station; has readily accessible for use from each of the required flight crew stations in the flight crew compartment; is readily accessible for use at required cabin crew stations close to each separate or pair of floor level emergency exits; has an alerting system incorporating aural or visual signals for use by flight crew members to alert the flight crew; and has a means for the recipient of a call to determine whether it is a normal call or an emergency call. PART V - INSTRUMENTS AND EQUIPMENT 342 Aircraft lights and instrument illumination Official Gazette nº 21bis of 25/05/2015 22. A person shall not operate an aircraft unless it is equipped with: (a) for flight by day: (b) (i) anti-collision light system; (ii) lighting supplied from the aircraft electrical system to provide adequate illumination for all instruments and equipment essential for the safe operation of the aircraft; (iii) lighting supplied from the aircraft electrical system to provide adequate illumination in all passenger compartments; and (iv) an electric torch for each required crew member readily accessible to crew member when seated at their designated station; for flight by night, in addition to the equipment specified in regulation 7: (i) the lights required by the Civil Aviation (Rules of the Air and Air Traffic Control) Regulations for aircraft in flight or operating on the movement area of an aerodrome; (ii) lighting supplied from the aircraft electrical system to provide adequate illumination for all instruments and equipment essential for the safe operation of the aircraft that are used by the flight crew; (iii) lights in all passenger compartments; (iv) an electric torch for each crew member station; and (v) two landing lights or a single landing light having two separately energized filaments or, in case of an general aviation operations, one single landing light. Engine instruments 23. (1) A person shall not conduct any commercial air transport operations in any aircraft without the following engine instruments, where applicable: (a) (b) (c) (d) (e) a fuel pressure indicator for each engine; a fuel flowmeter; a means for indicating fuel quantity in each fuel tank to be used; an oil pressure indicator for each engine; an oil quantity indicator for each oil-tank when a transfer or separate oil reserve supply is used; an oil-in temperature indicator for each engine; a tachometer for each engine; and an independent fuel pressure warning device for each engine or a master warning device for all engines with a means for isolating the individual warning circuits from the master warning device. (f) (g) (h) (2) In addition to the equipment listed in sub-regulation (1), a reciprocating engine aircraft shall have the following: (a) (b) (c) (d) a carburettor air temperature indicator for each engine, a cylinder head temperature indicator for each air-cooled engine, a manifold pressure indicator for each engine, a device for each reversible propeller, to indicate to the pilot when the propeller is in reverse pitch, that complies with the following- (i) (ii) the device may be actuated at any point in the reversing cycle between the normal low pitch stop position and full reverse pitch, but it shall not give an indication at or above the normal low pitch stop position; and the source of indication shall be actuated by the propeller blade angle or be directly responsive to it. (3) In addition to the equipment listed in sub-regulation (1), an air operator certificate holder operating turbine engine aircraft shall have the following: (a) a gas temperature indicator for each engine; 343 Official Gazette nº 21bis of 25/05/2015 (b) an indication of engine thrust or gas stream pressure that can be related to thrust for each turbojet engine; (c) a torque indicator for each turbo propeller engine; (d) a blade position indicating means for each turbo-propeller engine propeller to provide an indication to the flight crew when the propeller blade angle is below the flight low pitch position; (e) a position indicator to the flight crew to indicate thrust reverse position; and (f) an indicator to indicate the functioning of the powerplant ice protection system. Warning Instruments and Systems Machmeter and speed warning devices 24. (1) A person shall not operate an aeroplane with compressibility limitations not the otherwise aeroplane is equipped with a machmeter at each pilot station. the required airspeed indicator unless indicated by (2) A person shall not operate an aeroplane requiring a speed warning device unless the device installed is capable of giving effective aural warnings differing distinctively from aural warnings used for other purposes, whenever the speeds exceeds the maximum operating limit speed VMO plus 6 knots or MMO + 0.01 Loss of pressurisation device 25. An operator shall not operate a pressurized aircraft intended to be operated at flight altitudes at which the atmospheric pressure is less than 376hPa unless the aircraft is equipped with a device to provide positive warning to the flight crew of any dangerous loss of pressurisation Landing gear: aural warning device 26. (1) A person shall not operate an aeroplane equipped with a retractable landing gear unless the aeroplane has landing gear aural warning device that functions continuously under the following conditions: (a) for aeroplanes with an established approach wing-flap position, whenever the wing flaps are extended beyond the maximum certified approach or climb configuration position in the Aeroplane Flight Manual and the landing gear is not fully extended and locked; and (b) for aeroplanes without an established approach climb wingflap position, whenever the wing flaps are extended beyond the position at which landing gear extension is normally performed and the landing gear is not fully extended and locked. (2) The warning system required under sub-regulation (1): (a) (b) shall not have a manual shut off; shall be in addition to the throttle-actuated device installed under the type certification airworthiness requirements; and (c) may utilise any part of the throttle-actuated system including the aural warning device. (3) The flap position-sensing unit required under sub-regulation (1) may be installed at any suitable place in the aeroplane. Altitude alerting system 27. (1) A person shall not operate a turbojet-powered aeroplane unless that aeroplane is equipped with an approved altitude alerting system or device that is in operable condition and meets the requirements of sub-regulation (2). (2) An altitude alerting system or device required under sub-regulation (1) shall be able to: 344 Ground proximity warning system (GPWS) 28. Official Gazette nº 21bis of 25/05/2015 (a) alert the flight crew upon approaching a pre-selected altitude in either ascent or descent, by a sequence of- (i) both aural and visual signals in sufficient time to establish level flight at that pre-selected altitude; or (ii) visual signals in sufficient time to establish level flight at that pre- selected altitude, and when deviating above and below that pre-selected altitude, by an aural signal; (b) provide the required signals from sea level to the highest operating altitude approved for the aeroplane in which it is installed; (c) pre-select altitudes in increments that are commensurate with the altitudes at which the aircraft is operated; (d) be tested without special equipment to determine proper operation of the alerting signals, and (e) accept necessary barometric pressure settings if the system or device operates on barometric pressure; however, for operation below 900 m (3,000 ft) above ground level (AGL), the system or device need only provide one signal, either visual or aural, to comply with this paragraph; a radio altimeter may be included to provide the signal if the operator has an approved procedure for its use to determine decision height or minimum deviation altitude, as appropriate. (3) An operator to which this regulation applies shall establish and assign procedures for the use of the altitude alerting system or device and each flight crew shall comply with those procedures assigned to him. (1) A person shall not fly a turbine-engined aeroplane of a maximum certificated take- off mass of over 5,700 kg or authorized to carry more than nine passengers unless the aeroplane is equipped with a ground proximity warning system. (2) All turbine-engined aeroplanes of a maximum certificated take-off mass of over 15,000 kg or authorized to carry more than thirty passengers shall be equipped with a ground proximity warning system which has a forward looking terrain avoidance function. (3) All turbine-engined aeroplanes of over 5,700 kg maximum certificated take-off mass of over 5,700 kg or authorized to carry more than nine passengers, shall be equipped with a ground proximity warning system which has a forward looking terrain avoidance function. (4) All piston-engined aeroplanes of a maximum certificated take-off mass of over 5,700 kg or authorized to carry more than nine passengers, and all turbine-engined aeroplanes of a maximum certificated take-off mass of over 5,700 kg or authorized to carry more than five but less than nine passengers, shall be equipped with a ground proximity warning system which provides the warnings in sub-regulation (6) (a) and (c), warning of unsafe terrain clearance and a forward looking terrain avoidance function. (5) A ground proximity warning system shall provide automatically a timely and distinctive warning to the flight crew when the aeroplane is in potentially hazardous proximity to the earth’s surface. (6) A ground proximity warning system shall provide, unless otherwise specified herein, warnings of the following circumstances: (a) excessive descent rate; (b) (c) (d) excessive terrain closure rate; excessive altitude loss after take-off or go-around; unsafe terrain clearance while not in landing configuration– 345 Official Gazette nº 21bis of 25/05/2015 (i) gear not locked down; (ii) excessive descent below the instrument glide path. flaps not in a landing position; and (e) Weather radar 29. (1) An air operator certificate holder shall not operate: (a) a pressurized aeroplane; or (b) an unpressurized aeroplane which has a maximum certificated take-off mass of over 5,700 kg; or (c) an unpressurized aeroplaneaircraft having a maximum approved passenger seating configuration of more than 9 seats, or (d) a helicopter when carrying passengers unless it is equipped with airborne weather radar equipment whenever such an aircraft is being operated at night or in instrument meteorological conditions in areas where thunderstorms or other potentially hazardous weather conditions, regarded as detectable with airborne weather radar, may be expected to exist along the route. (2) The airborne weather radar equipment in propeller driven pressurized aeroplanes having a maximum certificated take-off mass of over 5,700 kg with a maximum approved passenger seating configuration not exceeding nine seats, operated by an air operator certificate holder at night and in instrument meteological conditions refered to in sub-regulation (1) may be replaced by other equipment capable of detecting thunderstorms and other potentially hazardous weather conditions, regarded as detectable with airborne weather radar equipment, subject to approval by the Authority. PART VI –FLIGHT DATA RECORDER AND COCKPIT VOICE RECORDER Cockpit voice recorders: aeroplane 30. (1) All turbine-engined aeroplanes of a maximum certificated take-off mass of over 2 250 kg, up to and including 5 700 kg, for which the application for type certification is submitted to a Contracting State on or after 1 January 2016 and required to be operated by more than one pilot shall be equipped with either a cockpit voice recorder (CVR) or a cockpit audio recording system (CARS). (2) All turbine-engined aeroplanes of a maximum certificated take-off mass of 5 700 kg o less for which the individual certificate of airworthiness is first issued on or after 1 January 2016 and required to be operated by more than one pilot should be equipped with either a CVR or a CARS. (3) The CVR and CARS shall start to record prior to the aeroplane moving under its own power and record continuously until the termination of the flight when the aeroplane is no longer capable of moving under its own power. (4) In addition to sub-regulation (3), depending on the availability of electrical power, the CVR and CARS shall start to record as early as possible during the cockpit checks prior to engine start at the beginning of the flight until the cockpit checks immediately following engine shutdown at the end of the flight. (5) An alternate power source shall automatically engage and provide ten minutes, plus or minus one minute, of operation whenever aeroplane power to the recorder ceases, either by normal shutdown or by any other loss of power. The alternate power source shall power the CVR and its associated cockpit area microphone components. The CVR shall be located as close as practicable to the alternate power source. 346 Official Gazette nº 21bis of 25/05/2015 (6) All aeroplanes of a maximum certificated take-off mass of over 27 000 kg for which the application for type certification is submitted to a Contracting State on or after 1 January 2018 shall be provided with an alternate power source, as defined in sub-regulation (4), that powers the forward CVR in the case of combination recorders. (7) All aeroplanes of a maximum certificated take-off mass of over 27 000 kg for which the individual certificate of airworthiness is first issued on or after 1 January 2018 should be provided with an alternate power source, as defined in sub- regulation (4) that powers at least one CVR. (8) The use of magnetic tape and wire CVRs shall be discontinued by 1 January 2016. (1) A person shall not fly an aeroplane unless the aeroplane is equipped with a cockpit voice recorder installed as required under regulation 30, capable of retaining the information recorded during at least the last thirty (30) minutes of its operation. (2) From 1 January 2016, all CVRs shall be capable of retaining the information recorded during at least the last two hours of their operation. (3) All aeroplanes, for which the individual certificate of airworthiness is first issued on or after 1 January 1990, and that are required to be equipped with a CVR, should have a CVR capable of retaining the information recorded during at least the last two hours of their operation. Cockpit voice recorders: duration - aeroplane. 31. Cockpit voice recorders: general requirements- aeroplane 32. (1) The CVR shall record on four separate channels, or more, at least the following: (a) (b) (c) (d) (e) (f) voice communication transmitted from or received in the aeroplane by radio; aural environment on the flight deck; voice communication of flight crew members on the flight deck using the aeroplane’s interphone system, if installed voice or audio signals identifying navigation or approach aids introduced in the headset or speaker; voice communication of flight crew members using the passenger address system, if installed; and digital communications with air traffic services (ATS), unless recorded by the flight data recorder. (2) The CARS shall record on two separate channels, or more, at least the following: (a) (b) (c) voice communication transmitted from or received in the aeroplane by radio; aural environment on the flight deck; and voice communication of flight crew members on the flight deck using the aeroplane’s interphone system, if installed. (3) A cockpit voice recorder container shall: (a) (b) (c) be painted a distinctive orange or yellow colour; carry reflective material to facilitate its location; and have securely attached an automatically activated underwater locating device operating at a frequency of 37.5 kHz. At the earliest practicable date, but not later than 1 January 2018, this device shall operate for a minimum of 90 days. (4) To aid in voice and sound discrimination, microphones in the cockpit shall be located in the best position for recording voice communications originating at the pilot and co-pilot stations and voice communications of other crew members on the flight deck when directed to those stations by wiring suitable boom 347 Official Gazette nº 21bis of 25/05/2015 microphones to record continuously on separate channels. (4) A cockpit voice recorder shall be installed so that: (a) the probability of damage to the recording is minimized by: locating the recorder as far aft as practicable, and (i) (ii) in the case of pressurized aeroplanes, locating the cockpit voice recorder in the vicinity of the rear pressure bulkhead; it receives its electrical power from a bus that provides the maximum reliability for the operation of the cockpit voice recorder without jeopardizing service to essential or emergency loads; there is an aural or visual means for pre-flight checking of the cockpit voice recorder for proper operation; and if the cockpit voice recorder has a bulk erasure device, the installation is designed to prevent operation of the device during flight time or crash impact. (b) (c) (d) (5) The flight recorder systems, when tested by methods approved by the appropriate certificating authority, shall be demonstrated to be suitable for the environmental extremes over which they are designed to operate. Means shall be provided for an accurate time correlation between the flight recorder systems recordings. (6) (7) The manufacturer shall provide the appropriate certificating authority with the following information in respect of the flight recording systems: (a) manufacturer’s operating instructions, equipment limitations and installation procedures; (b) parameter origin or source and equations which relate counts to units of measurement; and (c) manufacturer’s test reports. (1) Subject to sub-regulation (2), a person shall not fly a helicopter for which the individual certificate of airworthiness was first issued before, on or, as the case may be, after 1 January 1987 of a maximum certificated take-off mass of 3,180 kg or above unless the helicopter is equipped with a cockpit voice recorder (CVR) the objective of which is the recording of the aural environment on the flight deck during flight time. (2) Where the helicopter is not equipped with an flight data recorder (FDR) the main rotor speed shall be recorded on one track of the cockpit voice recorder (CVR). (1) Except as provided in sub-regulation (2), a person shall not fly a helicopter unless the helicopter is equipped with a cockpit voice recorder (CVR) capable of retaining the information recorded during at least the last 30 minutes of its operation. (2) A cockpit voice recorder (CVR) installed in a helicopter for which the individual certificate of airworthiness is first issued after 1 January 2003 shall be capable of retaining the information recorded during at least the last two hours of its operation. Cockpit voice recorders: helicopters 33. Cockpit voice recorders: duration- helicopters 34. Cockpit voice recorders: performance requirements 35. (1) The CVR shall be capable of recording on at least four channels simultaneously. On a tape-based CVR, to ensure accurate time correlation between channels, the CVR is to record in an in-line format. (2) If a bi-directional configuration is used, the in-line format and channel allocation shall be retained in both directions. (3) The preferred channel allocation shall be as follows: 348 Official Gazette nº 21bis of 25/05/2015 Channel 1 — co-pilot headphones and live boom microphone Channel 2 — pilot headphones and live boom microphone Channel 3 — area microphone Channel 4 — time reference plus the third and fourth crew members’ headphone and live microphone, if applicable. (4) The cockpit voice recorder shall, when tested by methods approved by the appropriate authority, be demonstrated to be suitable for the environmental extremes, which it is designed to operate. (5) Where a cockpit voice recorder is installed in an aircraft, means shall be provided for an accurate correlation between the cockpit voice recorder and the flight data recorder. Cockpit voice recorders: inspections 36. (1) Prior to the first flight of the day, the built-in test features for the flight recorders and flight data acquisition unit (FDAU), when installed, shall be monitored by manual and/or automatic checks. (2) Annual inspections of a cockpit voice recorder shall be conducted as follows: Flight data recorders (a) (b) the read-out of the recorded data shall ensure that the recorder operates correctly for the nominal duration of the recording; an examination of the recorded signal on the CVR or the CARS shall be carried out by replay of the cockpit voice recorder recording; (c) while installed in the aircraft, the CVR or the CARS shall record text signals from each aircraft source and from relevant external sources to ensure that all required signals meet intelligibility standards; and during the examination, a sample of in-flight recordings of the CVR or the CARS shall be examined for evidence that the intelligibility of the signal is acceptable. (d) (3) Flight recorder systems shall be considered unserviceable if there is a significant period of poor quality data, unintelligible signals, or if one or more of the mandatory parameters is not recorded correctly. (4) A report of the annual inspection referred to in sub-regulation (2) shall be made available to the Authority. 37. (1) A person shall not operate an aeroplane or helicopter unless it is equipped with an approved flight data recording systems, in compliance Regulation 38. (2) Flight recorders systems shall be constructed, located and installed so as to provide maximum practical protection for the recordings in order that the recorded information may be preserved, recovered and transcribed. The flight recorder systems containers shall: (a) Be painted a distinctive orange or yellow colour; (b) Carry reflective material to facilitate their location; and (c) Have securely attached an automatically activated underwater locating device. (3) Flight recorder systems shall be installed so that: (a) The probability of damage to the recordings is minimised; (b) They receive electrical power from a bus that provides the maximum reliability for operation of the flight recorder systems without jeopardising service to essential or emergency loads; (c) There is an aural or visual means for pre-flight checking that the flight recorder systems are operating properly; and (d) If the flight recorder systems have a bulk erasure device, the installation shall be designed to prevent operation of the device during flight time or 349 Official Gazette nº 21bis of 25/05/2015 crash impact. (e) They meet specifications. the prescribed crashworthiness and fire protection (4) The flight recorder systems, when tested by methods approved by the appropriate certificating authority, shall be demonstrated to be suitable for the environmental extremes over which they are designed to operate. (5) Means shall be provided for an accurate time correlation between the flight recorder systems recordings. (6) The manufacturer shall provide the appropriate certificating authority with the following information in respect of the flight recording systems: (a) manufacturer’s operating instructions, equipment limitations and installation procedures; (b) manufacturer’s test reports; and (c) for aeroplane flight recording systems, parameter origin or source and equations which relate counts to units of measurement; and Flight data recorders: aeroplanes 38. (1) (2) (3) (4) (5) (6) (7) All turbine-engined aeroplanes of a maximum certificated take-off mass of 5 700 kg or less for which the application for type certification is submitted to a Contracting State on or after 1 January 2016 shall be equipped with: (a) (b) a Type II FDR; or a Class C AIR or AIRS capable of recording flight path and speed parameters displayed to the pilot(s). For aeroplane FDR: (a) Types I and IA FDR shall record the parameters required to determine accurately the aeroplane flight path, speed, attitude, engine power, configuration and operation. (b) Types II and IIA FDRs shall record the parameters required to determine accurately the aeroplane flight path, speed, attitude, engine power and configuration of lift and drag devices. For helicopter FDR: (a) Type IV FDRs shall record the parameters required to determine accurately the helicopter flight path, speed, attitude, engine power and operation. (b) Type IVA FDRs shall record the parameters required to determine accurately the helicopter flight path, speed, attitude, engine power, operations and configuration. (c) Type V FDRs shall record the parameters required to determine accurately the helicopter flight path, speed, attitude and engine power. All aeroplanes of a maximum certificated take-off mass of over 27 000 kg for which the individual certificate of airworthiness is first issued on or after 1 January 1989 shall be equipped with a Type I FDR. All aeroplanes of a maximum certificated take-off mass of over 5 700 kg, up to and including 27 000 kg, for which the individual certificate of airworthiness is first issued on or after 1 January 1989, shall be equipped with a Type II FDR. All turbine-engined aeroplanes, for which the individual certificate of airworthiness was first issued on or after1 January 1987 but before 1 January 1989, with a maximum certificated take-off mass of over 5 700 kg, except those in sub-regulation (7), shall be equipped with an FDR which shall record time, altitude, airspeed, normal acceleration and heading. All turbine-engined aeroplanes, for which the individual certificate of 350 Official Gazette nº 21bis of 25/05/2015 airworthiness was first issued on or after1 January 1987 but before 1 January 1989, with a maximum certificated take-off mass of over 27 000 kg that are of types ofwhich the prototype was certificated by the appropriate national authority after 30 September 1969 shall be equipped with a Type II FDR. All turbine-engined aeroplanes, for which the individual certificate of airworthiness was first issued before1 January 1987, with a maximum certificated take-off mass of over 5 700 kg shall be equipped with an FDR which shall recordtime, altitude, airspeed, normal acceleration and heading. All aeroplanes of a maximum certificated take-off mass of over 5 700 kg for which the individual certificate of airworthiness is first issued after 1 January 2005 shall be equipped with a Type IA FDR. (8) (9) (10) All aeroplanes which are required to record normal acceleration, lateral acceleration and longitudinal acceleration for which the application for type certification is submitted to a Contracting State on or after 1 January 2016 and which are required to be fitted with an FDR shall record those parameters at a maximum sampling and recording interval of 0.0625 seconds. (11) All aeroplanes which are required to record pilot input and/or control surface position of primary controls (pitch, roll, yaw) for which the application for type certification is submitted to a Contracting State on or after 1 January 2016 and which are required to be fitted with an FDR shall record those parameters at a maximum sampling and recording interval of 0.125 seconds. The use of engraving metal foil FDRs, analogue FDRs using frequency modulation (FM), photographic film FDRs and magnetic tape FDRs shall not be accepted. (12) (13) No person shall operate an aeroplane of a maximum certificated take-off mass over 5 700 required to be equipped with an FDR and a CVR unless it is equipped with– (a) An FDR and a CVR; or (b) Two combination recorders (FDR/DVR). No person shall operate an aeroplane of a maximum certificated take-off mass of over 5 700 kg and which is required to be equipped with both a FDR and CVR unless the aeroplane is equipped with an FDR and a CVR or alternatively equipped with two combination recorders (FDR/CVR). (14) (15) No person may operate an aeroplane of a maximum certificated take-off mass of over 15 000 kg which is required to be equipped with both a CVR and an FDR, unless— (a) The aeroplane is equipped with two combination recorders (FDR/CVR), (b) and one recorder is located as close to the cockpit as practicable and the other recorder located as far aft as practicable. (16) No person may operate a multi-engined turbine-powered aeroplane of a (17) (18) maximum certificated take-off mass of 5 700 kg or less, unless – (a) The aeroplane is equipped with an FDR and/or a CVR, or (b) The aeroplane is equipped with one combination recorder (FDR/CVR). Flight recorder systems shall not be switched off during flight time. To preserve flight recorder records, flight recorders shall be deactivated upon completion of flight time following an accident or incident. The flight recorders shall not be reactivated before their disposition as determined in accordance with the Civil Aviation (Accident and Incident Investigation) Regulations. (19) Operators shall provide to accident investigator the documentation of flight 351 Official Gazette nº 21bis of 25/05/2015 (20) (21) (22) (23) recording systems parameters in electronic format and in accordance with manufacturer specifications The operator shall conduct operational checks and evaluations of recordings from the flight recorder systems to ensure the continued serviceability of the recorders. The procedures for the inspections of the flight recorder systems shall be in accordance with sub-regulation (23). The operator shall, prior to the first flight of the day, monitor the built-in test features for the flight recorders and flight data acquisition unit (FDAU), when installed, by monitored by manual and/or automatic checks. FDR systems or ADRS shall have recording system inspection intervals of one year; subject to the approval from the appropriate regulatory authority, this period may be extended to two years provided these systems have demonstrated a high integrity of serviceability and self-monitoring. (24) Recording system inspections shall be carried out as follows: (a) (b) (c) (d) an analysis of the recorded data from the flight recorders shall ensure that the recorder operates correctly for the nominal duration of the recording; the analysis of the FDR or the ADRS shall evaluate the quality of the recorded data to determine if the bit error rate (including those errors introduced by recorder, the acquisition unit, the source of the data on the aeroplane and by the tools used to extract the data from the recorder) is within acceptable limits and to determine the nature and distribution of the errors; a complete flight from the FDR or the ADRS shall be examined in engineering units to evaluate the validity of all recorded parameters. Particular attention shall be given to parameters from sensors dedicated to the FDR or the ADRS. Parameters taken from the aircraft’s electrical bus system need not be checked if their serviceability can be detected by other aircraft systems; the readout facility shall have the necessary software to accurately convert the recorded values to engineering units and to determine the status of discrete signals; (25) A flight recorder system shall be considered unserviceable if there is a significant period of poor quality data, unintelligible signals, or if one or more of the mandatory parameters is not recorded correctly. (26) A report of the recording system inspection shall be made available on request to the Authority for monitoring purposes. (27) Calibration of the FDR system: (a) for those parameters which have sensors dedicated only to the FDR and are not checked by other means, recalibration shall be carried out at least every five years or in accordance with the recommendations of the sensor manufacturer to determine any discrepancies in the engineering conversion routines for the mandatory parameters and to ensure that parameters are being recorded within the calibration tolerances; and (b) when the parameters of altitude and airspeed are provided by sensors that are dedicated to the FDR system, there shall be a recalibration performed as recommended by the sensor manufacturer, or at least every two years. Flight data recorders: 39. A person shall not fly a helicopter of a maximum certificated take-off mass of over: 352 helicopters Official Gazette nº 21bis of 25/05/2015 (a) 7,000 kg for which the individual certificate of airworthiness is first issued on or after 1 January 1989 unless it is equipped with a Type IV FDR, as defined in Annex 6 – Operation of Aircraft, to the Chicago Convention; (b) 2,730 kg up to and including 7,000 kg for which the individual certificate of airworthiness is first issued on or after 1 January 1989 unless it is equipped with a Type V FDR, as defined in Annex 6 – Operation of Aircraft, to the Chicago Convention; and (c) 3,180 kg for which the individual certificate of airworthiness is first issued after 1 January 2005 unless it is equipped with a Type IVA FDR, as defined in Annex 6 – Operation of Aircraft, to the Chicago Convention, with a recording duration of at least 10 hours. Flight data recorder duration 40. All FDRs shall be capable of retaining the information recorded during at least the last 25 hours of their operation, except for the Type IIA FDR which shall be capable of retaining the information recorded during at least the last 30 minutes of its operation. Flight data recorder: information recorded 41. A person shall not fly an aircraft unless it is equipped with a flight data recorder specified in this Part shall record the information specified in the Table set out in the latest effective edition of Attachment D, Table D-1, to Part I and Attachment B, Table B-1, to Part III, to Annex 6 – Operation of Aircraft to the Chicago Convention. Recording of data link communication 42. (1) The minimum recording duration of all data link communcations to and from the aeroplane shall be equal to the duration of the cockpit voice recorder (CVR), and shall be correlated to the recorded cockpit audio. (2) The recording shall contain sufficient information to derive the content of the data link communications message and, whenever practical, the time the message was displayed to or generated by the crew shall be recorded. (3) An aircraft required to be equipped with a flight data recorder (FDR) and a cockpit voice recorder (CVR) may alternatively be equipped with the following number of combination (FDR/CVR) recorders- (a) two - for all aeroplanes of a certificated takeoff mass of over 5 700kg; (b) one - for all multi-engined turbine powered aeroplanes of 5 700kg or less; and (c) one – for all helicopters of a maximum certificated take-off mass of over 2,700kg. PART VII - EMERGENCY, RESCUE AND SURVIVAL EQUIPMENT 43. (1) A person shall not operate an aircraft unless that aircraft is equipped with emergency and flotation equipment that is: (a) readily accessible to the crew and, with regard to equipment located in the time for to passengers without appreciable passenger compartment, preparatory procedures; (b) clearly identified and clearly marked to indicate its method of operation; (c) marked to indicate the date of last inspection; and (d) when carried in a compartment or container, marked to indicate the contents and the compartment or container or the item itself. (2) An item of emergency and flotation equipment referred to in sub-regulation (1) shall be inspected regularly in accordance with inspection periods approved by the 353 Emergency equipment: all aircraft Official Gazette nº 21bis of 25/05/2015 Authority. Means for emergency evacuation 44. (1) An air operator certificate holder shall not operate an aeroplane with passenger emergency exit sill heights: (a) which are more than 1.83 m (6 ft) above the ground with the aeroplane on the (b) ground and the landing gear extended; or which would be more than 1.83 m (6 ft) above the ground after the collapse of, or failure to extend of, one or more legs of the landing gear and for which a Type Certificate was first applied for on or after 1 April 2000, unless it has equipment or devices available at each exit, where sub-regulations (1) or (2) apply, to enable passengers and crew to reach the ground safely in an emergency. (2) The equipment or device referred to in sub-regulations (1) need not be provided at overwing exits if the designated place on the aeroplane structure at which the escape route terminates is less than 1.83 m (6 ft) from the ground with the aeroplane on the ground, the landing gear extended, and the flaps in the take off or landing position whichever flap positions is higher from the ground. (3) An aeroplane required to have a separate emergency exit for the flight crew and for which- (a) (b) the lowest point of the emergency exit is more than 1.83 m (6 ft) above the ground with the landing gear extended; or, a Type Certificate was first applied for on or after 1 April 2000, would be more than 1.83 m (6 ft) above the ground after the collapse of, or failure to extend of, one or more legs of the landing gear, Emergency lighting 45. shall have a device to assist all members of the flight crew in descending to reach the ground safely in an emergency. (1) A person shall not operate a passenger carrying aeroplane of a maximum approved passenger seating configuration of more than nine unless the aeroplane is provided with an emergency lighting system having an independent power supply to facilitate the evacuation of the aeroplane. (2) The emergency lighting system must include: (a) (b) for aeroplanes which have a maximum approved passenger seating configuration of more than nineteen- (i) sources of general cabin illumination; (ii) internal lighting in floor level emergency exit areas; (iii) illuminated emergency exit marking and locating signs; (iv) for aeroplanes for which the application for the type certificate or equivalent was filed in an appropriate authority when flying by night, exterior emergency lighting at all overwing exits, passenger emergency exits and at exits where descent assist means are required; and (v) for aeroplanes for which the type certificate was first issued by an appropriate authority on or after 1 January 1958, floor proximity emergency escape path marking system the passenger compartment(s); in for aeroplanes which have a maximum approved passenger seating configuration of 19 or less: (i) sources of general cabin illumination; (ii) internal lighting in emergency exit areas; and (iii) illuminated emergency exit marking and locating signs. 354 Exits 46. Official Gazette nº 21bis of 25/05/2015 (c) after 1 April 1998 an operator shall not, by night, operate a passenger carrying aeroplane which has a maximum approved passenger seating configuration of nine or less unless it is provided with a source of general cabin illumination to facilitate the evacuation of the aeroplane. The system may use dome lights or other sources of illumination already fitted on the aeroplane and which are capable of remaining operative after the aeroplane’s battery has been switched off. (1) A person shall not fly an aircraft unless, every exit and every internal door in the aircraft is in working order, and, subject to sub-regulations (2), (3) and (4), during take-off and landing and during any emergency, every such exit and door shall be kept free of obstruction and operating handle shall not be fastened by locking or otherwise so as to prevent, hinder or delay door operation during emergency. (2) An exit may be obstructed by cargo if it is an exit which, in accordance with arrangements approved by the Authority, either generally or in relation to a class of aircraft or a particular aircraft, is not required for use by passengers. (3) Every exit from the aircraft, being an exit intended to be used by passengers in normal circumstances, shall be marked with the word "EXIT" and “SORTIE” in capital letters and every exit, being an exit intended to be used by passengers in an emergency only, shall be marked with the words "EMERGENCY EXIT" and “SORTIE DE SECOURS” in capital letters. (4) Every exit from the aircraft shall be marked with instructions and with diagrams, to indicate the correct method of opening the exit and the markings shall be placed on or near the inside surface of the door or other closure of the exit and, if it can be opened from the outside of the aircraft, an or near the exterior surface. Subject to compliance with sub-regulation (5), if one, but not more than one, exit from an aircraft becomes inoperative at a place where it is not reasonably practicable for it to be repaired or replaced, nothing in this regulation shall prevent that aircraft from carrying passengers until it next lands at a place where the exit can be repaired or replaced. (5) (6) On any flight pursuant to this sub-regulation: (a) the number of passengers carried and the position of the seats which the passengers occupy shall be in accordance with arrangements approved by the Authority either in relation to the particular aircraft or to a class of aircraft; and (b) in accordance with arrangements so approved, the exit shall be fastened by locking or otherwise, the words ‘EXIT’ and “SORTIE” and ‘EMERGENCY EXIT’ and “SORTIE DE SECOURS” shall be covered, and the exit shall be marked by a red disc at least 23 centimetres in diameter with a horizontal white bar across it bearing the words ‘NO EXIT’ and “SANS ISSUE” in red letters. (7) In sub-regulations (3) and (6)(b), “SORTIE DE SECOURS” may be substituted by “ISSUE DE SECOURS”. Flights over designated land areas: all aircraft 47. A person shall not operate an aircraft across land areas which have been designated by the State concerned as areas in which search and rescue would be especially difficult, unless equipped with such signalling devices and life saving equipment, including means of sustaining life as may be appropriate to the area overflown. Survival equipment 48. An air operator certificate holder shall not operate an aircraft across areas in which search and rescue would be especially difficult unless the aircraft is equipped with the 355 Official Gazette nº 21bis of 25/05/2015 following: (a) (b) (c) signalling equipment to make the pyrotechnical distress signals as specified in the Civil Aviation (Rules of the Air and Air Traffic Control) Regulations; at least one emergency locator transmitter capable of transmitting on both the distress frequencies 406 MHz and 121.5 MHz simultaneously; and additional survival equipment for the route to be flown taking account of the number of persons on board, except that the equipment in the documents referred to in sub-paragraph (b) need not be carried when the aeroplane either- (i) remains within a distance from an area where search and rescue is not especially difficult corresponding to: (aa) one hundred and twenty minutes at the one engine inoperative cruising speed for aeroplanes capable of continuing the flight to an aerodrome with the critical power unit(s) becoming inoperative at any point along the route or planned diversions; or (bb) thirty minutes at cruising speed for all other aeroplanes, or, (ii) for large turbine powered aeroplanes, no greater distance than that corresponding to ninety minutes at cruising speed from an area suitable for making an emergency landing. Emergency locator transmitter; Aeroplanes 49. (1) A person shall not operate an emergency locator transmitter in accordance with this regulation unless he operates it in accordance with the latest effective edition of Chapter 5 Emergency Locator Transmitter (ELT) for Search and Rescue of Volume III – Part II, of Annex 10 – Aeronautical Telecommunications of the Chicago Convention; (2) A person shall not operate an aeroplane unless the aircraft is equipped with an automatically activated emergency locator transmitter capable of transmitting on 121.5 MHz and 406 MHz. (3) A person shall not operate an aeroplane in flights over water and at more than a distance corresponding to: (a) one hundred and twenty (120) minutes at cruising speed or seven hundred forty km (740 km) or four hundred nautical miles (400 NM), whichever is the lesser, away from the land suitable for making an emergency landing in the case of aircraft operated in accordance with regulations 125 (6)(b)(En route-one power-unit inoperative) and (c) (En route-two power- units the Civil Aviation (Operation of Aircraft) Regulations ; or thirty (30) minutes at cruising speed or one hundred eighty-five (185) km or one hundred (100) nautical miles, whichever is the lesser, for all other aeroplanes, inoperative) of (b) unless that aeroplane has two survival type emergency locator transmitters, one of which shall be automatic, that transmits simultaneously on 121.5 and 406 MHz. (4) A person shall not operate an aeroplane on flights over land areas which have been designated by the State concerned as areas in which search and rescue would be especially difficult unless the aeroplane has one automatic emergency locator transmitter that can transmit simultaneously on 121.5 and 406 MHz. (5) A person operating an aircraft in over water operations shall install at least one survival type emergency locator transmitter referred to in sub-regulation (2) in each life raft carried. (6) For all aircraft, batteries used in emergency locator transmitters shall be replaced, 356 Official Gazette nº 21bis of 25/05/2015 or recharged if the battery is rechargeable, when- the transmitter has been in use for more than one cumulative hour; or (a) (b) 50 percent of their useful life, or for rechargeable batteries, 50 percent of their useful life of charge, has expired. (7) The expiration date for a replacement or recharged emergency locator transmitter battery shall be legibly marked on the outside of the transmitter on all aircraft. (8) An operator shall ensure that an emergency locator transmitter that is capable of transmitting on 406 MHZ shall be coded as prescribed by the Authority and registered with the national agency responsible for initiating search and rescue or another nominated agency. (9) For all aircraft, the useful life of a battery or useful life of charge requirements shall not apply to batteries such as water-activated batteries that are essentially unaffected during probable storage intervals. 50. (1) A person shall not operate a helicopter unless it is fitted with automatic emergency locator transmitter. (2) A person shall not operate a helicopter on a flight over water at a distance from land corresponding to more than ten minutes flying time at normal cruising speed when operating in Performance Class 1 or 2 or beyond autorotation or safe forced landing distance from land when operating in Performance Class 3 unless it has one automatic survival emergency locator transmitter and at least one survival emergency locator transmitter in a raft that transmits simultaneously on 121.5 or 406 MHz. (3) A person shall not operate a helicopter over a designated land area unless it has one automatic emergency locator transmitter that transmits on 121.5 or 406 MHz. (4) A person shall not operate an emergency locator transmitter in accordance with this regulation unless he operates it in accordance with the latest effective edition of Chapter 5 Emergency Locator Transmitter (ELT) for Search and Rescue of Volume III – Part II, of Annex 10 – Aeronautical Telecommunications of the Chicago Convention.. Emergency locator transmitter: helicopters Portable fire extinguishers 51. (b) (c) (d) (1) A person shall not operate an aircraft unless hand fire extinguishers are provided for use in crew, passenger, and as applicable, cargo compartments and galleys in accordance with the following: (a) the type and quantity of extinguishing agent is suitable for the kinds of fires likely to occur in the compartment where the extinguisher is intended to be used and, for personnel compartments, shall minimise the hazard of toxic gas concentration; at least one hand fire extinguisher, shall be conveniently located on the cockpit for use by the flight crew; at least one hand fire extinguisher shall be located in, or readily accessible for use in, each passenger compartment that is separate from the pilot’s compartment and that is not readily accessible to the flight crew; at least one readily accessible hand fire extinguisher shall be available for use in each Class A or Class B cargo or baggage compartment and in each Class E cargo compartment that is accessible to crew members in flight; and (e) at least the following number of hand fire extinguishers shall be conveniently located in the passenger compartment and, in the event that two or more extinguishers are required, they shall be evenly distributed in the 357 Official Gazette nº 21bis of 25/05/2015 passenger compartment: Maximum approved passenger seating configuration 7 to 30 31 to 60 61 to 200 201 to 300 301 to 400 401 to 500 501 to 600 601 or more Number of Extinguishers 1 2 3 4 5 6 7 8 Lavatory fire extinguisher 52. (1) A person shall not operate an aircraft carrying passengers unless each lavatory in the aeroplane is equipped with a built-in fire extinguisher for each disposal receptacle for towels, paper, or waste located within the lavatory. (2) The built-in lavatory fire extinguishers referred in sub-regulation (1) shall be designed to discharge automatically into each disposal receptacle upon occurrence of a fire in the receptacle. Lavatory smoke detector 53. A person shall not operate a passenger-carrying aircraft unless each lavatory in the aircraft is equipped with a smoke detector system or equivalent that provides- Crash axe 54. (a) (b) warning light in the cockpit; or a warning light or audio warning in the passenger cabin, which shall be readily detected by a cabin crew member, taking into consideration the positioning of cabin crew members throughout the passenger compartment during various phases of flight. (1) A person shall not operate an aircraft with a maximum certificated take-off mass of over 5,700 kg or having a maximum approved passenger seating configuration of more than nine seats unless it is equipped with at least one crash axe or crowbar located in the cockpit. (2) Where the maximum approved passenger-seating configuration is more than two hundred an additional crash axe or crowbar shall be carried and located in or near the most rearward galley area. (3) Crash axes and crowbars located in the passenger compartment shall not be visible to the passengers. 358 Marking of break- in points 55. Official Gazette nº 21bis of 25/05/2015 (1) A person shall not operate an aeroplane or helicopter unless the areas of the fuselage suitable for break-in by rescue crews in emergency are marked on aeroplanes and helicopters, such areas shall be marked upon the exterior surface of its fuselage with markings to show the areas, in this regulation referred to as “break-in areas”, which can, for purposes of rescue in an emergency, be most readily and effectively broken into by persons outside the aeroplane or helicopter. (2) The break-in areas shall be rectangular in shape and shall be marked by right- angled corner markings, each area of which shall be 9 cm in length along its outer edge and 3 cm in width. (3) Where the corner markings referred to in sub-regulation (2) are more than 2 m apart, intermediate lines 9 cm x 3 cm shall be inserted so that there is no more than 2 m between adjacent markings. (4) The words “CUT HERE IN EMERGENCY” shall be marked across the centre of each break-in area in capital letters. (5) The markings required under this regulation shall be: (a) painted, or affixed by other equally permanent means; (b) red or yellow and, in any case in which the colour of the adjacent background is such as to render red or yellow markings not readily visible, be outlined in such a manner that shall be readily distinguishable from the surrounding fuselage area by contrast in colour; and (c) kept clean and unobscured at all times. (6) Where areas of the fuselage suitable for break-in by rescue crews in emergency, are marked on an aeroplane such areas shall be marked as shown in the following diagram: Marking of Break-In Points First-aid and emergency medical kit 56. (1) An air operator certificate holder shall not operate an aircraft unless the aircraft is equipped with accessible and adequate medical supplies appropriate to the number of passengers the aeroplane is authorized to carry. (2) The medical supplies referred to in sub-regulation (1) shall comprise: (a) one or more first aid kits; and (b) a medical kit, for the use of medical doctors or other qualified persons in treating in-flight medical emergencies for passenger flights requiring a cabin crew. (3) The number of first-aid kits to be carried on an air operator certificate -operated 359 Official Gazette nº 21bis of 25/05/2015 aircraft shall be to the following scale: Number of passenger seats installed Number of first-aid kits required 0 to 50 51 to 150 151 to 250 251 and more 1 2 3 4 (4) The first-aid kits referred to in sub-regulation (2) shall be distributed as evenly as practicable throughout the passenger cabin. (5) The required first-aid kits referred to in sub-regulation (2) shall be readily accessible to cabin crew, and, in view of the possible use of medical supplies outside the aeroplane in an emergency situation, shall be located to the extent practicable near an exit. (6) The first aid kits required under this regulation shall include the following contents: (a) a handbook on first aid; (b) ground-air visual signal code for use by survivors as specified in the Civil Aviation (Rules of the Air and Air Traffic Control) Regulations; (c) materials for treating injuries; (d) ophthalmic ointment; (e) a decongestant nasal spray; (f) insect repellent; (g) emollient eye drops; (h) sunburn cream; (i) water-miscible antiseptic/skin cleanser; (j) materials for treatment of extensive burns; (k) oral drugs, including analgesic, antispasmodic, central nervous system stimulant, circulatory stimulant, coronary vasodilator, antidiarrhoeic and motion sickness medications; and (l) an artificial plastic airway and splints. (7) The medical kit required under this regulation shall contain the following one pair of sterile surgical gloves; sphygmomanometer; stethoscope; sterile scissors; haemostatic forceps; haemostatic bandages or tourniquet; sterile equipment for suturing wounds; equipment and drugs: (a) equipment: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) disposable syringes and needles; and (ix) disposable scalpel handle and blade. drugs: (i) (ii) (iii) (iv) (v) coronary vasodilators; analgesics; diuretics; anti-allergics; steroids; (b) 360 Supplemental oxygen: pressurized aeroplanes 57. Oxygen equipment and supply requirements 58. Official Gazette nº 21bis of 25/05/2015 sedatives; ergometrine; (vi) (vii) (viii) where compatible with Regulations of the appropriate authority, a narcotic drug in injectable form; and injectable bronchodilator. (ix) (1) An air operator certificate holder shall not operate a pressurized aeroplane at pressure altitudes above 3,000 m (10,000 ft) unless supplemental oxygen equipment capable of storing and dispensing the oxygen supplies is provided. (2) The amount of supplemental oxygen shall be determined on the basis of cabin pressure altitude, flight duration and the assumption that a cabin pressurisation failure will occur at the pressure altitude or point of flight that is most critical from the standpoint of oxygen need and the aeroplane will descend in accordance with emergency procedures specified in the Aeroplane Flight Manual to a safe altitude for the route to be flown that will allow continued safe flight and landing. (3) In the event of failure, the cabin pressure altitude shall be considered the same as the aeroplane pressure altitude, unless it is demonstrated to the Authority that no probable failure of the cabin or pressurisation system will result in a cabin pressure altitude equal to the aeroplane pressure altitude; under these circumstances this lower cabin pressure altitude may be used as a basis for determination of oxygen supply. (1) An air operator certificate holder shall not operate an aeroplane unless the members of the flight crew on cockpit duty are supplied with supplemental oxygen in accordance with minimum requirements prescribed in Table 1. (2) Where all occupants of cockpit seats are supplied from the flight crew source of oxygen supply, they shall be considered as flight crew members on flight deck duty for the purpose of oxygen supply. (3) The cockpit seat occupants who are not supplied by the flight crew source of oxygen supply and flight crew members not covered under sub-regulations (1) and (2) shall be considered as passengers for the purpose of oxygen supply. (4) Oxygen masks to be installed in an aeroplane shall be: (a) located so as to be within the immediate reach of flight crew members while at their assigned duty station; and (b) of a quick donning type for use by flight crew members in pressurized aeroplanes operating at pressure altitudes above 7,600 m (25,000 ft). (5) Passengers in an aeroplane shall be supplied with supplemental oxygen in accordance with Table 1. (6) An operator who operates an aeroplane intended to be operated at pressure altitudes above 7,600 m (25,000 ft) shall ensure that the aeroplane is provided with: (a) sufficient spare outlets and masks or sufficient portable oxygen units with masks for use by all required cabin crew members; (b) spare outlets or portable oxygen units distributed evenly throughout the cabin to ensure immediate availability of oxygen to each required cabin crew member regardless of his location; (c) an oxygen dispensing unit connected to oxygen supply terminals immediately available to each occupant, wherever seated; and (d) total number of dispensing units and outlets which exceeds the number of seats by at least ten percent and the extra units evenly distributed throughout the cabin. 361 Official Gazette nº 21bis of 25/05/2015 (7) An aeroplane intended to be operated at pressure altitudes above 7,600 m (25,000 ft) or which, if operated at or below 7,600 m (25,000 ft), cannot descend safely within four minutes to 4,000 m (13,000 ft), shall be provided with automatically deployable oxygen equipment immediately available to each occupant wherever seated and the total number of dispensing units and outlets shall exceed the number of seats by at least ten percent with the extra units evenly distributed throughout the cabin. (8) The oxygen supply requirements specified in the Table 1 may, in the case of aeroplanes not certificated to fly above 7,600 m (25,000 ft), be reduced to the entire flight time between 3,000 m (10,000 ft) and 4,000 m (13,000 ft) cabin pressure altitudes for all required cabin crew members and for at least ten percent of the passengers if, at all points along the route to be flown, the aeroplane is able to descend safely within four minutes to a cabin pressure altitude of 4,000 m (13,000 ft). TABLE 1 - Oxygen –Minimum Requirements for Supplemental Oxygen for Pressurized Aeroplanes (Note 1) SUPPLY FOR: 1. All occupants of flight deck seats on flight deck duty 2. All required cabin crew members 3. 100% of passengers (Note 5) 4. 30% of passengers (Note 5) 5. 10% of passengers (Note 5) 362 DURATION AND CABIN PRESSURE ALTITUDE Entire flight time when the cabin pressure altitude exceeds 4,000 m (13,000 ft) and entire flight time when the cabin pressure altitude exceeds 3,000 m (10,000 ft) but does into exceed 4,000 m (13,000 ft) after the first 30 minutes at those altitudes, but in no case less than: (i) 30 minutes for aeroplanes certificated to fly at altitudes not exceeding 7,600 m (25,000 ft) (Note 2) (ii) 2 hours for aeroplanes certificated to fly at altitudes more than 600 m (2,000 ft) (Note 3) Entire flight time when cabin pressure altitude exceeds 4,000 m (13,000 ft) but not less than 30 minutes (Note 2), and entire flight time when cabin pressure altitude is greater than 3,000 m (10,000 ft) but does not exceed 4,000 m (13,000 ft) after the first 30 minutes at these altitudes. Entire flight time when the cabin pressure altitude exceeds 4,550 m (15,000 ft) but in no case less than 10 minutes (Note 4) Entire flight time when the cabin pressure altitude exceeds 4,250 m (14,000 ft) but does not exceed 4,550 m (15,000 ft) Entire flight time when the cabin pressure altitude exceeds 3,000 m (10,000 ft) but does not exceed 14,000 ft after the first 30 Official Gazette nº 21bis of 25/05/2015 minutes at these altitudes. Note 1: Note 2: Note 3: Note 4: Note 5: The supply provided must take account of the cabin pressure altitude and descent profile for the routes concerned. The required minimum supply is that quantity of oxygen necessary for a constant rate of descent from the aeroplane’s maximum certificated operating altitude to 3,000 m (10,000 ft) in 10 minutes and followed by 20 minutes at 3,000 m (10,000 ft) The required minimum supply is that quantity of oxygen necessary for a constant rate of descent from the aeroplane’s maximum certificated operating altitude to 3,000 m (10,000 ft) in 10 minutes and followed by 110 minutes at 3,000 m (10,000 ft). The oxygen required under regulation 58 (1) may be included in determining the supply required. The required minimum supply is that quantity of oxygen necessary for a constant rate of descent from the aeroplane’s maximum certificated operating altitude to 4,550 m (15,000 ft)in 10 minutes. For the purpose of this Table ‘passengers’ means passengers actually carried and includes infants. (1) An operator shall not operate a non-pressurized aircraft at altitudes above 3,000 m (10,000 ft) unless supplemental oxygen equipment capable of storing and dispensing the oxygen supplies is provided. (2) The amount of supplemental oxygen for sustenance required for a particular operation shall be determined on the basis of flight altitudes and flight duration, consistent with the operating procedures established for each operation in the Operations Manual and with the routes to be flown, and with the emergency procedures specified in the Operations Manual. (1) A member of the flight crew on cockpit duty shall be supplied with supplemental oxygen in accordance with Table 2 where all occupants of cockpit seats are supplied from the flight crew source of oxygen supply then they shall be considered as flight crew members on cockpit duty for the purpose of oxygen supply. (2) Cabin crew members and passengers shall be supplied with oxygen in accordance with Table 2 and cabin crew members carried in addition to the minimum number of cabin crew members required, and additional crew members, shall be considered as passengers for the purpose of oxygen supply. Table 2 - Supplemental oxygen for non-pressurized aircraft Supplemental oxygen: non- pressurized aircraft 59. Oxygen supply requirements:non- pressurized aircraft 60. SUPPLY FOR: 1. All occupants of flight deck seats on flight deck duty 2. All required cabin crew members 3. 100% of passengers (See Note) 4. 10% of passengers (See Note) 363 flight flight time at pressure DURATION AND PRESSURE ALTITUDE Entire altitudes above 3,000 m (10000 ft) time at pressure Entire altitudes above 4,000 m (13000 ft) and for any period exceeding 30 minutes at pressure altitudes above ft) but not 3,000 m exceeding 4,000 m (13000 ft) Entire altitudes above 4,000 m (13000ft.) Entire flight time after 30 minutes at pressure altitudes greater than 3,000 time at pressure (10000 flight Protective breathing equipment 61. Official Gazette nº 21bis of 25/05/2015 Note: For the purpose of this Table ‘passengers’ mans passengers actually carried and includes infants under the age of 2. m (10000 ft) but not exceeding 4,000 m (13000ft). (1) Subject to sub-regulation (2), an air operator certificate holder shall not operate an aeroplane with a maximum certificated takeoff mass of over 5,700 kg having a maximum approved seating configuration of more than nineteen seats unless: (a) it has protective breathing equipment to protect the eyes, nose and mouth of each flight crew member while on cockpit duty and to provide oxygen for a period of not less than fifteen minutes; and (b) it has sufficient protective breathing equipment to protect the eyes, nose and mouth of all required cabin crew members and to provide oxygen for a period of not less than fifteen minutes. (2) When the flight crew is more than one and a cabin crew member is not carried, portable protective breathing equipment shall be carried to protect the eyes, nose and mouth of one member of the flight crew and to provide oxygen for a period of not less than fifteen minutes. (3) The oxygen supply for protective breathing equipment may be provided by the required supplemental oxygen system. (4) The protective breathing equipment intended for flight crew use shall be conveniently located on the cockpit and be easily accessible for immediate use by each required flight crew member at their assigned duty station. (5) The protective breathing equipment intended for cabin crew use shall be installed adjacent to each required cabin crew member duty station. (6) Easily accessible portable protective breathing equipment shall be provided and located at or adjacent to the required hand fire extinguishers except that, where the fire extinguisher is located inside a cargo compartment, the protective breathing equipment shall be stowed outside but adjacent to the entrance to that compartment. (7) The protective breathing equipment shall not while in use prevent required communication. First-aid oxygen dispensing units 62. (1) An air operator certificate holder shall not conduct a passenger carrying operation in a pressurized aeroplane with a seating capacity of more than nineteen seats at altitudes above 7,600 m (25,000 ft) unless it is equipped with: (a) undiluted first-aid oxygen for passengers who, for physiological reasons, may require oxygen following a cabin depressurisation; and (b) a sufficient number of dispensing units, but in no case less than two, with a means for cabin crew to use the supply. (2) The amount of first-aid oxygen required under sub-regulation (1)(a), for a particular operation and route shall be determined on the basis of: (a) flight duration after cabin depressurisation at cabin altitudes of more than 2,450 m (8,000 ft); an average flow rate of at least three litres standard temperature pressure dry per minute per person; and at least two percent of the passengers carried, but in no case for less than one person. (b) (c) (3) The amount of first-aid oxygen required for a particular operation shall be 364 Megaphones: aeroplane 63. Official Gazette nº 21bis of 25/05/2015 determined on the basis of cabin pressure altitudes and flight duration consistent with the operating procedures established for each operation and route. (4) The oxygen equipment provided shall be capable of generating a mass flow to each user of at least four litres per minute, standard temperature pressure dry, means may be provided to decrease the flow to not less than two litres per minute, standard temperature pressure dry, at any altitude. (1) An air operator certificate holder shall not operate a passenger-carrying aeroplane unless that aeroplane is equipped with portable battery-powered megaphones readily accessible to the crew members assigned to direct emergency evacuation. (2) The number and location of megaphones required by sub-regulation (1) shall be determined as follows: (a) on aeroplanes with a seating capacity of more than sixty and less than one hundred passengers, one megaphone shall be located at the most rearward location in the passenger cabin where it would be readily accessible to a normal flight attendant seat; and (b) on aeroplanes with a seating capacity of more than ninety nine passengers, two megaphones in the passenger cabin with one installed at the forward end and the other at the most rearward location where it would be readily accessible to a normal flight attendant seat. (3) For aeroplanes with more than one passenger deck in all cases where the total passenger seating configurations is more than sixty, at least one megaphone is required. Megaphones: helicopters 64. An operator shall not operate with a helicopter with a total maximum approved passenger-seating configuration of more than nineteen unless the helicopter is equipped with portable battery –powered megaphones readily available for use by crew members during emergency evacuation. Individual flotation devices 65. (1) In a case of commercial air transport operation, an air operator certificate holder shall not operate an aircraft other than a seaplane or an amphibian operated as a seaplane: (a) when flying over water and at a distance of more than 93 km (50 NM) away from the shore, in the case of such an aircraft operated with regulations 125(6)(b) (En route-one power-unit inoperative) and (c) (En route-two power-units inoperative) of the Civil Aviation (Operation of Aircraft) Regulations; (b) when flying over water beyond gliding distance from the shore, when sub- paragraph (a) is not applicable; the distance being specified in sub- regulation 70(7)(a) in case of a helicopter; and (c) when taking off or landing at an aerodrome where, in the opinion of the Authority, the take-off or approach path is so disposed over water that in the event of of mishap there would be a likelihood of a ditching, unless the aircraft is equiped with one life jacket or equivalent individual flotation device for each person on board the aircraft. (2) The life jackets or equivalent individual flotation devices referred to in sub- regulation (1), shall be stowed in a position easily accessible from the seat or berth of the person for whose use it is provided. (3) An air operator certificate holder who operates an aircraft on extended overwater operations shall ensure that each individual flotation device is fitted with an approved survivor locator light. 365 Official Gazette nº 21bis of 25/05/2015 (4) All seaplanes and amphibians operated as seaplanes for all flights shall be equipped with: (a) a life jacket or equivalent individual floatation device, for each person on board, stowed in a position easily accessible from the seat or berth of the person for whose use it is provided, (b) equipment for making the sound signals prescribed in the International Regulations for Preventing Collisions at Sea, where applicable; and (c) one sea anchor (drogue) or, in case of general aviation operations, one anchor and, when necessary to assist in manoeuvring, on sea anchor (drogue). (5) In the case of general aviation operations, all single-engined landplanes, including amphibians operated as landplanes, shall be equipped with, when flying en route over water beyond gliding distance form the shore, with one life jacket or equivalent individual floatation device for each person on board, stowed in a position easily accessible from the seat or berth of the person for whose use it is provided. (6) In the case of general aviation operations, all aeroplanes, when operated on extended flights over water shall be equipped with: (a) when the aeroplane may be over water at a distance of more than 93 km (50 NM) away from land suitable for making an emergency landing – one life jacket or equivalent individual floatation device for each person on board, stowed in a position easily accessible from the seat or berth of the person for whose use it is provided; (b) when over water away from land suitable for making an emergency landing at a distance of more than 185 km (100 NM), in the case of single-engined aeroplanes, and more than 370 km (200 NM), in the case of multi-engined aeroplanes capable of continuing flight with one engine inoperative: (i) life-saving rafts in sufficient numbers to carry all persons on board, stowed so as to facilitate their ready use in emergency, provided with such life-saving equipment including means of sustaining life as is appropriate to the flight to be undertaken; and (ii) equipment for making the pyrotechnical distress signals described in the Civil Aviation (Rules of Air and Traffic Control) Regulations.. (1) In addition to the equipment prescribed in regulation 65, an air operator certificate holder shall not operate an aeroplane in commercial air transport when used over routes on which the aeroplane may be over water and at more than a distance corresponding to: (a) one hundred and twenty (120) minutes at cruising speed or seven hundred forty km (740 km) or four hundred nautical miles (400 NM), whichever is the lesser, away from the land suitable for making an emergency landing in the case of aircraft operated in accordance with regulations 125(6)(b) (En route-one power-unit inoperative) and (c) (En route-two power-units inoperative) of the Civil Aviation (Operation of Aircraft) Regulations ; or (b) thirty (30) minutes at cruising speed or one hundred eighty-five (185) km or one hundred (100) nautical miles, whichever is the lesser, for all other aeroplanes, without having on the aeroplane life-saving rafts in sufficient numbers to carry all person on board; provided with such life-saving equipment including means of sustaining life with rated capacities and buoyancy. (2) Unless excess rafts of enough capacity are provided, the buoyancy and seating 366 Life rafts and flights over designated areas 66. Official Gazette nº 21bis of 25/05/2015 capacity of the rafts referred in sub-regulation (1) shall accommodate all occupants of the aeroplane in the event of a loss of one raft of the largest rated capacity. (3) The life rafts to be provided under this regulation shall be stowed so as to facilitate a survivor locator light; a survival kit; life lines, and means of attaching one life raft with another; an emergency locator transmitter as specified in regulation 49; a sea anchor; readily use in emergency and be equipped with: (a) (b) (c) (d) (e) (f) means of protecting the occupants from the elements; (g) (h) marine-type pyrotechnic signalling distress devices in compliance with the paddles or other means of propulsion; Civil Aviation (Rules of Air and Traffic Control) Regulations; a waterproof torch; (i) (j) means of making sea water drinkable, unless the full quantity of fresh water (k) (l) (m) 100 grammes of glucose toffee tablets; is carried as specified in sub-regulation (l)(ii); for each 4 or proportion of 4 persons the liferaft is designed to carry: (i) (ii) 1/2 litre of fresh water in durable containers or in any case in which it is not reasonably practicable to carry the ½ litre of water , as large a quantity of fresh water as is reasonably practicable in the circumstances: provided that, in no case shall the quantity of water carried be less than is sufficient, when added to the amount of fresh water capable of being produced by means of the equipment specified in paragraph (k) to provide 1/2 litre of water for each 4 or proportion of 4 persons the liferaft is designed to carry; first aid equipment; and two survival beacon radio apparatus for every eight life rafts, and an additional survival beacon radio apparatus for every additional fourteen or proportion of fourteen life rafts. (4) The items specified in sub-regulation (3) (i) to (m) shall be contained in one pack. (5) The life rafts to be provided under this regulation which are not deployable by remote control and which have a mass of more than 40 kg shall be equipped with some means of mechanically assisted deployment. (6) All seaplanes and amphibian aircraft shall be equipped with life rafts. (7) On any helicopter for which the individual certificate of airworthiness is first issued on or after I January 1991, at least 50 per cent of the life rafts carried in accordance with this regulation shall be deployable by remote control. (8) An operator shall operate (a) a helicopter intended to be flown over water at a distance from land corresponding to more than ten minutes flying time at normal cruising speed when operating in Performance Class 1 or 2 or three minutes flying time at normal cruising speed when operating in Performance Class 3; or (b) a performance Class 2 or Class 3 helicopter whant taking off or landing at a heliport where, in the opinion of the Authority, the take-off or approach point is so disposed over water that in the event of a mishap there would be likelihood of a ditching; provided it carries,:in the case of a helicopter carrying: (i) less than twelve persons, a minimum of one life-raft with a rated capacity of not less than the maximum number of persons on board; 367 Official Gazette nº 21bis of 25/05/2015 (ii) more than eleven persons, a minimum of two life-rafts sufficient together to accommodate all persons capable of being carried on board, where one life-raft of the largest rated capacity may be lost. Life jackets: helicopters 67. An operator shall not operate a helicopter for any operations on water or flight over water when operating performance: Flotation devices for helicopter ditching 68. (a) Class 3 beyond autorotational distance from land; or (b) Class 1 or 2 at a distance from land corresponding to more than 10 minutes (c) flying time at normal cruise speed; or Class 2 or 3 when taking off or landing at a heliport where the take off or approach path is over water; unless it is equipped with life jackets equipped with a survivor locator light, for each person on board stowed in an easily accessible position with safety emergency locator transmitter or harness fastened, from the seat or berth of the person for whose use it is provided and an individual infant flotation device, equipped with a survivor locator light, for use by each infant on board. (1) A person shall not fly a helicopter over water at a distance from land corresponding to more than ten minutes at normal cruise speed in the case of performance Class 1 or 2 helicopters, or flying over water beyond auto-rotational or safe forced landing distance from land in the case of performance Class 3 helicopters, unless the helicopter is equipped with a permanent or rapidly deployable means of flotation so as to ensure safe ditching of the helicopter. (2) All helicopters on flights over water in accordance with sub-regulation (1) shall be certificated for ditching, and sea state shall be an integral part of ditching information. PART VIII - MISCELLANEOUS SYSTEMS AND EQUIPMENT Seats, safety belts and shoulder harnesses 69. (1) A person shall not operate an aircraft in passenger operations unless it is equipped with the following seats, safety belt and shoulder harnesses that meet the airworthiness requirements for type certification of that aircraft: (a) a seat or berth with safety belt for each person on board over the age of two years; (b) a supplementary loop belt or another restraint device for each infant; (c) a berth designed to be occupied by two persons, such as a multiple lounge or divan seat, shall be equipped with an approved safety belt for use by two occupants during en route flight only; (d) a safety harness, which includes shoulder straps and a safety belt which may be used independently, for each flight crew seat; (e) a safety harness for each pilot seat which shall incorporate a device which 368 Passenger and pilot compartment doors 70. Official Gazette nº 21bis of 25/05/2015 shall automatically restrain the occupant’s torso in the event of rapid deceleration. (f) seat in the passenger compartment for each cabin crew member. (2) The safety harness referred to in sub-regulation (1) for each pilot seat shall incorporate a device to prevent a suddenly incapacitated pilot from interfering with the flight controls. (3) In the case of an aircraft carrying out erect spinning, the Authority may permit a safety belt with one diagonal shoulder harness strap to be fitted if the Authority determines that such restraint is sufficient for carrying out erect spinning in that aircraft, and that it is not reasonably practicable to fit a safety harness in that aircraft. (1) An operator shall not operate an aeroplane which is equipped with a flight crew compartment door unless the door is capable of being locked and has means by which cabin crew can discreetly notify the flight crew in the event of suspicious activity or security breaches in the cabin. (2) All passenger-carrying aeroplanes of a maximum certificated take-off mass in excess of 45 500 kg or with a passenger seating capacity greater than 60 shall be equipped with an approved flight crew compartment door which shall be capable of being locked and unlocked from either pilot’s station, that is designed to resist penetration, by small firearms and grenade shrapnel, and forcible intrusions by unauthorized persons and this door shall be capable of being locked and unlocked from either pilot’s station.. (3) In all aeroplanes which are equipped with a flight crew compartment door in accordance with sub-regulation (2); (a) this door shall be closed and locked from the time all external doors are closed following embarkation until any such door is opened for disembarkation, except when necessary to permit access and egress by authorized persons; and (b) means shall be provided for monitoring from either pilot’s station the entire door area outside the flight crew compartment to identify persons requesting entry and to detect suspicious behaviour or potential threat. Passenger information signs 71. An air operator certificate holder shall not operate a passenger-carrying aircraft unless— (a) it is equipped with passenger information sign visible from passenger seats notifying: (i) when smoking is prohibited; (ii) when and how oxygen equipment is to be used if the carriage of oxygen is required; (b) it is equipped with passenger instructions and information on (i) restrictions on smoking; (ii) when and how oxygen equipment is to be used if the carriage of oxygen is required; (iii) location and use of jackets or equivalent individual flotation devices wehre their carriage is required; (c) (iv) location and method of opening emergency exits; and (v) when seat belts are to be fastened. if the pilot-in-command cannot, from his own seat, see all the passengers’ seats in the aircraft, a means of indicating to passengers that the seat belt should be fastened; and 369 Official Gazette nº 21bis of 25/05/2015 (d) it is equipped with a sign or placard affixed to each forward bulkhead and each passenger seat back that reads “Fasten Seat Belt While Seated”. Public address system 72. An air operator certificate holder shall not operate a passenger carrying aeroplane with a maximum approved passenger seating configuration of more than nineteen unless a public address system is installed that: (a) operates independently of the interphone systems except for handsets, headsets, microphones, selector switches and signalling devices; (b) for each required floor level passenger emergency exit which has an adjacent cabin crew seat, has a microphone which is readily accessible to the seated cabin crew member, except that one microphone may serve more than one exit, provided the exits allows unassisted verbal the proximity of communication between seated cabin crew members; is capable of operation within ten seconds by a cabin crew member at each of those stations in the compartment from which its use is accessible; and is audible and intelligible at all passenger seats, toilets, and cabin crew seats and workstations. (d) (c) Materials for cabin interiors 73. An operator shall not operate an aeroplane unless the seat cushions in any compartment occupied by crew or passengers other than those on flight crew member seat meet requirements pertaining to fire protection as specified by the Authority. Materials for cargo and baggage compartments 74. (1) An air operator certificate holder shall not operate a passenger carrying aeroplane unless, each Class C cargo compartment greater than 60 cubic m (200 cubic feet) in volume in a transport category has ceiling and sidewall liner panels which are constructed of: (a) (b) materials which meet the test requirements for flame resistance of cargo glass fibre reinforced resin; or compartment liners as prescribed for type certification. (2) In this regulation the term "liner" includes any design feature, such as a joint or fastener, which would affect the capability of the liner to safely contain fire. (3) A Class C cargo or baggage compartment is one in which: (a) there is a separate approved smoke detector or fire detector system to give warning at the pilot or flight engineer station; (b) there is an approved built-in fire extinguishing or suppression system controllable from the cockpit; (c) there is means to exclude hazardous quantities of smoke, flames, or extinguishing agent, from any compartment occupied by the crew or passengers; and (d) there are means to control ventilation and drafts within the compartment so that the extinguishing agent used can control any fire that may start within the compartment. Power supply, distribution, and indication system 75. (1) An air operator certificate holder shall not operate an aeroplane unless it is equipped with an electrical power supply and distribution system that: (a) meets the airworthiness requirements for certification of an aeroplane in the transport category, as specified by the Authority; or (b) is able to produce and distribute the load for the required instruments and equipment, with use of an external power supply if any one electrical power source or component of the power distribution system fails, and a means for indicating the adequacy of the electrical power being supplied to required 370 Official Gazette nº 21bis of 25/05/2015 flight instruments. (2) An air operator certificate holder shall not operate an aircraft unless it is equipped with spare electrical fuses of appropriate ratings for replacement of those accessible in flight. (3) Engine-driven sources of energy when used shall be on separate engines. Protective circuit fuses 76. An air operator certificate holder shall not operate an aeroplane in which protective circuit fuses are installed unless there are spare protective circuit fuses available for use in flight equal to at least ten percent of the number of fuses of each rating or three of each rating whichever is the greater. Aeroplanes in icing conditions 77. An air operator certificate holder shall not operate an aeroplane in circumstances in which icing conditions are reported to exist or are expected to be encountered, unless the aeroplane is certificated and equipped to cope with such conditions. Icing detection 78. (1) An air operator certificate holder shall not operate an aircraft in expected or actual icing conditions at night unless it is equipped with a means to illuminate or detect the formation of ice. (2) Any illumination that is used on an air operator certificate holder-operated aircraft shall be of a type that shall not cause glare or reflection that would handicap crew members in the performance of their duties. Pitot indication systems 79. An air operator certificate holder shall not operate an aeroplane equipped with a flight instrument pitot heating system unless the aeroplane is also equipped with an operable pitot heat indication system that complies with the following requirements: (a) (b) the indication provided shall incorporate an amber light that is in clear view of a flight crew member; and the indication provided shall be designed to alert the flight crew if either the pitot heating system is switched "off," or the pitot heating system is switched "on" and any pitot tube heating element is inoperative. Static pressure system 80. An air operator certificate holder shall not operate an aeroplane in accordance with IFR or by night unless the aeroplane is equipped with two independent static pressure systems, except that for propeller -driven aeroplanes with maximum certificated take- off mass of 5,700 kg or less, one static pressure system and one alternate source of static pressure is allowed Windshield wipers 81. An air operator certificate holder shall not operate an aeroplane with a maximum certificated take off mass of over 5,700 kg, unless it is equipped at each pilot station with a windshield wiper or equivalent means to maintain a clear portion of the windshield during precipitation. Chart holder 82. An air operator certificate holder shall not operate an aeroplane in accordance with IFR or by night unless the aeroplane is equipped with a chart holder installed in an easily readable position which can be illuminated for night operations. Cosmic radiation detection equipment 83. An air operator certificate holder shall not operate an aeroplane above 15,000 m (49,000 ft) unless: (a) that aeroplane is equipped with an instrument, readily visible to a flight crew member, to measure and indicate continuously the dose rate of total cosmic radiation being received, that is the total of ionizing and neutron radiation of 371 Official Gazette nº 21bis of 25/05/2015 galactic and solar origin, and the cumulative dose on each flight; (b) a system of in-board quarterly radiation sampling acceptable to the Authority is established. Seaplanes and amphibians: miscellaneous equipment 84. An air operator certificate holder shall not operate a seaplane or an amphibian aircraft on water unless it is equipped with: (a) a sea anchor and other equipment necessary to facilitate mooring, anchoring or manoeuvring the aircraft on water, appropriate to its size, weight and handling characteristics; and (b) equipment for making the sound signals prescribed in the Convention on the International Regulation for Prevention of Collision at Sea, 1972 where applicable. (sé) Dr NZAHABWANIAMANA Alexis Minister of State in charge of Transport Seen and sealed with the Seal of the Republic: (sé) BUSINGYE Johnston Minister of Justice/Attorney General 372 Official Gazette nº 21bis of 25/05/2015 ANNEX VIII TO THE MINISTERIAL REGULATIONS Nº 02/MOS/TRANS/015 OF 08/04/2015 IMPLEMENTING THE LAW Nº 75/2013 OF 11/09/2013 ESTABLISHING REGULATION GOVERNING CIVIL AVIATION CIVIL AVIATION (PARACHUTE OPERATIONS) REGULATIONS ARRANGEMENT OF REGULATIONS 2015 Regulation PART I – PRELIMINARY 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11 12. 13 14. 15. 16. 17. 18. 19. 20. 21. 22. Citation Application PART II - PARACHUTING PERSONNEL Parachute Jumping Eligibility requirements. Authorisation types. Skill requirements. General requirements Conditions of authorisation. Descent requirements. Aircraft used for parachute jumping. Pilot experience and training requirements. Validity and renewal requirements. Visiting foreign parachuting jumpers. Parachute Rigger Parachute rigger authorization requirements. Issue of Parachute Rigger Authorization Restrictions and limitations of Parachute Rigger Authorization. Experience, knowledge and skill requirements. Authorisation requirements for current or former military parachute rigger. Performance standards. Records to be kept by Parachute Rigger.. Privileges. Validity and renewal requirements. PART III - PARACHUTE OPERATIONS CERTIFICATE General Certificate requirements. Application for parachute operations certificate. 373 Official Gazette nº 21bis of 25/05/2015 Amendment of a parachute operations certificate. Validity of a parachute operations certificate. Parachute operations manual. Designation of a safety and training personnel. PART IV- OPERATING RULES Use of drugs or alcohol Hazard Exit from an aircraft. Minimum parachute activation altitude Parachute drop zone Parachute landing area Ground signal. Controlled airspace Descents onto manned aerodromes. Descents onto unmanned aerodromes. Descents within restricted areas. Visibility and clearance from cloud. Descents from higher altitudes Parachute operations over or into a congested area or an open-air assembly of persons. PART V-PARACHUTE EQUIPMETS AND FACILITIES Parachutes Altimeter. Automatic activation devices Safety equipment. PART VI- PARACHUTE MAINTENANCE Facilities and equipment requirements. Airworthiness and safety directives. Parachute serviceability. Modification and repair Parachute assembly check. Seal Parachute records. Access for inspection Drug and alcohol testing and reporting PART VII –GENERAL 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 374 Official Gazette nº 21bis of 25/05/2015 CIVIL AVIATION (PARACHUTE OPERATIONS) REGULATIONS 2015 PART 1- PRELIMINARY Citation 1. These Regulations shall be cited as Civil Aviation (Parachute Operations) Regulations 2015. Application 2. These Regulations shall, apply to: (a) parachute operations other than: (i) emergency parachute descents; and (ii) parachute descents which are not from aircraft; and (b) (c) parachute equipment; and parachute maintenance. PART II - PARACHUTE PERSONNEL Parachute Jumping Eligibility requirements 3. (a) (b) (1) An applicant for a parachute jumping authorization shall: be at least eighteen years of age; demonstrate a level of knowledge appropriate to the privileges granted to a holder of a Parachute Jumping Authorization; and comply with the provisions of these Regulations that apply to the Parachute Jumping Authorization sought. (c) Authorization types (2) In addition to the requirements of sub-regulation (1), an applicant for a tandem master authorization shall hold a Class 2 Medical Certificate specified in the Civil Aviation (Personnel Licensing) Regulations. 4. The Authority may issue the following types of parachute jumping authorizations: (a) (b) (c) (d) student jumper; jumper; jump master; or tandem master Skill requirements 5. An applicant for: (a) parachute packing; a jumper authorization shall have logged not less than 25 jumps and have demonstrated to the Authority his competency in the following areas: (i) (ii) obtaining meteorological information; (iii) spotting the drop location from the aircraft; (iv) hand signal communication techniques and procedures; and (v) a jump master authorization shall have: (i) successfully completed a jump master’s course; (ii) made 500 freefall jumps; and pre-flight briefing and “dirt diving”. (b) 375 Official Gazette nº 21bis of 25/05/2015 (iii) satisfactorily completed a post course of jump mastering ten students under supervision of an authorized instructor. (c) 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. General requirements Conditions of authorization 6. (1) A holder of a parachute jumping authorization shall maintain a parachuting (2) (3) (4) logbook of jumps. Parachute jumping shall be made only at locations approved by the Authority. 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. 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 Descent requirements. 7 (1) A parachute jumper shall not make or attempt to make a parachute descent unless wearing two airworthy parachutes from exit to activation. (2) All reserve parachutes shall be inspected and packed by an authorized parachute rigger not more than four months preceding each jump. (3) The main parachute may be packed by either the jumper or the parachute rigger. The minimum altitude from which descents are to be made shall be such that the (4) main canopy is duly opened at an altitude of not less than 600 m (2,000 ft) above ground level. Aircraft used for parachute jumping. 8. Parachute descents shall be made only from aircraft types that have been authorized by the Authority. Pilot experience and training requirements. 9. (1) A pilot for the aircraft to be used for parachute jumping shall: (a) be a qualified pilot and have a minimum of 200 hours of pilot-in- command time; and (b) demonstrate competence to the Authority by performing at least one drop of parachute jumpers. (2) The demonstration referred to in sub-regulation (1)(b) 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. Validity and renewal requirements. 10. (1) A parachute jump master and tandem master authorization shall be valid for a period of twelve months from the date of issue or renewal. (2) 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. (3) A holder of a student and jumper authorization shall not require renewal. Visiting foreign parachuting jumpers. 11. (1) 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. (2) Where the Authority recognizes an authorization tendered under subregulation (1), the holder shall be exempted from regulations 3 to 12 of these Regulations. 376 Official Gazette nº 21bis of 25/05/2015 (3) A holder of an authorization under this regulation shall not be engaged in instructing students in parachute jumping or tandem operations. Parachute Rigger Parachute rigger authorization requirements 12. An applicant for a parachute rigger authorization shall: (a) (b) (c) apply to the Authority on the prescribed form; be at least eighteen years of age; be able to read, speak, write and understand the English language. 13 14. Issue of Parachute Rigger Authorization Restrictions and limitations of Parachute Rigger Authorization Where the Authority is satisfied that an applicant for a parachute rigger authorization under regulation 12 meets the requirements for issue of such authorization, the Authority may issue the authorization. (2) (1) 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. Except as provided for by sub-regulation (3), 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. (3) 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 Experience, knowledge and skill requirements. 15. Except as provided in regulation 17, an applicant for a parachute rigger authorization shall: (a) 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; (b) 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. 16. Authorization requirements for current or former military parachute rigger. Notwithstanding regulation 12, 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: (a) 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 (b) has the experience required by regulation 15. Performance standards 17. A holder of a parachute rigger authorization shall not: (a) (b) (c) pack, maintain or modify any parachute unless he is authorized for that type; pack a parachute that is not safe for emergency use; pack a parachute that has not been thoroughly dried and aired; 377 Official Gazette nº 21bis of 25/05/2015 (d) alter a parachute in a manner that is not specifically authorized by the Authority or the manufacturer; (f) (e) pack, maintain or modify a parachute in any manner that deviates from procedures approved by the Authority or the manufacturer of the parachute; or exercise the privileges of the authorization unless he understands the current manufacturer's instructions for the operation involved and 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. 18. (1) A holder of parachute rigger authorization shall keep a record of the packing, maintenance and modifications of parachutes performed or supervised. (3) (2) 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. The record required by sub-regulation (1) shall contain, with respect to each parachute worked on, a statement of: (a) (b) (c) (d) (e) (f) type and make; serial number; the name and address of the owner or user of the parachute; the kind and extent of the work performed; the date when, and the place where the work was performed; and the results of any drop tests made with it. Records to be kept by Parachute Rigger. (4) A person who makes a record under sub-regulation (1) shall keep that record for at least two years after the date the record is made. Privileges. 19. A holder of a parachute rigger authorization may: (a) pack, maintain or modify any type of parachute for which he is (b) authorized; and supervise other persons in packing, maintaining or modifying any type of parachute for which the holder of authorization is authorized. Validity and renewal requirements 20. (1) A parachute rigger authorization shall be valid for a period of twenty four months from the date of issue or renewal. (2) 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. PART III - PARACHUTE OPERATIONS CERTIFICATE General Certificate requirements 21. (1) A person shall not conduct parachute operations unless that person: (a) holds a parachute operations certificate; (b) complies with the privileges and limitations of the authorization referred to in sub-paragraph (a); (c) complies with operational standards and procedures contained in the parachute Operations Manual approved by the Authority; and (d) complies with the currency requirements determined by the Authority. 378 22. Application for parachute operations certificate Official Gazette nº 21bis of 25/05/2015 (2) A person shall not conduct parachute operations unless there is available for use a parachute Operations Manual approved by the Authority. In this Part ,“person” includes an association, organization or club. (3) (1) An applicant for a parachute operations certificate shall complete and submit an application form prescribed by the Authority which shall include the following information: (a) the radius of the drop zone around the target expressed in kilometres or nautical miles; the location of the centre of the drop zone in relation to the nearest airport, town or city; each altitude above mean sea level at which the aircraft will be operated when parachutists or objects exist the aircraft; the name, address, and telephone number of the person who requests the authorization or gives notice of the parachute operation; 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) (c) (d) (e) (2) The Authority may issue a parachute operations certificate if an applicant meets the requirements of these Regulations. 23. (1) Amendment of a parachute operations certificate (2) (3) (4) A parachute operations certificate may be amended: (a) on the Authority's own initiative, under applicable laws and regulations; or 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. 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. 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. Validity of a parachute operations certificate 24. (1) 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: (a) a shorter period is specified by the authority; (b) the Authority amends, suspends, revokes or otherwise terminates the certificate; (c) the certificate holder surrenders it to the Authority; or (d) the certificate holder suspends operations. (2) The holder of a certificate that is suspended or revoked shall return it to the Authority. Parachute operations manual. 25. (1) 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: (a) (b) (c) (d) (e) introduction and common abbreviations; basic safety requirements; student training syllabus; skills programme; formation parachuting rules; 379 Official Gazette nº 21bis of 25/05/2015 (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) artistic events; canopy formation; camera persons; tandem operations; extra ordinary activities; wing suits; jump master certification course syllabus; rigging rules; drop zone and landing area operating procedures; briefings for new jumpers; miscellaneous forms. (2) The operations manual referred to in sub-regulation (1) 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 (3) 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. (4) 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. 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: (a) a qualified experienced jump master with a minimum of 1000 free fall jumps and at least 2 years experience in parachute operations; and (b) must have successfully completed a training in safety and parachute operating procedures recognized by the Authority. PART IV : OPERATING RULES 26. Designation of a safety and training personnel Use of drugs or alcohol 27. 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: (a) (b) alcohol, or any drug that affects that person's faculties in any way contrary to safety. Hazard 28. 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. Exit from an aircraft. 29. A person shall not exit from an aircraft to make a parachute descent unless authorized to do so by: (a) (b) the pilot-in-command; or a person nominated by a pilot-in-command for that purpose. Minimum parachute 30. A person making a parachute descent shall activate the main parachute at a height not 380 Official Gazette nº 21bis of 25/05/2015 activation altitude less than 760 m (2,500 ft) above ground level, except for: (a) (b) a student parachutist, who shall activate the main parachute at not less than 900 m (3,000 ft) above ground level; or 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. Parachute drop zone 31. 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. Parachute landing area 32. (1) 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. (2) Simultaneous parachute and aircraft movements may be conducted at aerodromes if the parachute landing area is located clear of: (a) (b) (c) (d) any movement area in use; the strip area of any runway in use; a taxiway which is in use; and the approach and take-off areas of any runway or heliport in use. (3) A person shall not make a parachute descent into water unless; (a) (b) the parachute landing area has a clearly defined perimeter; and adequate arrangements have been made to retrieve all parachutists. Ground signal 33. 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. Controlled airspace Descents onto manned aerodromes 34. A person shall not make a parachute descent in a controlled airspace unless he: (a) (b) obtains an air traffic control clearance; and descends in accordance with that clearance. 35. A person shall not make a parachute descent onto an aerodrome unless he: (a) (b) (c) has prior approval from the owner or operator of the aerodrome; obtains clearance from the air traffic control unit at the aerodrome; and lands within the parachute landing area. Descents onto unmanned aerodromes 36. A person shall not make a parachute descent onto an unmanned aerodrome unless he: (a) has prior approval from the owner or operator of the aerodrome; (b) observes other aerodrome traffic operating within the parachute descent zone for the purpose of avoiding collision; conforms with or avoids the pattern of traffic formed by other aircraft operating within the parachute descent zone at the aerodrome; and lands within the parachute landing area. (c) (d) Descents within restricted areas 37. 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. Visibility and clearance from cloud 38. (1) Except as provided in sub-regulation (2) a person shall not make a parachute descent unless he remains clear of cloud. (2) A person shall not make a parachute descend through cloud in a controlled 381 Descents from higher altitudes Official Gazette nº 21bis of 25/05/2015 airspace unless he has obtained an air traffic control clearance to do so. 39. (1) A person shall not make a parachute descent from an un-pressurized aircraft unless: (a) 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 (b) 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. (2) 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. (3) 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. (4) 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. 40. Parachute operations over or into a congested area or an open-air assembly of persons 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. Parachutes 41. PART V-PARACHUTE EQUIPMENT AND FACILITIES (1) 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. (2) A person or tandem pair shall not make a parachute descent unless equipped with a reserve parachute assembly which: (a) complies with the technical standards of a parachute organization; and (b) 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. (3) A tandem rider shall not make a parachute descent unless he wears a harness which; (a) (b) complies with the technical standards of a parachute organization; and is properly secured to a marching tandem master harness. Altimeter 42. A person or tandem pair shall not make a free-fall descent of more than 10 seconds unless: 382 Automatic activation devices Official Gazette nº 21bis of 25/05/2015 (a) he is equipped with, and use, a serviceable altimeter of a type suitable for parachuting; and (b) prior to take-off, zero the altimeter to the parachute landing area height. 43. 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: (a) 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; (b) calibrated in accordance with the manufacturer’s operating instructions; (c) 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; (d) (e) inspected by the parachute rigger in accordance with the manufacturer’s instructions; and check-calibrated within the previous six months. Safety equipment 44. (1) 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. (2) 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. (3) 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. (4) A tandem pair shall not make a parachute descent unless equipped with protective head gear approved by the parachute organization. PART VI - PARACHUTE MAINTENANCE Facilities and equipment requirements 45. A 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: (a) (b) (c) (d) a smooth surface; suitable housing that is adequately lighted and ventilated for drying and airing parachutes; enough packing tools and other equipment to pack and maintain the types of parachutes serviced; and adequate housing facilities to perform applicable duties and to protect tools and equipment. Airworthiness and safety directives 46 A person who intends to use a parachute for jumping shall ensure that the parachute complies with: 383 Official Gazette nº 21bis of 25/05/2015 (a) (b) applicable airworthiness directives issued by the Authority; applicable safety directive issued by the parachute operations certificate holder; and (c) mandatory modifications or instructions issued by the manufacturer. Parachute serviceability 47. (1) Each person who finds a parachute assembly to be unserviceable or not airworthy shall have the assembly: (a) (b) withdrawn from service. re-inspected and returned to a serviceable and airworthy condition; or (2) A person shall not return to service a parachute assembly that has been marked as unserviceable until it has been re-inspected and returned to serviceable and airworthy condition before use. Modification and repair 48. A person shall not use a parachute, or harness and container system that has been modified or repaired, in a 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 Parachute assembly check 49. (1) Except as provided by provisions of sub-regulations (2) and (3), no person shall make a parachute descent unless he has checked the state of serviceability of the parachute assembly by: (a) (b) (c) (d) reference to the assembly packing record for the parachute assembly; a comprehensive external check; checking that all the equipment is properly set to operate; ensuring that no item being carried will interfere with the proper functioning of the parachute assembly; and ensuring that the seal is not broken or interfered with. (e) (2) 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 sub-regulation (1). (3) For tandem riders, the tandem master shall inspect the equipment being worn by the tandem passenger in accordance with sub-regulation (1). Seal 50. (1) An authorized parachute rigger shall have a seal with an identifying mark and a seal press prescribed by the Authority. (2) After packing a parachute, the parachute rigger shall seal the pack with a seal the manufacturer's in accordance with referred to sub-regulation (1) recommendation for that type of parachute. Parachute records 51. (1) Each owner of a parachute assembly shall maintain a permanent record of which shall be kept in the assembly at all times, in: (a) (b) a logbook; or a separable log page, approved by the parachute operations certificate holder. (2) The owner referred to in sub-regulation (1) shall make the record available for inspection when required by an authorized officer, inspector or authorized person. Access for inspection 52. A holder of a parachute operations certificate shall for the purpose of inspection to determine compliance with applicable regulations and requirements: (a) grant the Authority unrestricted access to any of its organization’s, 384 Official Gazette nº 21bis of 25/05/2015 (b) facilities and aircraft; and 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. PART VII – GENERAL Drug and alcohol testing and reporting 53. (1) 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. (2) A person who refuses to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer or the Authority, or refuses to furnish or to authorise the release of the test results requested by the Authority shall: (a) be denied any licence, certificate, rating, qualification, or authorization issued under these Regulations for a period of up to one year from the date of that refusal; or have their licence, certificate, rating, qualification, or authorization issued under these Regulations suspended or revoked. (b) (3) 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: (a) 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 have their licence, certificate, rating, qualification, or authorization issued under these Regulations suspended or revoked. (b) (4) 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: (a) 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 have their licence, certificate, rating, qualification, or authorization issued under these Regulations suspended or revoked. (b) (sé) Dr NZAHABWANIAMANA Alexis Minister of State in charge of Transport Seen and sealed with the Seal of the Republic: (sé) BUSINGYE Johnston Minister of Justice/Attorney General 385 Official Gazette nº 21bis of 25/05/2015 ANNEX IX TO THE MINISTERIAL REGULATIONS Nº 02/MOS/TRANS/015 OF 08/04/2015 IMPLEMENTING THE LAW Nº 75/2013 OF 11/09/2013 ESTABLISHING REGULATION GOVERNING CIVIL AVIATION CIVIL AVIATION (AIR OPERATOR CERTIFICATION AND ADMINISTRATION) REGULATIONS 2015 ARRANGEMENT OF REGULATION Regulation PART I – PRELIMINARY Citation 1. 2. Application PART II - AIR OPERATOR CERTIFICATE Compliance with an air operator certificate. Application for an air operator certificate. Issuance of air operator certificate. Contents of air operator certificate. Validity and renewal of an air operator certificate. Amendment of an air operator certificate. Access for inspection. 3. 4. 5. 6. 7. 8. 9. 10. Conducting tests and inspections. PART III - AIR OPERATOR CERTIFICATION AND CONTINUED VALIDITY Inspection of personnel and other records. 11. Base of operations 12. Management personnel required for commercial air transport operations. 13. Qualifications of Personnel. 14 Quality System 15. Submission and revision of policy and procedure manuals 16. Retention and maintenance of personnel and other records. 17. 18. Flight recorders records. 19. Aircraft record. 20. Authorized aircraft. 21. Dry leasing of foreign registered aircraft. 22. Aircraft interchange. 23. Wet-leasing of aircraft. 24. Emergency evacuation demonstration 25. Demonstration flights. 26. Facilities. 27 Operations schedule. 386 Official Gazette nº 21bis of 25/05/2015 PART IV – AIR OPERATOR CERTIFICATE FLIGHT OPERATIONS MANAGEMENT 28. Operations manual. 29. Training programmes. 30. Aircraft operating manual. 31. Air operator certificate holder’s journey log. 32. Designation of pilot-in-command 33. Required cabin crew members 34. Carriage of special situation passengers. 35. Cockpit check procedure. 36. Minimum equipment list and configuration deviation list. 37. Performance planning manual 38. Performance data control system. 39. Aircraft loading and handling manual. 40. Mass and balance data control system. 41. Cabin crew member manual 42. Passenger briefing cards. 43. Aeronautical data control system. 44. Route guide and aeronautical charts. 45. Weather reporting sources. 46. De-icing and anti-icing programme. 47. Flight supervision and monitoring system. 48. Flight following system for charter flights operations. 49. Communications facilities. 50. Routes and areas of operation 51 En-route navigational facilities 52. Flight safety documents systems 53 Safety Management PART V – AIR OPERATOR CERTIFICATE MAINTENANCE REQUIREMENTS 54. Maintenance responsibility. PART VI – AIR OPERATOR CERTIFICATE SECURITY MANAGEMENT 55. Security requirements 56. Security training programmes. 57. Reporting acts of unlawful interference. 58. Aircraft search procedure checklist 59. Security of the flight crew compartment Part VII – AIR OPERATOR CERTIFICATE DANGEROUS GOODS MANAGEMENT 60. Approval to transport dangerous goods. 61. Compliance with Technical Instructions. 62. Limitations on the transport of dangerous goods. 63. Classification of dangerous goods 64. Packing. 65. Labelling and marking. 387 Official Gazette nº 21bis of 25/05/2015 Inspection for damage, leakage or contamination. 66. Dangerous goods transport document. 67. Acceptance of dangerous goods. 68. 69. Removal of contamination. 70. Loading restrictions. 71 72. Training programmes. 73 Dangerous goods incident and accident reports Provision of information. SCHEDULES FIRST SCHEDULE – AIR OPERATOR CERTIFICATE (AOC) TEMPLATE SECOND SCHEDULE – OPERATIONS SPECIFICATIONS TEMPLATE THIRD SCHEDULE – ORGANISATION AND CONTENTS OF THE OPERATIONS MANUAL FOURTH SCHEDULE – CONTENTS OF CABIN CREW MANUAL FIFTH SCHEDULE – FLIGHT SAFETY DOCUMENT SYSTEM SIXTH SCHEDULE - CONTENTS OF AIRCRAFT OPERATING MANUAL 388 Official Gazette nº 21bis of 25/05/2015 THE CIVIL AVIATION (AIR OPERATOR CERTIFICATION AND ADMINISTRATION) REGULATIONS 2015 PART I – PRELIMINARY Citation 1. These Regulations may be cited as the Civil Aviation (Air Operator Certification and Administration) Regulations, 2015. Application 2. (1) These Regulations apply to air operators carrying passengers, cargo or mail for remuneration or hire whose principal place of business or permanent residence is located in Rwanda. (2) Except where specifically noted, these Regulations applies to all commercial air transport operations by air operator certificate holders for which Rwanda is the State of the operator. PART II - AIR OPERATOR CERTIFICATE Compliance with an air operator certificate 3. (1) An operator shall not engage in commercial air transport operations unless that operator holds a valid air operator certificate issued by the Authority. (2) An air operator certificate referred to in sub-regulation (1) shall authorize the operator to conduct commercial air transport operations in accordance with the authorizations, conditions and limitations that may be specified in the air operator certificate. (3) The issue of an air operator certificate by the Authority shall be dependent upon the operator demonstrating an adequate organization, method of control and supervision of flight operations, training programme as well as ground handling and maintenance arrangements consistent with the nature and extent of the operations specified. (4) An operator shall develop policies and procedures for third parties that perform work on its behalf. (5) The continued validity of an air operator certificate shall depend upon the operator maintaining the requirements of sub-regulation (3) above under the supervision of the Authority 4. Application for an air operator certificate (1) An operator applying to the Authority for an air operator certificate shall submit an application: (a) (b) on a form and manner prescribed by the Authority; and containing any other information the Authority requires the applicant to submit. (2) Except for the Operations Manual specified in regulation 28 and the Maintenance Control Manual specified in the Civil Aviation (Operation of Aircraft) Regulations, regulation 21 which shall be submitted at least ninety days before the date of intended operation, an applicant shall make the application for an initial issue or reissue of an air operator certificate at least sixty days before the date of the intended operation. 389 Official Gazette nº 21bis of 25/05/2015 Issuance of air operator certificate 5. (1) The Authority may issue an air operator certificate to an applicant if that applicant: (a) has its principal place of business and it is registered in Rwanda; (b) meets the applicable regulations and standards for the holder of an air (c) (d) operator certificate; is properly qualified and adequately staffed and equipped to conduct safe operations in commercial air transport in maintenance of the aircraft; holds a valid Air Service License issued under the Rwanda Civil Aviation Licensing of Air Services Regulations; (e) has met any other requirements as specified by the Authority. Contents of air operator certificate (2) The Authority may reject an application for an air operator certificate if inter alia: (a) the applicant does not meet the requirements specified in sub-regulation (b) (c) (d) (1); the applicant previously held an air operator certificate which was revoked; the applicant is not suitable by reason of previous conduct and experience to properly maintain an air operator certificate; or an individual who has previously contributed to the circumstances that caused the revocation of an air operator certificate obtains a substantial ownership in the applicant organization or is employed in a management position in the applicant organization. 6. (1) An air operator certificate shall consist of : (a) (b) a certificate for public display issued by the Authority; and operation specifications containing the terms and conditions applicable to the certificate. (2) The certificate mentioned in sub-regulation (1)(a) shall contain: a) the State of the Operator and the issuing authority; b) the air operator certificate number and its expiration date; c) the operator name, trading name (if different) and address of the principal place of business; d) the date of issue and the name, signature and title of the authority representative; and e) the location, in a controlled document carried on board, where the contact details of operational management can be found. (3) Operation specifications mentioned in sub-regulation (1)(b) shall contain: a) issuing authority contact details, b) operator name and AOC number c) date of issue and signature of the authority representative, d) aircraft model, types and area of operations, f) special limitations and authorizations. (4) The air operator certificate shall be in the form prescribed in first schedule. (5) A certified true copy of the AOC and associated Operations Specifications shall be carried on board, where the contact details of operations management can be found. (6) The operations specifications associated with the air operator certificate shall contain at least the information listed in the second schedule. Validity and 7. (1) An air operator certificate issued by the Authority shall be valid for twelve 390 renewal of an air operator certificate Official Gazette nº 21bis of 25/05/2015 months from the date of issue or renewal, unless a shorter period is specified by the Authority or: (a) the Authority amends, suspends, revokes or otherwise terminates the certificate; an air operator certificate holder surrenders it to the Authority; the Authority establishes that the air operator has suspended operations for more than 60 continuous days; or the air operator certificate holder notifies the Authority of the suspension of operations. (b) (c) (d) (2) An air operator certificate which is suspended or revoked shall be returned to the Authority. (3) An application for renewal of an air operator certificate shall be made on a form prescribed by the Authority not later than sixty days before the certificate expires. (4) An applicant for an air operator certificate which has expired shall make an initial application. 8. (1) Amendment of an air operator certificate The Authority may amend an air operator certificate if: (a) the Authority determines that the amendment is necessary for the safety in commercial air transport and in public interest; or the air operator certificate holder applies for an amendment, and the Authority determines that the amendment is necessary for safety in commercial air transport and in the public interest. (b) Access for inspection (2) Where the Authority stipulates in writing that an emergency exists requiring the immediate amendment of the air operator certificate in the public interest with respect to safety in commercial air transportation, such an amendment is effective on the date the air operator certificate holder receives notice of the amendment. (3) An air operator certificate holder shall operate in accordance with the amendment unless it is subsequently withdrawn. (4) Amendments stipulated by the Authority, other than emergency amendments, shall become effective thirty days after notice is issued to the air operator certificate holder. (5) Amendments proposed by the air operator certificate holder shall be made at least thirty days prior to the intended date of any operation under that amendment. (6) A person shall not perform a commercial air transport operation for which an air operator certificate amendment is required, unless that person has received notice of the approval from the Authority 9. (1) An air operator certificate holder shall for the purpose of inspection: (a) (b) (c) grant the Authority unrestricted access to any of its organizations, facilities and aircraft; ensure that the Authority is granted unrestricted access to any organization or facilities that it has contracted for services associated with commercial air transport operations and maintenance for services; and grant the Authority unrestricted access to the cockpit of the aircraft during flight operations. (2) An air operator certificate holder shall provide to the Authority a forward observer’s seat on the air operator certificate holder’s aircraft from which the flight crew’s actions and conversations may be easily observed. (3) Where the seat specified in sub-regulation (2) is not suitable for purposes of inspection, the suitability of the seat location and the ability to monitor crew 391 Conducting tests and inspections 10. Official Gazette nº 21bis of 25/05/2015 member actions, conversations and radio communications shall be determined by the Authority. (1) The Authority shall conduct surveillance on the air operator certificate holder to ensure continued eligibility to hold an air operator certificate and associated approvals. (2) An air operator certificate holder shall allow the Authority to conduct tests and inspections, at any time or place, to determine whether the air operator certificate holder is complying with the applicable laws, regulations and the terms and conditions of the air operator certificate. (3) An air operator certificate holder shall make available at its principal base of operations the current: (a) air operator certificate and its operation specifications; (b) operations and maintenance manuals; and (c) a list that includes the location and individual positions responsible for each record, document and report required to be kept by the air operator certificate holder under the applicable Regulations or standards. (4) Upon failure by an air operator certificate holder to make available to the Authority upon request, any document, certificate or report, the Authority may suspend the air operator certificate or any of its operation specifications. PART III - AIR OPERATOR CERTIFICATION AND CONTINUED VALIDITY Base of operations 11. (1) An air operator certificate holder shall maintain a principal base of operations in Rwanda. (2) An air operator certificate holder shall submit written notification to the Authority, to establish or change the location of a principal base of operation at least thirty days before the proposed change. 12. Management personnel required for commercial air transport operations (1) An air operator certificate (AOC) holder shall have an Accountable Manager, acceptable to the Authority, with authority to ensure that all operations and maintenance activities are financed and carried out to the highest safety standards required by the Authority. (2) When conducting commercial air transport operations, the AOC holder shall have qualified personnel, with proven competency in civil aviation, available and serving in the following positions or their equivalent- (a) Director of Operations; (b) Chief Pilot; (c) Director of Maintenance; (d) Quality Manager; and (e) Director of Safety. (3) For the purposes of sub-regulation (2) “competency in civil aviation” means that an individual shall have a technical qualification and management experience acceptable to the Authority for the position served. (4) The Authority may approve position, other than those listed, if the AOC holder is able to show that it can perform the operation safely under the direction of fewer or different categories of management personnel due to the- (a) (b) kind of operations involved; number of aircraft used; and 392 Qualifications of personnel Official Gazette nº 21bis of 25/05/2015 (c) area of operation. (5) An AOC holder shall- (a) state in the general policy provisions of the Operations Manual required by these Regulations, the duties, responsibilities, and authority of personnel required under sub-regulation (2); list in the manual, the names and business addresses of the individuals assigned to those positions; and (b) (c) notify the Authority within ten days of any change in personnel or any vacancy in any position listed. (6) An AOC holder shall make arrangements to ensure continuity of supervision if operations are conducted in the absence of any required management personnel. (7) Required management personnel shall be contracted to work sufficient hours, to ensure that the management functions of the AOC holder are fulfilled. (8) A person serving in a required management position for an AOC holder shall not serve in a similar position for any other AOC holder, unless an exemption is issued by the Authority. 13 (1) The Accountable Manager shall posses the following qualifications- (a) a background in the management of commercial air transport operations; (b) knowledge of the Civil Aviation (Air Operator Certification and Administration) Regulations, and other Regulations and materials published by the Authority that are applicable to flight operations and aircraft maintenance; and (c) knowledge of the operations and aircraft maintenance requirements of the air operator certificate (AOC) holder. The minimum qualifications for a Director of Operations are- (a) (b) an airline transport pilot licence; and three years experience as pilot-in-command (PIC) in commercial air transport operations of large aircraft. The minimum qualifications for a Chief Pilot are- (a) an airline transport pilot licence with the appropriate ratings for at least one of the aircraft used in the AOC holder’s operations; three years experience as PIC in commercial air transport operations; and a commercial pilot license with instrument rating in lieu of the airline transport pilot licence if the PIC requirements for the operations conducted require only a commercial pilot licence; (b) (c) (2) (3) (4) The minimum qualifications for a Director of Maintenance are- (a) (b) a licensed maintenance engineer with appropriate airframe, powerplant and avionics ratings; and three years experience in maintaining the same category and class of aircraft used by the AOC holder including one year in the capacity of returning aircraft to service. (5) The minimum qualifications for Quality Manager are- (a) a technically qualified person in the field of aircraft maintenance, or flight or ground operations; (b) at least three years experience in the field of aircraft maintenance, flight or ground operations; and (c) must have successfully completed a training in quality management recognized by the Authority 393 Official Gazette nº 21bis of 25/05/2015 (6) The minimum qualifications for Director of Safety are- (a) (b) a technically qualified person in the field of aircraft maintenance or flight operations; at least five years experience in the field of aircraft maintenance or flight operations; and (c) must have successfully completed a training in safety management systems course recognized by the Authority. (7) An AOC holder may approve the employment of a person who does not meet the appropriate qualification or experience if the Authority issues an exemption upon finding that that person has comparable experience and can effectively perform the required management functions. (1) An air operator certificate (AOC) holder shall establish a quality system and designate a quality manager to monitor compliance with, and adequacy of, procedures required to ensure safe operational practices and airworthy aircraft. (2) Compliance monitoring in accordance with sub-regulation (1) shall include a feedback system to the Accountable Manager to ensure corrective action as necessary. (3) An AOC holder shall ensure that each quality system established as required by sub-regulation (1) includes a quality assurance programme that contains procedures designed to verify that all operations are being conducted in accordance with all applicable requirements, standards and procedures. (4) The quality system, and the quality manager specified in sub-regulation (1), shall be acceptable to the Authority. Quality System 14 Submission and revision of policy and procedure manuals (5) An AOC holder shall describe the quality system in all relevant documentation. (6) Notwithstanding sub-regulation (1) of this regulation, the Authority may accept the appointment of two quality managers, one for operations and one for maintenance; provided that the AOC holder has designated one quality management unit to ensure that the quality system is applied uniformly during the entire operation. 15. (1) A person who develops and maintains a manual required by these Regulations shall ensure that the manual: (a) includes instructions and information necessary to allow the personnel concerned to perform their duties and responsibilities safely; is in a form that is easy to revise and contains a system which allows personnel to determine the current revision status of each manual; has a date of the last revision on each revised page; is not contrary to any applicable Laws of Rwanda and the air operator certificate holder’s operations specifications; and includes a reference to the appropriate civil aviation regulations. (b) (c) (d) (e) (2) A person shall not implement any policy or procedure for flight operations or airworthiness functions prior to approval or acceptance by the Authority as appropriate. (3) An air operator certificate holder shall submit the proposed policy or procedure to the Authority at least thirty days prior to the date of intended implementation. 16. Retention and maintenance of personnel and other records (1) An air operator certificate holder shall maintain current records detailing the qualifications and training of all its employees and the employees of contractors involved in the operational control, flight operations, ground operations and maintenance of the air operator. (2) An air operator certificate holder shall maintain records for a minimum period of two years for those employees performing crew member or flight dispatch duties 394 Official Gazette nº 21bis of 25/05/2015 in sufficient detail to determine whether the employee meets the experience and qualification requirements for duties in commercial air transport operations. (3) An air operator certificate holder shall retain the following records for the period specified: flight and duty records, two years; flight crew records, two years; fuel and oil records, , three months; completed load manifests, six months; mass and balance records, six months; dispatch releases, six months; flight plans, six months; passenger manifests, six months; weather reports, six months; journey logs, two years; (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) completed flight preparation forms referred to in regulation 92 of the Civil Aviation (Operation of Aircraft) Regulations, three months. and aircraft technical logbook, two years. (l) 17. (1) An air operator certificate holder shall whenever called upon to do so by an authorized person: (a) (b) produce for the inspection of that person all records referred to in regulation 16; and furnish to that person all information that person may require, in connection with the records and produce, for, that person’s inspection all log-books, certificates, papers and other documents which that person may reasonably require to examine for the purpose of determining whether the records are complete or of verifying the accuracy of their contents. (2) The air operator certificate holder shall, at the request of any person in respect of whom that person is required to keep records as specified above, furnish to that person, or to any operator of aircraft for the purpose of commercial air transport by whom that person may subsequently be employed, particulars of any qualifications obtained by such person while in the service of the air operator certificate holder. 18. (1) An air operator certificate holder shall retain: (a) (b) the most recent flight data recorder calibration, including the recording medium from which this calibration is derived; and the flight data recorder correlation for one aircraft of any group of aircraft operated by the air operator certificate holder: (i) (ii) on which the model flight recorder and its installation are the same; that are of the same type; and (iii) on which there is no difference in type design with respect to the original installation of instruments associated with the recorder. (2) In the event of an accident or incident that requires immediate notification to the Authority, the air operator certificate holder shall remove and keep recorded information from the cockpit voice recorder and flight data recorder for at least sixty days or, if requested by the Authority, for a longer period. Inspection of personnel and other records Flight recorders records Aircraft 19. (1) An air operator certificate holder shall maintain a current list of each aircraft it 395 record Authorized aircraft Dry leasing of foreign registered aircraft Official Gazette nº 21bis of 25/05/2015 operates and shall send a copy of the list to the Authority, as well as each change to the list, prior to the intended change. (2) An aircraft of another air operator certificate holder operated under an interchange agreement shall be incorporated in the current list of aircraft required by sub-regulation (1). 20. (1) An air operator certificate holder shall not operate an aircraft in commercial air has an appropriate current airworthiness certificate; is in an airworthy condition; and transport unless that aircraft: (a) (b) (c) meets the applicable airworthiness requirements for the operations the air operator certificate holder intends to carry out, including those related to identification and equipment. (2) A person shall not operate any specific type of aircraft in commercial air transport until it has completed satisfactory initial certification, which includes the issuance of an air operator certificate listing that type of aircraft (3) A person shall not operate additional or replacement aircraft of a type for which it is currently authorized unless that person can show that the aircraft has been approved by the Authority for inclusion in the air operator certificate holder’s fleet. 21. (1) An air operator certificate holder may dry-lease a foreign-registered aircraft for commercial air transport as authorized by the Authority. (2) An air operator certificate holder shall not operate a foreign registered aircraft unless: (a) (b) there is in existence a current agreement between the Authority and the State of registry that, while the aircraft is operated by the Rwanda air operator certificate holder, these Regulations governing the issuance of the Rwandan air operator certificate and its operation specification shall apply; there is in existence a current agreement between the Authority and the State of registry that: (i) while the aircraft is operated by the air operator certificate holder, the Airworthiness Regulations of the State of registry are applicable; or, if the State of registry agrees to transfer some or all of the responsibility for airworthiness to the Authority under Article 83bis of the Chicago Convention, the Civil Aviation (Airworthiness) Regulations shall apply to the extent agreed upon by the Authority and the State of registry; (iii) the agreement acknowledges the Authority shall have that (ii) unrestricted access to the aircraft at any place and any time. (3) Pursuant to sub-regulation (2), an air operator certificate holder may operate a foreign registered aircraft for a period not exceeding six consecutive months. (4) The total number of dry leased aircraft shall be such that an air operator certificate holder will not be predominantly dependent on foreign registered aircraft. (5) A person who wishes to operate a dry leased aircraft shall provide the Authority with the following information: (a) (b) the aircraft type and serial number; the name and address of the registered owner; 396 Official Gazette nº 21bis of 25/05/2015 (e) (c) (d) the State of registry and registration marks; the Certificate of Airworthiness and statement from the registered owner that the aircraft fully complies with the airworthiness requirements of the State of registry; the name, address and signature of the lessee who shall be responsible for the operational control of the aircraft under the lease agreement, including a statement that the lessee fully understands the responsibilities under the applicable regulations; a copy of the lease and maintenance agreement ; the duration of the lease; and any other information as the Authority deems necessary. (6) A Rwanda air operator certificate holder may dry lease an aircraft registered in another contracting State for the purpose of commercial air transportation provided that the following conditions are met: (a) (f) (g) (h) the aircraft carries an appropriate airworthiness certificate issued, in accordance with Rwanda Civil Aviation (Airworthiness) Regulations and meets the aircraft registration and marking requirements of that state; the aircraft is of a type design which complies with all of the requirements that would be applicable to that aircraft were it registered in Rwanda, including the requirements which shall be met for issuance of a Rwanda airworthiness certificate including type design conformity, condition for safe operation, and the noise, fuel venting, and engine emission requirements; the aircraft is maintained according to an approved maintenance programme; and the aircraft is operated by Rwanda licenced flight crew employed by the Rwanda air operator certificate holder. (b) (c) (d) (7) An air operator certificate holder operating a dry leased aircraft shall have operational control of that aircraft. (8) An air operator certificate holder shall provide satisfactory evidence that the aircraft has been deleted from the lessor’s air operator certificate before the Authority lists the aircraft on the lessee’s air operator certificate. (9) An air operator certificate holder engaged in the dry leasing of aircraft shall make the dry lease agreement explicit concerning the maintenance programme and the minimum equipment list (MEL) to be followed during the lease period. (10) Where the lease arrangement is determined to be a dry lease involving aircraft that possess valid certificates of registration and airworthiness issued by the State of the registry, and the dry lease is acceptable to the Authority, operations specifications shall be developed by the air operator certificate holder containing at least the following: (a) (b) the names of the parties to the lease agreement and the duration thereof; the nationality and registration marks of each aircraft involved in the agreement; the type of aircraft to be used; the area of operation; and the regulations applicable to the operation. (c) (d) (e) Interchange agreement 22. (1) An air operator certificate holder shall not interchange aircraft with another air operator certificate holder without the approval of the Authority. (2) Prior to operating an aircraft under an interchange agreement, the air operator certificate holder shall show that: 397 Official Gazette nº 21bis of 25/05/2015 (a) the procedures for the interchange operation conform with safe operating (b) (c) practices; the required crew members and flight operations officers meet approved training requirements for the aircraft and equipment to be used and are familiar with the communications and dispatch procedures to be used; the maintenance personnel meet the approved training requirements for the aircraft and equipment, and are familiar with the maintenance procedures to be used; (d) the flight crew members and flight operations officers meet approved (e) (f) appropriate route and airport qualifications; the aircraft to be operated is essentially similar to the aircraft of the air operator certificate holder with whom the interchange is effected; and the arrangement of flight instruments and controls that are critical to safety are essentially similar, unless the Authority determines that the air operator certificate holder has adequate training programmes to ensure that any potentially hazardous dissimilarities are safely overcome by flight crew familiarisation. (3) An air operator certificate holder operating an aircraft under an interchange agreement shall include the pertinent provisions and procedures of the agreement in its manuals. (4) An air operator certificate holder shall: (a) (b) amend its operations specifications to reflect an interchange agreement; and comply with the applicable regulations of the State of registry of an aircraft involved in an interchange agreement while it has operational control of that aircraft. (3) (1) A holder of an air operator certificate issued under these Regulations may enter into a wet-lease arrangement with another air operator subject to the approval of the Authority and any terms, conditions or limitations imposed by the Authority. (2) Where a holder of an air operator certificate issued under these Regulations enters into a wet lease arrangement, the air operator certificate holder shall maintain operational control of the leased aircraft and crew. The air operator certificate holder shall demonstrate how it will maintain operational control to the satisfaction of the Authority. The air operator certificate holder shall apply to the Authority for approval of the wet lease. In support of its application for approval, the air operator certificate holder shall provide the Authority with the following information: (a) (b) (c) (d) (e) the aircraft type and serial number; the name and address of the registered owner; the details of the crew members; the State of registry and registration marks; the certificate of airworthiness and statement from the registered owner that the aircraft fully complies with the airworthiness requirements of the State of registry; the name, address and signature of the air operator certificate holder responsible for the operational control of the aircraft under the lease agreement, including a statement that the air operator certificate holder fully understands the responsibilities under the applicable regulations; a copy of the lease and maintenance agreement; the duration of the lease; and (f) (g) (h) 398 Wet-leasing of aircraft 23. Official Gazette nº 21bis of 25/05/2015 (4) any other information as the Authority deems necessary. (i) The operations specifications of an air operator certificate holder engaged in a wet lease operation shall contain the following information: (a) the names of the parties to the agreement and the duration of the agreement; the make, model, series, serial number, nationality and registration marks of each aircraft referred to in the agreement; the kind of operation; the expiration date of the lease agreement; a statement specifying the party deemed by the Authority to have operational control; and any other item, condition, or limitation the Authority deems necessary. (b) (c) (d) (e) (f) Emergency evacuation demonstration 24. (1) An air operator certificate holder shall not use an aircraft type and model with total seating capacity of 44 and above in commercial air transport passenger- carrying operations unless it has first conducted, for the Authority, an actual full capacity emergency evacuation demonstration for the configuration in ninety seconds or less. (2) The full capacity actual demonstration referred to in sub-regulation (2) may not be required, if the air operator certificate holder applies to the Authority for an exemption with evidence that: (a) a satisfactory full capacity emergency evacuation for the aircraft to be operated was demonstrated during the aircraft type certification or during the certification of another air operator; and there is an engineering analysis, which shows that an evacuation is still possible within the ninety second standard, if the air operator certificate holder’s aircraft configuration differs with regard to number of exits or exit type or number of cabin crew member or location of the cabin crew member. (b) (3) Where an air operator certificate holder requests for a exemption under sub- regulation (3) and the exemption is approved, the air operator certificate holder shall conduct a partial emergency evacuation and ditching evacuation, observed by the Authority, that demonstrates the effectiveness of the air operator certificate holder’s crew members emergency training and evacuation procedures. (4) Where a full capacity demonstration is not required, an air operator certificate holder shall not use an aircraft type and model in commercial air transport passenger-carrying operations unless the air operator certificate holder has first demonstrated to the Authority that its available personnel, procedures and equipment shall provide sufficient open exits for evacuation in fifteen seconds or less. (5) An air operator certificate holder shall not use an aircraft in extended overwater operations unless the air operator certificate holder has first demonstrated to the Authority that it has the ability and equipment to efficiently carry out its ditching procedures. (6) An air operator certificate holder shall apply to the Authority for approval to conduct the emergency evaluation demonstration at least thirty days before the intended date of the emergency evacuation demonstration. (7) Cabin crew member to be used in the emergency evacuation demonstrations shall: (a) (b) be selected at random by the Authority; have completed the air operator certificate holder's Authority-approved 399 Official Gazette nº 21bis of 25/05/2015 (c) training programme for the type and model of aircraft; and have passed the drills and competence check on the emergency equipment and procedures. (8) To conduct a partial emergency evacuation demonstration, the air operator certificate holder’s assigned cabin crew members shall, using the air operator certificate holder's line operating procedures: (a) demonstrate the opening of fifty percent of the required floor-level emergency exits and fifty percent of the required non-floor-level emergency exits, whose opening by a cabin crew member is defined as an emergency evacuation duty and deployment of fifty percent of the exit slides, selected by the Authority; and (b) prepare for use those exits and slides within fifteen seconds. (10) To conduct the ditching evacuation demonstration, the air operator certificate holder’s assigned cabin crew members shall: (a) demonstrate their knowledge and use of each item of required emergency equipment; prepare the cabin for ditching within six minutes after the intention to ditch is announced; remove each life raft from storage, one of which as selected by the Authority shall be launched and properly inflated or one slide life raft properly inflated; and enter the raft, which shall include all required emergency equipment, and completely set it up for extended occupancy. (b) (c) (d) Demonstration flights 25. (1) An applicant for air operator certificate shall not operate an aircraft type, including aircraft materially altered in design, in commercial air transport unless he has conducted demonstration flights. (5) (4) (2) The demonstration flights shall demonstrate to the satisfaction of the Authority that the applicant will operate in accordance with their documented processes and procedures that were provided to Authority for assessment. Fare -paying passengers or revenue cargo shalt not be carried on demonstration flights. In the interests of realism, the operator shall be required to carry non–fee paying passengers that could be company staff or invited guests or non-revenue company cargo or equipment to simulate a normal passenger load. In a demonstration flight, the applicant shall be required to have a passenger load equivalent to 50% of normal capacity. The following conditions shall apply to proving flights: (a) (6) (7) demonstration flights shall cover at least two route sectors, with one sector preferably conducted at night, if the applicant is to be approved for night operations. adequate time shall be planned at each port to allow for inspection of the applicant’s ground staff, procedures and facilities, and to enable inspection of dispatch preparation, aircraft loading, passenger processing and aircraft servicing. a demonstration flight shall include a representative selection of the destinations intended to be serviced. (b) (c) (8) The Authority shall give a written notice to an applicant for an air operator certificate, requiring the applicant: (a) (b) to conduct proving flights; or to carry out other aircraft tests or demonstrations of procedures; 400 Official Gazette nº 21bis of 25/05/2015 to assess whether the applicant can safely conduct the operations covered by the application. The notice shall describe the proving flights, tests or demonstrations that the applicant is required to conduct or carry out. (9) (10) The proving flights, tests or demonstrations must be conducted or carried out under the supervision or observation of an authorised officer and in accordance with the requirements mentioned in the notice. (11) An air operator certificate holder shall not operate an aircraft in a designated special area or using a specialised navigation system unless the air operator certificate holder conducts demonstration flight to the satisfaction of the Authority. Facilities 26. (1) An air operator certificate holder shall maintain operational and airworthiness support facilities at the air operator certificate holders’ principal base of operation, appropriate for the area and type of operation. (2) An air operator certificate holder shall arrange appropriate ground handling facilities necessary to ensure the safe servicing and loading of its aircraft at each airport used. Operations schedule 27. (1) In establishing flight operations schedules, an air operator certificate holder shall: allow enough time for the proper servicing of aircraft at intermediate (a) stops; and consider the prevailing winds en route and cruising speed for the type of aircraft. (b) (2) The cruising speed referred to in sub-regulation (1) shall not be more than that resulting from the specified cruising output of the engines. PART IV – AIR OPERATOR CERTIFICATE FLIGHT OPERATIONS MANAGEMENT Operations manual 28. (1) An air operator shall provide, for the use and guidance of operations personnel concerned, an Operations Manual in accordance with Third Schedule and such mandatory material as the Authority may require. The Operations Manual together with all amendments and/or revisions, shall be reviewed and accepted/approved by the Authority, prior to being used by the air operator. (2) (3) An air operator certificate holder shall not provide for use of its personnel any Operations Manual or its part which has not been reviewed and found acceptable or approved by the Authority. The Operations Manual referred to in sub-regulation (1) 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. (4) (5) An air operator certificate holder shall issue the Operations Manual, or pertinent portions, together with all amendments and revisions, to all personnel that are required to use it. (6) The Operations Manual may be published in parts, as a single document, or as a series of volumes, 401 Training programmes 29. Official Gazette nº 21bis of 25/05/2015 (7) An air operator certificate holder may design an Operations Manual to be more restrictive than the Authority’s requirements. (1) An air operator certificate holder shall ensure that all operations personnel are properly instructed in their duties and responsibilities and the relationship of such duties to the operation as a whole. (2) An operator shall establish and maintain a ground and flight training programme, approved by the Authority, which ensures that all flight crew members are adequately trained to perform their assigned duties. The training programme shall: a) include ground and flight training facilities and properly qualified instructors as determined by the State of the Operator; b) consist of ground and flight training in the type(s) of aeroplane on which the c) d) e) flight crew member serves; include proper flight crew coordination and training in all types of emergency and abnormal situations or procedures caused by power plant, airframe or systems malfunctions, fire or other abnormalities; include upset prevention and recovery training; include training in knowledge and skills related to visual and instrument flight procedures for the intended area of operation, charting human performance including threat and error management and in the transport of dangerous goods; f) ensure that all flight crew members know the functions for which they are responsible and the relation of these functions to the functions of other crew members, particularly in regard to abnormal or emergency procedures; and be given on a recurrent basis, as determined by the Authority and shall include an assessment of competence. (3) The requirement for recurrent flight training in a particular type of aeroplane shall be considered fulfilled by: a) b) the use, to the extent deemed feasible by the Authority , of flight simulation training devices approved by this Authority for that purpose; or the completion within the appropriate period of the proficiency check required for that type of aeroplane. (4) An operator shall establish and maintain a training programme, approved by the Authority, to be completed by all persons before being assigned as a cabin crew member (5) An AOC holder shall have a training curriculum approved by the Authority prior to using a the training curriculum for the purpose of qualifying a crew member or a person performing operational control function, for duties in commercial air transport. (6) An air operator certificate holder shall submit to the Authority any revision to an approved training programme, and shall receive approval of the revision from the Authority before that revision can be effected. The training programmes specified in sub-regulation (2) shall be described in detail either in the operations or in a training manual which would form part of the operations manual but may be issued as a separate volume. (7) Aircraft operating manual 30. (1) A holder or applicant for an air operator certificate shall submit a proposed aircraft operating manual for each type and variant of aircraft operated, containing the normal, abnormal and emergency procedures relating to the operation of the aircraft for approval by the Authority and provide them after their approval to operations staff and flight crew. (2) An aircraft operating manual shall: 402 Official Gazette nº 21bis of 25/05/2015 (a) (b) (c) be based upon the aircraft manufacturer’s data for the specific aircraft type and variant operated by the air operator certificate holder and shall include specific operating parameters, details of the aircraft systems and of the checklists to be used applicable to the operations of the air operator certificate holder that are approved by the Authority; be designed and utilized so as to observe human factors principles; and be issued to the flight crew members and persons assigned operational control functions to each aircraft operated by the air operator certificate holder. (3) A holder or applicant for an AOC shall submit and maintain an aircraft operating manual containing as a minimum the information specified in the Second Schedule to these Regulations. (4) The operator 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. (5) The manual shall include details of the aircraft systems and of the checklists to be used. (6) The design of the manual shall observe human factors principles 31. (1) An air operator certificate holder shall maintain a journey log containing the aircraft nationality and registration marks; date of the flight; name(s) of crew members; duty assignments of crew members; place of departure; place of arrival; time of departure; time of arrival; hours of flight (duaration); nature of flight (scheduled or non-scheduled); incidents, observations, if any; and signature of the pilot-in-command. following information for each flight: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) The Authority may waive the requirement of sub-regulation (1) if the relevant information is available in the aircraft technical logbook referred to in regulation 24 of the Civil Aviation (Operation of Aircraft) Regulations. (2) (3) An air operator certificate holder shall ensure that all entries in the journey log are made concurrently and are permanent in nature. (4) The pilot-in-command shall be responsible for the journey log book or the general declaration containing the information listed in sub-paragraph 1 above. Air operator certificate holder’s journey log Designation of pilot-in- command 32. An air operator certificate holder shall, for each commercial air transport operation, designate, in writing, one pilot as the pilot-in-command. Required cabin crew members 33. (1) An air operator certificate holder shall schedule, and the pilot-in-command shall ensure that the minimum number of required cabin crew members is on board passenger-carrying flights. (2) The number of cabin crew members may not be less than the minimum prescribed by the Authority in the air operator certificate holders’ operations 403 Official Gazette nº 21bis of 25/05/2015 provisions or the following, whichever is greater: (a) in the case of an aircraft with a total seating capacity of twenty to fifty passengers, one cabin crew member; in the case of an aircraft with a total seating capacity of not more than two hundred, the number of cabin crew members carried on such flight shall be not less than one cabin crew member for every fifty, or a fraction of fifty passengers carried; (b) (c) in the case of an aircraft with a total seating capacity of more than two hundred, the number of cabin crew members carried on such flights shall be not less than half the number of the main exits in the aircraft, and in addition, when more than two hundred passengers are carried, one additional cabin crew member for every twenty-five, or a fraction of twenty-five, of such passengers above two hundred. (3) Where the number of cabin crew members specified in sub-regulation (2), calculated in accordance with that sub-regulation exceeds the number of main exits in the aircraft, it shall be sufficient compliance with this regulation if the number of cabin crew members carried is equal to the number of main exits in the aircraft. (4) Where passengers are on board a parked aircraft, the minimum number of cabin crew members shall be half of the number required for the flight operation, but in any case a minimum of one cabin crew member or another person qualified in the emergency evacuation procedures for the aircraft. (5) Where one-half of the cabin crew members specified in sub-regulation (1) would result in a fractional number, the tally of requisite cabin crew members may be rounded down to the next whole number. (6) Notwithstanding the preceding provisions of this regulation the Authority may give a direction to an air operator certificate holder requiring him to include among the crew thereof, whenever the aircraft is flying for the purpose of commercial air transport operations, at least one cabin crew notwithstanding that the aircraft may be carrying fewer than twenty passengers. Carriage of special situation passengers 34. An air operator certificate holder shall not allow the transportation of special situation passengers, except- (a) as otherwise provided in the air operator certificate holder’s operations manual procedures; and (b) with the knowledge and concurrence of the pilot-in-command. Cockpit check procedure 35. The checklists provided in accordance with aircraft equipment, instruments and (1) flight documents shall be used by flight crews prior to, during and after all phases of operations, and in emergency, to ensure compliance with the operating procedures contained in the aircraft operating manual and the aeroplane flight manual or other documents associated with the certificate of airworthiness and otherwise in the operations manual, are followed. The design and utilization of checklists shall observe Human Factors principles. 36 Minimum equipment list and configuration deviation list (1) An air operator certificate holder shall provide for the use of the flight crew members, maintenance personnel, and persons assigned operational control functions during the performance of their duties, minimum equipment list (MEL) approved by the Authority. (2) The MEL shall be specific to the aircraft type and variant and shall contain the 404 Official Gazette nº 21bis of 25/05/2015 circumstances, limitations and procedures for release or continuance of flight of the aircraft with inoperative components, equipment or instruments. (3) An air operator certificate holder may provide for the use of flight crew, maintenance personnel and persons assigned operational control functions during the performance of their duties a configuration deviation list (CDL) specific to the aircraft type if one is provided and approved by the State of design. (4) An air operator certificate holder’s Operations Manual shall contain those procedures acceptable to the Authority for operations in accordance with the CDL requirements (5)An air operator certificate holder shall include in the Operations manual a minimum equipment list (MEL), approved by the Authority, 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; (6) Where the State of operator is not the State of registry, the State of the operator shall ensure that the minimum equipment list (MEL) does not affect the aeroplane’s compliance with the airworthiness requirements applicable in the State of registry; (1) An air operator certificate holder shall provide for the use of the flight crew members and persons assigned operational control functions during the performance of their duties, a performance planning manual acceptable to the Authority. (2) The performance planning manual shall be specific to the aircraft type and variant and shall contain adequate performance information to accurately calculate the performance in all normal phases of flight operation. (1) An air operator certificate holder shall have a system approved by the Authority, for obtaining, maintaining and distributing to appropriate personnel current performance data for each aircraft, route and airport that the air operator certificate holder uses. (2) The system specified in sub-regulation (1) approved by the Authority shall provide current obstacle data for departure and arrival performance calculations, which shall enable the air operator certificate holder, who shall take account of charting accuracy, to comply with regulation 150 of the Civil Aviation (Operation of Aircraft) Regulations. Performance planning manual 37. Performance data control system 38. Aircraft loading and handling manual 39. (1) An air operator certificate holder shall provide for the use of the flight crew members, ground handling personnel and persons assigned operational control functions during the performance of their duties, an aircraft handling and loading manual acceptable to the Authority. (2) The loading manual shall be specific to the aircraft type and variant which contains the procedures and limitations for servicing and loading of the aircraft. Mass and balance data control system 40. An air operator certificate holder shall have a system, approved by the Authority for obtaining, maintaining and distributing to appropriate personnel current information regarding the mass and balance of each aircraft operated by that air operator certificate holder. Cabin crew member 41. (1) An air operator certificate holder shall issue to the cabin crew member for use during the performance of their duties, a cabin crew member manual acceptable 405 Official Gazette nº 21bis of 25/05/2015 manual to the Authority. (2) The cabin crew member manual shall contain the operational policies and procedures applicable to cabin crew member and the carriage of passengers. (3) An air operator certificate holder shall issue to the cabin crew member a manual specific to the aircraft type and variant, containing the information set out in the Fifth Schedule to these Regulations, as well as details of normal, abnormal and emergency procedures and the location and operation of emergency equipment. (4) The manuals specified in sub-regulation (3) may be combined into one manual for use by the cabin crew member. Passenger briefing cards 42. (1) An air operator certificate holder shall carry on each passenger-carrying aircraft, in convenient locations for the use of each passenger, printed briefing cards supplementing the oral briefing and containing: (a) (b) (c) diagrams and methods of operating the emergency exits; other instructions necessary for use of the emergency equipment; and information regarding the restrictions and requirements associated with sitting in an exit seat row. (2) An air operator certificate holder shall ensure that each card contains information that is pertinent only to the type and variant of aircraft used for that flight. (3) An air operator certificate holder shall, at each exit seat, provide passenger information cards that include the following information in English and French languages: (a) functions required of a passenger in the event of an emergency in which a crew member is not available to assist- (i) locate the emergency exit; (ii) recognise the emergency exit opening mechanism; (iii) comprehend the instructions for operating the emergency exit; (iv) operate the emergency exit; (v) assess whether opening the emergency exit will increase the hazards to which passengers may be exposed; (vi) follow oral directions and hand signals given by a crew member; (vii) stow or secure the emergency exit door so that it will not impede use of the exit; (viii) assess the condition of an escape slide, activate the slide, and stabilise the slide after deployment to assist others in getting off the slide; (ix) pass expeditiously through the emergency exit; and (x) assess, select, and follow a safe path away from the emergency exit; (b) a requirement that a passenger identify themselves to allow reseating if that passenger- (i) cannot perform the emergency functions stated in the information card; (ii) has a condition that will prevent that passenger from performing the functions; (iii) may suffer bodily harm as the result of performing one or more of those functions; (iv) does not wish to perform those functions; or (v) lacks the ability to read, speak, or understand the language or the graphic form in which instructions are provided by the air operator certificate holder; 406 Official Gazette nº 21bis of 25/05/2015 (c) a statement that whenever a crew member identifies a passenger who does not meet the requirements specified in sub-paragraph (b) above, the crew member shall reseat the passenger. Aeronautical data control system 43. (1) An air operator certificate holder shall have a system approved by the Authority for obtaining, maintaining and distributing to appropriate personnel current aeronautical data for each route and airport used. (2) An air operator certificate holder shall provide the following aeronautical data for facilities; each airport used: airports- (a) (i) (ii) navigational and communications aids; (iii) construction affecting take-off, landing, or ground operations; and (iv) air traffic service facilities; runways, clearways, and stopways- (i) dimensions; (ii) surface; (iii) marking and lighting systems; and (iv) elevation and gradient; (b) (c) displaced thresholds- (i) location; (ii) dimensions; and (iii) take-off or landing or both; (d) obstacles- (i) (ii) controlling obstacles; (e) instrument flight procedures- those affecting takeoff and landing performance computations; and (i) departure procedure; (ii) approach procedure; and (iii) missed approach procedure; (f) special information- (i) (ii) runway visual range measurement equipment; and prevailing winds under low visibility conditions. Route guide and aeronautical charts 44. (1) An air operator certificate holder shall provide for the use of the flight crew members and persons assigned operational control function during the performance of their duties, a route guide and aeronautical charts approved by the Authority. (2) The route guide and aeronautical charts shall be current and appropriate for the proposed types and areas of operations to be conducted by the air operator certificate holder. Weather reporting sources 45. (1) An air operator certificate holder shall use sources approved by the Authority for the weather reports and forecasts used for decisions regarding flight preparation, routing and terminal operations. (2) Where an air operator certificate holder carries out passenger carrying operations on a published schedule, the air operator certificate holder shall have an approved system for obtaining forecasts and reports of adverse weather phenomena that may affect safety of flight on each route to be flown and airport to be used. (3) An air operator certificate holder may use the following sources of weather reports for flight planning or controlling flight movement: 407 Official Gazette nº 21bis of 25/05/2015 (a) a Rwanda -operated automated surface observation stations, so long as the station reports all required items for a complete surface aviation weather report; observations made by aerodrome control towers; (b) a Rwanda-operated supplemental aviation weather reporting station; (c) (d) a Rwanda-contracted weather observatory;. (e) any active meteorological office operated by a foreign State which subscribes to the standards and practices contained in the Chicago convention and the annexes thereunder; for flight operations which use military airports as departure, destination, alternate or diversion airports, any military weather reporting sources approved by the Authority; near-real time reports such as pilot reports, radar reports, radar summary charts, and satellite imagery reports made by commercial weather sources or other sources specifically approved by the Authority; or an air operator certificate holder operated and maintained weather reporting system approved by the Authority. (f) (g) (h) (i) Rwanda Meteorological Office De-icing and anti-icing programme 46. (1) An air operator certificate holder planning to operate an aircraft in conditions where frost, ice, or snow may reasonably be expected to stick on to the aircraft shall: (a) (b) (c) use only aircraft adequately equipped for such conditions; ensure flight crew is adequately trained for such conditions; and have an approved ground de-icing and anti-icing programme. (2) Contents of the ground de-icing and anti-icing programme shall include a detailed description of: (a) the method used to determine that conditions are such that frost, ice, or snow may reasonably be expected to stick on to the aircraft and that ground de-icing and anti-icing operational procedures shall be effected; the person responsible for deciding that ground de-icing and anti-icing operational procedures shall be effected; the procedures for operational procedures; and the specific duties and responsibilities of each operational position or group responsible for getting the aircraft safely airborne while ground de- icing and anti-icing operational procedures are in effect. implementing ground de-icing and anti-icing (b) (c) (d) (3) The air operator certificate holder’s programme shall include procedures for flight crew members to increase or decrease the determined holdover time in changing conditions. (4) The holdover time shall be supported by data acceptable to the Authority. (5) Where the maximum holdover time is exceeded, take-off shall be prohibited unless at least one of the following conditions exists: (a) a pre-take-off contamination check is conducted outside the aircraft within five minutes prior to beginning take-off to determine that the wings, control surfaces, and other critical surfaces, as defined in the certificate holder's programme, are free of frost, ice or snow; it is otherwise determined by an alternate procedure, approved by the Authority and in accordance with the air operator certificate holder’s approved programme, that the wings, control surfaces, and other critical surfaces are free of frost, ice or snow; or (b) 408 Official Gazette nº 21bis of 25/05/2015 (c) the wings, control surfaces, and other critical surfaces are de-iced again and a new holdover time is determined. (6) A flight to be planned or expected to operate in suspected or known ground icing conditions shall not take off unless the aeroplane has been inspected for icing and, if necessary, has been given appropriate de-icing/anti-icing treatment; accumulation of ice or other naturally occurring contaminants shall be removed so that the aeroplane is kept in an airworthy condition prior to take-off. (1) An air operator certificate holder who conducts scheduled operations shall have an adequate system approved by the Authority for proper dispatching and monitoring of the progress of the scheduled flights. (2) The dispatch and monitoring system shall have enough dispatch centres, adequate for the operations to be conducted, located at points necessary to ensure adequate flight preparation, dispatch and in-flight contact with the scheduled flight operations. (3) Where an air operator certificate holder conducts scheduled operations, the air operator certificate holder shall provide enough qualified operations officers at each dispatch centre to ensure proper operational control of each flight. (1) An air operator certificate holder who conducts charter flight operations shall have a system for providing flight preparation documents and determining the departure and arrival times of its flights at all airports approved by the Authority. (2) The systems specified in sub-regulation (1) shall have a means of communication by private or available public facilities to monitor the departure and arrival at all airports, including flight diversions. (3) An air operator certificate holder shall have an approved flight following system established and adequate for the proper monitoring of each flight, considering the operations to be conducted (4) The centres established by an air operator certificate holder for flight following 47. Flight supervision and monitoring system 48. Flight following system for charter flights operations shall be located at points necessary to ensure: (a) the proper monitoring of the progress of each flight with respect to its departure at the point of origin and arrival at its destination, including intermediate stops and diversions; and that the pilot-in-command is provided with all information necessary for the safety of the flight. (b) (5) An air operator certificate holder conducting charter operations may arrange to have flight following facilities provided by persons other than the air operator certificate holder’s employees, but in such a case the air operator certificate holder continues to be primarily responsible for the operational control of each flight. (6) An air operator certificate holder conducting charter operations using a flight following system shall ensure that the system has adequate facilities and personnel to provide the information necessary for the initiation and safe conduct of each flight to- (a) (b) the flight crew of each aircraft; and the persons designated by the air operator certificate holder to perform the function of operational control of the aircraft. (7) An air operator certificate holder conducting charter operations shall show that the personnel required to perform the function of operational control are able to perform their duties. 409 Official Gazette nº 21bis of 25/05/2015 Communicatio ns facilities 49. (1) An air operator certificate holder’s aircraft shall have two-way radio communications with all air traffic service facilities along the routes and alternate routes to be used. (2) An air operator certificate holder who conducts scheduled operations shall have rapid and reliable radio communications with all flights over his entire route structure under normal operating conditions. Routes and areas of operation En-route navigational facilities 50. (1) An air operator certificate holder may conduct operations only along such routes and within such areas for which: (a) ground facilities and services, provided are adequate for the planned operation; including meteorological services, (b) the performance of the aircraft intended to be used is adequate to comply (c) with minimum flight altitude requirements; the equipment of the aircraft intended to be used meets the minimum requirements for the planned operation; (d) appropriate and current maps and charts are available; (e) where a two-engine aircraft is used, adequate airports are available with (f) the time and distance limitations; and where a single-engine aircraft is used, surfaces are available which permit a safe forced landing to be executed in the event of engine failure. (2) A person shall not conduct commercial air transport operations on any route or area of operation unless the operations are in accordance with any restrictions imposed by the Authority. 51. (1) An air operator certificate holder shall not operate on a proposed route or area that does not have non visual ground aids: (a) (b) available over the route for navigating aircraft within the degree of accuracy required for air traffic control; and located to allow navigation to any regular, provisional, refuelling, or alternate airport, within the degree of accuracy necessary for the operation involved. (2) Non visual ground aids shall not be required for: (a) Visual flight rules (VFR) operations; or (b) operations on route segments where the use of celestial or other specialised means of navigation is approved by the Authority Flight safety documents system and flight safety programme 52. (1) An operator shall establish a flight safety documents system, for the use and guidance of operational personnel, as part of its safety management system referred to in regulation 53. (2) Guidance on the development and organization of a flight safety documents system is provided in the Sixth Schedule to these Regulations. Safety management system 53. (1) An air operator certificate holder operating an aircraft registered in Rwanda flying for the purpose of commercial air transport shall establish and maintain a safety management system that is approved by the Authority. (2) The safety management system referred to in sub-regulation (1) shall: (a) identify actual and potential safety hazards; (b) ensure that remedial action necessary to maintain an acceptable level of 410 Official Gazette nº 21bis of 25/05/2015 safety is implemented; (c) provide for continuous monitoring and regular assessment of the safety level achieved; and (d) aim to make continuous improvement to the overall level of safety. (3) An air operator certificate holder operating an aeroplane registered in Rwanda with a maximum total weight authorized of more than 27,000 kg shall include a flight data monitoring programme as part of its safety management system. (4) A flight data analysis programme shall be non-punitive and contain adequate safeguards to protect the source(s) of the data. (5) A safety management system shall clearly define lines of safety accountability throughout the operator’s organization, including a direct accountability for safety on the part of senior management. (6) The AOC holder shall, as part of certification requirements, submit an SMS a scope of safety management system the safety policy and objectives; safety accountabilities; key safety personnel; documentation control procedures; coordination of emergency response planning; hazards identification and safety risk management schems; safety assurance; safety performance monetary; safety audit; manual to the Authority for approval and shall include: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) management of change; (l) (m) contacted activities. safety promotion; and PART V – AIR OPERATOR CERTIFICATE MAINTENANCE REQUIREMENTS Maintenance responsibility 54. An air operator certificate holder shall comply with the maintenance requirements specified in the Civil Aviation (Operation of Aircraft) Regulations. PART VI – AIR OPERATOR CERTIFICATE SECURITY MANAGEMENT Security requirements 55. An air operator certificate holder shall ensure that all appropriate personnel are familiar and comply with the relevant requirements of the national security programmes of Rwanda, for the protection of aircraft, facilities and personnel from unlawful interference. Security training programmes 56. (1) An air operator certificate holder shall establish and maintain an approved security training programme which ensures crew members act in the most appropriate manner to minimize the consequences of acts of unlawful interference. The security training programme specified in sub-regulation (1) shall, as a minimum, include: (a) (b) determination of the seriousness of any occurrence; crew communication and coordination; (2) 411 57. 58. Reporting acts of unlawful interference Aircraft search procedure checklist Security of the flight crew compartment 59. Official Gazette nº 21bis of 25/05/2015 appropriate self-defense responses; (c) (d) use of non-lethal protective devices assigned to crew members whose use (e) (f) (g) (h) is authorized by the Authority; understanding of behaviour of terrorists so as to facilitate the ability of crew members to cope with hijacker behaviour and passenger responses; live situational training exercises regarding various threat conditions; flight deck procedures to protect the aircraft; and aircraft search procedures and guidance on least-risk bomb locations, including specialized means of attenuating and directing the blast, where practicable. (3) An air operator certificate holder shall also establish and maintain a training programme to acquaint appropriate employees with preventive measures and techniques in relation to passengers, baggage, cargo, mail, equipment, stores and supplies intended for carriage on an aeroplane so that they contribute to the prevention of acts of sabotage or other forms of unlawful interference. Following an act of unlawful interference, the pilot-in-command or, in the pilot-in- command’s absence, the air operator certificate holder shall submit, without delay, a report of such an act to the designated local authority and the Authority. (1) An air operator certificate holder shall ensure that there is on board any of his aircraft, a checklist of the procedures to be followed in searching for a bomb or improvised explosive device (IED) in case of suspected sabotage and for inspecting aircraft for concealed weapons, explosives or other dangerous devices when a well-founded suspicion exists that the aircraft may be the object of an act of unlawful interference. The checklist referred to in sub-regulation (1) shall be supported by guidance on the appropriate course of action to be taken should a bomb, an IED or suspicious object be found and information on the least-risk bomb location specific to the aircraft. (2) (1) Where an aircraft is equipped with a flight crew compartment door, this door shall be capable of being locked, and means shall be provided by which cabin crew members can discreetly notify the flight crew in the event of suspicious activity or security breaches in the cabin. (2) An air operator certificate holder shall ensure that all passengers carrying aircraft of a maximum certificated take-off mass in excess of 45,500 Kg or with a passenger seating capacity greater than sixty shall be equipped with an approved flight crew compartment door that is designed to resist penetration by small arms fire and grenade shrapnel, to resist forcible intrusions by unauthorized persons, and be capable of being locked and unlocked from either pilot’s station. (3) Where an aircraft is equipped with a flight crew compartment door in accordance with sub-regulation (2): (a) the door shall be closed and locked from the time all external doors are closed following embarkation until any such door is opened for disembarkation, except when necessary to permit access and egress by authorized persons; and (b) means shall be provided for monitoring from the cockpit the entire door area outside the flight crew compartment to identify persons requesting entry and to detect suspicious behaviour or potential threat. (c) The pilot-in-command shall be responsible for the security of the aircraft 412 Official Gazette nº 21bis of 25/05/2015 during its operation PART VII – AIR OPERATOR CERTIFICATE DANGEROUS GOODS MANAGEMENT 60. Approval to transport dangerous goods Compliance with Technical Instructions 61. (1) An air operator certificate holder shall not transport dangerous goods unless approved to do so by the Authority and in compliance with the requirements of regulation 61. (2) In this Part, “Technical Instructions” means the latest effective edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air, as amended by any supplement and any addendum, approved and published by decision of the Council of the International Civil Aviation Organization. (1) An air operator certificate holder shall comply with the provisions contained in the Technical Instructions on all occasions when dangerous goods are carried, irrespective of whether the flight is wholly or partly within or wholly outside Rwanda. (2) Where dangerous goods are to be transported outside Rwanda, the air operator certificate holder shall review and comply with the appropriate variations notified by Contracting States contained in Attachment 3 to the Technical Instructions. (3) Articles and substances which would otherwise be classified as dangerous goods are excluded from the provisions of this Part, to the extent specified in the Technical Instructions, provided they are: (a) (b) (c) required to be on board the aircraft for operating reasons; carried as catering or cabin service supplies; carried for use in flight as veterinary aid or as a humane killer for an animal; or carried for use in flight for medical aid for a patient, provided that:- (i) gas cylinders have been manufactured specifically for the purpose (d) of containing and transporting that particular gas; (ii) drugs, medicines and other medical matter are under the control of trained personnel during the time when they are in use in the aircraft; (iii) equipment containing wet cell batteries is kept and, when necessary, secured in an upright position to prevent spillage of the electrolyte; and (iv) proper provision is made to stow and secure all the equipment during take-off and landing and at all other times when deemed necessary by the pilot-in-command in the interests of safety; or they are carried by passengers or crew members. (v) (4) Articles and substances intended as replacements for those specified in sub- regulation (3)(a) may be transported on an aircraft as specified in the Technical Instructions. 62. Limitations on the transport of dangerous goods (1) An air operator certificate holder shall take reasonable measures to ensure that articles and substances that are specifically identified by name or generic description in the Technical Instructions as being forbidden for transport under any circumstances are not carried on any aircraft. (2) An air operator certificate holder shall take reasonable measures to ensure that articles and substances or other goods that are identified in the Technical 413 Official Gazette nº 21bis of 25/05/2015 Instructions as being forbidden for transport in normal circumstances are transported only when: (a) they are exempted by the Contracting States concerned under the provisions of the Technical Instructions; or the Technical Instructions indicate they may be transported under an approval issued by the State of origin of the goods. (b) 63. 64. 65 66. Classification of dangerous goods Packing Labelling and marking Dangerous goods transport document Acceptance of dangerous goods 67. An air operator certificate holder shall take all reasonable measures to ensure that articles and substances are classified as dangerous goods as specified in the Technical Instructions. An air operator certificate holder shall take all reasonable measures to ensure that dangerous goods are packed as specified in the Technical Instructions. (1) An air operator certificate holder shall take reasonable measures to ensure that packages, overpacks and freight containers are labelled and marked as specified in the Technical Instructions. (2) Where dangerous goods are carried on a flight which takes place wholly or partly outside Rwanda, the air operator certificate holder shall ensure that labelling and marking are in the English and French languages. (1) Except where otherwise specified in the Technical Instructions, an air operator certificate holder shall ensure that, dangerous goods are accompanied by a dangerous goods transport document. (2) Where dangerous goods are carried on a flight which takes place wholly or partly outside Rwanda, an air operator certificate holder shall ensure that the English and French languages are used for the dangerous goods transport document. (1) An air operator certificate holder shall not accept dangerous goods for transport unless the package, overpack or freight container has been inspected in accordance with the acceptance procedures as stipulated in the Technical Instructions. (2) An air operator certificate holder or his handling agent shall use an acceptance check list which shall: (a) allow for all relevant details to be checked; and (b) be in such form as may allow for the recording of the results of the acceptance check by manual, mechanical or computerised means. Inspection for damage, leakage or contamination 68. An air operator certificate holder shall ensure that: (a) (b) (c) (d) packages, overpacks and freight containers are inspected for evidence of leakage or damage immediately prior to loading on an aircraft or into a unit load device, as specified in the Technical Instructions; a unit load device is not loaded on an aircraft unless it has been inspected as required by the Technical Instructions and found free from any evidence of leakage from, or damage to, the dangerous goods contained therein; leaking or damaged packages, overpacks or freight containers are not loaded on an aircraft; any package of dangerous goods found on an aircraft and which appears to be damaged or leaking is removed or arrangements made for its removal by an appropriate authority or organization; 414 Removal of contamination Loading restrictions Provision of information Official Gazette nº 21bis of 25/05/2015 (e) (f) after removal of any leaking or damaged goods, the remainder of the consignment is inspected to ensure it is in a proper condition for transport and that no damage or contamination has occurred to the aircraft or its load; and packages, overpacks and freight containers are inspected for signs of damage or leakage upon unloading from an aircraft or from a unit load device and, if there is evidence of damage or leakage, the area where the dangerous goods were stowed shall be inspected for damage or contamination. 69. An air operator certificate holder shall ensure that: (a) (b) any contamination found as a result of the leakage or damage of dangerous goods is removed without delay; and an aircraft which has been contaminated by radioactive materials is immediately taken out of service and not returned until the radiation level at any accessible surface and the non-fixed contamination are not more than the values specified in the Technical Instructions. 70. An air operator certificate holder shall ensure that: (a) (b) (c) dangerous goods are not carried in an aircraft cabin occupied by passengers or in the cockpit, unless otherwise specified in the Technical Instructions; dangerous goods are loaded, segregated, stowed and secured on an aircraft as specified in the Technical Instructions; and packages of dangerous goods bearing the “Cargo Aircraft Only” label are carried on cargo aircraft and loaded as specified in the Technical Instructions. 71. (1) An air operator certificate holder shall ensure that: (a) information is provided to enable ground staff to carry out their duties with regard to the transport of dangerous goods, including the actions to be taken in the event of incidents and accidents involving dangerous goods; and (b) where applicable, the information referred to in sub-paragraph (a) is also provided to the handling agent. (2) An air operator certificate holder shall ensure that information is promulgated as required by the Technical Instructions so that passengers are warned as to the types of goods which they are forbidden from transporting on board an aircraft and, where applicable, the handling agent shall ensure that notices are provided at acceptance points for cargo giving information about the transport of dangerous goods. (3) An air operator certificate holder shall ensure that information is provided in the operations manual to enable crew members to carry out their responsibilities in regard to the transport of dangerous goods, including the actions to be taken in the event of emergencies involving dangerous goods. (4) An air operator certificate holder shall ensure that the pilot-in-command is provided with written information on dangerous goods carried on board the aircraft in the manner and form specified in the Technical Instructions. (5) An air operator certificate holder that is involved in an aircraft incident or accident shall: (a) as soon as possible, inform the Authority and the appropriate authority of 415 Official Gazette nº 21bis of 25/05/2015 the State in which the aircraft incident or accident occurred of any dangerous goods carried; and on request by the Authority, provide any information required to minimise the hazards created by any dangerous goods carried. (b) Training programmes 72. (1) An air operator certificate holder shall establish, maintain, and have approved by the Authority, staff training programmes, as required by the Technical Instructions. (2) An air operator certificate holder not holding a permanent approval to carry dangerous goods shall ensure that: (a) staff who are engaged in general cargo handling have received training to carry out their duties in respect of dangerous goods which covers as a minimum, the areas identified in Column 1 of Table 1 to a depth sufficient to ensure that an awareness is gained of the hazards associated with dangerous goods, how to identify such goods and what requests apply to the carriage of such goods by passengers; and crew members, passenger handling staff, and security staff used by an air operator certificate holder to deal with the screening of passengers and their baggage, have received training which covers as a minimum, the areas identified in Column 2 of Table 1 to a depth sufficient to ensure that an awareness is gained of the hazards associated with dangerous goods, how to identify them and what requirements apply to the carriage of such goods by passengers. (b) TABLE 1 Areas of Training General philosophy Limitations on dangerous goods in air transport Package marking and labelling Dangerous goods in passengers baggage Emergency procedures Column 1 X Column 2 X X X X X X X X Note: 'X' indicates an area to be covered. (3) An air operator certificate holder holding a permanent approval to carry dangerous goods shall ensure that: (a) (b) staff who are engaged in the acceptance of dangerous goods have received training and are qualified to carry out their duties which covers as a minimum, the areas identified in Column 1 of Table 2 to a depth sufficient to ensure the staff can take decisions on the acceptance or refusal of dangerous goods offered for carriage by air; staff who are engaged in ground handling, storage and loading of dangerous goods have received training to enable them to carry out their duties in respect of dangerous goods which covers as a minimum, the areas identified in Column 2 of Table 2 to a depth sufficient to ensure that an awareness is gained of the hazards associated with dangerous goods, how to identify such goods and how to handle and load them; (c) staff who are engaged in general cargo handling have received training to enable them to carry out their duties in respect of dangerous goods which 416 Official Gazette nº 21bis of 25/05/2015 (d) (e) covers as a minimum, the areas identified in Column 3 of Table 2 to a depth sufficient to ensure that an awareness is gained of the hazards associated with dangerous goods, how to identify such goods and how to handle and load them; flight crew members have received training which covers as a minimum, the areas identified in Column 4 of Table 2 to a depth sufficient to ensure that an awareness is gained of the hazards associated with dangerous goods and how they should be carried on an aircraft; passenger handling staff and security staff used by the operator who deal with the screening of passengers and their baggage and crew members, other than flight crew members, have received training which covers as a minimum, the areas identified in Column 5 of Table 2 to a depth sufficient to ensure that an awareness is gained of the hazards associated with dangerous goods and the requirements that apply to the carriage of such goods by passengers or, more generally, their carriage on an aircraft. (4) An air operator certificate holder shall ensure that: (a) (b) (c) all staff who require dangerous goods training receive recurrent training at intervals of not longer than two years; the records of dangerous goods training are maintained for all staff trained in accordance with the provisions of this regulation; and his handling agent’s staff are trained in accordance with the applicable column of Table 1 or Table 2. Table 2 Areas Of Training General philosophy Limitations on dangerous goods in the air transport Classification and list of dangerous goods General packing requirements and packing instructions Packaging specifications marking Package marking and labelling Documentation from the shipper Acceptance of dangerous goods, including the use of a checklist Loading, restrictions on loading and segregation Inspections for damage or leakage and decontamination procedures Provision of information to the pilot-in-command Dangerous goods in passengers’ baggage Emergency procedures Note: “X” indicates an area to be covered Column 1 X X X X X X X X X X X X X Column 2 Column 3 Column 4 Column 5 X X X X X X X X X X X X X X X X X X X X X X X X X 417 Dangerous 73. An air operator certificate holder shall report to the Authority: Official Gazette nº 21bis of 25/05/2015 goods incident and accident reports (a) (b) dangerous goods incidents and accidents; and undeclared or misdeclared dangerous goods discovered in the cargo or passenger baggage within seventy two hours of the incident, accident or discovery unless exceptional circumstances prevent such reporting within the time stipulated. FIRST SCHEDULE REGULATION 6 AIR OPERATOR CERTIFICATE (AOC) TEMPLATE AIR OPERATOR CERTIFICATE REPUBLIC OF RWNDA RWANDA CIVIL AVIATION AUTHORITY AOC #1: Expiry date2: OPERATOR NAME3 OPERATIONAL POINTS OF CONTACT7 Dba trading name4: Operator address5: Telephone6: Fax: E-mail: Contact details, at which operational management can be contacted without undue delay, are listed in ___________________8. This certificate certifies that _______________________9 is authorized to perform commercial air operations, as defined in the attached operations specifications, in accordance with the operations manual and the _______________________10 . Date of issue11: Notes.— Name and signature12: Title: 1. Unique AOC number, as issued by the State of the Operator. 2. Date after which the AOC ceases to be valid (dd-mm-yyyy). 3. Replace by the operator’s registered name. 4. Operator’s trading name, if different. Insert “dba” before the trading name (for “doing business as”). 5. Operator’s principal place of business address. 6. Operator’s principal place of business telephone and fax details, including the country code. E-mail to be provided if available. 7. The contact details include the telephone and fax numbers, including the country code, and the e-mail address (if available) at which operational management can be contacted without undue delay for issues related to flight operations, airworthiness, flight and cabin crew competency, dangerous goods and other matters as appropriate. 418 Official Gazette nº 21bis of 25/05/2015 8. Insert the controlled document, carried on board, in which the contact details are listed, with the appropriate paragraph or page reference, e.g.:“Contact details are listed in the operations manual, Gen/Basic, Chapter 1, 1.1” or “… are listed in the operations specifications, page 1” or “… are listed in an attachment to this document”. 9. Operator’s registered name. 10. 13Insertion of reference to the appropriate civil aviation regulations. 11. Issuance date of the AOC (dd-mm-yyyy). 12. Title, name and signature of the authority representative. In addition, an official stamp may be applied on the AOC 419 Official Gazette nº 21bis of 25/05/2015 SECOND SCHEDULE REGULATION 6 OPERATIONS SPECIFICATIONS TEMPLATE OPERATIONS SPECIFICATIONS (subject to the approved conditions in the operations manual) RWANDA CIVIL AVIATION AUTHORITY CONTACT DETAILS1 Telephone: ______________________ Fax: ______________________ E-mail: _______________________ AOC#2: _______Operator name3: ________________________________ Date4: __________________ Signature: ________________________ Dba trading name: ___________________ Aircraft model5: Types of operation: Commercial air transportation Passengers Cargo Other6: ___________________ Area(s) of operation7: Special limitations8: SPECIAL AUTHORIZATIONS YES NO SPECIFIC APPROVALS9 REMARKS Dangerous goods Low visibility operations Approach and landing Take-off Operational Credit (s) RVSM13 N/A ETDO14 N/A Navigation specifications for PBN operations16 Continuing airworthiness EFB Other20 Notes.— CAT10: ___RVR: ____m DH: ___ ft RVR11: _____ m 12 Threshold14: _____ minutes Maximum diversion time15:___ minutes 17 18 19 1. Telephone and fax contact details of the authority, including the country code. E-mail to be provided if available. 2. Insert the associated AOC number. 420 Official Gazette nº 21bis of 25/05/2015 3. Insert the operator’s registered name and the operator’s trading name, if different. Insert “dba” before the trading name (for “doing business as”). 4. 5. Issuance date of the operations specifications (dd-mm-yyyy) and signature of the authority representative. Insert the Commercial Aviation Safety Team (CAST)/ICAO designation of the aircraft make, model and series, or master series, if a series has been designated (e.g. Boeing-737-3K2 or Boeing-777-232). The CAST/ICAO taxonomy is available at: http://www.intlaviationstandards.org/. 6. Other type of transportation to be specified (e.g. emergency medical service). 7. List the geographical area(s) of authorized operation (by geographical coordinates or specific routes, flight information region or national or regional boundaries). 8. List the applicable special limitations (e.g. VFR only, day only). 9. List in this column the most permissive criteria for each approval or the approval type (with appropriate criteria). 10. Insert the applicable approach operation classified as Type B (CAT I, II, IIIA, IIIB or IIIC). Insert the minimum RVR in metres and decision height in feet. One line is used per listed approach category. 11. Insert the approved minimum take-off RVR in metres. One line per approval may be used if different approvals are granted. 12. List the airborne capabilities (i.e. automatic landing, HUD, EVS, SVS, CVS) and associated operational credit(s) granted. 13. “Not applicable (N/A)” box may be checked only if the aircraft maximum ceiling is below FL 290. 14. Extended range operations (ETOPS) currently applies only to twin-engined aircraft. Therefore the “Not applicable (N/A)” box may be checked if the aircraft model has more than 2 engines. Should the concept be extended to 3 or 4-engined aircraft in the future, the “Yes” or “No” checkbox will be required to be checked. 15. The threshold distance may also be listed (in NM), as well as the engine type. 16. Performance-based navigation (PBN): one line is used for each PBN specification authorization (e.g. RNAV 10, RNAV 1, RNP 4), with appropriate limitations or conditions listed in the “Specific Approvals” and/or “Remarks” columns. 17. Limitations, conditions and regulatory basis for operational approval associated with the performance-based navigation specifications (e.g. GNSS, DME/DME/IRU). Information on performance-based navigation, and guidance concerning the implementation and operational approval process, are contained in the Performance-based Navigation Manual (Doc 9613). 18. Insert the name of the person/organization responsible for ensuring that the continuing airworthiness of the aircraft is maintained and the regulation that requires the work, i.e. within the AOC regulation or a specific approval (e.g. EC2042/2003, Part M, Subpart G). 19. List the EFB functions with any applicable limitations. 20. Other authorizations or data can be entered here, using one line (or one multi-line block) per authorization (e.g. special approach authorization, MNPS, approved navigation performance). 421 Official Gazette nº 21bis of 25/05/2015 THIRD SCHEDULE REGULATION 28 ORGANISATION AND CONTENTS OF THE OPERATIONS MANUAL 1. Organization An operations manual, which may be issued in separate parts corresponding to specific aspects of operations should be organized with the following structure: a. General; b. Aircraft operating information; c. Routes and aerodromes; and d. Training. 2. Contents The operations manual referred to in 1.1 and 1.2 should contain at the least the following: 2.1 General 2.1.1 Instructions outlining the responsibilities of operations personnel pertaining to the conduct of flight operations. 2.1.2 Information and policy relating to fatigue management including: (a) rules limiting the flight time and flight duty periods and providing for adequate rest periods for flight crew members and cabin crew; and (b) policy and documentation pertaining to the operator’s FRMS in accordance with Appendix 7. 2.1.3 A list of the navigation equipment to be carried, including any requirements relating to operations where performance-based navigation is prescribed. 2.1.4 Where relevant to the operations, the long-range navigation procedures, engine failure procedure for EDTO and the nomination and utilization of diversion aerodromes. 2.1.5 The circumstances in which a radio listening watch is to be maintained. 2.1.6 The method for determining minimum flight altitudes. 2.1.7 The methods for determining heliport operating minima. 2.1.8 Safety precautions during refuelling with passengers on board. 2.1.9 Ground handling arrangements and procedures. 2.1.10 Procedures, for pilots-in-command observing an accident. 2.1.11 The flight crew for each type of operation including the designation of the succession of command. 422 Official Gazette nº 21bis of 25/05/2015 2.1.12 Specific instructions for the computation of the quantities of fuel and oil to be carried, having regard to all circumstances of the operation including the possibility of loss of pressurization and the failure of one or more engines while enroute. 2.1.13 The conditions under which oxygen shall be used and the amount of oxygen determined. 2.1.14 Instructions for mass and balance control. 2.1.15 Instructions for the conduct and control of ground de-icing/anti-icing operations. 2.1.16 The specifications for the operational flight plan. 2.1.17 Standard operating procedures (SOP) for each phase of flight. 2.1.18 Instructions on the use of normal checklists and the timing of their use. 2.1.19 Departure contingency procedures. 2.1.20 Instructions on the maintenance of altitude awareness and the use of automated or flight crew altitude call-out. 2.1.21 Instructions on the use of autopilots and auto-throttles in IMC. 2.1.22 Instructions on the clarification and acceptance of ATC clearances, particularly where terrain clearance is involved. 2.1.23 Departure and approach briefings. 2.1.24 Procedures for familiarization with areas, routes and aerodromes.. 2.1.25 Stabilized approach procedure. 2.1.26 Limitation on high rates of descent near the surface. 2.1.27 Conditions required to commence or to continue an instrument approach. 2.1.28 Instructions for the conduct of precision and non-precision instrument approach procedures. 2.1.29 Allocation of flight crew duties and procedures for the management of crew workload during night and IMC instrument approach and landing operations. 2.1.30 Instructions and training requirements for the avoidance of controlled flight into terrain and policy for the use of the ground proximity warning system (GPWS). 2.1.31 Policy, instructions, procedures and training requirements for the avoidance of collisions and the use of the airborne collision avoidance system (ACAS). 2.1.32 Information and instructions relating to the interception of civil aircraft including: a) procedures, as prescribed in Civil Aviation (Rules of Air and Air Traffic Control Regulations, for pilots-in- command of intercepted aircraft; and 423 Official Gazette nº 21bis of 25/05/2015 b) visual signals for use by intercepting and intercepted aircraft as contained in Civil Aviation (Rules of Air and Air Traffic Control Regulations . 2.1.33 For aeroplanes intended to be operated above 15 000 m (49 000 ft): a) information which will enable the pilot to determine the best course of action to take in the event of exposure to solar cosmic radiation; and b) procedures in the event that a decision to descend is taken, covering: 1) the necessity of giving the appropriate ATS unit prior warning of the situation and of obtaining a provisional descent clearance; and 2) the action to be taken in the event that communication with the ATS unit cannot be established or is interrupted. 2.1.34 Details of the safety management system (SMS). 2.1.35 Information and instructions on the carriage of dangerous goods, including action to be taken in the event of an emergency. 2.1.36 Security instructions and guidance. 2.1.37 The search procedure checklist. 2.1.38 Instructions and training requirements for the use of head-up displays (HUD) or enhanced vision systems (EVS) equipment as applicable. 2.1.39 Instructions and training requirements for the use of the EFB, as applicable 2.2 Aircraft operating information 2.2.1 Certification limitations and operating limitations. 2.2.2 The normal, abnormal and emergency procedures to be used by the flight crew and the checklists relating thereto. 2.2.3 Flight planning data for pre-flight and in-flight planning with different thrust/power and speed settings. 2.2.4 Instructions and data for mass and balance calculations. 2.2.5 Instructions for aircraft loading and securing of load. 2.2.6 Aircraft systems, associated controls and instructions for their use. 2.2.7 The minimum equipment list for the helicopter types operated and specific operations authorized, including any requirements relating to operations where performance-based navigation is prescribed. 2.2.8 Checklist of emergency and safety equipment and instructions for its use. 424 Official Gazette nº 21bis of 25/05/2015 2.2.9 Emergency evacuation procedures, including type-specific procedures, crew coordination, assignment of crew’s emergency positions and the emergency duties assigned to each crew member. 2.2.10 The normal, abnormal and emergency procedures to be used by the cabin crew, the checklists relating thereto and aircraft systems information as required, including a statement related to the necessary procedures for the coordination between flight and cabin crew. 2.2.11 Survival and emergency equipment for different routes and the necessary procedures to verify its normal functioning before take-off, including procedures to determine the required amount of oxygen and the quantity available. 2.2.12 The ground-air visual signal code for use by survivors, as contained in Annex 12. 2.3 Routes, aerodromes and heliports 2.3.1 A route guide to ensure that the flight crew will have, for each flight, information relating to communication facilities, navigation aids, aerodromes, instrument approaches, instrument arrivals and instrument departures as applicable for the operation, and such other information as the operator may deem necessary for the proper conduct of flight operations. 2.3.2 The minimum flight altitudes for each route to be flown. 2.3.3 Heliport operating minima for each of the heliports that are likely to be used as heliports of intended landing or as alternate heliports. 2.3.4 The increase of heliport operating minima in case of degradation of approach or heliport facilities. 2.3.5 Instructions for the use of aerodrome operating minima for instrument approaches applicable to the use of HUD and EVS. 2.4 Training 2.4.1 Details of the flight crew training programme and requirements. 2.4.2 Details of the cabin crew duties training programme. 2.4.3 Details of the flight operations officer/flight dispatcher training programme when employed in conjunction with a method of flight supervision. 425 Official Gazette nº 21bis of 25/05/2015 FOURTH SCHEDULE REGULATION 41 CONTENTS OF CABIN CREW MEMBER MANUAL The Cabin Crew Member Manual outlines policies and procedures to be used by Cabin Crew in planning and executing safe and efficient flights and is meant to supplement existing operations manuals. Manual Outline Section 1 – SAFETY PROCEDURES 1.0 Introduction Company Policy   Air operator procedures - carriage of Inspectors  Authority of Inspectors 1.1 Crew Member Responsibility - to follow and enforce company policies/procedures and regulatory requirements. 1.2 Flight Attendant Responsibility - to communicate any on board safety concerns they may have or that may be communicated to them by a passenger to the Captain. 1.3 Flight Attendant Manual  Revision procedures  Air operator procedures re: accessibility  Responsibility to update personal copy(s) of manual(s) 1.4 Flight Attendant Consumption of Alcohol/Medication/Drugs - air operator policy 1.5 Flight Deck  Authority of the pilot in command  Chain of command while on duty  Safe communication practices with the flight deck 1A.6 Admittance to the Flight Deck  Pilot in command's authority for admittance to the flight deck  Policies and procedures regarding admittance to flight deck and occupancy of flight deck seats 1.7 Sterile Flight Deck  Definition  Phases of flight  Emergency communication during these periods 1.8 Flight Deck Service  Safety guidelines  Procedures re: crew meals 1.9 Security Pass  Transport Canada issued security pass - policies/procedures regarding use/wearing of the card  Procedures - lost security pass 1.10 Crew Complement  Minimum cabin crew - each aircraft type 426 Official Gazette nº 21bis of 25/05/2015  Crew position assignment priorities, each aircraft type  Operations Specification - "Exceptional Circumstances" 1.11 Crew Pre-Flight Safety Briefings  Procedures re: - when and by whom to be conducted - content and format 1A.12 Pre-Flight Serviceability Checks of Safety and Emergency Equipment  When checks are completed - change of crew - change of aircraft - continuous duty periods with crew rest between operations  How/who to perform checks - associated paperwork/checklists  What to do if equipment is: - unserviceable - missing - replaced 1.13 Special Needs Passengers  Definition and description of passengers deemed "Special Needs Passengers"  Restrictions in numbers to be carried - each aircraft type  Seating restrictions  Procedures re: special briefing prior to departure to meet the particular requirements of each individual special needs passenger - include content and methodology  Seat back recline procedures  Carriage of: stretcher(s), incubator(s) - procedures 1.14 Passenger Safety Announcements  Pre-flight passenger safety announcement and demonstration - identify the requirement for, prior to departure - identify the content of, including but not limited to: ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ carry-on baggage regulations use of seatbelts; fastening, releasing, tightening seatbacks and tray table positioning location of emergency exits and exit locator signs seatbelt and no smoking signs oxygen mask locations, donning and operation life preserver location, removal from stowage, donning and operation location, operation, instructions for other floatation equipment emergency lighting/floor proximity lighting system passengers advised that they may draw any concerns to the attention of a cabin crew member passenger operated electronic devices safety features card    Identify the content of the after-take-off briefing including but not limited to: - smoking regulations - recommended use of seatbelt in-flight Identify the requirement for and the content of briefings regarding turbulence - directing use of seatbelts - stowing carry-on baggage Identify the content of the pre-landing briefing including but not limited to: 427 Official Gazette nº 21bis of 25/05/2015  - carry-on baggage stowage - fastening of seatbelts - seatbacks and tray table positioning - location of exits on flights scheduled four hours or more Identify the content of the after-landing briefing including but not limited to: - remaining seated with seatbelts fastened - carry-on baggage requirements - smoking restrictions - safe movement away from aircraft 1.15 Carriage of Guide and Service Animal(s)  Procedures 1.16 Carriage of Animals in the Cabin  Procedures 1.17 Child Restraint Systems  Terms of acceptance  Maximum weight, height of occupants  Procedures for the carriage of the seat  Labelling requirements  Seating locations - restrictions  Special briefing requirement 1.18 Infant Seating  Restrictions 1.19 Exit Row Seating  Restrictions 1.20 Prisoners/Escorts  Transportation procedures 1.21 Cabin Supervision  Definition  Procedures - station stops; during boarding; and deplaning of passengers 1.22 Carriage of Weapons  Procedures 1.23 Passenger Head Count/Weight and Balance  Procedures 1.24 Door Procedures/Signals (Normal Operation)  Closing of doors  Arming of doors  Disarming of doors  Opening of doors 1.25 Inoperative Doors  MEL relief given to carriers when a door/slide is inoperative, including but not limited to: - number of doors/slides that may be inoperative for each aircraft type - passenger load and seating restrictions for each aircraft type - flight attendant duties and manning of stations for take-off and landing when this condition occurs - signage, placarding, and announcement to passengers regarding inoperative door/slide 1.26 Ground Service  Regulatory requirements  Procedures 1.27 Duties Prior to/During Pushback/Taxi/Preparation for Take-off  Regulatory requirements and procedures 428 Official Gazette nº 21bis of 25/05/2015  Safety duties only 1A.28 Pre-Take-off/Pre-Landing Checks - Cabin/Galley Secure  Procedures: passenger; cabin; galley; lavatory  Air operator's procedures to ensure that cabin/galley duties are complete and flight attendants seated and secured prior to commencement of the take-off roll and prior to landing. 1.29 Passenger Medical Oxygen  Procedures re: acceptance of passengers and equipment  Stowage/securing means/devices for take-off, landing, and in-flight turbulence. 1.30 Seat Belts/No Smoking Signs  Flight attendant(s) duties when a seat belt/no smoking sign is changed (ON/OFF) 1.31 Seat Belts  Requirement for seat belts  Passenger requirement for use  Crew requirement for use  Seat belt extensions 1.32 Smoking  Non Smokers Health Act  Regulatory requirements including enforcement  Air operator procedures 1.33 Use of Portable Electronic Devices  Procedures re: - items permitted without restriction - items permitted during cruise - items prohibited  Procedures when interference to aircraft systems is experienced  Use of devices on open ramps and during boarding/deplaning 1.34 Turbulence  Definitions from A.I.P. Canada  Flight attendant duties/responsibilities-each category  Service  Communication between crew (flight deck, cabin, etc.)  In-charge flight attendant responsibilities 1.35 Signals - Take-off/Landing Imminent - and associated procedures 1.36 Silent Review  Description  Phases of flight when required  Content 1.37 Flight Attendant Seats/Stations  When flight attendants must occupy seats  Requirement to occupy assigned station/seat  Persons authorized to occupy  Pre-flight serviceability checks 1.38 Unserviceable Flight Attendant Seat (Aircraft MEL)  Conditions which constitute an unserviceable flight attendant seat  Procedures for unserviceable flight attendant seats - alternate seating - alternate procedures for communication, evacuation - conditions for occupying alternate seat 429 Official Gazette nº 21bis of 25/05/2015 1.39 Cabin Baggage  Regulatory requirements  Procedures for acceptance  Approved stowages  Restricted areas  Procedures for management of excess baggage  Crew carry-on baggage procedures 1.40 Cargo in Passenger Seats/Cabin  Regulatory requirements  Equipment used to meet compliance  Procedures for acceptance and securing 1.41 Galley/Service Equipment  Safety procedures  Use of galley equipment/service during turbulence 1.42 Duties After Landing - Taxi-in 1.43 Fuelling with Passengers on Board  Regulatory requirements  Procedures and conditions 1.44 Cabin Checks/Lavatory Checks - During Flight 1.45 Liquor Laws  Regulations  Air operator responsibilities  Flight attendant responsibilities  Enforcement 1A.46 Unruly, Unmanageable and Impaired Passengers  Flight attendant procedures - acceptance/refusal 1A.47 Transportation of Dangerous Goods in Cabin  Definition - dangerous goods accepted - dangerous goods forbidden - dangerous goods excepted  9 classes of dangerous goods  Packaging labels - examples  List of dangerous goods excepted: - on the aircraft - on person - carry-on baggage - carry-on OR checked baggage  Dangerous goods spill/leak - procedures 1.48 Flight Attendant Safety Responsibilities/Duties - each position (station) - each aircraft type 1.49 Incident Reporting  Procedures 1.50 Aircraft Surface Contamination Procedures  Description of surface contamination  Description of "Clean Aircraft Concept"  Flight attendant responsibilities 430 Official Gazette nº 21bis of 25/05/2015  Crew communication  De-icing/anti-icing  Definition and application  Flight attendant responsibility to monitor wing surface conditions for contamination in conditions of adverse weather.  Flight attendant responsibility to report to the pilot-in-command, any time prior to the take-off roll, any concerns conveyed by a passenger relating to wing contamination. 1.51 Apron Safety Procedures 1.52 Workplace Hazardous Materials Information System 1.53 Announcements - General  Air operator language procedures  When announcements must be made  Demonstration positions in cabin - each aircraft  Content/methodology of demonstration  Flight attendant duties during taped announcements/demonstrations 1A.54 Rejected (Aborted) Take-off  Description  Flight attendant procedures 1.55 Missed Approach  Description  Flight attendant procedures Section 2 – EMERGENCY PROCEDURES 2.0 Rapid Decompression  Causes  Physical signs  Physiological symptoms  Procedures during and following rapid decompression/emergency decent 2.1 Cabin Pressurization Problems  Causes  Signs and symptoms  Procedures 2.2 Fire Prevention  Enforcement of no-smoking policies  Monitoring of lavatory and cabin at specific intervals during flight  Responding to smoke detector activation  Investigation of unusual smoke/fumes/odours in the cabin 2.3 Fire Fighting  Use of various extinguishers on specific classes of fires  Technique of searching for fires  Communication procedures  Primary responsibilities - fire fighting  Back-up responsibilities - fire fighting  Safe practices in fighting fires  Management of specific types of fires - fire on a person 431 Official Gazette nº 21bis of 25/05/2015 - oven/galley fire - hidden fires/inaccessible fires - cargo compartment fires - electrical fire - lavatory fire - waste bin fire - seat fire - fire/smoke in flight deck - overhead bin fire - cabin baggage fire  Post fire procedures 2.4 Flashfire/Flashover  Description 2.5 Engine Fires/APU Fires/Torching  Description  Procedures 2.6 Fuel Spills/Fires  Description  Procedures 2A.7 Gate/Apron Emergencies  Description  Procedures 2.8 PTV Mated to the Aircraft Emergencies  Procedures 2.9 Cabin Smoke/Smoke Removal  Description  Procedures 2.10 Fuel Fumes in the Cabin  Description  Procedures 2.11 Fuel Dumping  Aircraft in fleet that are capable of fuel dumping  Description  Procedures 2.12 Incapacitated Flight Deck Crew Member  Procedures 2.13 Incapacitated Flight Attendant  Procedures 2.14 Propeller Overspeed and Runaway  Description  Signs  Procedures 2.15 Passenger Brace Positions for Impact Passenger Brace Positions for Impact  Forward facing passengers  Aft facing passengers  Side facing passengers  Passengers with arm held infants  Pregnant passengers 432 Official Gazette nº 21bis of 25/05/2015 2.16 Flight Attendant Brace Positions  Forward facing seat  Aft facing seat  Passenger seat  Procedures regarding brace position for each take-off/landing 2.17 Brace Commands  Unprepared emergency landing  Prepared emergency landing 2A.18 Emergency Evacuation Commands  General - Purpose - Technique - Correct use - PACING 2.19 Emergency Evacuation Commands - Applications  General commands - land; inadvertent water contact; and ditching  Blocked/jammed exit commands  ABP commands 2.20 Notification of an Emergency  Flight deck-to-cabin - Communication - Procedures  Cabin-to-flight deck - Communication - Procedures - Critical phases of flight  Flight attendant-to-flight attendant - Communication procedure 2.21 Brace Signals  Descriptions  Primary signal  Alternate signal  Crew member responsibilities at the brace signal 2.22 Evacuations vs. Rapid Deplanements  Descriptions  Conditions under which evacuation would be necessary  Conditions under which deplanement would be necessary 2.23 Evacuations  General - Likelihood and recognition of unprepared emergencies - take-off/landing; need to be alert  Possible evacuation scenarios - land; at airport, away from airport - Inadvertent water; at airport, away from airport - tidal flats - ditching Initiation - Flight deck crew - Cabin crew   When/how evacuation is initiated 433 Official Gazette nº 21bis of 25/05/2015  Crew responsibilities - each aircraft - Equipment, stations, exits (Primary/Secondary) - land and water 2.24 Evacuation Signals  Descriptions  Primary signal/variations  Alternate signal/variations  Crew member responsibilities at the evacuation signal  Evacuation cancellation 2.25 Prepared Emergency Landing/Ditching  Procedures 2A.26 Exit Priorities - Land/Ditching 2A.27 Post-Evacuation and Survival  Responsibilities of crew members (e.g. grouping passengers, first aid, etc.)  Survival priorities (e.g. shelter, first aid, water, food, etc.)  Hazards inherent in different environments as applicable to the air carrier's operation (e.g. sea, desert, jungle, wilderness, and arctic) Identify on board equipment and supplies that can enhance survival.   Survival equipment  Signalling and recovery techniques  Section 3 – AIRCRAFT SPECIFIC 3.1 DOORS AND EMERGENCY EXITS 3.1.1 Identify and describe the location, features and operation of each of the exits on the aircraft in both normal and emergency mode. 3.1.2 Normal Operation (Internal)  Who opens/closes specific doors  Signals/conditions to open/close  Precautions and exit assessment  Opening/closing procedures  Crew communications 3.1.3 Arming/Disarming Procedures  Who arms/disarms specific doors  When to arm/disarm  Arm/disarm checks  Precautions  Abnormalities/corrective actions  Crew communications 3.1.4 Emergency Operation (Internal)  Signals to open  Exit assessment/conditions/attitude of aircraft  Opening/alternate opening procedures  Precautions  Slide/raft (ramp) deployment, inflation & use  Slide/raft (ramp) failure  Escape tape, ropes location and use  Crew communications 434 Official Gazette nº 21bis of 25/05/2015 3.1.5 Airstairs/Ventral Stairs  Controls  Operations (Normal & Emergency)  Operational precautions  Crew communications 3.1.6 Flight Deck Escape Routes  Location(s), operation(s) and method(s) of egress  Conditions for use 3.2 COMMUNICATIONS SYSTEMS 3.2.1 Public Address System and Interphone System  Emergency operation procedures 3.3 ELECTRICAL SYSTEMS 3.3.1 Galley Power Shut Off  Location(s) and procedures 3.3.2 Galley Appliance Overheat/Malfunctions 3.3.3 Circuit Breakers  Location(s)  Purpose  Description  Reset procedures 3.3.4 Emergency Lighting  Location(s)/operation of controls for activation  Location(s)/operation - portable lighting units 3.3.5 Oxygen Systems  Location(s)/operation/manual release-cabin; galleys; lavatories  Location(s)/operation - flight deck oxygen masks 3.4 MISCELLANEOUS 3.4.1 Flight Attendant Seats/Stations  Locations and cabin positions, in all configurations for pre-flight passenger safety demonstrations and emergency landing briefings 3.4.2 Flight Crew Seats Two Person Flight Deck  Description of seats, controls and restraint system 3.4.3 Passenger Seat Unserviceable Procedures 3.4.4 Stowage Area Unserviceablility Procedures 3.4.5 Water Supply, Sinks, Drains (Galleys/Lavatories)  Location and description/operation of shut-off valves  Precautions for using sinks to avoid scalding ground personnel 3.4.6 Lifts/Elevators  Abnormal and emergency operation  Control override procedures  Escape procedures 3.4.7 Curtains and Partitions Procedures for take-off and landing 3.4.8 Lavatories  Door locking mechanisms (External)  Emergency entry procedures  Positioning/locking of lavatory door for take-off and landing  Electrical outlets 435 Official Gazette nº 21bis of 25/05/2015  Location/operation - Water Heater Units  Location/operation - "Waste Receptacle" Fire Extinguisher  Location/operation - Smoke Detector Units 3.4.9 Emergency Equipment Locations Diagram 3.4.10 Fuelling - Emergency Exits 3.4.11 Flight Attendant Seating Priority 3.4.12 Exit Row Seating Requirements 3.5 UNIQUE FEATURES 3.5.1 Identify any features, procedures and/or equipment unique or different within the aircraft type in the air carrier's fleet.  Describe each of the differences, their impact on the carrier's standard operating procedures and the importance to flight safety of crew members being familiar with them.  Describe the impact of these differences on crew communication and crew coordination procedures and ways to ensure crew members are familiar with these differences prior to the flight, i.e.: crew briefing, familiarization walk-throughs.  Definition and description and operational procedures of: - Blow-out panels - Flight deck door - Smoke barrier Section 4 – SECURITY PROCEDURES Guidance for Assessing the Threat, Preventive Measures, Responsive Measures, Security Procedures, etc. The Authority will prescribe aviation security requirements for crew members. Section 5 – SAFETY AND EMERGENCY EQUIPMENT 5.0 Minimum Equipment List  General function  Who uses it  Location 5.1 Log Book/Entries  When used  Who makes entries  What should be entered  What to do when entries have been made 5.2 Specific Equipment  For each piece of safety and emergency equipment carried, identify the following:  Correct name/terminology  Purpose  Components  Operations procedures (Primary/Alternate) (include removal from stowage)  Limitations (duration/range/temperature/minimum psi's etc.)  Operational precautions  Procedures after use  Pre-flight serviceability checks 5.3 Location of Equipment - each aircraft 436 Official Gazette nº 21bis of 25/05/2015 Section 6 – FIRST AID The First Aid section shall include components 6.0 to 6.10 or the air operator may have these components in a separate document, provided the document is:  Referenced in the Flight Attendant Manual,   Readily available for reference during flight, and  Approved by the Authority Issued to each flight attendant, 6.0 Medical Emergencies  Procedures regarding management of in-flight medical emergency (e.g. Emergency Scene Management) 6.1 Signs, Symptoms and Management of: In-flight medical emergency scene management   Shock, unconsciousness and fainting  Artificial respiration - adult, child and infant  Choking - adult, child and infant  Cardiovascular emergencies  Wounds and bleeding  Fractures, dislocations and sprains  Head/spinal injuries  Burns  Asthma, allergies and poisons  Medical conditions  Altitude related conditions 6.2 Time of Useful Consciousness  Description  Time frames 6.3 Cabin Crew Safety  Cabin Crew to be seated during critical phases of flight even when a medical emergency may be in progress on board 6.4 Cabin Crew Responsibilities  Specific air operator policies and procedures regarding such items as administration of medication, use of equipment, calling for a physician, notification of the flight deck, etc.  Provide necessary information required to ensure that appropriate medical assistance is available upon arrival 6.5 Personal Protection  Procedures regarding prevention of cabin crew injury (e.g. syringes, needles)  Hygienic protocol to ensure the safety of cabin crew (e.g. latex gloves, face masks) 6.6 Carriage of Passengers with Contagious Diseases  Procedures  Equipment  Precautions 6.7 Suspected Death  Procedures 6.8 Other First Aid Equipment  Equipment  Use  Precautions 6.9 Aircraft First Aid Kit(s) and Emergency Medical Kits 437 Official Gazette nº 21bis of 25/05/2015  Contents  Use 6.10 Reporting Medical Incidents  Procedures 438 Official Gazette nº 21bis of 25/05/2015 FIFTH SCHEDULE REGULATION 52 FLIGHT SAFETY DOCUMENTS SYSTEM 1. INTRODUCTION The guidelines in this Schedule address the major aspects of an operator’s flight safety documents system development process, with the aim of ensuring compliance with these Regulations. The guidelines are based not only upon scientific research, but also upon current best industry practices, with an emphasis on a high degree of operational relevance. 2. Organization 2.1 A flight safety documents system shall be organized according to criteria, which ensure easy access to information, required for flight and ground operations contained in the various operational documents comprising the system and which facilitate management of the distribution and revision of operational documents. 2.2 Information contained in a flight safety documents system shall be grouped according to the importance and use of the information, as follows: a) time critical information, e.g., information that can jeopardize the safety of the operation if not immediately available; b) time sensitive information, e.g., information that can affect the level of safety or delay the operation if not available in a short time period; c) frequently used information; d) reference information, e.g., information that is required for the operation but does not fall under b) or c) above; and e) information that can be grouped based on the phase of operation in which it is used. 2.3 Time critical information shall be placed early and prominently in the flight safety documents system. 2.4 Time critical information, time sensitive information, and frequently used information shall be placed in cards and quick-reference guides. 3. Validation A flight safety documents system shall be validated before deployment, under realistic conditions. Validation shall involve the critical aspects of the information use, in order to verify its effectiveness. Interactions among all groups that can occur during operations shall also be included in the validation process. 4. Design 439 Official Gazette nº 21bis of 25/05/2015 4.1 A flight safety documents system shall maintain consistency in terminology and in the use of standard terms for common items and actions. 4.2 Operational documents shall include a glossary of terms, acronyms and their standard definition, updated on a regular basis to ensure access to the most recent terminology. All significant terms, acronyms and abbreviations included in the flight documents system shall be defined. 4.3 A flight safety documents system shall ensure standardization across document types, including writing style, terminology, use of graphics and symbols, and formatting across documents. This includes a consistent location of specific types of information, consistent use of units of measurement and consistent use of codes. 4.4 A flight safety documents system shall include a master index to locate, in a timely manner, information included in more than one operational document. Note.— The master index must be placed in the front of each document and consist of no more than three levels of indexing. Pages containing abnormal and emergency information must be tabbed for direct access. 4.5 A flight safety documents system shall comply with the requirements of the operator’s quality system, if applicable. 5. Deployment Operators shall monitor deployment of the flight safety documents system, to ensure appropriate and realistic use of the documents, based on the characteristics of the operational environment and in a way which is both operationally relevant and beneficial to operational personnel. This monitoring shall include a formal feedback system for obtaining input from operational personnel. 6. Amendment 6.1 Operators shall develop an information gathering, review, distribution and revision control system to process information and data obtained from all sources relevant to the type of operation conducted, including, but not limited to, the State of the Operator, State of design, State of Registry, manufacturers and equipment vendors. Note.— Manufacturers provide information for the operation of specific aircraft that emphasizes the aircraft systems and procedures under conditions that may not fully match the requirements of operators. Operators shall ensure that such information meets their specific needs and those of the local authority. 6.2 Operators shall develop an information gathering, review and distribution system to process information resulting from changes that originate within the operator, including: a) changes resulting from the installation of new equipment; b) changes in response to operating experience; c) changes in an operator’s policies and procedures; d) changes in an operator certificate; and 440 Official Gazette nº 21bis of 25/05/2015 e) changes for purposes of maintaining cross fleet standardization. Note.— Operators shall ensure that crew coordination philosophy, policies and procedures are specific to their operation. 6.3 A flight safety documents system shall be reviewed: a) on a regular basis (at least once a year); b) after major events (mergers, acquisitions, rapid growth, downsizing, etc.); c) after technology changes (introduction of new equipment); and d) after changes in safety regulations. 6.4 Operators shall develop methods of communicating new information. The specific methods shall be responsive to the degree of communication urgency. Note.— As frequent changes diminish the importance of new or modified procedures, it is desirable to minimize changes to the flight safety documents system. 6.5 New information shall be reviewed and validated considering its effects on the entire flight safety documents system. 6.6 The method of communicating new information shall be complemented by a tracking system to ensure currency by operational personnel. The tracking system shall include a procedure to verify that operational personnel have the most recent updates. 441 Official Gazette nº 21bis of 25/05/2015 SIXTH SCHEDULE REGULATION 30 CONTENTS OF AIRCRAFT OPERATING MANUAL 1.0 General Information and Units of Measurement General Information (e.g. aircraft dimensions), including a description of the units of 1.1 measurement used for the operation of the aircraft type concerned and conversion tables. 2.0 Limitations 2.1 Certification and Operational Limitations A description of the certified limitations and the applicable operational limitations including: (a) Certification status; (b) An approved-passenger seating configuration for each aircraft type including a pictorial presentation; (c) Types of operation that are approved (e.g. IFR/VFR, CAT II/III, flights in known icing conditions etc.); (d) Crew composition; (e) Operating within mass and centre of gravity limitations; (f) Speed limitations; (g) Flight envelopes; (h) Wind limits including operations on contaminated runways; (i) Performance limitations for applicable configurations; (j) Runway slope; (k) Limitations on wet or contaminated runways; (l) Airframe contamination; and (m) Post landing 3.0 Operating Procedures Normal Procedures 3.1 The normal procedures and duties assigned to the crew, the appropriate checklists, the system for use of the checklists and a statement covering the necessary co-ordination procedures between flight and cabin crew. The following normal procedures and duties shall be included: (a) Pre-flight; (b) Pre-departure and loading; (c) Altimeter setting and checking; (d) Taxi, Take-Off and Climb; (e) Noise abatement; (f) Cruise and descent; (g) Approach, landing preparation and briefing; (h) VFR approach; (i) Instrument approach; (j) Visual approach and circling: (k) Missed approach; (l) Normal landing; (m) Post landing; and 442 Official Gazette nº 21bis of 25/05/2015 (n) Operation on wet and contaminated runways. Specific Cockpit Procedures 3.2 (a) Determining airworthiness of aircraft; (b) Obtaining flight release; (c) Initial cockpit preparation; (d) Standard operating procedures; (e) Cockpit discipline; (f) Standard call-outs; (d) Communications; (e) Flight safety; (f) Push-back and towing procedures; (g) Taxi guidelines and ramp signals; (h) Take-off and climb out procedures; (i) Choice of runway; (j) Take-off in limited visibility; (k) Take-off in adverse weather; (l) Use and limitations of weather radar; (m) Use of landing lights; (n) Monitoring of flight instruments; (o) Power settings for take-off; (p) Malfunctions during take-off; (q) Rejected take-off decision; (r) Climb, best angle, best rate; (s) Sterile cockpit procedures; (t) En route and holding procedures; (u) Cruise control; (v) Navigation log book; (w) Descent, approach and landing procedures; (x) Standard call-outs; (y) Reporting maintenance problems; (z) How to obtain maintenance and service en route. Abnormal and Emergency Procedures 3.3 The manual shall contain a listing of abnormal and emergency procedures assigned to crew members with appropriate check-lists that include a system for use of the check-lists and a statement covering the necessary co-ordination procedures between flight and cabin crew. The following abnormal and emergency procedures and duties shall be included: (a) Crew incapacitation; (b) Fire and smoke drills; (c) Unpressurised and partially pressurised flight; (d) Exceeding structural limits such as overweight landing; (e) Exceeding cosmic radiation limits; (f) Lightning strikes (g) Distress communications and alerting ATC to emergencies; (h) Engine failure; (i) System failures; (j) Guidance for diversion in case of serious technical failure; (k) Ground proximity warning; (1) TCAS warning; (m) Windshear; and 443 Official Gazette nº 21bis of 25/05/2015 (n) Emergency landing/ditching; (o) Aircraft evacuation; (p) Fuel Jettisoning and Overweight Landing:  General considerations and policy  Fuel jettisoning procedures and precautions (q) Emergency Procedures:  Emergency decent;  Low fuel;  Dangerous goods incident or accident. (r) Interception procedures; (s) Emergency signal for cabin attendants; (t) Communication Procedures; (u) Radio listening watch. 4.0 Performance Data 4.1 Performance data shall be provided in a form in which it can be used without difficulty. Performance material which provides the necessary data to allow the flight crew to comply with 4.2 the approved aircraft flight manual performance requirements shall be included to allow the determination of- (a) Take-off climb limits - Mass, Altitude, Temperature; (b) Take-off field length (dry, wet, contaminated); (c) Net flight path data for obstacle clearance calculation or, where applicable, take-off flight path; (d) The gradient losses for banked climb outs; (e) En route climb limits; (f) Approach climb limits; (g) Landing climb limits; (h) Landing field length (dry, wet, contaminated) including the effects of an inflight failure of a system or device, if it affects the landing distance; (i) Brake energy limits; and (j) Speeds applicable for the various flight stages (also considering wet or contaminated runways). Supplementary Performance Data 4.3 Supplementary data covering flights in icing conditions. Any certified performance related to an allowable configuration, or configuration deviation, such as anti-skid inoperative, shall be included. Other Acceptable Performance Data 4.4 If performance data, as required for the appropriate performance class, is not available in the approved AFM, then other data acceptable to the Authority shall be included. Alternatively, the operations manual may contain cross-reference to the approved data contained in the AFM where such data is not likely to be used often or in an emergency. 4.5 Additional Performance Data. Additional performance data where applicable including- (a) All engine climb gradients; (b) Drift-down data; (c) Effect of de-icing/anti-icing fluids; (d) Flight with landing gear down; (e) For aircraft with three or more engines, one engine inoperative ferry flights; and (f) Flights conducted under the provisions of a configuration deviation list (CDL). 444 Official Gazette nº 21bis of 25/05/2015 5.0 Flight Planning 5.1 Flight Planning Data Data and instructions necessary for pre-flight and inflight planning including factors such as speed schedules and power settings. Where applicable, procedures for engine(s) out operations, ETOPS and flights to isolated airports shall be included. 5.2 Fuel Calculations The method for calculating fuel needed for the various stages of flight. 6.0 Mass And Balance. 6.1 Calculating Mass and Balance Instructions and data for the calculation of mass and balance including: (a) Calculation system (e.g. Index system); (b) Information and instructions for completion of mass and balance documentation, including manual and computer generated types; (c) Limiting mass and centre of gravity of the various versions; (d) Dry operating mass and corresponding centre of gravity or index. 7.0 Loading. 7.1 Loading Procedures Procedures and provisions for loading and securing the load in the aircraft. 7.2 Loading Dangerous Goods The operations manual shall contain a method to notify the PIC when dangerous goods are loaded in the aircraft. 8.0 Survival And Emergency Equipment Including Oxygen 8.1 List of Survival Equipment to be Carried A list of the survival equipment to be carried for the routes to be flown and the procedures for checking the serviceability of this equipment prior to take-off. Instructions regarding the location, accessibility and use of survival and emergency equipment and its associated check list(s) shall also be included. 8.2 Oxygen Usage The procedure for determining the amount of oxygen required and the quantity that is available. The flight profile, number of occupants and possible cabin decompression shall be considered. The information provided shall be in a form in which it can be used without difficulty. 8.3 Emergency Equipment Usage A description of the proper use of the following emergency equipment: (a) Life jackets (b) Life rafts (c) Medical kits/first aid kits (d) Survival kits (e) Emergency locator transmitter (ELT) (f) Visual signalling devices (g) Evacuation slides 445 Official Gazette nº 21bis of 25/05/2015 (h) Emergency lighting 9.0 Emergency Evacuation Procedures 9.1 Instructions for Emergency Evacuation Instructions for preparation for emergency evacuation including, crew co-ordination and emergency station assignment. 9.2 Emergency Evacuation Procedures A description of the duties of all members of the crew for the rapid evacuation of an aircraft and the handling of the passengers in the event of a forced landing, ditching or other emergency. 10.0 Aircraft Systems. 10.1 Aircraft Systems A description of the aircraft systems, related controls and indications and operating instructions. 11.0 Route and Airport Instructions and Information (optional for this manual) 11.1 Instructions and Information Instructions and information relating to communications, navigation and airports including minimum flight levels and altitudes for each route to be flown and operating minima for each airport planned to be used, including: (a) Minimum flight level/altitude; (b) Operating minima for departure, destination and alternate airports; (c) Communication facilities and navigation aids; (d) Runway data and airport facilities; (e) Approach, missed approach and departure procedures including noise abatement procedures; (f) Communications-failure procedures; (g) Search and rescue facilities in the area over which the aircraft is to be flown; (h) A description of the aeronautical charts that shall be carried on board in relation to the type of flight and the route to be flown, including the method to check their validity; (i) Availability of aeronautical information and MET services; (j) En route COM/NAV procedures, including holding; (k) Airport categorisation for flight crew competence qualification. Dr NZAHABWANIAMANA Alexis Minister of State in charge of Transport Seen and sealed with the Seal of the Republic: (sé) BUSINGYE Johnston Minister of Justice/Attorney General 446 Official Gazette nº 21bis of 25/05/2015 ANNEX X TO THE MINISTERIAL REGULATIONS Nº 02/MOS/TRANS/015 OF 08/04/2015 IMPLEMENTING THE LAW Nº 75/2013 OF 11/09/2013 ESTABLISHING REGULATION GOVERNING CIVIL AVIATION CIVIL AVIATION (OPERATION OF AIRCRAFT) REGULATIONS 2015 ARRANGEMENT OF REGULATIONS REGULATIONS PART I - PRELIMINARY 1. Citation 2. Definition. PART II - GENERAL OPERATIONS REQUIREMENTS Aircraft requirements 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Registration markings. Civil aircraft airworthiness. Special certificate of airworthiness. Aircraft instrument and equipment. Inoperative instruments and equipment. Aircraft flight manual, marking and placard requirements. Required aircraft and equipment inspections. Documents to be carried on aircraft. Production of documents. Preservation of documents. Insurance. Stowaways. Co-ordination of activities potentially hazardous to civil aircraft. Power to prohibit or restrict flying or landing or taking off. Balloons, kites and airships. PART III - AIRCRAFT MAINTENANCE REQUIREMENTS 18. Aircraft maintenance requirements Air Operator Certificate Holder 19. 20. 21. 22. 23. 24. Maintenance responsibility Approval and acceptance of air operator certificate maintenance systems Maintenance control manual Maintenance management Quality system: maintenance Technical logbook 447 Official Gazette nº 21bis of 25/05/2015 25. 26. 27. 28. 29. 30. 31. Technical logbook entries Maintenance records Release to service or maintenance section records of the technical logbook Modification or repairs to aircraft Aircraft maintenance programme Inspection programme Maintenance, preventive maintenance and modifications Maintenance requirements for non air operator certificate holder 32. 33. 34. 35. 36. 37. 38. 39. Maintenance required. Inspections. Progressive inspection. Changes to aircraft maintenance programmes. Inspections: all other aircraft. Maintenance records Maintenance records retention. Transfer of maintenance records. PART IV - FLIGHT CREW REQUIREMENTS 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. Composition of flight crew. Operations under IFR or at night. Inflight procedures – Heliport operating minima Heliport operating minima under IFR Requirements of experience, recency and training for single pilot operations at night or instrument flight rules. Pilot authorization in lieu of a type rating. Pilot recent experience: pilot-in-command, co-pilot cruise relief pilot. Pilot-in-command: route and airport qualification. Pilot proficiency checks. Licences required. Pilots: qualifications. Rating required for IFR operations. Special authorization required for Category II/III operations. Recording of flight time. Pilot-in-command and co-pilot currency: take-off and landings. Pilot currency: IFR operations. Pilot currency: general aviation operations. Pilot privileges and limitations. PART V - CREW MEMBER DUTIES AND RESPONSIBILITIES 58. 59. 60. 61. 62. 63. 64. 65. Authority and responsibility of the pilot-in-command. Authority of the pilot-in-command. Compliance with local regulations and notifications. Compliance by a foreign operator with laws, regulations and procedures Surveillance of operations by a foreign operator Imperilling the safety of persons and property. Fitness of flight crew members. Use of narcotics, drugs or intoxicating liquor. 448 Official Gazette nº 21bis of 25/05/2015 . 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. Use of psychoactive substances Crew member use of seatbelts and shoulder harnesses. Flight crew members at duty stations. Required crew member equipment. Compliance with checklists. Search and rescue information. Information on emergency and survival equipment carried. Locking of cockpit compartment door. Admission to the cockpit. Power to inspect. Duties during critical phases of flight. Microphones. Manipulation of the controls: commercial air transport. Simulated abnormal situations in flight: commercial air transport. Completion of the technical logbook: commercial air transport. Reporting mechanical irregularities Reporting of facility and navigation aid inadequacies Reporting of incidents, bird occurrences and accidents. Mandatory reporting of occurrences which endanger or would endanger, if not corrected, an aircraft or a person Voluntary reporting of occurrences. Hazardous flight conditions Operation of flight recorders. Crew member Oxygen supply. Use of oxygen. Carriage of dangerous goods. Portable electronic devices. PART VI - FLIGHT PLANS AND TRAFFIC CONTROL CLEARANCES Operational Flight Planning and Preparation 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. 107. 108. 109. Pre-flight action. Operation of aircraft on the ground. Flight into known or expected icing Aerodrome operating minima Take-off conditions. Altimeter settings. Operation of radio in aircraft Weather reports and forecasts. Weather limitations for VFR flights Adequacy of operating facilities. Diversions decision: engine inoperative IFR destination aerodromes. IFR alternate aerodrome selection criteria. Off-shore alternates for helicopter operations. Take-off alternate aerodromes: commercial air transport operations. Destination alternate Heliport Maximum distance from an adequate aerodrome for aeroplanes with two turbine engines without an ETDO approval. Extended diversion time operations with aeroplanes with two turbine engines. 449 Official Gazette nº 21bis of 25/05/2015 110. 111. 112. 113. 114. 115. 116. 117. 118. . En-route alternate aerodromes: ETDO operations. Fuel requirements. Flight planning: document distribution and retention. Commercial air transport: loading of aircraft. Aircraft loading, mass and balance. Stowage of baggage and cargo. Maximum allowable weights to be considered on all load manifests. Flight release required: commercial air transport. Operational flight plan: commercial air transport. PART VII - AIRCRAFT OPERATING AND PERFORMANCE LIMITATIONS All Aircraft 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. 135. 136. 137. 138. 139. 140. 141. 142. 143. 144. 145. 146. 147. Aircraft airworthiness and safety precautions Performance and operating limitations. In-flight simulation of abnormal situations Test-flight areas Operations in RNP, MNPS or RVSM airspace. Reports of height-keeping performance Electronic navigation data management. Compliance with visual and electronic glide slopes. Restriction or suspension of operations: commercial air transport. Continuation of flight when destination aerodrome is temporarily restricted: commercial air transport. Continuation of IFR flight toward a destination Operations of single-engine aircraft. Operations of single-engine turbine-powered aircraft at night or in IMC. IFR take-off minimums for commercial air transport. Instrument approach procedures and IFR landing minima. Commencing an instrument approach. Instrument approaches to aerodromes Threshold crossing height for 3D instrument approach operations. Operation below DH or MDA Landing during instrument meteorological conditions Execution of a missed approach procedure Minimum flight altitudes and aerodrome operating minima Minimum altitudes for use of an autopilot Receiver failure Aircraft performance calculations for all aircrafts. General weight and obstruction clearance limitations. Category II and III operations: general operating rules Category II and Category III: operations manual Authorization for deviation from certain Category II operations. Aircraft used in Commercial Air Transport 148. 149. 150. 151. General Rules of the air and air traffic control. Aircraft performance calculations for commercial transport. Take-off and initial climb phase limitations. 450 Official Gazette nº 21bis of 25/05/2015 152. 153. 154. 155. En-route limitations: all engines operating aeroplanes and performance class 3 helicopter En-route limitations: one engine inoperative and performance class 1 and class 2 with one or two power-units. En-route limitations: performance class 1 and class 2 with three or more engines. Approach and landing limitations. PART VIII - PASSENGER AND PASSENGER HANDLING All Passenger- Carrying Operations 156. 157. 158. 159. 160. 161. 162. Unacceptable conduct. Refuelling or defuelling with passengers on board. Passenger seats, safety belts and shoulder harnesses. Passenger briefing non-AOC holder aircraft. In-flight emergency instruction. Passenger oxygen: minimum supply and use. Alcohol or drugs Commercial Air Transport Passenger Carrying Operations 163. 164. 165. 166. 167. 168. 169. 170. 171. 172. 173. 174. 175. 176. 177. 178. 179. 180. 181. 182. 183. 184. Passenger compliance with instructions. Denial of transportation. Carriage of person without compliance with passenger carrying requirements Cabin crew at duty stations. Evacuation capability. Arming of automatic emergency exits. Accessibility of emergency exits and equipment. Stops where passengers remain on board. Carriage of persons with reduced mobility. Exit row seating. Carriage of munitions of war and sporting weapons. Additional requirements Oxygen for medical use by passengers. Carry-on baggage. Carriage of cargo in passenger compartments. Passenger information signs. Required passenger briefings: air operator certificate holder. Passenger briefing: extended overwater operations. Passenger seat belts. Passenger seat backs. Stowage of food, beverage and passenger service. Securing of items of mass in passenger compartment. Crew member and Flight Operations Officer Qualifications: Commercial Air Transport 185. 186. 187. 188. 189. 190. Age restriction. Pilot-in-command licence requirements: turbojet, turbofan or large aircraft. Pilot-in-command licence requirements: non turbo jet or turbofan small aircraft Pilot-in-command aeronautical experience: small aircraft Co-pilot licence requirements. Flight engineer licence requirements. 451 Official Gazette nº 21bis of 25/05/2015 One pilot qualified to perform flight engineer functions. Flight operations officer. Company procedures indoctrination. Initial dangerous goods training. Security training programmes. Initial crew resource management training. Initial emergency equipment drills. Initial aircraft ground training: flight crew. Initial aircraft ground training: cabin crew. Competence checks: cabin crew members. Initial training: flight operations officer. Initial flight training: flight crew member. Initial specialised operations training. Aircraft differences training. Use of flight simulation training devices. Aircraft and instrument proficiency checks Introduction of new equipment or procedures. Pilot qualification: recent experience. Pilot operating limitations and pairing requirements. Flight engineer proficiency check Competence checks: flight operations officer Supervised line flying: pilots. Supervised line flying: flight engineers. Supervised line experience: cabin crew. Line observations: flight operations officer. Route and area checks: pilot qualification. Low minimums authorization: pilot-in-command Designated special aerodromes and heliports: pilot-in-command qualification. Recurrent training and checking: flight crew members Recurrent training: cabin crew members. Recurrent training: flight operations officers. Check pilot training. Authorized instructor or flight simulation training device authorized instructor training. Authorized instructor qualifications. Check pilot and authorized flight engineer qualifications. Check pilot designation. Check pilot authorizations and limitations Flight simulation training device trainer approval. Line qualification: check pilot and instructor. Termination of proficiency, competence or line check. Recording of crew member qualifications Monitoring of training and checking activities. Eligibility period. 191. 192. 193. 194. 195. 196. 197. 198. 199. 200. 201. 202. 203. 204. 205. 206. 207. 208. 209. 210. 211. 212. 213. 214. 215. 216. 217. 218. 219. 220. 221. 222. 223. 224. 225. 226. 227. 228. 229. 230. 231. 232. 233. . . . PART IX - FATIGUE MANAGEMENT AND PROTECTION OF FLIGHT CREW FROM COSMIC RADIATION Fatigue of Crew 452 Official Gazette nº 21bis of 25/05/2015 234. 235. 236. 237. 238. 239. 240. 241. 242. 243. Application, interpretation and modification. Fatigue Risk Management Systems Establishment of limits on flight times, flight duty periods and rest periods. Maximum flight duty periods for crew member. Minimum rest periods for crew member. Duty and rest periods for flight operations officers Records of flight times and duty periods. Maximum flight times for crew member. Provision for particular cases. Duties of operators to prevent excessive fatigue of crew members. Protection of Flight Crew from Cosmic Radiation 244. 245. Protection of flight crew member from cosmic radiation Cosmic radiation: records to be kept PART X – FLIGHT RELEASE: COMMERCIAL AIR TRANSPORT 246. 247. 248. 249. 250. 251. 252. 253. 254. 255. 256. 257. 258. Qualified persons required for operational control functions. Functions associated with operational control. Operational control duties. Contents of a flight release. Flight release: aircraft requirements. Flight release: facilities and NOTAMs. Flight release: weather reports and forecasts. Flight release in icing conditions. Flight release under VFR or IFR. Flight release: minimum fuel supply. Flight release: aircraft loading and performance. Flight release: amendment or re-release en-route. Flight release: requirement for airborne weather radar equipment. 453 Official Gazette nº 21bis of 25/05/2015 _______ SCHEDULES _______ FIRST SCHEDULE Mandatory Reporting SECOND SCHEDULE Maintenance Control Manual 454 Official Gazette nº 21bis of 25/05/2015 THE CIVIL AVIATION (OPERATION OF AIRCRAFT) REGULATIONS 2015 PART I – PRELIMINARY Citation Definition 1. 2. These Regulations may be cited as the Civil Aviation (Operation of Aircraft) Regulations 2015. When the following terms are used in this Annex, they have the following meanings: Accelerate-stop distance available (ASDA). The length of the take-off run available plus the length of stopway, if provided. Aerial work. An aircraft operation in which an aircraft is used for specialized services such as agriculture, construction, photography, surveying, observation and patrol, search and rescue, aerial advertisement, etc. 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 operating minima. The limits of usability of an aerodrome for: a) take-off, expressed in terms of runway visual range and/or visibility and, if necessary, cloud conditions; b) landing in 2D instrument approach operations, expressed in terms of visibility and/or runway visual range, minimum descent altitude/height (MDA/H) and, if necessary, cloud conditions; and c) landing in3D instrument approach operations, expressed in terms of visibility and/or runway visual range and decision altitude/height (DA/H) as appropriate to the type and/or category of the operation. Aeroplane. 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. 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. Aircraft operating manual. A manual, acceptable to the State of the Operator, containing normal, abnormal and emergency procedures, checklists, limitations, performance information, details of the aircraft systems and other material relevant to the operation of the aircraft. 455 Official Gazette nº 21bis of 25/05/2015 Air operator certificate (AOC). A certificate authorizing an operator to carry out specified commercial air transport operations. Airworthy. The status of an aircraft, engine, propeller or part when it conforms to its approved design and is in a condition for safe operation. Alternate aerodrome. An aerodrome to which an aircraft may proceed when it becomes either impossible or inadvisable to proceed to or to land at the aerodrome of intended landing where the necessary services and facilities are available, where aircraft performance requirements can be met and which is operational at the expected time of use. Alternate aerodromes include the following: Take-off alternate. An alternate aerodrome at which an aircraft would be able to land should this become necessary shortly after take-off and it is not possible to use the aerodrome of departure. En-route alternate. An alternate aerodrome at which an aircraft would be able to land in the event that a diversion becomes necessary while en route. Destination alternate. An alternate aerodrome at which an aircraft would be able to land should it become either impossible or inadvisable to land at the aerodrome of intended landing. Altimetry system error (ASE). The difference between the altitude indicated by the altimeter display, assuming a correct altimeter barometric setting, and the pressure altitude corresponding to the undisturbed ambient pressure. 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. Cabin crew member. A crew member who performs, in the interest of safety of passengers, duties assigned by the operator or the pilot-in-command of the aircraft, but who shall not act as a flight crew member. COMAT. Operator material carried on an operator’s aircraft for the operator’s own purposes. Combined vision system (CVS). A system to display images from a combination of an enhanced vision system (EVS) and a synthetic vision system (SVS) Commercial air transport operation. An aircraft operation involving the transport of passengers, cargo or mail for remuneration or hire. Configuration deviation list (CDL). A list established by the organization responsible for the type design with the approval of the State of Design which identifies any external parts of an aircraft type which may be missing at the commencement of a flight, and which contains, where necessary, any information on associated operating limitations and performance correction. 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. 456 Official Gazette nº 21bis of 25/05/2015 Continuous descent final approach (CDFA). A technique, consistent with stabilized approach procedures, for flying the final approach segment of a non-precision instrument approach procedure as a continuous descent, without level-off, from an altitude/height at or above the final approach fix altitude/height to a point approximately 15 m (50 ft) above the landing runway threshold or the point where the flare manoeuvre should begin for the type of aircraft flown. Crew member. A person assigned by an operator to duty on an aircraft during a flight duty period. Cruise relief pilot. A flight crew member who is assigned to perform pilot tasks during cruise flight, to allow the pilot-in-command or a co-pilot to obtain planned rest. Cruising level. A level maintained during a significant portion of a flight. Dangerous goods. Articles or substances which are capable of posing a risk to health, safety, property or the environment and which are shown in the list of dangerous goods in the Technical Instructions or which are classified according to those Instructions. Decision altitude (DA) or decision height (DH). A specified altitude or height in a 3D instrument approach operation at which a missed approach must be initiated if the required visual reference to continue the approach has not been established. Duty. Any task that flight or cabin crew members are required by the operator to perform, including, for example, flight duty, administrative work, training, positioning and standby when it is likely to induce fatigue. Duty period. A period which starts when a flight or cabin crew member is required by an operator to report for or to commence a duty and ends when that person is free from all duties. Extended diversion time operations (EDTO). Any operation by an aeroplane with two or more turbine engines where the diversion time to an en-route alternate aerodrome is greater than the threshold time established by the Authority. EDTO critical fuel. The fuel quantity necessary to fly to an en-route alternate aerodrome considering, at the most critical point on the route, the most limiting system failure. EDTO significant system. An aeroplane system whose failure or degradation could adversely affect the safety particular to an EDTO flight, or whose continued functioning is specifically important to the safe flight and landing of an aeroplane during an EDTO diversion. Electronic flight bag (EFB). An electronic information system, comprised of equipment and applications, for flight crew which allows for storing, updating, displaying and processing of EFB functions to support flight operations or duties. Emergency locator transmitter (ELT). A generic term describing equipment which broadcast distinctive signals on designated frequencies and, depending on application, may be automatically activated by impact or be manually activated. An ELT may be any of the following: Automatic fixed ELT (ELT(AF)). An automatically activated ELT which is permanently attached to an aircraft. Automatic portable ELT (ELT(AP)). An automatically activated ELT which is rigidly 457 Official Gazette nº 21bis of 25/05/2015 attached to an aircraft but readily removable from the aircraft. Automatic deployable ELT (ELT(AD)). An ELT which is rigidly attached to an aircraft and which is automatically deployed and activated by impact, and, in some cases, also by hydrostatic sensors. Manual deployment is also provided. Survival ELT (ELT(S)). An ELT which is removable from an aircraft, stowed so as to facilitate its ready use in an emergency, and manually activated by survivors. Engine. A unit used or intended to be used for aircraft propulsion. It consists of at least those components and equipment necessary for functioning and control, but excludes the propeller/rotors (if applicable). Enhanced vision system (EVS). A system to display electronic real-time images of the external scene achieved through the use of image sensors. Extended diversion time operations (EDTO). Any operation by an aeroplane with two or more turbine engines where the diversion time to an en-route alternate aerodrome is greater than the threshold time established by the State of the Operator Fatigue. A physiological state of reduced mental or physical performance capability resulting from sleep loss or extended wakefulness, circadian phase, or workload (mental and/or physical activity) that can impair a crew member’s alertness and ability to safely operate an aircraft or perform safety-related duties. Fatigue Risk Management System (FRMS). A data-driven means of continuously monitoring and managing fatigue-related safety risks, based upon scientific principles and knowledge as well as operational experience that aims to ensure relevant personnel are performing at adequate levels of alertness. Final approach segment (FAS). That segment of an instrument approach procedure in which alignment and descent for landing are accomplished. Flight crew member. A licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period. Flight data analysis. A process of analysing recorded flight data in order to improve the safety of flight operations. Flight duty period. A period which commences when a flight or cabin crew member is required to report for duty that includes a flight or a series of flights and which finishes when the aeroplane finally comes to rest and the engines are shut down at the end of the last flight on which he/she is a crew member. Flight manual. A manual, associated with the certificate of airworthiness, containing limitations within which the aircraft is to be considered airworthy, and instructions and information necessary to the flight crew members for the safe operation of the aircraft. Flight operations officer/flight dispatcher. A person designated by the operator to engage in the control and supervision of flight operations, whether licensed or not, suitably qualified in accordance with Annex 1, who supports, briefs and/or assists the pilot-in-command in the safe conduct of the flight. 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 458 Official Gazette nº 21bis of 25/05/2015 complementing accident/incident investigation. Flight safety documents system. A set of interrelated documentation established by the operator, compiling and organizing information necessary for flight and ground operations, and comprising, as a minimum, the operations manual and the operator’s maintenance control manual. Flight simulation training device. Any one of the following three types of apparatus in which flight conditions are simulated on the ground: A flight simulator, which provides an accurate representation of the flight deck of a particular aircraft type to the extent that the mechanical, electrical, electronic, etc. aircraft systems control functions, the normal environment of flight crew members, and the performance and flight characteristics of that type of aircraft are realistically simulated; A flight procedures trainer, which provides a realistic flight deck environment, and which simulates instrument responses, simple control functions of mechanical, electrical, electronic, etc. aircraft systems, and the performance and flight characteristics of aircraft of a particular class; A basic instrument flight trainer, which is equipped with appropriate instruments, and which simulates the flight deck environment of an aircraft in flight in instrument flight conditions Flight time — aeroplanes. The total time from the moment an aeroplane first moves for the purpose of taking off until the moment it finally comes to rest at the end of the flight. General aviation operation. An aircraft operation other than a commercial air transport operation or an aerial work operation. Ground handling. Services necessary for an aircraft’s arrival at, and departure from, an airport, other than air traffic services. Head-up display (HUD). A display system that presents flight information into the pilot’s forward external field of view. 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. Human performance. Human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations. Instrument approach operations. An approach and landing using instruments for navigation guidance based on an instrument approach procedure. There are two methods for executing instrument approach operations: a) a two-dimensional (2D) instrument approach operation, using lateral navigation guidance only; and b) a three-dimensional (3D) instrument approach operation, using both lateral and vertical navigation guidance. Instrument approach procedure (IAP). 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 completed and thereafter, if a landing 459 Official Gazette nº 21bis of 25/05/2015 is not completed, to a position at which holding or en-route obstacle clearance criteria apply. Instrument approach procedures are classified as follows: Non-precision approach (NPA) procedure. An instrument approach procedure designed for 2D instrument approach operations Type A. Approach procedure with vertical guidance (APV). A performance-based navigation (PBN) instrument approach procedure designed for 3D instrument approach operations Type A. Precision approach (PA) procedure. An instrument approach procedure based on navigation systems (ILS, MLS, GLS and SBAS Cat I) designed for 3D instrument approach operations Type A or B. 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. Isolated aerodrome. A destination aerodrome for which there is no destination alternate aerodrome suitable for a given aeroplane type. Landing distance available (LDA). The length of runway which is declared available and suitable for the ground run of an aeroplane landing. Large aeroplane. An aeroplane of a maximum certificated take-off mass of over 5 700 kg. 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 endorsed by the head of the maintenance organization which details the maintenance organization’s structure and management responsibilities, scope of work, description of facilities, maintenance procedures and quality assurance or inspection systems. Maintenance programme. A document which describes the specific scheduled maintenance tasks and their frequency of completion and related procedures, such as a reliability programme, necessary for the safe operation of those aircraft to which it applies. Maintenance release. A document which contains a certification confirming that the maintenance work to which it relates has been completed in a satisfactory manner, either in accordance with the approved data and the procedures described in the maintenance organization’s procedures manual or under an equivalent system Master minimum equipment list (MMEL). A list established for a particular aircraft type by the organization responsible for the type design with the approval of the State of Design containing items, one or more of which is permitted to be unserviceable at the commencement of a flight. The MMEL may be associated with special operating conditions, limitations or procedures. Maximum diversion time. Maximum allowable range, expressed in time, from a point on a route to an en-route alternate aerodrome. Maximum mass. Maximum certificated take-off mass. 460 Official Gazette nº 21bis of 25/05/2015 Minimum descent altitude (MDA) or minimum descent height (MDH). A specified altitude or height in a 2D instrument approach operation or circling approach operation below which descent must not be made without the required visual reference.” Minimum equipment list (MEL). A list which provides for the operation of aircraft, subject to specified conditions, with particular equipment inoperative, prepared by an operator in conformity with, or more restrictive than, the MMEL established for the aircraft type. 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: 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. 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 1. Night. The hours between the end of evening civil twilight and the beginning of morning civil twilight or such other period between sunset and sunrise, as may be prescribed by the appropriate authority. 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. 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. Operational flight plan. The operator’s plan for the safe conduct of the flight based on considerations of aeroplane performance, other operating limitations and relevant expected conditions on the route to be followed and at the aerodromes concerned. Operations manual. A manual containing procedures, instructions and guidance for use by operational personnel in the execution of their duties. Operations specifications. The authorizations, conditions and limitations associated with the air operator certificate and subject to the conditions in the operations manual. Operator. A person, organization or enterprise engaged in or offering to engage in an aircraft operation. Operator’s maintenance control manual. A document which describes the operator’s procedures necessary to ensure that all scheduled and unscheduled maintenance is performed on the operator’s aircraft on time and in a controlled and satisfactory manner. 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. 461 Official Gazette nº 21bis of 25/05/2015 Note.— Performance requirements are expressed in navigation specifications (RNAV specification, RNP specification) in terms of accuracy, integrity, continuity, availability and functionality needed for the proposed operation in the context of a particular airspace concept. 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. Point of no return. The last possible geographic point at which an aeroplane can proceed to the destination aerodrome as well as to an available en-route alternate aerodrome for a given flight. Pressure-altitude. An atmospheric pressure expressed in terms of altitude which corresponds to that pressure in the Standard Atmosphere.* Psychoactive substances. Alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded Repair. The restoration of an aeronautical product to an airworthy condition to ensure that the aircraft continues to comply with the design aspects of the appropriate airworthiness requirements used for the issuance of the type certificate for the respective aircraft type, after it has been damaged or subjected to wear. Required communication performance (RCP). A statement of the performance requirements for operational communication in support of specific ATM functions. Required communication performance type (RCP type). A label (e.g. RCP 240) that represents the values assigned to RCP parameters for communication transaction time, continuity, availability and integrity. Rest period. A continuous and defined period of time, subsequent to and/or prior to duty, during which flight or cabin crew members are free of all duties. 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. Safe forced landing. Unavoidable landing or ditching with a reasonable expectancy of no injuries to persons in the aircraft or on the surface. Safety management system (SMS). A systematic approach to managing safety, including the necessary organizational structures, accountabilities, policies and procedures. Small aeroplane. An aeroplane of a maximum certificated take-off mass of 5 700 kg or less. State of Registry. The State on whose register the aircraft is entered. State of the Aerodrome. The State in whose territory the aerodrome is located. 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. Synthetic vision system (SVS). A system to display data-derived synthetic images 462 Official Gazette nº 21bis of 25/05/2015 of the external scene from the perspective of the flight deck Target level of safety (TLS). A generic term representing the level of risk which is considered acceptable in particular circumstances. Threshold time. The range, expressed in time, established by the State of the Operator, to an en-route alternate aerodrome, whereby any time beyond requires an EDTO approval from the Authority. Total vertical error (TVE). The vertical geometric difference between the actual pressure altitude flown by an aircraft and its assigned pressure altitude (flight level). Visual meteorological conditions (VMC). Meteorological conditions expressed in terms of visibility, distance from cloud, and ceiling*, equal to or better than specified minima PART II – GENERAL OPERATIONS REQUIREMENTS Aircraft requirements Registration markings 3. A person shall not operate an aircraft registered in Rwanda or a foreign-registered aircraft in Rwanda airspace unless that aircraft displays the proper markings prescribed in the Civil Aviation (Aircraft Registration and Marking) Regulations. Civil aircraft airworthiness 4. Special certificate of airworthiness 5. Aircraft instruments and equipment 6. Inoperative instruments and equipment 7. (1) A person shall not operate an aircraft unless that aircraft is in an airworthy condition. (2) Subject to sub-regulation (1), a pilot-in-command shall: (a) determine whether an aircraft is in a condition for safe flight; and (b) discontinue a flight when an unairworthy mechanical, electrical or structural condition occurs. A person shall not operate an aircraft with a special certificate of airworthiness except as provided in the limitations issued with that certificate in accordance with the Civil Aviation (Airworthiness) Regulations. (1) A person shall not operate an aircraft unless it is equipped with instruments and equipment appropriate to the type of flight operation conducted and the route being flown and in any case in compliance with the requirements of the Civil Aviation (Instruments and Equipment) Regulations. (2) Aircraft required to be equipped with an airborne collision avoidance system, shall operate in accordance with the relevant provisions prescribed by the Authority (1) A person shall not commence an aircraft flight with inoperative instruments or equipment installed, except as authorized by the Authority; (2) A person shall not operate a multi-engine aircraft in commercial air transport with inoperative instruments and equipment installed unless the following conditions are met: (a) an approved minimum equipment list exists for that aircraft; (b) the Authority has issued operations specifications authorising operations in accordance with an approved minimum equipment list; 463 Official Gazette nº 21bis of 25/05/2015 the flight crew shall have direct access at all times prior to flight to all of the information contained in the approved minimum equipment list through printed or other means approved by the Authority in the operations specifications; an approved minimum equipment list, as authorized by the operations specifications, constitutes an approved change to the type design without requiring recertification. (c) the approved minimum equipment list must: (i) be prepared in accordance with the limitations specified in sub- regulation (4); (ii) provide for the operation of the aircraft with certain instruments and equipment in an inoperative condition; (d) records identifying the inoperative instruments and equipment and the information required by sub-regulation (2)(c)(ii) shall be available to the pilot; (e) the aircraft is operated under all applicable conditions and limitations the operations contained specifications authorising use of the minimum equipment list; the minimum equipment list and in (3) Flight operations with inoperative instruments and equipment installed may be allowed in situations where no master minimum equipment list is available and no minimum equipment list is required for the specific aircraft operation under these Regulations. (4) The inoperative instruments and equipment referred to in sub-regulation (1) shall not be: (a) part of the VFR-day instruments and equipment prescribed in the Civil Aviation (Instruments and Equipment) Regulations; required on the aircraft’s equipment list or the operations equipment list for the kind of flight operation being conducted; required by the Civil Aviation (Instruments and Equipment) Regulations for the specific kind of flight operation being conducted; or required to be operational by an airworthiness directive. (b) (c) (d) (5) The Authority may authorize a person to operate an aircraft with inoperative instruments and equipment where such instruments and equipment are: (a) determined by the pilot-in-command not to be a hazard to safe operation; deactivated and placarded “Inoperative”; and removed from the aircraft, the cockpit control placarded and the maintenance recorded the Civil Aviation in accordance with (Airworthiness) Regulations. (b) (c) (6) Where deactivation of the inoperative instrument or equipment involves maintenance, it shall be accomplished and recorded in accordance with the Civil Aviation (Airworthiness) Regulations. (7) The following instruments and equipment shall not be included in the minimum equipment list: (a) instruments and equipment that are either specifically or otherwise required by the certification airworthiness requirements and which are essential for safe operations under all operating conditions. (b) instruments and equipment required for operable condition by an airworthiness directive, unless the airworthiness directive provides otherwise. (c) instruments and equipment required for specific operations. (8) Notwithstanding sub-regulation (7), an aircraft with inoperative instruments or 464 Aircraft flight manual, marking and placard requirements Required aircraft and equipment inspections Documents to be carried on aircraft Official Gazette nº 21bis of 25/05/2015 equipment may be operated under a special flight permit issued under the Civil Aviation (Airworthiness) Regulations. 8. (1) A person shall not operate an aircraft registered in Rwanda unless there is available in the aircraft: (a) (b) (c) a current, approved aeroplane flight manual or rotorcraft flight manual; or an operations manual approved by the Authority for the air operator certificate holder; if no aeroplane flight manual or rotorcraft flight manual exists, approved manual material, markings and placards, or any combination thereof which provide the pilot-in-command with the necessary limitations for safe operation. (2) A person shall not operate an aircraft within or over Rwanda without complying with the operating limitations specified in the approved aeroplane flight manual or rotorcraft flight manual, markings and placards, or as otherwise prescribed by the aircraft's State of registry. (3) A person operating an aircraft under these Regulations shall display in the aircraft all placards, listings, instrument markings or combination thereof, containing those operating limitations prescribed by the aircraft's State of registry for visual presentation. (4) Each aeroplane flight manual or rotorcraft flight manual shall be updated by implementing changes made mandatory by the State of registry. 9. (1) Unless otherwise authorized by the Authority, a person shall not operate an aircraft registered in Rwanda unless it has had the following inspections: (a) an annual inspection within the past twelve months; (b) a one hundred hour inspection; (c) an altimeter and pitot-static system inspection in the past twelve months; (d) for transponder equipped aircraft, a transponder check within the past twelve months; (e) for emergency locator transmitter-equipped aircraft, an emergency locator transmitter check within the past twelve months. (2) Aircraft for remuneration or hire operations maintained under maintenance and inspection programme approved by the Authority is not required to have current annual or one hundred hour inspections in their maintenance records. 10. (1) A person shall not fly an aircraft unless it carries documents which are required to be carried on board under the law of the State of registry. (2) An aircraft registered in Rwanda shall, when in flight, have on board the documents specified in this regulation, except that if the flight is intended to begin and end at the same aerodrome and does not include passage over the territory of any other State other than Rwanda, the documents may be kept at the aerodrome instead of being carried aboard the aircraft. (3) The documents to be carried in an aircraft are: (a) on a flight for the purpose of commercial air transport: (i) licence in force in respect of the aircraft radio station installed in the aircraft; (ii) the certificate of airworthiness in force in respect of the aircraft; (iii) the licences and certificates of members of the flight crew of the 465 Official Gazette nº 21bis of 25/05/2015 aircraft; (iv) one copy of mass and balance documentation, if any, required with respect to the flight; (v) one copy of the certificate of release to service, if any, in force with respect to the aircraft; (vi) the technical logbook required by these Regulations; (vii) the operations manual, if any, required by these Regulations to be carried on the flight; (viii) aircraft certificate of registration; (ix) aircraft journey logbook; (x) list of passenger names and points of embarkation and disembarkation, if applicable; (xi) cargo manifest including special loads information if applicable; (xii) certified true copy of the air operator certificate (AOC) and a copy of the operations specifications relevant to the aircraft type, issued in conjunction with the certificate; minimum equipment list; (xiii) noise certificate if required; (xiv) aeroplane flight manual or rotorcraft flight manual; (xv) (xvi) category II or III Manual, as applicable; (xvii) operational flight plan; (xviii) filed NOTAMS briefing documentation; (xix) meteorological information; (xx) maps and charts required for the flight and possible diversions; (xxi) forms for complying with the reporting requirements of the Authority and the air operator certificate holder; (xxii) list of special situation passengers; (xxiii) filed air traffic control flight plan; (xxiv) search and rescue information; (xxv) any other document which may be required by the Authority or States concerned with a flight. (b) on a flight which includes passage over a territory of any country other than Rwanda for the purpose of commercial air transport and aerial work: (i) those documents set forth in paragraph (a); (ii) a copy of notified procedure to be followed by pilot-in- command of an intercepted aircraft and the notified visual signals for use by intercepting and intercepted aircraft; and (iii) a general declaration for customs; (c) on a flight for the purpose of aerial work: (i) the licence in force in respect of the aircraft radio station installed in the aircraft; (ii) the certificate of airworthiness in force in respect of the aircraft; (iii) the licences and certificates of members of the flight crew of the aircraft; (iv) the technical logbook required by these Regulations; (v) one copy of the certificate of release to service, if any, in force with respect to the aircraft; (vi) aircraft certificate of registration; and (vii) any other document required by the Authority. (d) on a flight which includes passage over a territory of any country other 466 Official Gazette nº 21bis of 25/05/2015 than Rwanda for the purpose of aerial work: (i) those documents set forth in paragraph (c); (ii) a copy of notified procedure to be followed by pilot-in- command of an intercepted aircraft and the notified visual signals for use by intercepting and intercepted aircraft; (e) on a flight which includes passage over a territory of any country other than Rwanda for the purpose of general aviation: (i) licence in force in respect of the aircraft radio station installed in the aircraft; (ii) the certificate of airworthiness in force in respect of the aircraft; (iii) the licences of members of the flight crew of the aircraft; (iv) the certificate of registration; (v) a copy of notified procedure to be followed by pilot-in- command of an intercepted aircraft and the notified visual signals for use by intercepting and intercepted aircraft; (vi) journey logbook; (vii) if it carries passengers, a list of names, places of embarkation and destination; and (viii) if it carries cargo, a manifext and detailed declarations of the cargo. (f) for the purpose of general aviation flight within Rwanda: (i) the licence in force in respect of the aircraft radio station installed in the aircraft; (ii) the certificate of airworthiness in force in respect of the aircraft; (iii) the licences and certificates of members of the flight crew of the aircraft; (iv) one copy of the certificate of release to service, if any, in force with respect to the aircraft; (v) aircraft certificate of registration; (vi) noise certificate, if required; (vii) aeroplane flight manual or rotorcraft flight manual; (viii) category II or III Manual, as applicable; (ix) filed NOTAMS briefing documentation; (x) forms for complying with reporting requirements of the Authority; (xi) filed air traffic control flight plan; and (xii) any other document required by the Authority. (4) Where the certificate and the associated operations specifications are issued by the State of the Operator in a language other than English, an English translation shall be included Production of documents 11. (1) A pilot-in-command shall, after being requested to do so by an authorized person, produce for examination by that person: (a) the certificates of registration and airworthiness in force in respect of the aircraft; (b) the licences and certificates of crew members, as applicable; and (c) such other documents as required by regulation 10 to be on board the aircraft when in flight. (2) The operator of an aircraft registered in Rwanda shall, after being requested to do so by an authorized person, produce to that person any of the following 467 Official Gazette nº 21bis of 25/05/2015 documents or records requested by that person, being documents or records which are required by or under these Regulations to be in force or to be carried, preserved or made available: (a) licence in force in respect of the aircraft radio station installed in the aircraft; (b) the certificate of airworthiness in force in respect of the aircraft; (c) the certificate of registration in force with respect to the aircraft; (d) the aircraft logbook, engine logbooks and variable pitch propeller logbooks required under these Regulations to be kept; (e) the mass and balance documentation, if any, required to be preserved under these Regulations; (f) any records of flight time, duty periods and rest periods which are require to be preserved by these Regulations, and such other documents and information in the possession or control of the operator, as the authorized person may required for the purpose of determining whether those records are complete and accurate; (g) any operations manuals or other data required to be made available under these Regulations; and (h) the record made by any flight recorder installed under the Civil Aviation (Instruments and Equipment) Regulations. (3) The holder of a licence or certificate granted or rendered valid under the Civil Aviation (Personnel Licensing) Regulations shall, after being requested to do so by an authorized person, produce to that authorized person, his licence, certificate, including any validation thereof. (4) Every person required by the Civil Aviation (Personnel Licensing) Regulations to keep a personal flying log-book shall: (a) keep such records for a period of not less than two years after the date of the last entry therein; and (b) produce it to an authorized person immediately, and in any case not latter than fourteen days after being requested to do so. (1) Subject to sub-regulation (2), a person required by these Regulations to preserve any documents or records by reason of his being the operator of an aircraft shall, if he ceases to be the operator of the aircraft, continue to preserve the documents or records as if he had not ceased to be the operator, and in the event of his death the duty to preserve the documents or records shall fall upon his personal representative. (2) If another person becomes the operator of the aircraft, the first-mentioned operator or his personal representative shall deliver to that person upon demand the certificate of release to service, the logbooks and the mass and balance schedule and any record made by a flight recorder and preserved in accordance with these Regulations which are in force or required to be preserved in respect of that aircraft. (3) If an engine or variable pitch propeller is removed from the aircraft and installed in another aircraft operated by another person the first-mentioned operator or his personal representative shall deliver to that person upon demand the logbook relating to that engine or propeller. (4) If any person in respect of whom a record has been kept by the first- mentioned operator in accordance with these Regulations becomes a flight crew member of an aircraft registered in Rwanda engaged in commercial air transport operations in Rwanda and operated by another person, the first-mentioned 468 Preservation of documents 12. Official Gazette nº 21bis of 25/05/2015 operator or his personal representative shall deliver those records to that other person upon demand. (5) It shall be the duty of the other person referred to in sub-regulations (2), (3) and (4) to deal with the documents or records delivered to him as if he were the first mentioned operator. Insurance 13. (1) A person shall not fly, or cause or commit any other person to fly an aircraft Stowaways 14. unless there is in force an insurance policy in respect of third party risks. (2) The insurance policy for commercial air transport aircraft shall cover insurance in respect of passengers’ liability, cargo, baggage and mail risks. (3) The minimum sum of insurance in respect of any aircraft insured in accordance with sub-regulation (2) shall be notified by the Authority. A person shall not secrete himself in an aircraft for the purpose of being carried in the aircraft without the consent of either the operator or the pilot-in-command thereof or of any other person entitled to give consent to his being carried in the aircraft. 15. Co-ordination of activities potentially hazardous to civil aircraft. (1) A person shall not carry out activities potentially hazardous to civil aircraft whether flying over Rwanda or over the territorial waters of Rwanda without approval from the Authority. (2) Notwithstanding the generalities of sub-regulation (1): (a) a person shall not intentionally project, or cause to be projected, a laser beam or other directed high intensity light at an aircraft in such a manner as to create a hazard to aviation safety, damage to the aircraft or injury to its crew or passengers; (b) a person using or planning to use lasers or other directed high-intensity lights outdoors in such a manner that the laser beam or other light beam may enter navigable airspace with sufficient power to cause an aviation hazard shall provide written notification to the competent authority; (c) a pilot-in-command shall not deliberately operate an aircraft into a laser beam or other directed high-intensity light unless flight safety is ensured and there is a mutual agreement by the operator of the laser emitter or light source, the pilot-in-command and the competent Authority. (3) A person shall not release into the atmosphere any radio active material or toxic chemicals which could affect the safety of aircraft operating within the Rwandan airspace. Power to prohibit or restrict flying or landing or taking off 16. (1) Where the Authority deems it necessary in the public interest to restrict or prohibit: (a) flying over any area of Rwanda or along any route therein; or (b) landing or take-off at any place in Rwanda by reason of: (i) the intended gathering or movement of a large number of persons; (ii) the intended holding of an aircraft race contest or of an exhibition of flying; or (iii) national security or any reason affecting public interest, may make orders prohibiting, restricting or imposing conditions on flight by any aircraft, whether or not registered in Rwanda, in any airspace over 469 Official Gazette nº 21bis of 25/05/2015 Rwanda and by an aircraft registered in Rwanda, in any other airspace, being airspace in respect of which Rwanda has in pursuance of international arrangements undertaken to provide navigation services for aircraft. (2) Orders made under this regulation may apply either generally or in relation to any class of aircraft. (3) It shall be an offence to contravene or permit the contravention of or fail to comply with any Orders made hereunder. (4) If the pilot-in-command becomes aware that he is flying in contravention of any regulation which have been made for any of the reasons referred to in sub- regulation (1)(b)(iii) he shall, unless otherwise instructed pursuant to sub- regulation (5), cause the aircraft to leave the area to which the order relate by flying to the least possible extent over such area and the aircraft shall not begin to descend while over such an area. (5) The pilot-in-command flying either within an area for which Orders have been made for any of the reasons referred to in sub-regulation (1)(b)(iii) or within airspace notified as a danger area shall forthwith comply with instructions given by radio by the appropriate air traffic services unit or by, or on behalf of, the person responsible for safety within the relevant airspace. (6) This regulation does not prevent the Minister in charge of Civil Aviation or the Minister of Defence to issue Orders within their respective jurisdictions based on the reasons referred to in sub-regulations (1)(a) and (1)(b)(iii). (1) A person shall not, within Rwanda: (a) fly a captive balloon or kite at a height of more than 60 m (200 ft) above the ground level or within 60 m (200 ft) of any vessel, vehicle or structure; (b) fly a captive balloon within an aerodrome traffic zone; (c) fly a balloon exceeding 1,83 m (6 ft) in any linear dimension at any stage of its flight, including any basket or other equipment attached to the balloon, in controlled airspace; (d) fly a kite within an aerodrome traffic zone; (e) moor an airship; or (f) fly a free balloon at night, without the permission in writing of the Authority, and in accordance with any conditions subject to which the permission may be granted. (2) A captive balloon when in flight shall not be left unattended unless it is fitted with a device which ensures automatic deflation if it breaks. (3) An unmanned free balloon shall be operated in such a manner as to minimise hazards to persons, property or other aircraft. Balloons, kites and airships 17. PART III - AIRCRAFT MAINTENANCE REQUIREMENTS Aircraft maintenance requirements 18. (1) An owner, or in the case where it is leased, a lessee, or an air operator certificate holder of an aircraft shall ensure that : (a) the aircraft is maintained in an airworthy condition, including compliance with all airworthiness directives; (b) the operational and emergency equipment necessary for the intended flight is serviceable; (c) the certificate of airworthiness remains valid; and 470 Maintenance responsibility Official Gazette nº 21bis of 25/05/2015 (d) the maintenance and release to service of the aeroplane is performed in accordance with the maintenance programme of, and under a system acceptable to, the State of registry.. (2) A person shall not perform maintenance, preventive maintenance, or alterations on an aircraft other than as prescribed in this Part, in the Civil Aviation (Airworthiness) Regulations and in the Civil Aviation (Approved Maintenance Organization) Regulations (3) A person shall not operate an aircraft for which a manufacturer’s maintenance manual or instructions for continued airworthiness has been issued that contains an airworthiness limitations section unless the mandatory replacement times, inspection intervals and related procedures set out in operations specifications approved by the Authority. (4) An owner, or in the case where it is leased, a lessee, or an air operator certificated holder of an aeroplane over 5,700 kg maximum certificated take-off mass shall, as prescribed by the State of registry, ensure that the information resulting from maintenance and operational experience with respect to continuing airworthiness, is transmitted, as required by regulation 22 of the Civil Aviation (Airworthiness) Regulations; Air Operator Certificate Holder 19. (1) An air operator certificate holder shall ensure the airworthiness of its aircraft and the serviceability of both operational and emergency equipment by: (a) (b) carrying out preflight inspections; correcting any defect or damage affecting safe operation of the aircraft to an approved standard, taking into account the minimum equipment list and configuration deviation list if available for the aircraft type; carrying out maintenance on the aircraft in accordance with the approved operator's aircraft maintenance programme; analysing of the effectiveness of the air operator certificate holder's approved aircraft maintenance programme; effecting the provisions of any operational directive, airworthiness directive and any other continued airworthiness requirement made mandatory by the Authority; and carrying out modifications in accordance with an approved standard and establishing an embodiment policy for non-mandatory modifications. (c) (d) (e) (f) (2) An air operator certificate holder shall ensure that the certificate of airworthiness for each aircraft operated remains valid in respect of: (a) (b) (c) the requirements specified in sub-regulation (1); the expiry date of the certificate of airworthiness; and any other maintenance condition specified in airworthiness. the certificate of (3) An air operator certificate holder shall ensure that the requirements specified in sub-regulation (1) are performed in accordance with procedures approved by or acceptable to the Authority. (4) An air operator certificate holder shall ensure that the maintenance, preventive maintenance and modification of its aircraft or aircraft component are performed in accordance with its maintenance control manual or current instructions for continued airworthiness and applicable civil aviation regulations. (5) An air operator certificate holder shall employ a person or group of persons to ensure that all maintenance is carried out in accordance with the maintenance 471 Official Gazette nº 21bis of 25/05/2015 control manual. (6) An air operator certificate holder may make an arrangement with another person for the performance of any maintenance, preventive maintenance or modifications but shall remain responsible for all work performed under the arrangement. (7) Operators shall ensure that, in accordance with procedures acceptable to the Authority, the operational and emergency equipment necessary for the intended flight is serviceable. (8) The owner of an aeroplane, or in the case where it is leased, the lessee, shall ensure that the certificate of airworthiness of the aeroplane remains valid in accordance with procedures acceptable to the Authority. 20. (1) Except for pre-flight inspections, an air operator certificate holder shall not operate an aircraft: (a) (b) registered in Rwanda, unless it is maintained in an airworthy condition and released to service by an approved maintenance organization approved in accordance with the Civil Aviation (Approved Maintenance Organization) Regulations; and of foreign registry, unless it is maintained in an airworthy condition and released to service in accordance with a system approved by the State of registry in which the person signing the maintenance release is licensed in accordance with the latest effective edition of Annex I – Personnel Licensing to the Chicago Convention, and is acceptable to the Authority; Approval and acceptance of air operator certificate maintenance systems Maintenance control manual 21. (2) The State of registry may transfer some or all its responsibility for foreign registered aircraft operating in Rwanda under an agreement entered into pursuant to

Article 83bis of the Chicago Convention. (1) An air operator certificate holder shall provide to the Authority, and to the State of registry of the aircraft, if different from the Authority, the air operator certificate holder's maintenance control manual and subsequent amendments, for the use and guidance of maintenance and operational personnel concerned, having a design that observe Human Factors principles, and containing details of the organization’s structure including: (a) the procedures to be followed to satisfy the maintenance responsibility (b) (c) required under regulation 19; the procedures for the reporting of failures, malfunctions, and defects in accordance with the Civil Aviation (Airworthiness) Regulations to the Authority, State of registry and the State of design within seventy two hours of discovery; items that warrant immediate notification to the Authority by telephone, telex or fax, with a written follow-on report as soon as possible but no later than within seventy two hours of discovery, which are- (i) primary structural failure; (ii) control system failure; (iii) fire in the aircraft; (iv) engine structure failure; or (v) any other condition considered an imminent hazard to safety. (2) An air operator certificate holder’s maintenance control manual shall contain the following information which may be issued in separate parts: (a) a description of the administrative agreements between the air operator 472 Official Gazette nº 21bis of 25/05/2015 (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) certificate holder and an approved maintenance organization; a description of the maintenance procedures and the procedures for completing and signing the certificate of release to service; a description of the procedures to ensure each aircraft an air operator certificate holder operates is in an airworthy condition; a description of the procedures to ensure the operational emergency equipment for each flight is serviceable; the names and duties of the person or persons required to ensure that all maintenance is carried out in accordance with the maintenance control manual; a reference to the maintenance programme; a description of the methods for completion and retention of the operator’s maintenance records required by regulation 26; a description of the procedures for monitoring, assessing and reporting maintenance and operational experience for all aircraft 5,700kg and above and helicopters 3,180kg and above maximum certificated take-off mass, providing the information as prescribed by the State of registry and reporting through the system specified in regulation 15 of the Civil Aviation (Airworthiness) Regulations; a description of the procedures for obtaining and assessing continued airworthiness information and implementing any resulting actions for all aircraft 5,700kg and above and helicopters 3,180kg and above maximum certificated take-off mass, from the organization responsible for the type design, and shall implement such actions considered necessary by the State of registry; a system of ensuring that any fault, malfunctions, defects and other occurrences that cause or might cause adverse effects on the continuing airworthiness of aeroplanes 5,700kg and above and helicopters 3,180kg and above maximum certificated take-off mass shall be transmitted to the organization responsible for the type design of that aeroplane or helicopter; a description of the procedures for implementing mandatory continuing airworthiness information; a description of establishing and maintaining a system of analysis and the continued monitoring of maintenance programme in order to correct any deficiency in that programme; a description of aircraft and helicopters types and models to which the manual applies; a description of procedures for ensuring that unserviceabilities affecting airworthiness are recorded and rectified; and a description of the procedures for advising the State of registry and the State of the operator of significant in-service occurrences. the performance and efficiency of (3) An air operator certificate holder shall not provide for use of its personnel in commercial air transport, a maintenance control manual or its part that has not been reviewed and approved by the Authority. (4) An air operator certificate holder shall ensure that (a) his maintenance control manual is amended as necessary, to keep the information contained therein up to date; and (b) copies of all amendments to the maintenance control manual is furnished promptly to all organizations or persons to whom the manual has been issued. 473 Maintenance management Quality system: maintenance Official Gazette nº 21bis of 25/05/2015 (5) An air operator certificate holder or applicant for an air operator certificate shall submit and maintain a maintenance control manual containing at least the information set out in the second schedule to these regulations and any other information requested by the State of registry or the Authority. 22. (1) An air operator certificate holder, approved as an approved maintenance organization, may carry out the requirements in regulation 19. (2) An air operator certificate holder shall employ a person or a group of persons, acceptable to the Authority, to ensure that all maintenance is carried out on time to an approved standard such that the maintenance requirements of regulation 19 and requirements of the air operator certificate holder's maintenance control manual are satisfied, and to ensure the functioning of the quality system. (3) An air operator certificate holder shall provide suitable office accommodation at appropriate locations for the personnel specified in sub-regulation (2). (4) Where an air operator certificate holder is not an approved maintenance organization, the air operator certificate holder shall make arrangements with an approved maintenance organization to carry out the requirement of regulation 19. (5) The arrangement made pursuant to sub-regulation (4) shall be in the form of a written maintenance contract between the air operator certificate holder and the approved maintenance organization detailing the required maintenance functions ad defining the support of the quality functions approved or accepted by the Authority. 23. (1) For maintenance purposes, an air operator certificate holder's quality system shall: (a) include at least the following functions- (i) monitoring that the activities of regulation 19 are being performed in accordance with the accepted procedures; (ii) ensure that all contracted maintenance is carried out in accordance with the contract; (iii) monitoring the continued compliance with the requirements of these Regulations; and (iv) monitoring compliance with, and adequacy of, procedures required to ensure safe maintenance practices, airworthy aircraft and aircraft components. shall include a quality assurance programme that contains procedures designed to verify that all maintenance operations are being conducted in accordance with all applicable requirements, standards and procedures. (b) (2) Compliance monitoring as referred to in sub-regulation (1) shall include a feed- back system to the accountable manager to ensure corrective action as necessary. (3) Where an air operator certificate holder is also an approved maintenance organization, the air operator certificate holder's quality management system may be combined with the requirements of an approved maintenance organization and submitted for approval and acceptance to the Authority, and State of registry for aircraft not registered in Rwanda. (4) An air operator certificate holder shall establish a plan acceptable to the Authority indicating when and how often the activities as required in regulation 19 may be monitored. (5) Reports shall be made upon completion of monitoring of activities including details of discrepancies of non-compliance with procedures or requirements. (6) The feedback part of the system shall specify the person responsible for rectifying discrepancies and non-compliance in each particular case, the procedure to be 474 Official Gazette nº 21bis of 25/05/2015 followed if rectification is not completed within appropriate time scales, and a system of reporting to the accountable manager. (7) To ensure effective compliance with this regulation, an air operator certificate holder or an applicant for an air operator certificate shall carry out: (a) product sampling - the part inspection of a representative sample of the aircraft fleet; (b) defect sampling - the monitoring of defect rectification performance; (c) concession sampling - the monitoring of any concession not to carry out maintenance on time; (d) on time maintenance sampling - the monitoring of when flying hours, calendar time and flight cycles, of the aircraft and the components are brought in for maintenance; and sample reports of unairworthy conditions and maintenance errors on aircraft and components. (e) Technical logbook 24. (1) An air operator certificate holder shall ensure that every aircraft registered in Rwanda used for commercial air transport or aerial work maintains a technical logbook. (2) The following particulars shall be entered in the technical logbook: (a) (b) (c) (d) (e) a title page with the name and address of the operator, the aircraft type, and registration marks; details relating to the current certificate of release to service ; details relating to the next inspection on the approved maintenance schedule; a section containing sector record pages, each page being serially numbered with the operator’s name printed thereon and having a provision for recording the following- (i) (ii) date, place and time of take-off and landing; (iii) particulars of any defect experienced on the aircraft; (iv) aircraft type, serial number and registration marks; the fuel and oil quantities on arrival and quantities uplifted in each tank; a certificate of release to service in respect of any work performed for the purpose of rectifying defects; the running total of flying hours, such that the hours to the next scheduled inspection can be easily determined; (v) (vi) (vii) provision for pre-flight and daily inspection signatures; a readily identifiable section containing a record of deferred defects with serially numbered pages and the operator’s name printed thereon including a provision for recording the following: (i) a cross-reference for each deferred defect such that the original defect together with brief related details can be clearly identified in the sector record section; (ii) the original date of occurrence of the deferred defect, together with brief related details; (iii) a cross-reference for each deferred defect such that the action in respect of such deferred defect can be clearly identified in the sector record section. the number of landings, flight pressure cycles or engine cycles as specified for that aircraft; (f) (g) any other details as the Authority may require. (3) The technical log and any subsequent amendment shall be approved by the Authority. 475 Official Gazette nº 21bis of 25/05/2015 Technical logbook entries 25. (1) At the end of every flight, the pilot-in-command shall enter, sign and date the following information in a technical logbook: (a) (b) the times when the aircraft took off and landed; and particulars of any defect which is known to him and which affects the airworthiness or safe operation of the aircraft, or if no such defect is known to him, an entry to that effect. (2) Notwithstanding sub-regulation (1), in the case of a number of consecutive flights each of which begins and ends: (a) (b) within the same period of 24 hours; at the same aerodrome except where each such flight is for the purpose of dropping or projecting any material for agricultural, public health or similar purposes; and with the same person as the pilot-in-command, the pilot-in-command may, except where he becomes aware of a defect during an earlier flight, make the entries in a technical logbook at the end of the last of such consecutive flights. (c) (3) Upon the rectification of any defect which has been entered in a technical logbook a person signing a maintenance release in respect of that defect shall enter the release in the technical logbook in such a position as to be readily identifiable with the defect to which it relates. (4) An air operator certificate holder shall have in the approved operations manual a procedure for keeping adequate copies of technical logbook to be carried on board the aircraft in a place readily accessible to each flight crew member Maintenance records 26. (1) An air operator certificate holder shall ensure that a system has been established to keep the following records, in a form acceptable to the Authority: (a) the total time in service in hours, calendar time and cycles, as appropriate, of the aircraft and all its life-limited components, and since last overhaul of the aircraft or its components subject to mandatory overhaul life, with appropriate details of modifications and repairs to the aircraft and its major components; (i) the entire aircraft to include: (aa) total time in service indicated in hours, calendar time and cycles, as appropriate, of the aircraft and all life limited parts; (bb) current inspection status of the aircraft, including the time since required or approved inspections were last performed, the current aircraft status of compliance with the maintenance programme; (cc) current empty mass and the location of the centre of gravity when empty; (dd) addition or removal of equipment; (ee) type and extent of maintenance and alteration, including the time in service and date; (ff) when work was performed; and (gg) a chronological list of compliance with airworthiness directives issued in accordance with the Civil Aviation (Airworthiness) Regulations, including methods of compliance, and the current status of continuing airworthiness information;; compliance with all mandatory (ii) life-limited products: 476 Official Gazette nº 21bis of 25/05/2015 (aa) total time in service; (bb) date of the last overhaul; (cc) time in service since the last overhaul; and (dd) date of the last inspection. (iii) instruments and equipment, the serviceability and operating life of which are determined by their time in service: (aa) records of the time in service as are necessary to determine their serviceability or to compute their operating life; and (bb) date of last inspection. (b) the detailed maintenance records to show that all requirements for signing of a certificate of release to service have been met; and (c) technical logbook records. (2) An air operator certificate holder shall ensure that: (a) (b) (c) (d) (e) the records specified in sub-regulation (1)(a) are kept for a minimum period of ninety days after the unit to which they refer has been permanently withdrawn from service; the records referred to in sub-regulation (1)(b) are kept for a minimum of one year after the signing of the certificate of release to service; the records referred to in sub-regulation (1)(c) are retained for a minimum of one year after the date of the last entry; in the event of temporary change of operator, the records specified in sub- regulation (1) are made available to the new operator. when an aircraft is permanently transferred from one operator to another operator, the records specified in sub-regulation (1) are also transferred. (1) An air operator certificate holder shall not operate an aircraft unless it is maintained and released to service by an organization approved in accordance with the Civil Aviation (Approved Maintenance Organization) Regulations acceptable to the State of Registry. (2) The certificate of release to service shall be issued in accordance with the air operator certificate maintenance control manual procedures. (3) An air operator certificate holder shall not operate an aircraft after release under sub-regulation (1) unless an appropriate entry is made in accordance with the air operator certificate maintenance control manual procedures acceptable to the Authority. (4) An air operator certificate holder shall give a copy of the certificate of release to service for the aircraft to the pilot-in-command or ensure that an entry noting the release is made in the technical logbook. (5) The owner or the lessee shall not operate the aeroplane unless it is maintained and released to service under a system acceptable to the State of Registry (1) All modifications or repairs to an aircraft shall be made in compliance with the airworthiness requirements acceptable to the Authority. Procedures shall be established to ensure that the substantiating data supporting compliance with airworthiness requirements are retained. (2) An owner of an aircraft, or in the case where it is leased, the lessee, or air operator certificate holder, shall: (a) establish the procedures to ensure that records supporting compliance with the airworthiness requirements are retained; (b) ensure that major repair or major modification is carried out in accordance with technical data approved by the Authority; 477 27. Release to service: maintenance section records of the technical logbook Modification or repairs to aircraft 28. Aircraft maintenance programme 29. Official Gazette nº 21bis of 25/05/2015 (c) promptly, upon completion of a major modification or major repair, prepare a report of each major modification or major repair of an airframe, aircraft engine, propeller or appliance of an aircraft; and (d) submit a copy of each report of a major modification to the Authority and keep a copy of each report of a major repair available for inspection. (2) (1) An air operator certificate holder shall provide, for the use and guidance of maintenance and operational personnel concerned, a maintenance programme, and any of its subsequent amendments, submitted to the Authority for approval, provided that the design and application of the maintenance programme observe Human Factors principles. In the case of the foreign registered aircraft the maintenance programme shall be approved by the State of registry and may be subsequently accepted by the Authority. In addition to the requirement of a maintenance programme for aircraft operated by an air operator certificate holder, an aircraft with maximum takeoff mass above 13,310 kg shall include a reliability programme in the maintenance programme. (3) (4) Where a determination is made by the Authority under sub-regulation (3), an air operator certificate holder shall provide the procedures and information in the maintenance control manual. (5) An air operator certificate holder shall ensure that each aircraft is maintained in accordance with the approved maintenance programme which shall include: (a) maintenance tasks and the intervals in which these are to be performed, taking into account the anticipated utilisation of the aircraft; (b) where applicable, a continuing structural integrity programme; (c) procedures for changing or deviating from sub-paragraphs (a) and (b); and (d) where applicable, condition monitoring and reliability programme, descriptions for aircraft systems, components and engines. (6) The Authority may amend any operation specifications issued to an air operator certificate holder to permit deviation from those provisions of this Part that would prevent the return to service and use of airframe components, engines., appliances, and spare parts because the airframe components, engines., appliances and spare parts have been maintained, altered, or inspected by persons employed outside Rwanda who do not hold a Rwanda maintenance engineer’s licence. (7) An air operator certificate holder who is granted authority under this deviation shall provide for surveillance of facilities and practices to assure that all work performed on the airframe components, engines., appliances and spare parts specified in sub-regulation (6) is accomplished in accordance with an air operator certificate holder’s maintenance control manual. (8) Maintenance tasks and intervals that have been specified as mandatory in approval of the type design shall be identified as such. (9) The maintenance programme shall be based on maintenance programme information made available by the State of design or by the organization responsible for the type design, and any additional applicable information, documentation or experience. (10) A person shall not provide for use of its personnel in commercial air transport a maintenance programme or portion thereof which has not been reviewed and approved for the air operator certificate holder by the Authority. (11) An air operator certificate holder shall ensure that copies of all amendments to the maintenance programme is furnished promptly to all organizations or persons to 478 Official Gazette nº 21bis of 25/05/2015 which the maintenance programme has been issued. (12) Approval of an air operator certificate holder's maintenance programme and any subsequent amendments shall be noted in the operations specifications. (13) The owner or the lessee shall ensure that the maintenance of the aeroplane is performed in accordance with a maintenance programme acceptable to the State of Registry An air operator certificate holder shall have an inspection programme and a programme covering other maintenance, preventive maintenance, and modifications to ensure that: (a) maintenance, preventive maintenance and modifications are performed in accordance with an air operator certificate holder's maintenance control manual; (b) each aircraft released to service is airworthy and has been properly maintained for operation. Inspection programme 30. 31. Maintenance, preventive maintenance and modifications An air operator certificate holder may make arrangements with an appropriately rated approved maintenance organization for the performance of maintenance, preventive maintenance, or modifications of any aircraft, airframe, aircraft engine, propeller, appliance, or component, or part thereof as provided in its maintenance programme and maintenance control manual. Maintenance requirements for others than air operator certificate holder Maintenance required 32. (1) (2) Inspections 33. (1) (2) This regulation and regulations 33, 34, 35, 36, 37(1) and 38 do not apply to aircraft maintained in accordance with an approved maintenance programme as required under the Civil Aviation (Airworthiness) Regulations, the Civil Aviation (Air Operators Certification and Administration) Regulations and regulations 18 to 31 of these Regulations. An owner, lessee or operator of an aircraft shall: (a) have that aircraft inspected as prescribed in these Regulations, and discrepancies noted and the equipment repaired as prescribed in the Civil Aviation (Airworthiness) Regulations; repair, replace, remove, modify, overhaul or inspect any inoperative instruments or equipment at the next required inspection, except when permitted under the provisions of a minimum equipment list or configuration deviation list; (b) (c) ensure that a placard has been installed on the aircraft when listed discrepancies include inoperative instruments or equipment; and ensure that maintenance personnel make appropriate entries in the aircraft maintenance records indicating the aircraft has been approved for return to service. (d) inspection in accordance with Except as provided in sub-regulation (4), a person shall not operate an aircraft unless, within the proceeding twelve months, the aircraft has had: (a) an annual the Civil Aviation (Airworthiness) Regulations and has been approved for return to service by a person authorized under the Civil Aviation (Airworthiness) Regulations; an inspection for issuance or renewal of an airworthiness certificate in accordance with the Civil Aviation (Airworthiness) Regulations. Except as provided in sub-regulation (4), a person shall not operate an aircraft carrying any person, other than a crew member, for hire or reward or give flight (b) 479 Official Gazette nº 21bis of 25/05/2015 (b) in accordance with instruction for hire unless within the preceding 100 hours of time in service the aircraft has received an: (a) annual or 100-hour inspection and has been approved for return to service the Civil Aviation (Airworthiness) Regulations; or inspection for the issuance or renewal of an airworthiness certificate in accordance with the Civil Aviation (Airworthiness) Regulations. The 100-hour limitation referred to in sub-regulation (2) may be exceeded by not more than 10 hours while en-route to reach a place where the inspection can be done and the excess time taken to reach a place where the inspection is to be done shall be included in computing of the next 100 hours of time in service. The provisions of sub-regulations (1) and (2) shall not apply to: (a) aircraft that is operating under special certificate of airworthiness or special flight permit. an aircraft subject to the requirements of sub-regulation (1) and (6) of regulation 34. (b) (c) A turbine-powered rotorcraft when the operator selects to inspect that rotorcraft in accordance with sub-regulation (6) of regulation 34. (b) A registered owner, lessee or operator of an aircraft who intends to use a progressive inspection program shall submit a written request to use the programme to the Authority, and shall: (a) identify a licensed aircraft maintenance engineer with appropriate type ratings in accordance with the Civil Aviation (Personnel Licensing) Regulations, an approved maintenance organization appropriately rated the Civil Aviation (Approved Maintenance in accordance with Organization) Regulations, or the manufacturer of the aircraft to supervise or conduct the progressive inspection; provide a current inspection procedures manual available and readily understandable to the pilot and maintenance personnel containing, in detail: (i) (ii) (iii) an explanation of the progressive inspection, including the continuity of inspection responsibility, the making of reports, and the keeping of records and technical reference material; an inspection schedule, specifying the intervals in hours or days when routine and detailed inspections shall be performed and including instructions for exceeding an inspection interval by not more than 10 hours while en-route and for changing an inspection interval because of service experience; sample routine and detailed inspection forms and instructions for their use; and (iv) sample reports and records and instructions for their use; provide enough housing and equipment for necessary disassembly and proper inspection of the aircraft; and (d) provide appropriate current technical information for the aircraft. The frequency and detail of the progressive inspection referred to in sub- regulation (1) shall provide for the complete inspection of the aircraft within each 12 months and be consistent with the current manufacturer's recommendations, field service experience, and the kind of operation in which the aircraft is engaged. The progressive inspection schedule shall conform to all applicable aircraft (c) 480 (3) (4) Progressive inspection 34. (1) (2) (3) Official Gazette nº 21bis of 25/05/2015 specifications, type data sheets, airworthiness directives and other approved data acceptable to the Authority. (5) (4) Where the progressive inspection is discontinued, the owner or operator shall immediately notify the Authority in writing, after which the first annual inspection under these Regulations will be due within 12 months after the last complete inspection of the aircraft under the progressive inspection and the 100-hour inspection under regulation 33(2)(a) shall be due within 100 hours after that complete inspection. A complete inspection of the aircraft, for the purpose of determining when the annual and 100-hour inspections are due, shall be detailed inspection of the aircraft and all its components in accordance with the progressive inspection and a routine inspection of the aircraft and a detailed inspection of several components is not considered to be a complete inspection. The registered owner or operator of a large aircraft, turbojet multi-engine aeroplane, turbo propeller-powered multi-engine aeroplane and turbine powered rotorcraft shall select and use the following programmes for inspection of the aircraft: (a) (b) a current inspection programme recommended by manufacturer; a maintenance programme for that make and model of aircraft currently approved by the Authority for use by an air operator certificate holder; or any other inspection programme developed by the operator and approved by the Authority. (6) (c) (7) (8) (9) An owner, lessee or operator of a large aeroplane shall include in the selected programme, the name and address of the person responsible for the scheduling of the inspections required by the programme, and provide a copy of the programme to the person performing inspection on the aeroplane. An aircraft shall not be approved for return to service unless the replacement times for life-limited parts specified in the aircraft specification-type data sheets are complied with and the aircraft, including airframe, engines, propellers, rotors, appliances, and survival and emergency equipment, is inspected in accordance with an inspection programme selected. A person wishing to establish or change an approved inspection programme shall submit the programme to the Authority for approval and shall in writing, include: (a) instructions and procedures for the conduct of inspection for the particular make and model of the aircraft, including necessary tests and checks and these instructions shall set forth in detail the parts and areas of the aircraft or aircraft component including survival and emergency equipment required to be inspected; and a schedule for the inspections that shall be performed expressed in terms of time in service, calendar time, cycles of operations or any combination of these. (b) (10) Where an owner, lessee or operator changes from one inspection programme to another, the operator shall apply the time in service, calendar times, or cycles of operation accumulated under the previous programme, in determining time the inspection is due under the new programme. 35. Changes to aircraft maintenance (1) Whenever the Authority finds that revisions to an approved inspection programme are necessary for the continued adequacy of the programme, the owner, lessee or operator of the aircraft shall, after notification by the 481 Official Gazette nº 21bis of 25/05/2015 programmes (2) (3) Authority, make any changes found to be necessary in the programme. An owner, lessee or operator of an aircraft may petition the Authority to reconsider the requirements contained in the notice, within thirty days after receiving that notice. Except in the case of an emergency requiring immediate action in the interest of safety, the Authority shall take no action until it is able to make a final decision on the petition to reconsider the notice as submitted by the operator to the Authority. 36. (1) Inspections: all other aircraft (2) A person shall not operate an aircraft not used in commercial air transport unless within the preceding twelve months the aircraft has been: (a) inspected in accordance with the Civil Aviation (Airworthiness) Regulations and approved for return to service by an authorized person; and issued a certificate of airworthiness by the Authority. (b) A person shall not operate an aircraft for flight instruction or for compensation, hire or reward unless within the preceding 100 hours of time in service the aircraft has been inspected in accordance with the Performance Rules of the Civil Aviation (Airworthiness) Regulations and approved for return to service by an authorized person. Maintenance records 37. (1) The owner, lessee or operator of an aircraft shall keep a maintenance record of: (a) the entire aircraft to include: (i) total time in service indicated in hours, calendar time and cycles, as appropriate, of the aircraft and all life limited parts; (ii) current inspection status of the aircraft, including the time since required or approved inspections were last performed; (iii) current empty mass and the location of the centre of gravity when empty; (iv) addition or removal of equipment; (v) type and extent of maintenance and alteration, including the time in service and date; (vi) when work was performed; and (vii) a chronological list of compliance with airworthiness directives issued in accordance with the Civil Aviation (Airworthiness) Regulations, including methods of compliance; (b) (c) total time in service; date of the last overhaul; time in service since the last overhaul; and date of the last inspection. life-limited products: (i) (ii) (iii) (iv) instruments and equipment, the serviceability and operating life of which are determined by their time in service: (i) records of the time in service as are necessary to determine their serviceability or to compute their operating life; and (ii) date of last inspection. (2) Subject to sub-regulation 38(3), in case of general aviation operations only, the owner of the aircraft, or, where it is leased, the lessee, shall ensure that a system has been established to keep the following records, in a form acceptable to the Authority: (a) the total time in service (hours, calendar time and cycles, as appropriate) of 482 Official Gazette nº 21bis of 25/05/2015 the aircraft and all life limited components; (b) the current status of compliance with all mandatory continuing airworthiness information; (c) appropriate details of modifications and repairs; (d) the time in service (hours, calendar time and cycles, as appropriate) since last overhaul of the aircraft or its components, subject to a mandatory overhaul life; (e) the current status of the aircraft’s compliance with the maintenance programme; and (f) the detailed maintenance records to show that all requirements for signing a maintance release are met. Except for records maintained by an air operator certificate holder, a registered owner, lessee or operator of an aircraft shall retain the following records until the work is repeated or superseded by other work of equivalent scope and detail, or for one year after the subject to which they refer has been permanently withdrawn from service: (a) the maintenance, preventive maintenance, minor records of modifications, and records of the 100-hour, annual, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft to include: (i) a description or reference to data acceptable to the Authority, of the work performed; the date of completion of the work performed; and the signature and licence number of the person approving the aircraft for return to service. (ii) (iii) (b) (v) (ii) (iv) (iii) records containing the following information: (i) the total time-in-service of the airframe, each engine, each propeller, and each rotor; the current status of all life-limited aircraft or aeronautical product; the time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis; the current inspection status of the aircraft, including the time since the last inspection required by the inspection programme under which the aircraft and its appliances are maintained; the current status of applicable airworthiness directives including, for each, the method of compliance, the airworthiness directive number, and revision date; and if the airworthiness directive involves recurring action, the time and date when the next action is required; and copies of the forms for each major modification to the airframe and currently rotors, propellers, and appliances. An owner or operator of an aircraft shall: (a) retain a list of defects on the aircraft until the defects are repaired and the aircraft is approved for return to service; and avail all maintenance records required by this regulation to the Authority for inspection. installed engines, (vi) (b) 38. (1) Maintenance records retention (2) (3) An owner or a lessee to which sub-regulation 37(2) applies shall ensure that: 483 Official Gazette nº 21bis of 25/05/2015 (a) (b) (c) the records specified in sub-regulation 37(2)(a) to (e) are kept for a minimum period of ninety days after the unit to which they refer has been permanently withdrawn from service; the records referred to in sub-regulation 37(2)(f) are kept for a minimum of one year after the signing of the certificate of release to service in the event of temporary change of lessee, the records specified in sub- regulation 38(3) are made available to the new operator. (d) when an aircraft is permanently transferred from one owner or lessee to another owner or lessee, the records specified in sub-regulation 38(3) are also transferred. 39. Transfer of maintenance records An owner and who sells or leases an aircraft registered in Rwanda shall transfer to the purchaser or lessor, at the time of sale or lease, the records identified in regulation 26 and 37 for that aircraft, in plain language form or in coded form at the election of the purchaser or lessor if the coded form provides for the preservation and retrieval of information in a manner acceptable to the Authority. Composition of flight crew 40. PART IV- FLIGHT CREW REQUIREMENTS (1) An aircraft shall not fly unless it carries a flight crew of the number and description required by the law of the State of registry. (2) An aircraft registered in Rwanda shall carry a fight crew adequate in number and description to ensure the safety of the aircraft and of at least the number and description specified in the aircraft flight manual or other documents associated with the certificate of airworthiness. (3) The number and composition of the flight crew of an aircraft registered in Rwanda and flying for the purpose of commercial air transport operations, shall not be less than that number specified in the operator’s operations manual. (4) The flight crew shall include flight crew members in addition to the minimum number specified in the aircraft flight manual or other documents associated with the certificate of airworthiness, when necessitated by considerations related to the type of aircraft used, the type of operation involved and the duration of flight between points where flight crews are changed. (5) An aircraft registered in Rwanda and flying for the purpose of commercial air transport operations, having a maximum mass of 5,700kg or more shall carry not less than two pilots as members of the flight crew thereof. (6) Without prejudice to the preceding provisions of this regulation, an operator shall ensure that: (a) all flight crew members hold an applicable and valid licence acceptable to the Authority and are suitably qualified and competent to conduct the duties assigned to them; (b) procedures are established, acceptable to the Authority, to prevent the crewing together of inexperienced flight crew members; (c) one pilot amongst the flight crew, qualified as a pilot-in-command is designated as the pilot-in-command who may delegate the conduct of the flight to another suitably qualified pilot; and (d) when a separate flight engineer station is incorporated in the design of the aeroplane or rotorcraft,, the flight crew includes at least one flight engineer especially assigned to that station, unless the duties associated with that station can be satisfactorily performed by another flight crew member, holdig a flight engineer licence, without interference with regular duties; 484 Official Gazette nº 21bis of 25/05/2015 (e) the flight crew include at least one member who holds a valid licence, issued or rendered valid by the State of registry, authorizing operation of the type of radio transmitting equipment to be used; and (f) . the flight crew include at least one member who holds a valid flight navigator licence in all operations where, as determined by the State of the operator, navigation necessary for the safe conduct of the flight cannot be adequately accomplished by the pilots from the pilot station. 41. (1) A person shall not conduct a single pilot operation under the instrument flight rules or at night unless the operation is approved by the Authority and: (a) (b) (c) the flight manual does not require a flight crew of more than one; the aeroplane is propeller-driven; the maximum approved passenger seating configuration of the aeroplane is not more than nine; the maximum certificated take-off mass of the aeroplane is 5,700 kg or less; the aeroplane is equipped as described in sub-regulation (3); and the pilot has satisfied requirements of experience, training, checking and recency as prescribed by regulation 44. (d) (e) (f) Operations under IFR or at night (2) Notwithstanding the provisions of sub-regulation (1) (c) the Authority may approve a single pilot operation under instrument flight rules (IFR) or at night for an aeroplane with a passenger seating configuration of more than nine if the aeroplane, in addition to meeting the requirements of sub-regulations (1) (a), (b), (d), (e) and (f), is type certificated for operation by a single pilot. (3) A person conducting a single pilot operation under the IFR or at night shall ensure that the aeroplane is equipped with: (a) a serviceable autopilot that has at least altitude hold and heading select modes; (b) a headset with a boom microphone or equivalent; and (c) means of displaying charts that enables them to be readable in all ambient light conditions. (4) A helicopter which has a minimum approved seating configuration of nine and which is flying for the purpose of commercial air transport operations in circumstances where the pilot-in-command is required to comply with instrument flight rules or which is flying by night shall carry not less than two pilots as members of the flight crew thereof unless it is equipped with an autopilot with, at least, altitude hold and heading mode which is serviceable on take-off; (5) A helicopter described in sub-regulation (3) which is equipped with an approved autopilot shall not be required to carry two pilots notwithstanding that before take- off the approved autopilot is found to be unserviceable, if the helicopter flies in accordance with arrangements approved by the Authority. (1) A flight shall not be continued towards the heliport of intended landing, unless the latest available information indicates that at the expected time of arrival, a landing can be effected at that heliport, or at least one alternate heliport, in compliance with the operating minima established in accordance with Regulation 42. (2) A person operating a helicopter shall not continue an instrument approach beyond the outer marker fix in case of precision approach, or below 300 m (1 000 ft) above the aerodrome in case of nonprecision approach, unless the reported visibility or controlling RVR is above the specified minimum. 485 42. Inflight procedures – Heliport operating minima Heliport Operating minima under IFR Requirements of experience, recency and training for single pilot operations at night or instrument flight rules Official Gazette nº 21bis of 25/05/2015 (3) A person operating a helicopter shall not continue its approach-to-land at any aerodrome beyond a point at which the limits of the operating minima specified for that aerodrome would be infringed. 43. (1) The operator, in establishing the heliport operating minima, for any particular operation shall take into account: (a) (b) (c) (d) the type, performance and handling characteristics of the helicopter; the composition of the flight crew, their competence and experience; the physical characteristics of the heliport, and direction of approach; the adequacy and performance of the available visual and non-visual ground aids; the equipment available on the helicopter for the purpose of navigation and control of the flight path during the approach to landing and the missed approach; the obstacles in the approach and missed approach areas and the obstacle clearance altitude/height for the instrument approach procedures; the means used to determine and report meteorological conditions; and a. the obstacles in the climb-out areas and necessary clearance margins. (e) (f) (g) (2) Category II and Category III instrument approach and landing operations shall not be authorized unless RVR information is provided. (3) The operator shall ensure that, during take-off and landing and whenever considered necessary by reason of turbulence or any emergency occurring during flight, all passengers on board a helicopter shall be secured in their seats by means of the seat belts or harnesses provided (4) The operator shall ensure that a helicopter operating under IFR is equipped with a stabilization system, unless it has been demonstrated to the satisfaction of certificating authority that the helicopter possesses, by nature of its design, adequate stability without such a system. (5) The pilot-in-command shall not operate to or from a heliport using operating minima lower than those which may be established for that heliport by the State in which it is located, except with the specific approval of that State. 44. (1) A pilot-in-command of a single pilot operation at night or under instrument flight rules (IFR) shall satisfy the following requirements: (a) (b) (c) (d) for operations under IFR or at night, have accumulated at least 50 hours flight time on the class of aeroplane, of which at least 10 hours shall be as pilot-in-command; for operations under IFR, have accumulated at least 25 hours flight time under IFR on the class of aeroplane, which may form part of the 50 hours flight time in sub-paragraph (a); for operations at night, have accumulated at least 15 hours flight time at night, which may form part of the 50 hours flight time in sub-paragraph (a); for operations under IFR, have acquired recent experience as a pilot engaged in a single pilot operation under IFR of: (i) at least five IFR flights, including three instrument approaches carried out during the preceding 90 days on the class of aeroplane in the single pilot role; or (ii) an IFR instrument approach check carried out on such an aeroplane during the preceding 90 days; (e) for operations at night, have made at least three take-offs and landings at 486 Official Gazette nº 21bis of 25/05/2015 (f) night on the class of aeroplane in the single pilot role in the preceding 90 days; and have successfully completed training programmes that include, in addition to the requirements as specified in the Civil Aviation (Air Operator Certification and Administration) Regulations on flight crew member training programmes, passenger briefing with respect to emergency evacuation, auto-pilot management, and the use of simplified in-flight documentation. (2) The initial and recurrent flight training and proficiency checks stipulated in in regulation 29 of the Civil Aviation (Air Operator Certification and Administration) and in these Regulations respectively, shall be performed by the pilot-in-command in the single pilot role on the class of aeroplane in an environment representative of the operation. The Authority may authorize a pilot to operate an aircraft requiring a type rating without a type rating for a period not exceeding sixty days, provided: (a) (b) (c) that compliance with the applicant has demonstrated to the satisfaction of the Authority that an equivalent level of safety can be achieved through the operating limitations on the authorization; the applicant shows impracticable for the flight or series of flights; the operations: (i) involve only a ferry flight, training to qualify on type or test flight; (ii) are within Rwanda, unless, by previous agreement with the Authority, the aircraft is flown to an adjacent Contracting State for maintenance; (iii) are not for compensation or hire unless the compensation or hire these Regulations is involves payment for the use of the aircraft for training; and (iv) involve only the carriage of flight crew members considered essential for the flight. (1) An operator shall not assign a pilot-in-command or a co-pilot to operate at the flight controls of a type or variant of a type of an aircraft during take-off and landing unless that pilot has operated the flight controls for at least three take-offs and landings within the preceding 90 days on the same type of aeroplane or, except in the case of a pilot-in-command of a helicopter, in a flight simulation training device approved for that purpose. (2) When a pilot-in-command or a co-pilot is flying several variants of the same type of aircraft or different types of aircraft with similar characteristics in terms of operating procedures, systems and handling, the Authority shall determine under which conditions the requirements of sub-regulation (1) for each variant or each type of aircraft can be combined. 45. Pilot authorization in lieu of a type rating 46. Pilot recent experience: pilot-in- command, co- pilot cruise relief pilot. (3) An operator shall not assign a pilot to act in the capacity of cruise relief pilot in a type or variant of a type of aeroplane unless, within the preceding 90 days, that pilot has either: (a) operated as a pilot-in-command, co-pilot or cruise relief pilot on the same type of aeroplane; or carried out flying skill refresher training including normal, abnormal and emergency procedures specific to cruise flight on the same type of aeroplane or in a flight simulation training device approved for the purpose, and has practised approach and landing procedures, where the approach and landing procedure practice may be performed as the pilot (b) 487 Official Gazette nº 21bis of 25/05/2015 who is not flying the aeroplane. (4) When a cruise relief pilot is flying several variants of the same type of aeroplane or different types of aeroplanes with similar characteristics in terms of operating procedures, systems and handling, the Authority shall determine under which conditions the requirements of sub-regulation (3) for each variant or each type of aeroplane can be combined. 47. Pilot-in- command: route and airport qualification (1) An operator shall not utilize a pilot as pilot-in-command of an aircraft on a route or route segment for which that pilot is not currently qualified until such pilot has complied with sub-regulations (2) and (3).. (2) The pilot referred to in sub-regulation (1) shall: (a) demonstrate to the operator an adequate knowledge of: (i) the route to be flown, and the aerodromes to be used which shall include knowledge of- (aa) the terrain and minimum safe altitudes; (bb) the seasonal meteorological conditions; (cc) the meteorological, communication and air traffic facilities, services and procedures; (dd) the search and rescue procedures; and (ee) the navigational facilities and procedures, including any long-range navigation procedures, associated with the route along which the flight is to take place; (ii) procedures applicable to flight paths over heavily populated areas and areas of high air traffic density, obstructions, physical layout, lighting, approach aids and arrival, departure, holding and instrument approach procedures, and applicable operating minima. (b) in the case of an aeroplane, have been tested as to his proficiency in using instrument approach-to–land systems of the type in use at the aerodrome of intended landing and any alternate aerodromes, such test being carried out either in flight in instrument meteorological conditions (IMC) or IMC simulated by means approved by the Authority for the purpose. (3) A pilot-in-command shall have made an actual approach into each aerodrome or heliports of landing on the route, accompanied by a pilot who is qualified for the aerodrome or heliport, as a member of the flight crew or as an observer on the flight deck, unless: (a) the approach to the aerodrome is not over difficult terrain and instrument approach procedures and aids available are similar to those with which the pilot is familiar, and a margin to be approved by the Authority is added to the normal operating minima, or there is reasonable certainty that approach and landing can be made in visual meteorological conditions; or (b) the descent from the initial approach altitude can be made by day in visual meteorological conditions; or (c) the operator qualifies the pilot-in-command to land at the aerodrome concerned by means of an adequate pictorial presentation; or (d) in the case of an aeroplane, the aerodrome concerned is adjacent to another aerodrome at which the pilot-in-command is currently qualified to land. (4) The operator shall maintain a record, sufficient to satisfy the Authority of the qualification of the pilot and of the manner in which such qualification has been achieved. 488 Official Gazette nº 21bis of 25/05/2015 (5) An operator shall not continue to utilize a pilot as a pilot-in-command on a route or within the area specified by the operator and approved by the Authority unless, within the preceding twelve months, that pilot has made at least one trip between the terminal points of that route as a pilot member of the flight crew, or as a check pilot, or as an observer on the flight deck: (a) within that specified area; and (b) if appropriate, on any route where procedures associated with that route or with any aerodromes intended to be used for take-off or landing require the application of special skills or knowledge. (6) In the event that more than 12 months elapse in which a pilot-in-command has not made such a trip on a route in close proximity and over similar terrain, within such a specified area, route or aerodrome, and, in the case of an aeroplane, has not practiced such procedures in a training device which is adequate for this purpose, prior to again serving as a pilot-in-command within that area or on that route, that pilot must requalify in accordance with sub-regulations (2) and (3). (1) An operator shall ensure that piloting technique and the ability to execute emergency procedures is checked in such a way as to demonstrate the pilot’s competence on each type or variant of a type of aircraft and where the operation may be conducted under instrument flight rules (IFR), an operator shall ensure that the pilot’s competence to comply with such rules is demonstrated to either a check pilot or to a representative of the Authority. (2) The checks referred to in sub-regulation (1) shall be performed twice within any period of one year, and any two such checks which are similar, and which occur within a period of four consecutive months shall not alone satisfy this requirement. (3) When an operator schedules flight crew on several variants of the same type of aircraft or different types of aircraft with similar characteristics in terms of operating procedures, systems and handling, the Authority shall determine under which conditions the requirements of sub-regulations (1) and (2) for each variant or each type of aeroplane can be combined. Pilot proficiency checks 48. Licences required 49. (1) A person shall not act as pilot-in-command or in any other capacity as a required flight crew member of an aircraft of: (a) Rwandan registry, unless that person carries in his personal possession the appropriate and current licence for that flight crew position for that type of aircraft; or (b) foreign registry, unless that person carries in his personal possession a valid and current licence for that type of aircraft issued to them by the State of registry. (2) The flight crew for international and domestic operations shall hold a valid radio telephony operator licence or endorsement issued or rendered valid by the State of registry, authorizing operation of the type of radio transmitting equipment to be used. (1) The pilot-in-command in any general aviation operation shall ensure that the licences of each flight crew member have been issued or rendered valid by the State of registry, contain the proper ratings, and that all the flight crew members have maintained recency of experience. (2) A person shall not operate an aircraft in commercial air transport or aerial work unless that person is qualified for the specific operation and in the specific type of aircraft used. 489 Pilots: qualifications 50. Official Gazette nº 21bis of 25/05/2015 Rating required for IFR operations 51. (3) The operator or owner of the aircraft shall ensure that flight crew engaged in civil aviation operations speak and understand the English Language. A person shall not act as pilot-in-command of an aircraft under instrument flight rules (IFR) or instrument meteorological conditions (IMC) unless: (a) in the case of an aeroplane, the pilot holds an instrument rating or an Airline Transport Pilot Licence or a Multi-crew Pilot Licence with an appropriate aeroplane category, class, and type rating if required, for the aeroplane being flown; or (b) in the case of helicopter, the pilot holds a helicopter instrument rating or an Airline Transport Pilot Licence for helicopters not limited to visual flight rules (VFR) operations. Special authorization required for Category II or III operations 52. (1) A person shall not act as a pilot of an aircraft in a Category II or III operations unless: (a) (b) in the case of a pilot-in-command, the person holds a current Category II or III pilot authorization for that aircraft type; or in the case of a co-pilot, the person is authorized by the State of registry to act in that capacity in that aircraft in Category II or III operations. (2) An authorization is not required for individual pilots of an air operator certificate holder which has operations specifications approving Category II or III operations. Recording of flight time 53. (1) A pilot shall record and keep details of all flights he has flown in a logbook format acceptable to the Authority. (2) The pilot-in-command shall be responsible for the journey log book or the general declaration: (i) containing the following information and the corresponding roman numerals:: I- aircraft nationality and registration; II- date; III- names of crew members; IV- duty assignment of crew members; V- place of departure; VI- place of arrival; VII-time of departure; VIII-time of arrival; IX- hours of flight; X- nature of flight (private, aerial work, scheduled or non-scheduled); XI- incidents, observations, if any; and XII-signature of person in charge (ii) with entries made currently and in ink or indelible pencils; and (iii) retained to provide a continuous record of the last six months’ operations. (3) An air operator certificate holder may record details of flights flown by a pilot in an acceptable computerised format maintained by the air operator certificate holder and shall make the records of all flights operated by the pilot, including differences and familiarisation training, available on request to the pilot concerned. (4) The record referred to in sub-regulations (1), (2) and (3) shall contain the following information: (a) personal details: name and address of the holder; (b) for each flight: (i) name of pilot-in-command; (ii) date (day, month, year) of flight; 490 Official Gazette nº 21bis of 25/05/2015 (iii) place and time of departure and arrival (times (UTC) to be block time); (iv) type (aircraft make, model and variant) and registration of aircraft; (v) single engine or multi-engine; (vi) total time of flight; and (vii) accumulated total time of flight; (c) for each flight simulation training device or flight and navigation procedures trainers session: (i) type and qualification number of training device; (ii) flight simulation training device instruction; (iii) date (date/month/year); (iv) total time of session; and (v) accumulated total time; (d) pilot function: (i) pilot-in-command, (ii) co-pilot; (iii) dual; (iv) authorized instructor or authorized examiner; (v) a remarks column to give details of specific functions such as student pilot-in-command time, pilot-in-command under supervision time, pilot-in-command instrument flight time, etc; (e) operational conditions: (i) night; (ii) IFR; (f) logging of time: (i) pilot-in-command flight time: (aa) the holder of a licence may log as pilot-in-command time all of the flight time during which he is the pilot-in-command; (bb) the applicant for or the holder of a pilot licence may log as pilot- in-command time all solo flight time and flight time as student pilot-in-command provided that such student pilot-in-command time is countersigned by the instructor; (cc) the holder of an instructor rating may log as pilot-in-command all flight time during which he acts as an instructor in an aeroplane; (dd) the holder of an examiner’s authorization may log as pilot-in- command all flight time during which he occupies a pilot’s seat and acts as an examiner in an aeroplane; (ee) a co-pilot acting as pilot-in-command under the supervision of the pilot-in-command on an aeroplane on which more than one pilot is required under the certificate of airworthiness of the aeroplane or by these Regulations may log as pilot-in-command under supervision flight time, provided such pilot-in-command time under supervision is countersigned by the pilot-in-command;. (ff) where the holder of a licence carries out a number of flights upon the same day returning on each occasion to the same place of departure and the interval between successive flights does not exceed thirty minutes, such series of flights are to be recorded as a single entry. (ii) co-pilot flight time - the holder of pilot licence occupying a pilot seat as co-pilot may log all flight time as co-pilot flight time on an aeroplane on which more than one pilot is required under the 491 Official Gazette nº 21bis of 25/05/2015 certificate of airworthiness of the aeroplane; (iii) cruise relief co-pilot flight time - a cruise relief co-pilot may log all flight time as co-pilot when occupying a pilot’s seat; (iv) instruction time - a summary of all time logged by an applicant for a licence or rating as flight instruction, instrument flight instruction, instrument ground time, shall be certified by the appropriately rated or authorized instructor from whom it was received; (v) pilot-in-command under supervision - a co-pilot may log as pilot-in- command under supervision flight time flown as pilot-in-command under supervision, when all of the duties and functions of pilot-in- command on that flight were carried out, such that the intervention of the pilot-in-command in the interest of safety was not required, provided that the method of supervision is acceptable to the Authority. (g) presentation of flight time record: (i) the holder of a licence or a student pilot shall without undue delay present his flight time record for inspection upon request by an authorized person; (ii) a student pilot shall carry his flight time record logbook with him on all solo cross-country flights as evidence of the required instructor authorizations. Pilot-in- command and co-pilot currency: take- offs and landings 54. (1) A person shall not act as pilot-in-command or co-pilot of an aircraft unless within the preceding ninety days that person has: (a) made three take-offs and landings as the sole manipulator of the flight controls in an aircraft of the same category and class and if a type rating is required, of the same type; (b) for a tailwheel aeroplane, made three take-offs and landings in a tailwheel aeroplane with each landing to a full stop; and (c) for night operations, made the three take-offs and landings required by paragraph (a) at night. (2) A pilot who has not met the recency of experience for take-offs and landings shall satisfactorily complete a re-qualification curriculum acceptable to the Authority. (3) The requirements of sub-regulations (1) and (2) may be satisfied in a flight simulation training device approved by the Authority. Pilot currency: IFR operations. 55. (1) A person shall not act as pilot-in-command under instrument flight rules (IFR), or in instrumental meteorological conditions (IMC), unless that person has, within the past six months: (a) logged at least six hours of instrument flight time including at least three hours in flight in the category of aircraft; and (b) completed at least six instrument approaches. (2) A pilot who has completed an instrument competency check with an authorized person shall be considered to be current for IFR operations for six months following that check. Pilot currency: general aviation operations 56. (1) A person shall not act as pilot of an aircraft type certificated: (a) for more than one pilot unless, in the preceding twelve months, that person has passed a proficiency check carried out by an authorized person in an aircraft requiring more than one pilot; (b) for more than one pilot unless, in the preceding twenty four months, that 492 Official Gazette nº 21bis of 25/05/2015 person has passed a proficiency check in the type of aircraft to be operated; or (c) for a single pilot unless, in the preceding twenty four months, that person has passed a proficiency check carried out by an authorized person; (2) The person conducting the proficiency checks as required under sub-regulation (1) shall ensure that each check duplicates the manoeuvres of the type rating practical test. (3) A person shall not act as co-pilot of an aircraft type certificated for more than one pilot unless, in the preceding twelve months, that person has: (a) an appropriate class and type rating for the aircraft to be flown; and (b) logged three take-offs and landings as the sole manipulator of the controls. Pilot privileges and limitations 57. A pilot shall not conduct flight operations unless the operations are within the privileges and limitations of each licence he holds as specified in the Civil Aviation (Personnel Licensing) Regulations. PART V - CREW MEMBER DUTIES AND RESPONSIBILITIES Authority and responsibility of the pilot-in- command. 58. (1) The pilot-in-command of an aircraft shall: (a) be responsible for the operations and safety of: (i) the aeroplane from the moment the aeroplane is ready to move for the purpose of taking off until the moment it finally comes to rest at the end of the flight and the engine(s) used as primary propulsion units are shut down; (ii) the helicopter - from the moment the engine(s) are started until the helicopter finally comes to rest at the end of the flight, with the engine(s) shut down and the rotor blades stopped; (b) be responsible for the safety of all crew members, passengers and cargo on board when the doors are closed; (c) have final authority as to the operation of the aircraft while in command; and (d) whether manipulating the controls or not, be responsible for the operation of the aircraft in accordance with the Civil Aviation (Rules of the Air and Air Traffic Control) Regulations, except that the pilot- in-command may depart from them in emergency circumstances that render such departure absolutely necessary in the interests of safety. (2) The provisions of sub-regulation (1)(d) may be departed from to the extent necessary: (a) to avoid immediate danger or in an emergency situation; (b) to comply with the law of any State other than Rwanda within which the aircraft then is;. (3) If any departure from the provisions of sub-regulation (1)(d), is made for the purpose of avoiding immediate danger or in an emergency situation, the pilot- in-command shall cause written particulars of the departure, and of the circumstances giving rise to it, to be given without delay, and in any case within ten days thereafter, to the competent authority of the State in whose territory the departure was made with a copy of it to the Authority and in the case of Rwandan aircraft the departure was made over the high seas, to the Authority. 493 of pilot-in- Authority the command. 59. 60. Compliance with local regulations and notification Official Gazette nº 21bis of 25/05/2015 (4) In case of general aviation operations, the pilot-in-command shall ensure that: (a) the licences of each flight crew member have been issued or rendered valid by the State of registry, and are properly rated and of current validity, and shall be satisfied that flight crew members have maintained competence. (b) in case an aeroplane is equipped with an airborne collision avoidance system (ACASII), each flight crew member has been appropriately trained to competency in the use of ACASII equipment and the avoidance of collision. (5) The pilot-in-command shall be responsible for ensuring that a flight: (a) will not be commenced if any flight crew member is incapacitated from performing duties by any cause such as injury, sickness, fatigue, the effects of any psychoactive substance; and (b) will not be continued beyond the nearest suitable aerodrome when flight crew members’ capacity to perform functions is significantly reduced by impairment of faculties from causes such as fatigue, sickness or lack of oxygen. (1) A person in an aircraft registered in Rwanda shall obey all lawful commands which the pilot-in-command of that aircraft may give for the purpose of securing the safety of the aircraft and of persons or property carried therein, or the safety, efficiency or regularity of air navigation. (2) The pilot-in-command shall: (a) ensure that each flight crew member holds a valid licence issued by the State of Registry, or if issued by another Contracting State, rendered valid by the State of Registry; (b) ensure that flight crew members are properly rated; and (c) be satisfied that flight crew members have maintained competency. (1) Compliance with laws, regulations and procedures An 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, and procedures of: (a) the State in which the aircraft is operated; and (b) the Authority in all instances where such regulations exceed but not in conflict with those of the State in which the aircraft is operated. (2) Where an emergency situation which endangers the safety of the aircraft or persons therein necessitates the taking of action which involves a violation of local regulations or procedures, the pilot-in-command shall: (a) notify the appropriate local authority of the violation without delay; (b) submit a report of the circumstances, if required by the State in which the incident occurs; and (c) submit a copy of the report to the State of Registry within ten days. (3) The pilot-in-command shall be responsible for: (a) notifying the nearest appropriate authority by the quickest available means of any accident involving the aeroplane, resulting in serious injury or death of any person or substantial damage to the aeroplane or property; and (b) reporting all known or suspected defects in the aeroplane, to the 494 61. Compliance by a foreign operator with laws, regulations and procedures 62. Surveillance of operations by a foreign operator 63. Imperilling the safety of persons and property Fitness of crew members 64. Official Gazette nº 21bis of 25/05/2015 operator, at the termination of the flight. (4) An 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. The operator shall ensure that other members of the flight crew are familiar with such of these laws, regulations and procedures as are pertinent to the performance of their respective duties in the operation of the aeroplane. (1) Where the Authority identifies a case of non-compliance or suspected non- compliance with applicable laws, regulations and procedures by a foreign operator or a similar serious safety issue with that operator, the Authority shall immediately notify the operator and, if the issue warrants it, the State of the Operator. (2) Where the State of the Operator and the State of Registry are different, such notification shall also be made to the State of Registry, if the issue falls within the responsibilities of that State and warrants a notification. (3) In the case of notification to States as specified in sub regulation (1) if the issue and its resolution warrant it, the Authority shall engage in consultations with the State of the Operator and the State of Registry, as applicable, concerning the safety standards maintained by the operator. (1) The Authority shall recognize as valid an air operator certificate issued by another Contracting State, if the requirements under which the certificate was issued are at least equal to the applicable international Standards and the Civil Aviation (Commercial Air Transport Operations by Foreign Air Operator in and out of Rwanda) Regulations. (2) The Authority shall establish a programme with procedures for the surveillance of operations in their territory by a foreign operator and for taking appropriate action when necessary to preserve safety. (3) An operator shall meet and maintain the requirements established by the Authority in which the operations are conducted. A person shall not willfully, recklessly or negligently cause or permit an aircraft to endanger any life or property. (1) A person shall not act as a required crew member at any time when that person is aware of any decrease in the medical fitness which might render him unable to safely and properly execute the duties of a crew member. (2) The operator and the pilot-in-command shall be responsible for ensuring that a flight is not: (a) commenced if any required crew member is incapacitated from performing duties by any cause such as injury, sickness, fatigue, the effects of alcohol or drugs; or (b) continued beyond the nearest suitable aerodrome if a flight crew members capacity to perform functions is significantly reduced by impairment of faculties from causes such as fatigue, sickness or lack of oxygen. 495 Official Gazette nº 21bis of 25/05/2015 65. (1) A person shall not act or attempt to act as a crew member of an aircraft: Use of narcotics, drugs or intoxicating liquor (a) within eight hours after the consumption of any alcoholic beverage; (b) while under the influence of alcohol; or (c) while using any drug that affects the person’s faculties in any way contrary to safety; or (d) while having 0.04 percent by weight or more alcohol in the blood. (2) A crew member shall, up to eight hours before or immediately after acting or attempting to act as a crew member, on the request of the Authority, submit to a test to indicate the presence of alcohol or narcotic drugs in the blood. (3) Where there is a reasonable basis to believe that a person may not be in compliance with this regulation and upon the request of the Authority, that person shall furnish the Authority or authorize any clinic, doctor, or other person to release to the Authority, the results of each blood test taken for presence of alcohol or narcotic substances up to eight hours before or immediately after acting or attempting to act as a crew member. (4) Any test information provided to the Authority under the provisions of this regulation may be used as evidence in any legal proceedings. (1) A holder of a licence, rating or a certificate issued under these Regulations shall not exercise the privileges of the licence, rating or certificate while under the influence of any psychoactive substance, by reason of which human performance is impaired. (2) A person whose function is critical to the safety of aviation (safety-sensitive personnel) shall not undertake that function while under the influence of any psychoactive substance, by reason of which human performance is impaired. (3) The person referred to in sub-regulation (1) and (2) shall not engage in any kind of problematic use of substances his workstation, fasten his seat belt. (2) A crew member occupying a station equipped with a shoulder harness shall fasten that harness during take-off and landing, except that the shoulder harness may be unfastened if the crew member cannot perform the required duties with the shoulder harness fastened. (3) An occupant of a seat equipped with a combined safety belt and shoulder harness shall have the combined safety belt and shoulder harness properly secured during take-off and landing and be able to properly perform assigned duties, or whenever the pilot in command so directs. (4) Where there is an unoccupied seat, the safety belt and shoulder harness at that seat if installed, shall be secured so as not to interfere with crew members in the performance of their duties or with the rapid egress of occupants in an emergency. (1) All flight crew members required to be on flight deck duty shall remain in the assigned duty station during take-off, landing , critical phases of flight and when the pilot so directs, and they shall keep their seat belts, or when provided, safety harness fastened when at their stations. (2) A pilot-in-command shall cause one pilot to remain at the controls of the aircraft at all times while the aircraft is in flight. (3) Any flight crew member occupying a pilot’s seat shall keep the safety harness fastened during the take-off and landing phases, and all other flight crew 496 Use of psychoactive substances 66. Flight crew members at duty stations 68. Protection of Cabin Crew during Flight. 67. , (1) A crew member shall, at all times during take-off, landing and while seated at Official Gazette nº 21bis of 25/05/2015 members shall keep their safety harnesses fastened during the take-off and landing phases unless the shoulder straps interfere with the performance of their duties, in which case the shoulder straps may be unfastened but the seat belt shall remain fastened. (4) A flight crew member shall remain at his station during all phases of flight unless: (a) absence is necessary for the performance of the flight crew members duties in connection with the operation; (b) absence is necessary for physiological needs, provided one qualified pilot remains at the controls at all times; or (c) the flight crew member is taking a rest period and a qualified relief flight crew member replaces that crew member at the duty station. (5) A required flight crew member may leave the assigned duty station if the crew member is taking a rest period, and relief is provided: (a) for the assigned pilot-in-command during the en route cruise portion of the flight by a pilot who holds an airline transport pilot licence and an appropriate type rating, and who is currently qualified as pilot-in- command or co-pilot, and is qualified as pilot-in-command of that aircraft during the en route cruise portion of the flight; and in the case of the assigned co-pilot, by a pilot qualified to act as pilot- in-command or co-pilot of that aircraft during en route operations. (b) (6) Subject to sub-regulation (7), an air operator certificate holder shall not operate an aircraft unless it is equipped with a forward or rearward facing (within 15 degrees of the longitudinal axis of the aircraft) seat, fitted with a safety harness for the use of each cabin crew member required to satisfy the intent of this regulation in respect with emergency evacuation. (7) Cabin crew seats provided in accordance with sub-regulation (4) shall be located near floor level and other emergency exits as required by the State of registry for emergency evacuation. (8) Each cabin crew member assigned to emergency evacuation duties shall occupy a seat provided in accordance with sub-regulation (4) during take-off and landing and whenever the pilot-in-command so directs. Required crew member equipment 69. (1) A crew member involved in night operations shall have an independent portable light at his station. (2) A pilot shall have at his station all normal, abnormal and emergency procedures checklists. (3) A pilot shall have at his station current and suitable maps, charts, codes and other documents and navigational equipment necessary to cover the route of the proposed flight and any route along which it is reasonable to expect that the flight may be diverted. (4) A flight crew member assessed as fit to exercise the privileges of a licence, subject to the use of suitable correcting lenses, shall have a spare set of the correcting lenses readily available when exercising those privileges in commercial air transport. (5) A cabin crew member shall be required to have an emergency procedures manual for the type of aircraft. Compliance with checklists 70. A pilot-in-command shall ensure that the flight crew follows the approved checklist procedures when operating the aircraft. 497 71. 72. Search and rescue information Records on emergency and survival equipment carried 73. Locking of cockpit compartment door Admission the cockpit to 74. Official Gazette nº 21bis of 25/05/2015 An operator, or in case of general aviation operations, a pilot-in-command, shall ensure that essential information pertinent to the intended flight concerning search and rescue services is easily accessible in the cockpit. (1) An operator shall ensure that there are available at all times for immediate communication to rescue coordination centres, lists containing information on the emergency and survival equipment carried on board any of the operator’s aircraft engaged in international air navigation, which information shall include, as applicable, the number, colour and type of life-rafts and pyrotechnics, details of emergency medical supplies, water supplies and the type and frequencies of emergency portable radio equipment. (2) An operator shall, for each type of aeroplane, assign to all flight crew members the necessary functions they are to perform in an emergency or in a situation requiring emergency evacuation. Annual training in accomplishing these functions shall be contained in the operator’s training programme and shall include instruction in the use of all emergency and life-saving equipment required to be carried, and drills in the emergency evacuation of the aeroplane. (3) An operator shall establish, to the satisfaction of the Authority, the minimum number of cabin crew required for each type of aeroplane, based on seating capacity or the number of passengers carried, in order to effect a safe and expeditious evacuation of the aeroplane, and the necessary functions to be performed in an emergency or a situation requiring emergency evacuation. The operator shall assign these functions for each type of aeroplane. (1) In an aircraft equipped with a cockpit compartment door: (a) the door shall be capable of being locked; and (b) means shall be provided by which the cabin crew can discreetly notify the flight crew in the event of suspicious activity or security breaches in the cabin. (2) A pilot-in-command shall ensure that the cockpit compartment door, if installed, is locked at all times during passenger carrying commercial air transport operations, except as necessary to permit access and egress by authorized persons. (1) A person shall not admit any person to the cockpit of an aircraft engaged in commercial air transport operations unless the person being admitted is: (a) an operating crew member; (b) an authorized person responsible for certification, licensing or inspection; (c) any person authorized by the Authority with the agreement with the operator; or (d) permitted and carried in accordance with instructions contained in the operations manual. (2) A person shall not admit any person who is not a flight crew member to the cockpit of an aircraft of maximum certificated take-off mass of 5,700 kg or more unless there is a seat available in the passenger compartment for use by the person to be admitted in the cockpit. (3) A pilot-in-command shall ensure that: (a) in the interest of safety, admission to the cockpit does not cause 498 Official Gazette nº 21bis of 25/05/2015 distraction to the flight crew or interfere with the flight’s operations; and (b) all persons carried in the cockpit are made familiar with the relevant safety procedures. (1) The pilot-in-command shall give the inspector free and uninterrupted access to the aircraft, including the cockpit, when an inspector from the Authority presents valid aviation safety inspector credentials to the pilot-in-command in order to conduct an inspection. (2) The pilot-in-command may refuse an inspector access to the cockpit if, in his opinion, the safety of the aircraft would thereby be endangered. Power inspect to 75. Duties during critical phases of flight` 76. (1) A flight crew member shall not perform any duties during a critical phase of flight except duties required for the safe operation of the aircraft. (2) A pilot-in-command shall not permit a flight crew member to engage in any activity during a critical phase of flight which could distract or interfere with the performance of that flight crew member’s assigned duties. Microphones 77. All flight crew member required to be on flight deck duty shall use a boom or throat microphone to intercommunicate and communicate with another flight crew members and air traffic services below the transition level or altitude. Manipulation of the controls: commercial air transport 78. (1) A pilot-in-command shall not allow an unqualified person to manipulate the controls of an aircraft during commercial air transport operations. (2) A person shall not manipulate the controls of an aircraft during commercial air transport operations unless that person is qualified to manipulate the controls and is authorized to do so by the air operator certificate holder. 79. 80. Simulated abnormal situations in flight: commercial air transport Completion of the technical logbook: commercial air transport Reporting mechanical irregularities 81. A person shall not cause or engage in simulated abnormal or emergency situations or the simulation of instrument meteorological conditions by artificial means during commercial air transport operations. A pilot-in-command shall ensure that all portions of the technical logbook required under the Civil Aviation (Air Operator Certification and Administration) Regulations and these Regulations are completed at the appropriate points before, during and after flight operations. A pilot-in-command shall ensure that all mechanical irregularities occurring during flight time are- (a) reported to the operator at the termination of the flight; (b) for general aviation operations, entered in the aircraft logbook and dealt with in accordance with the Minimum Equipment List or other approved or prescribed procedure; (c) for commercial air transport operations, entered in the technical log of the aircraft at the end of that flight time. 82. Reporting of facility and navigation aid inadequacies (1) An operator shall ensure that any inadequacy of facilities observed in the course of operations is reported to the authority responsible for them, without undue delay. 499 83. Reporting of incidents, bird occurrences, mechanical irregularities and accidents Official Gazette nº 21bis of 25/05/2015 (2) Subject to their published conditions of use, aerodromes and their facilities shall be kept continuously available for flight operations during their published hours of operations, irrespective of weather conditions. (1) A pilot-in-command shall submit, without delay, a signed written report to the Authority, of an air traffic incident whenever an aircraft in flight has been endangered by: (a) a near collision with another aircraft or object or whenever an aircraft in flight has manoeuvred in response to an ACAS Resolution Advisory; (b) faulty air traffic control procedures or lack of compliance with applicable procedures by an air traffic control unit or by the flight crew; or (c) a failure of air traffic control unit. (2) A pilot-in-command shall report weather conditions or other hazardous flight conditions encountered en route which are likely to affect the safety of other aircraft, and give details as may be pertinent to the safety of other aircraft. (3) A pilot-in-command shall inform the appropriate air traffic control unit if the situation permits, when an in-flight emergency involving dangerous goods occurs on board. (4) A pilot-in-command shall, without delay, submit a report to the local authorities and to the Authority, following an act of unlawful interference. (5) Subject to the provisions of sub-regulations (6), (7) and (8), the pilot-in- command shall make a report to the Authority of any birdstrike occurrence which occurs whilst the aircraft is in flight within Rwanda. (6) The report mentioned in sub-regulation (7) shall be made within such time, by such means and shall contain such information as is specified in the First Schedule and it shall be presented in such form as the Authority may in any particular case approve. (7) Nothing in sub-regulation (5) or (6) shall require a person to report any occurrence which he has reported under regulation 84 or which he has reason to believe has been or will be reported by another person to the Authority in accordance with that regulation. (8) In this regulation, "birdstrike occurrence" means an incident in flight in which the pilot-in-command of an aircraft has reason to believe that the aircraft has been in collision with one or more than one bird. (9) A pilot-in-command shall ensure that all mechanical irregularities occurring during flight time are: (a) reported to the operator at the termination of the flight; (b) for general aviation operations, entered in the aircraft logbook and dealt with in accordance with the minimum equipment list or other approved or prescribed procedure; (c) for commercial air transport operations, entered in the technical log of the aircraft at the end of that flight time. (10) A pilot-in-command shall notify the nearest appropriate authority, by the quickest available means, of any accident involving the aircraft that results in serious injury or death of any person, or substantial damage to the aircraft or property. (11) The pilot-in-command shall submit a report to the Authority of any accident which occurred while that pilot-in-command was responsible for the flight. 500 84. Mandatory reporting of occurrences which endanger or would endanger, if not corrected, an aircraft or a person Official Gazette nº 21bis of 25/05/2015 (1) This regulation shall apply to occurrences which endanger or which, if not corrected, would endanger an aircraft, its occupants or any other person and it is in addition with the requirements of regulations 82 and 83. (2) Every person listed below shall report to the Authority any event which constitutes an occurrence for the purposes of sub-regulation (1) and which comes to his attention in the exercise of his functions: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) the operator and the pilot-in-command of a turbine-powered aircraft which has a certificate of airworthiness issued by the Authority; the operator and the pilot-in-command of an aircraft operated under an air operator certificate granted by the Authority; a person who carries on the business of manufacturing a turbine- powered or a public transport aircraft, or any equipment or part thereof, in Rwanda; a person who carries on the business of maintaining or modifying a turbine-powered an aircraft, which has a certificate of airworthiness issued by the Authority, and a person who carries the business of maintaining or modifying any equipment or part of such an aircraft; a person who carries on the business of maintaining or modifying an aircraft operated under an air operator certificate granted by the Authority, and a person who carries on the business of maintaining or modifying any equipment or part of such an aircraft; a person who signs a an airworthiness review certificate, or a certificate of release to service in respect of a turbine-powered an aircraft, which has a certificate of airworthiness issued by the Authority, and a person who signs an airworthiness review certificate or a certificate of release to service in respect of any part or equipment of such an aircraft; a person who signs a an airworthiness review certificate, or a certificate of release to service in respect of an aircraft, operated under an air operator’s certificate granted by the Authority, and a person who signs an airworthiness review certificate or a certificate of release to service in respect of any part or equipment of such an aircraft; a person who performs a function which requires him to be authorized by the Authority as an air traffic controller or as a flight information service officer; a licensee and a manager of a licensed aerodrome; a person who performs a function in respect of the installation, modification, maintenance, repair, overhaul, flight-checking or inspection of air navigation facilities which are utilized by a person who provides an air traffic control service under an approval issued by the Authority; a person who performs a function in respect of the ground-handling of aircraft, including fuelling, servicing, load sheet preparation, loading, de-icing and towing at an airport. (3) Reports of occurrences shall be made within such time, by such means and containing such information as is specified in the First Schedule and shall be presented in such form as the Authority may in any particular case approve. (4) A person listed in subregulation (2) shall make a report to the Authority within such time, by such means, and containing such information as the 501 Official Gazette nº 21bis of 25/05/2015 Authority may specify in a notice in writing served upon him, being information which is in his possession or control and which relates to an occurrence which has been reported by him or another person to the Authority in accordance with this regulation. (5) A person shall not make any report under this regulation if he knows or has reason to believe that the report is false in any particular. (6) The Authority shall collect, evaluate, process and store occurrences reported in accordance with sub-regulations (2) to (4). (7) The Authority shall store in its databases the reports which it has collected of occurrences, accidents and serious incidents. (8) The Authority, having received an occurrence report, shall enter it into its databases and notify, whenever necessary: the competent authority of the State where the occurrence took place; where the aircraft is registered; where the aircraft was manufactured, and where the operator's air operator's certificate was granted, and any other person it thinks fit. (9) The Authority shall provide any entity entrusted with investigating civil aviation accidents and incidents with access to information on occurrences collected and exchanged to enable it to draw the safety lessons from the reported occurrences. (1) The Authority shall collect and analyze information of voluntary reporting of observed deficiencies in aviation which are not required to be reported under regulations 82 to 84, but which are perceived by the reporter as an actual or potential hazard. (2) Voluntary reports presented to the Authority under sub-regulation (1) shall be subjected to a process of disidentification by it where the person making the report requests that his identity is not recorded on the databases. (3) The Authority shall ensure that relevant safety information deriving from the analysis of reports, which have been subjected to disidentification, are stored and made available to all parties so that they can be used for improving safety in aviation. (1) A person shall report to the appropriate aeronautical station as soon as possible where the hazardous flight conditions are encountered, other than those associated with meteorological conditions. (2) The reports so rendered under sub regulation (1) shall give such details as may be pertinent to the safety of other aircraft. (1) A pilot-in-command shall ensure that whenever an aircraft has flight recorders installed, the recorders are operated continuously from the instant: (a) for a flight data recorder, the aircraft first moves for the purpose of flight until it finally comes to rest at the end of flight; and (b) for a cockpit voice recorder, the initiation of the pre-flight checklist until the end of the securing aircraft checklist. (2) A pilot-in-command shall not permit a flight recorder to be disabled, switched off or erased during flight, unless necessary to preserve the data for an accident or incident investigation. (3) In event of an aircraft accident or incident, the pilot-in-command shall act to preserve the recorded data for subsequent investigation. (4) Flight recorders shall not be switched off during flight time. (5) In order to preserve flight records, flight recorders shall be deactivated upon 502 Voluntary reporting of occurrences 85. Hazardous flight conditions 86. Operation of flight recorders 87. Official Gazette nº 21bis of 25/05/2015 completion of flight time following an accident or incident; the flight recorders shall not be reactivated before their disposition as determined in accordance with the Civil Aviation (Accident and Incident Investigations) Regulations. (6) An operator shall ensure, to the extent possible, in the event the aircraft becomes involved in an accident or incident, the preservation of all related flight recorder records and, if necessary, the associated flight recorders, and their retention in safe custody pending their disposition as determined in accordance with the Civil Aviation (Accident and Incident Investigations) Regulations. Crew member Oxygen supply 88. (1) The approximate altitudes in the Standard Atmosphere corresponding to the values of absolute pressure used in this regulation are as follows: Absolute pressure Metres 700 hPa 620 hPa 376 hPa 3 000 4 000 7 600 Feet 10 000 13 000 25 000 (b) (2) A flight intended to be operated at flight altitudes at which the atmospheric pressure in personnel compartments will be less than 700 hPa shall not be commenced unless sufficient stored breathing oxygen and dispensing apparatus is carried to supply: (a) all crew members and 10 per cent of the passengers for any period in excess of 30 minutes that the pressure in compartments occupied by them will be between 700 hPa and 620 hPa; and the crew and passengers for any period that the atmospheric pressure in compartments occupied by them will be less than 620 hPa. (3) A flight intended to be operated with a pressurized aircraft shall not be commenced unless a sufficient quantity of stored breathing oxygen and dispensing apparatus are carried to supply all the crew members and passengers, as is appropriate to the circumstances of the flight being undertaken, in the event of loss of pressurization, for any period that the atmospheric pressure in any compartment occupied by them would be less than 700 hPa. (4) In addition to sub-regulation (3), when an aircraft is intended to be operated at flight altitudes at which the atmospheric pressure is less than 376 hPa, or which, if operated at flight altitudes at which the atmospheric pressure is more than 376 hPa and cannot descend safely within four minutes to a flight altitude at which the atmospheric pressure is equal to 620 hPa, there shall be automoatically deployable oxygen equipment dispensing no less than a 10- minute supply for the occupants of the passenger compartment and the total number of oxygen dispensing units shall exceed the number of passenger and cabin crew seats by at least 10 per cent. (5) When a pressurized aeroplane is intended to be operated at flight altitudes at which the atmospheric pressure will be less than 376 hPa, there shall be a device to provide prositive warning to the flight crew of any dangerous loss of pressurization. (6) In no case shall the minimum supply of oxygen on board the aircraft be less than that prescribed by the Authority in the Civil Aviation (Instruments and Equipment) Regulations. Use of oxygen 89. (1) All flight crew members, when engaged in performing duties essential to the safe operation of an aircraft in flight, shall use breathing oxygen continuously 503 Official Gazette nº 21bis of 25/05/2015 whenever the circumstances prevail for which its supply has been required in regulation 88. (2) All flight crew members of pressurized aircraft operating above an altitude where the atmospheric pressure is less than 376 hPa shall have available at the flight duty station a quick-donning type of oxygen mask which will readily supply oxygen upon demand. 90. (1) A person shall not carry dangerous goods in an aircraft except: Carriage of dangerous goods (a) with the written permission of the Authority and subject to any condition the Authority may impose in granting such permission; and (b) in accordance with the provisions of Part VII - Air Operator Certificate Dangerous Goods Management - of the Civil Aviation (Air Operator Certification and Administration) Regulations, with the necessary changes – mutatis mutandis - to apply to the said person even in the case he is a non air operator certificate holder, ,including the provisions of the latest effective edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air, as amended by any supplement and any addendum, approved and published by decision of the Council of the International Civil Aviation Organization. (2) A person shall not take or cause to be taken on board an aircraft 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 without complying with this regulation. (3) The operator of an aircraft shall, before the flight begins, inform the pilot-in- command of the aircraft of the identity of the goods, the danger to which they give rise and the weight or quantity of the goods. (4) This regulation shall be in addition to and not in derogation of Regulation 173. A pilot-in-command or any other crew member shall not permit any person to use, nor shall any person use a portable electronic device on board an aircraft that may adversely affect the performance of aircraft systems and equipment unless: (a) for IFR operations other than commercial air transport, the pilot-in- command allows such a device prior to its use; or (b) for commercial air transport operations, the air operator certificate holder makes a determination of acceptable devices and publishes that information in the operations manual for the crew members use; and (c) the pilot-in-command informs passengers of the permitted use. Portable electronic devices 91. PART VI - FLIGHT PLANS AND AIR TRAFFIC CONTROL CLEARANCE Operational Flight Planning and Preparation Pre-flight action 92. A pilot-in-command of an aircraft registered in Rwanda shall satisfy himself before the flight is commenced, and a flight shall not be commenced until flight preparation forms have been completed certifying that the pilot-in-command is satisfied, that: (a) that the flight can safely be made, taking into account the latest information available as to the route and aerodromes to be used, the weather reports and forecasts available, and any alternative cause of action 504 Official Gazette nº 21bis of 25/05/2015 (b) (c) (d) the equipment, including radio apparatus, required by which can be adopted in case the flight cannot be completed as planned; that Regulations to be carried is carried and is in a fit condition for use; that the aircraft is in every way fit for the intended flight, and that, where a certificate of release to service is required by the Civil Aviation (Airworthiness) Regulations to be in force, is in force and will not cease to be in force during the intended flight; that the load carried by the aircraft is of such weight, and is so distributed and secured, that it may safely be carried on the intended flight; these (e) the mass of the aircraft and centre of gravity location are such that the flight can be conducted safely, taking into account the flight conditions expected; (f) in the case of an aeroplane, a rotorcraft or airship, that sufficient fuel, oil and engine coolant, if required, are carried for the intended flight, and that a safe margin has been allowed for contingencies, and, in the case of a flight for the purpose of commercial air transport, that the instructions in the operations manual relating to fuel, oil, and engine coolant have been complied with; (g) in case of an airship or balloon, that, sufficient ballast if required is carried for the intended flight; (h) in the case of an aeroplane, that having regard to the performance of the aeroplane in the condition to be expected on the intended flight, and to any obstacle at the places of departure and intended destination and on the intended route, it is capable of safely taking off, reaching and monitoring a safe height thereafter, and making a safe landing at the place of intended destination; (i) that any pre-flight check system established by the operator and set out in the operations manual or elsewhere has been complied with by each member of the crew of the aircraft; and (j) he has sufficient information on climb performance with all engines operating to enable determination of the climb gradient that can be achieved during the departure phase for the existing take-off conditions and intended take-off technique. Operation of aircraft on the ground 93. (1) A person shall not taxi an aeroplane on the movement area of an aerodrome unless he:- (a) has been authorized by the operator, the owner, or in the case where it is leased, the lessee,, or a designated agent; (b) is fully competent to taxi the aeroplane; (c) is qualified to use the radiotelephone if radio communications are required; (d) has received instruction from a competent person in respect of aerodrome layout, and where appropriate, information on routes, signs, marking, lights, air traffic control signals and instructions, phraseology and procedures, and is able to conform to the operational standards required for safe aircraft movement at the aerodrome; and (e) has been given an air traffic control clearance where appropriate; (2) A person shall not cause a helicopter rotor to be turned under power unless there is a qualified pilot at the controls properly secured in his seat. Flight into known or expected icing 94. A person shall not commence a flight:- (a) in an aircraft or continue to operate an aircraft en route when the icing 505 95. Aerodrome/ Heliport operating minima Official Gazette nº 21bis of 25/05/2015 (b) (c) conditions are expected or encountered, without ensuring that the aircraft is certified for icing operations and has sufficient operational de-icing or anti-icing equipment; in an aircraft when frost, ice or snow is adhering to the wings, control surfaces, propellers, engine inlets or other critical surfaces of the aircraft which might adversely affect the performance or controllability of the aircraft; or for commercial air transport operations in an aircraft when conditions are such that frost, ice or snow may reasonably be expected to adhere to the aircraft, unless the procedures approved for the air operator certificate holder by the Authority are followed to ensure ground de- icing, and anti-icing is accomplished. (1) A person shall not operate to or from an aerodrome using aerodrome operating minima lower than those which may be established for that aerodrome by the State of the aerodrome, except when specifically approved by that State. (2) The Authority may approve operational credit(s) for operations with aeroplanes equipped with automatic landing systems, a HUD or equivalent displays, EVS, SVS or CVS. Such approvals shall not affect the classification of the instrument approach procedure. (3) An air operator certificate holder shall establish aerodrome operating minima for each aerodrome to be used in operations, subject to the approval of the Authority and for that purpose he shall take full account of: (a) (b) (c) the type, performance and handling characteristics of the aeroplane; the composition of the flight crew, their competence and experience; the dimensions and characteristics of the runways which may be selected for use or in the case of a heliport, the declared distances; (d) the adequacy and performance of the available visual and non-visual (e) ground aids; the equipment available on the aeroplane for the purpose of navigation, acquisition of visual references and/or control of the flight path during the approach, landing and the missed approach; (f) the obstacles in the approach and missed approach areas and the obstacle clearance altitude/height for the instrument approach procedures; the means used to determine and report meteorological conditions; and the obstacles in the climb-out areas and necessary clearance margins. (3) Category II and Category III instrument approach and landing operations (h) (g) shall not be authorized unless RVR information is provided. (4) For instrument approach and landing operations, aerodrome operating minima below 800 m visibility should not be authorized unless RVR information is provided. (5) A flight shall not be continued towards the aerodrome of intended landing, unless the latest available information indicates that at the expected time of arrival, a landing can be effected at that aerodrome or at least one destination alternate aerodrome, in compliance with the operating minima established in accordance with sub-regulation (1); (6) An instrument approach shall not be continued below 300 m (1 000 ft) above the aerodrome elevation or into the final approach segment unless the 506 Official Gazette nº 21bis of 25/05/2015 reported visibility or controlling RVR is at or above the aerodrome operating minima. (7) If, after entering the final approach segment or after descending below 300 m (1 000 ft) above the aerodrome or heliport elevation, the reported visibility or controlling runway visual range (RVR) falls below the specified minimum, the approach may be continued to decision altitude or decision height (DA/H) or minimum descent altitude or minimum descent height (MDA/H). (8) In any case, an aeroplane shall not continue its approach-to-land at any aerodrome beyond a point at which the limits of the operating minima specified for that aerodrome would be infringed. (9) The operating minima for 2D instrument approach operations using instrument approach procedures shall be determined by establishing a minimum descent altitude (MDA) or minimum descent height (MDH), minimum visibility and, if necessary, cloud conditions. (10) The operating minima for 3D instrument approach operations using instrument approach procedures shall be determined by establishing a decision altitude (DA) or decision height (DH) and the minimum visibility or RVR. (11) A flight shall not be continued towards the heliport of intended landing, unless the latest available information indicates that at the expected time of arrival, a landing can be effected at that heliport, or at least one alternate heliport, in compliance with the operating minima established. Take-off conditions 96. Before commencing take-off, a pilot-in-command shall ensure that:- (a) according to the available information, the weather at the aerodrome and the condition of the runway intended to be used shall allow for a safe take-off and departure; and the runway visual range or visibility in the take-off direction of the aircraft is equal to or better than the applicable minimum. (b) Altimeter settings 97. A person operating an aircraft registered in Rwanda shall set the aircraft altimeters to maintain the cruising altitude for flight level reference in accordance with the procedure notified by: (a) the State where the aircraft may be; or (b) the Aeronautical Information Publication. Operation of radio in aircraft 98. (1) The radio station in an aircraft shall not be operated, whether or not the aircraft is in flight, except in accordance with the conditions of the licence issued in respect of that station under the law of the State of registry, and by a person duly licenced or otherwise permitted to operate the radio station under that law. (2) Subject to sub-regulations (3) and (4) whenever an aircraft is in flight in such circumstances that it is required by or under these Regulations to be equipped with radio communications apparatus, a continuous radio watch shall be maintained by a member of a flight crew listening to the signals transmitted upon the frequency notified, or designated by a message received from an appropriate aeronautical radio station, for use by that aircraft. (3) The radio watch may be discontinued or continued on another frequency to the extent that a message as aforesaid so permits. (4) The watch may be kept by a device installed in the aircraft if the appropriate 507 Official Gazette nº 21bis of 25/05/2015 aeronautical radio station has been informed to that effect and has raised no objection; and that station is notified, or in the case of a station situated in a State other than Rwanda, otherwise designated as transmitting a signal suitable for that purpose. (5) Whenever an aircraft is in flight in such circumstances that it is required by or under these Regulations to be equipped with radio or radio navigation equipment a member of the flight crew shall operate that equipment in such a manner as he may be instructed by the appropriate air traffic control unit or as may be notified in relation to any notified airspace in which the aircraft is flying. (6) The radio station in an aircraft shall not be operated so as to cause interference, that impairs the efficiency of aeronautical telecommunications or navigational services, and in particular emissions shall not be made except as follows – (a) emission of the class and frequency for the time being in use, in accordance with general international aeronautical practice, in the airspace in which the aircraft is flying; distress, urgency and safety messages and signals, in accordance with general international aeronautical practice; messages and signals relating to the flight of the aircraft, in accordance with general international aeronautical practice; such public correspondence messages as may be permitted by or under the aircraft radio station licence referred in sub-regulation (1). (b) (c) (d) Weather reports and forecasts (7) In any aircraft registered in Rwanda, which is engaged on a flight for the purpose of commercial air transport operations, the pilot and the flight engineer (if any) shall not make use of a hand-held microphone, whether for the purpose of radio communication or of intercommunication within the aircraft, whilst the aircraft is flying in controlled airspace below flight level 150 or is taking off or landing. (8) An aircraft which is equipped with a radio station having a defect such as to impair the safety of the aircraft shall not undertake any flight until the aircraft has been rendered safe, or if such defect occurs during flight, shall land as soon as possible unless the radio station can be and is speedily rendered safe for flight. 99. (1) A pilot-in-command shall before commencing a flight be familiar with all available meteorological information appropriate to the intended flight. (2) Pre-flight action by a pilot-in-command for a flight away from the vicinity of the place of departure, and for every flight under instrument flight rules (IFR), shall include: (a) a careful study of available current weather reports and forecasts taking into consideration fuel and oil requirements; and (b) an alternative course of action if the flight cannot be completed as planned because of weather conditions. (3) A pilot-in-command who is unable to communicate by radio with an air traffic control unit at the aerodrome of destination shall not begin a flight to an aerodrome within a control zone if the information which it is reasonably practicable for the pilot-in-command to obtain indicates that he will arrive at that aerodrome when the ground visibility is less than eight kilometres or the cloud ceiling is less than 455 m (1,500 ft), unless the pilot-in-command has obtained from an air traffic control unit at that aerodrome permission to enter the aerodrome traffic zone. 508 Official Gazette nº 21bis of 25/05/2015 Meteorological conditions 100. (1) A person shall not commence a flight, except one of purely local character in visual meteorological conditions, to be conducted in accordance with visual flight rules (VFR) unless available current meteorological reports, or a combination of current reports and forecasts, indicate that the meteorological conditions along the route, or that part of the route to be flown under VFR, will, at the appropriate time, render possible VFR operations. (2) A flight to be conducted in accordance with the instrument flight rules; the departure aerodrome unless (a) (b) take off from the shall not meteorological conditions, at the time of use, are at or above the operator’s established aerodrome operating minima for that operation; and shall not take off or continue beyond the point of in-flight re-planning unless at the aerodrome of intended landing or at each alternate aerodrome to be selected in compliance with regulation 106, current meteorological reports or a combination of current reports and forecasts indicate that the meteorological conditions will be, at the estimated time of use, at or above the operator’s established aerodrome operating minima for that operation. Adequacy of operating facilities (3) To ensure that an adequate margin of safety is observed in determining whether or not an approach and landing can be safely carried out at each alternate aerodrome, the operator shall specify appropriate incremental values, acceptable to the Authority, for height of cloud base and visibility to be added to the operator’s established aerodrome operating minima. (4) The margin of time established by the operator for the estimated time of use of an aerodrome shall be approved by the Authority. 101. (1) A person shall not commence a flight, and an operator shall ensure that a flight shall not be commenced, unless: (a) it has been ascertained by every reasonable means available that the ground and/or water areas and facilities available and directly required for such flight, for the safe operation of the aircraft and the protection of passengers, are adequate, including communication facilities and navigation aids; for the type of operation under which the flight is to be conducted and are adequately operated for this purpose; and that person is satisfied that the aerodromes at which the flight is intended to take-off or land and any alternative aerodrome at which a landing may be made are suitable for the purpose and in particular are adequately manned and equipped to ensure the safety of the aircraft and its passengers. (b) (2) In this regulation “reasonable means” denotes use, at the point of departure, of information available to the operator and the pilot-in-command either through official information published by the Aeronautical Information Services or readily obtainable from other sources. (3) An operator shall ensure that any inadequacy of facilities observed in the course of operations is reported to the authority responsible for them, without undue delay. (4) Subject to their published conditions of use, aerodromes and their facilities shall be kept continuously available for flight operations during their published hours of operations, irrespective of weather conditions. 509 Diversions decision: engine inoperative 102. IFR destination aerodromes 103. Official Gazette nº 21bis of 25/05/2015 (5) An operator shall, as part of its safety management system, assess the level of rescue and fire fighting service (RFFS) protection available at any aerodrome intended to be specified in the operational flight plan in order to ensure that an acceptable level of protection is available for the aeroplane intended to be used. (6) Information related to the level of RFFS protection that is deemed acceptable by the operator shall be contained in the operations manual. (1) Except as provided in sub-regulation (2) of this regulation, a pilot-in-command shall land the aircraft at the nearest suitable aerodrome at which a safe landing can be made whenever an engine of an aircraft fails or is shut down to prevent possible damage. (2) Where not more than one engine of an aeroplane having three or more engines fails, and its rotation stops, the pilot in command may proceed to an aerodrome if the pilot in command decides that proceeding to that aerodrome is as safe as landing at the nearest suitable aerodrome after considering the: (a) nature of the malfunction and the possible mechanical difficulties that may occur if the flight is continued; (b) altitude, mass, and usable fuel at the time of engine stoppage; (c) weather conditions en route and at possible landing points; (d) air traffic congestion; (e) kind of terrain; and (f) familiarity with the aerodrome to be used. (1) Except in case of general aviation operations, subject to this regulation, a person shall not commence an IFR flight unless the available information indicates that the weather conditions at the aerodrome of intended landing or, where a destination alternate is required, at least one suitable alternate at the estimated time of arrival, be at or above the aerodrome operating minima. (2) For any flights to be conducted in accordance with the instrument flight rules, at least one of the destination alternated aerodrome shall be selected and specified in the operational and air traffic services flight plans, unless: (a) the duration of the flight and the meteorological conditions prevailing are such that there is reasonable certainty that, at the estimated time of arrival at the aerodrome of intended landing, and for a reasonable period before and after such time, the approach and landing may be under visual meteorological conditions as prescribed by the Authority; or (b) the aerodrome of intended landing is isolated and there is no suitable destination alternate aerodrome; for a helicopter, a point of no return shall be determined. (3) In case of general aviation operations, when a destination alternate aerodrome is required, a flight to be conducted in accordance with the instrument flight rules shall not be commenced unless the available information indicates that conditions, at the aerodrome of intended landing and at least one destination alternate will, at the estimated time of arrival, be at or above the aerodrome operating minima. (4) In case of general aviation operations, when a destination alternate aerodrome is not required, a flight to be conducted in accordance with the instrument flight rules to an aerodrome shall not be commenced unless: (a) a standard instrument approach procedure is prescribed for the aerodrome of intended landing; and 510 Official Gazette nº 21bis of 25/05/2015 (b) (i) in the case of an aeroplane, available current meteorological information indicates that the following meteorological conditions will exist from two hours before to two hours after the estimated time of arrival: (aa) a cloud base of at least 300 m (1 000 ft) above the instrument approach the minimum associated with procedure; and 104. IFR alternate aerodrome selection criteria (bb) visibility of at least 5.5 km or of 4 km more than the minimum associated with the procedure; or (ii) in the case of a helicopter, available current meteorological information indicates that the following meteorological conditions will exist from two hours before to two hours after the estimated time of arrival or from the actual time of departure to two hours after the estimated time of arrival, whichever is the shorter period: (aa) a cloud base of at least 120 m (400 ft) above the minimum associated with the instrument approach procedure: and (bb) visibility of at least 1.5 km more than the minimum associated with the procedure. (1) Where alternate minimums are published, a pilot-in-command shall not designate an alternate aerodrome in an instrument flight rules (IFR) flight plan unless the current available forecast indicates that the meteorological conditions at that alternate at the estimated time of arrival shall be at or above those published alternate minimums. (2) Where alternate minimums are not published, and if there is no prohibition against using the aerodrome as an IFR planning alternate, a pilot-in-command shall ensure that the meteorological conditions at that alternate at the estimated time of arrival shall be at or above: (a) for a precision approach procedure, a ceiling of at least 185 m (600 ft) and visibility of not less than 3 kilometres; or (b) for a non-precision approach procedure, a ceiling of at least 245 m (800 ft) and visibility of not less than 3 kilometres. (3) A flight to be conducted in accordance with IFR to a heliport when no alternate heliport is required shall not be commenced unless available current meteorological information the following meteorological conditions- indicates that (a) a cloud base of at least 120 m (400 ft) above the minimum associated with the instrument approach procedure; and (b) visibility of at least 1.5 km more than the minimum associated with the procedure; will exist from two hours before to two hours after the estimated time of arrival, or from the actual time of departure to two hours after the estimated time of arrival, whichever is the shorter period. (4) To ensure that an adequate margin of safety is observed in determining whether or not an approach and landing can be safely carried out at each alternate aerodrome, the operator shall specify appropriate incremental values for height of cloud base and visibility, acceptable to the Authority, to be added to the operator’s established aerodrome operating minima. 511 Official Gazette nº 21bis of 25/05/2015 (5) The Authority shall approve a margin of time established by the operator for the estimated time of use of an aerodrome. Off-shore alternates for helicopter operations 105. (1) A person shall not designate an offshore alternate landing site when it is possible to carry enough fuel to have an on-shore alternate landing site. (2) The selection of offshore alternates shall be exceptional cases, the details of which have been approved by the Authority, and shall not include payload enhancement in Instrument Meteorological Conditions. (3) A person selecting an off-shore alternate landing site shall consider the 106. Take-off alternate aerodromes/ heliports: Commercial air transport operations following: (a) (b) (c) (d) (e) (f) until the point of no return, he shall use an on-shore alternate only; the offshore alternate shall be used only after a point of no return. Prior to PNR, onshore alternate shall be used; attaining one engine inoperative performance capability prior to arrival at the alternate; guaranteeing helideck availability; the weather information must be reliable and accurate; and for IFR operations, an instrument approach procedure shall be prescribed and available. (4) The landing technique specified in the flight manual following control system failure may preclude the selection of certain helideck as alternate aerodromes. (5) The mechanical reliability of critical control systems and critical components shall be considered and taken into account when determining the suitability and necessity for an offshore alternate. (1) A take-off alternate aerodrome shall be selected and specified in the operational flight plan if either the meteorological conditions at the aerodrome of departure are below the operator's established aerodrome landing minima for that operation or if it would not be possible to return to the aerodrome of departure for other reasons. (2) The take-off alternate aerodrome shall be located within the following flight time from the aerodrome of departure: a) for aeroplanes with two engines, one hour of flight time at a one-engine- inoperative cruising speed, determined from the aircraft operating manual, calculated in ISA and still-air conditions using the actual take-off mass; or b) for aeroplanes with three or more engines, two hours of flight time at an all engine operating cruising speed, determined from the aircraft operating manual, calculated in ISA and still-air conditions using the actual take-off mass; or for aeroplanes engaged in extended diversion time operations (EDTO) where an alternate aerodrome meeting the distance criteria of a) or b) is not available, the first available alternate aerodrome located within the distance of the operator's approved maximum diversion time considering the actual take-off mass. c) (3) A take-off alternate heliport shall be selected and specified in the operational flight plan if the weather conditions at the heliport of departure are at or below the applicable heliport operating minima. (4) For a heliport to be selected as a take-off alternate, the available information 512 107. Destination alternate Aerodromes/ Heliport Official Gazette nº 21bis of 25/05/2015 shall indicate that, at the estimated time of use, the conditions will be at or above the heliport operating minima for that operation. (1) For a flight to be conducted in accordance with the instrument flight rules, at least one destination alternate aerodrome shall be selected and specified in the operational and ATS flight plans, unless: (a) the duration of the flight from the departure aerodrome, or from the point of in- flight re-planning to the destination aerodrome is such that, taking into account all meteorological conditions and operational information relevant to the flight, at the estimated time of use, a reasonable certainty exists that: (i) (ii) the approach and landing may be made under visual meteorological conditions; and separate runways are usable at the estimated time of use of the destination aerodrome with at least one runway having an operational instrument approach procedure; or b) the aerodrome is isolated. Operations into isolated aerodromes do not require the selection of a destination alternate aerodrome(s) and shall be planned in accordance with these Regulations (i) (ii) for each flight into an isolated aerodrome a point of no return shall be determined; and a flight to be conducted to an isolated aerodrome shall not be continued past the point of no return unless a current assessment of meteorological conditions, traffic and other operational conditions indicate that a safe landing can be made at the estimated time of use. (2) Two destination alternate aerodromes shall be selected and specified in the operational and ATS flight plans when, for the destination aerodrome: (a) meteorological conditions at the estimated time of use will be below the operator's established aerodrome operating minima for that operation; or (b) meteorological information is not available. (3) Notwithstanding the provisions above, the Auhtority may, based on the results of a specific safety risk assessment conducted by the operator which demonstrates how an equivalent level of safety will be maintained, approve operational variations to alternate aerodrome selection criteria. The specific safety risk assessment shall include at least the: (a) capabilities of the operator; (b) overall capability of the aeroplane and its systems; (c) available aerodrome technologies, capabilities and infrastructure; (d) quality and reliability of meteorological information; (e) identified hazards and safety risks associated with each alternate aerodrome variation; and (f) specific mitigation measures. (4) For a helicopter flight to be conducted in accordance with IFR, at least one destination alternate shall be specified in the operational flight plan and the flight plan, unless: (a) the duration of the flight and the meteorological conditions prevailing are such that there is reasonable certainty that, at the estimated time of arrival at the heliport of intended landing, and for a reasonable period before and after such time, the approach and landing may be made under visual meteorological conditions as prescribed by the Authority; or the heliport of intended landing is isolated and no suitable alternate is (b) 513 108. Maximum distance from an adequate aerodrome for aeroplanes with two turbine power-units without an EDTO approval Official Gazette nº 21bis of 25/05/2015 available and a point of no return (PNR) has been determined. (5) For a heliport to be selected as a destination alternate, the available information shall indicate that, at the estimated time of use, the conditions will be at or above the heliport operating minima for that operation. (1) Unless specifically granted an extended deviation time of operations by turbine-engined aeroplanes (EDTO) approval by the Authority, an air operator certificate holder shall not operate an aeroplane with two turbine power-units over a route which contains a point further from an adequate aerodrome than, in the case of: (a) (b) large, turbine engine powered aeroplanes the distance flown in sixty minutes at the one-engine-inoperative cruise speed determined in accordance with sub-regulation (2) with either: (i) a maximum approved passenger seating configuration of twenty or more; or (ii) a maximum take-off mass of 45,360 kg or more; reciprocating engine powered aeroplanes: (i) the distance flown in 120 minutes at the one-engine- inoperative cruise speed determined in accordance with sub- regulation (2); or three hundred nautical miles, whichever is less. (ii) (2) An air operator certificate holder shall determine a speed for the calculation of the maximum distance to an adequate aerodrome for each aeroplane with two turbine power-units type or variant operated, not exceeding Vmo based upon the true airspeed that the aeroplane can maintain with one-engine-inoperative under the following conditions: (a) (b) International Standard Atmosphere; level flight: (i) for turbine engined powered aeroplanes at: (aa) (bb) flight level 170; or at the maximum flight level to which the aeroplane, with one engine inoperative, can climb, and maintain, using the gross rate of climb specified in the aeroplane flight manual, whichever is less; (ii) for propeller driven aeroplanes: (aa) flight level 80; or (bb) at the maximum flight level to which the aeroplane, inoperative, can climb, and with one engine maintain, using the gross rate of climb specified in the aeroplane flight manual, whichever is less; (iii) maximum continuous thrust or power on the remaining (iv) operating engine; an aeroplane mass not less than that resulting from: (aa) take-off at sea-level at maximum take-off mass until the time elapsed since take-off is equal to the applicable threshold prescribed in sub-regulation (1); all engines climb to the optimum long range cruise altitude until the time elapsed since take-off is equal to the applicable threshold prescribed in sub- regulation (1); and all engines cruise at the long range cruise speed at (bb) (cc) 514 Official Gazette nº 21bis of 25/05/2015 this altitude until the time elapsed since take-off is equal to the applicable threshold prescribed in sub- regulation (1). (3) In approving the operation, the Authority shall: (a) ensure that: (i) the airworthiness certification of the aeroplane type; (ii the reliability of the propulsion system; and (iii) the operator’s maintenance procedures, operating practices, flight dispatch procedures and crew training programmes; provide the overall level of safety intended by the provisions of the Civil Aviation Regulations of Rwanda; (b) in making this assessment, take into account: (i) the route to be flown; (ii) the anticipated operating conditions; and (iii) the location of adequate en-route alternate aerodromes. (4) An air operator certificate holder shall ensure that the following data, specific to each type or variant, is included in the operations manual: (a) (b) the one-engine-inoperative cruise speed determined in accordance with sub-regulation (2); the maximum distance from an adequate aerodrome determined in accordance with sub-regulations (1) and (2); and (c) aeroplane climb performance with all engines operating 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. (5) The speeds and altitudes specified in this regulation shall only be used for establishing the maximum distance from an adequate aerodrome. extended diversion time operations with aeroplanes with two turbine engines 109. (1) Operators conducting operations beyond 60 minutes, from a point on a route to an en-route alternate aerodrome shall ensure that: (a) for all aeroplanes: (i) (ii) en-route alternate aerodromes are identified; and the most up-to-date information is provided to the flight crew on identified en-route alternate aerodromes, including operational status and meteorological conditions; (b) for aeroplanes with two turbine engines, the most up-to-date information provided to the flight crew indicates that conditions at identified en-route alternate aerodromes will be at or above the operator’s established aerodrome operating minima for the operation at the estimated time of use. In addition to the requirements sub-regulation (1), all operators shall ensure that the following are taken into account and provide the overall level of safety intended by the provisions of these regulations (a) operational control and flight dispatch procedures; (b) operating procedures; and (c) training programmes. (2) (3) Unless the operation has been specifically approved by the Authority, an aeroplane with two or more turbine engines shall not be operated on a route where the diversion time to an en-route alternate aerodrome from any point on the route, calculated in ISA and still-air conditions at the one-engine- inoperative cruise speed for aeroplanes with two turbine engines and at the 515 Official Gazette nº 21bis of 25/05/2015 (4) all engines operating cruise speed for aeroplanes with more than two turbine engines, to an en-route alternate aerodrome exceeds a threshold time established for such operations by the Authority. Prior to conducting an extended range operations by turbine-engined aeroplanes (ETDO) flight, an air operator certificate holder shall ensure that: (a) a suitable ETDO en route alternate is available, within either the approved diversion time or a diversion time based on minimum equipment list generated serviceability status of the aeroplane, whichever is shorter; and (b) during the possible period of arrival, the required en-route alternate aerodrome(s) will be available and the available information indicates that conditions at those aerodromes will be at or above the aerodrome operating minima approved for the operation. (5) The maximum diversion time, for an operator of a particular aeroplane type engaged in extended diversion time operations shall be approved by the Authority. (6) When approving the appropriate maximum diversion time for an operator of a particular aeroplane type engaged in extended diversion time operations, the Authority shall ensure that: (a) for all aeroplanes: the most limiting EDTO significant system time limitation, if any, indicated in the aeroplane flight manual (directly or by reference) and relevant to that particular operation is not exceeded; and for aeroplanes with two turbine engines: the aeroplane is EDTO certified. (b) (7) Notwithstanding the above provisions; the Authority may, based on the results of a specific safety risk assessment conducted by the operator which demonstrates how an equivalent level of safety will be maintained, approve operations beyond the time limits of the most time-limited system. The specific safety risk assessment shall include at least the: (a) capabilities of the operator; (b) overall reliability of the aeroplane; (c) reliability of each time-limited system; (d) relevant information from the aeroplane manufacturer; and (e) specific mitigation measures For aeroplanes engaged in EDTO, the additional fuel required by Operation of Aircraft regulation Part VI shall include the fuel necessary to comply with the EDTO critical fuel scenario as established by the Authority. (8) (9) A flight shall not proceed beyond the threshold time in accordance with sub- regulation 3, unless the identified en-route alternate aerodromes have been re-evaluated for availability and the most up-to-date information indicates that, during the estimated time of use, conditions at those aerodromes will be at or above the operator’s established aerodrome operating minima for the operation. If any conditions are identified that would preclude a safe approach and landing at that aerodrome during the estimated time of use, an alternative course of action shall be determined. (10) The Authority shall, when approving maximum diversion times for aeroplanes with two turbine engines, ensure that the following are taken into account in providing the overall level of safety intended by the provisions of Part III (Aircraft Maintenance Requirements) of these regulations. (a) reliability of the propulsion system; 516 110. En-route alternate aerodromes: EDTO operations Fuel requirements 111. Official Gazette nº 21bis of 25/05/2015 (b) airworthiness certification for EDTO of the aeroplane type; and (c) EDTO maintenance programme. (1) A pilot-in-command shall ensure that en-route alternate aerodroms, required by EDTO operations, for extended diversion time operations by aeroplanes with two turbine engines, shall be selected and specified in the operational and air traffic services (ATS) flight plans in accordance with the EDTO diversion time approved by the Authority. (2) The forecast weather criteria used in the selection of alternate aerodromes for IFR flight shall also be used for the selection of ETDO alternates. (3) Runways on the same aerodrome are considered to be separate runways when: (a) they are separate landing surfaces which may overlay or cross such that if one of the runways is blocked, it will not prevent the planned type of operations on the other runway; and (b) each of the landing surfaces has a separate approach based on a separate aid. (1) 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. (2) The amount of usable fuel to be carried shall, as a minimum, be based on: (a) the following data: (i) (ii) current aeroplane-specific data derived from a fuel and oil consumption monitoring system, if available; or if current aeroplane-specific data are not available, data provided by the aeroplane manufacturer; and (b) the operating conditions for the planned flight including: anticipated aeroplane mass; (i) (ii) Notices to Airmen; (iii) current meteorological reports or a combination of current reports and forecasts; air traffic services procedures, restrictions and anticipated delays; and the effects of deferred maintenance items and/or configuration deviations. (iv) (v) (3) The pre-flight calculation of usable fuel required shall include: (a) (b) (c) taxi fuel, which shall be the amount of fuel expected to be consumed before take-off taking into account local conditions at the departure aerodrome and auxiliary power unit (APU) fuel consumption; trip fuel, which shall be the amount of fuel required to enable the aeroplane to fly from take-off, or the point of in-flight re-planning, until landing at the destination aerodrome taking into account the operating conditions of sub-regulation (2) (b); contingency fuel, which shall be the amount of fuel required to compensate for unforeseen factors. It shall be five per cent of the planned trip fuel or of the fuel required from the point of in-flight re- planning based on the consumption rate used to plan the trip fuel but, in any case, shall not be lower than the amount required to fly for five 517 Official Gazette nº 21bis of 25/05/2015 minutes at holding speed at 450 m (1 500 ft) above the destination aerodrome in standard conditions; (d) destination alternate fuel, which shall be: (i) where a destination alternate aerodrome is required, the amount of fuel required to enable the aeroplane to: (A) perform a missed approach at the destination aerodrome; (B) climb to the expected cruising altitude; (C) fly the expected routing; (D) descend to the point where the expected approach is initiated; and (E) conduct the approach and landing at the destination alternate aerodrome; or (ii) where two destination alternate aerodromes are required, the amount of fuel, as calculated in (d) (i), required to enable the aeroplane to proceed to the destination alternate aerodrome which requires the greater amount of alternate fuel; or (iii) where a flight is operated without a destination alternate aerodrome, the amount of fuel required to enable the aeroplane to fly for 15 minutes at holding speed at 450 m (1 500 ft) above destination aerodrome elevation in standard conditions; or (iv) where the aerodrome of intended landing is an isolated aerodrome: (A) for a reciprocating engine aeroplane, the amount of fuel required to fly for 45 minutes plus 15 per cent of the flight time planned to be spent at cruising level, including final reserve fuel, or two hours, whichever is less; or (B) for a turbine-engined aeroplane, the amount of fuel required to fly for two hours at normal cruise consumption above the destination aerodrome, including final reserve fuel; (e) final reserve fuel, which shall be the amount of fuel calculated using the estimated mass on arrival at the destination alternate aerodrome, or the destination aerodrome when no destination alternate aerodrome is required: (i) for a reciprocating engine aeroplane, the amount of fuel required to fly for 45 minutes, under speed and altitude conditions specified by the State of the Operator; or for a turbine-engined aeroplane, the amount of fuel required to fly for 30 minutes at holding speed at 450 m (1 500 ft) above aerodrome elevation in standard conditions; (ii) (f) additional fuel, which shall be the supplementary amount of fuel required if the minimum fuel calculated in accordance with (b), (c), (d) and (e) is not sufficient to: (i) allow the aeroplane to descend as necessary and proceed to an alternate aerodrome in the event of engine failure or loss of pressurization, whichever requires the greater amount of fuel based on the assumption that such a failure occurs at the most critical point along the route; (A) fly for 15 minutes at holding speed at 450 m (1 500 ft) 518 Official Gazette nº 21bis of 25/05/2015 above aerodrome elevation in standard conditions; and (ii) (B) make an approach and landing; allow an aeroplane engaged in EDTO to comply with the EDTO critical fuel scenario as established by the State of the Operator; (iii) meet additional requirements not covered above; (g) discretionary fuel, which shall be the extra amount of fuel to be carried at the discretion of the pilot-in-command. (4) Operators shall determine one final reserve fuel value for each aeroplane type and variant in their fleet rounded up to an easily recalled figure. (5) A flight shall not commence unless the usable fuel on board meets the requirements in sub-regulation (3) (a), (b), (c), (d), e) and (f) if required and shall not continue from the point of in-flight re-planning unless the usable fuel on board meets the requirements in sub-regulation (3) (b), (c), (d), (e) and (f) if required. (6) Notwithstanding the provisions in sub-regulation (3) (a), (b), (c), (d) and (f), the State of the Operator may, based on the results of a specific safety risk assessment conducted by the operator which demonstrates how an equivalent level of safety will be maintained, approve variations to the pre- flight fuel calculation of taxi fuel, trip fuel, contingency fuel, destination alternate fuel, and additional fuel. The specific safety risk assessment shall include at least the: (a) flight fuel calculations; (b) capabilities of the operator to include: (i) a data-driven method that includes a fuel consumption monitoring programme; and/or (ii) the advanced use of alternate aerodromes; and (7) (c) specific mitigation measures. The use of fuel after flight commencement for purposes other than originally intended during pre-flight planning shall require a re-analysis and, if applicable, adjustment of the planned operation . (8) An operator shall establish policies and procedures, approved by the Authority, to ensure that in-flight fuel checks and fuel management are performed. The pilot-in-command shall continually ensure that the amount of usable fuel remaining on board is not less than the fuel required to proceed to an aerodrome where a safe landing can be made with the planned final reserve fuel remaining upon landing. (9) (10) The pilot-in-command shall request delay information from ATC when unanticipated circumstances may result in landing at the destination aerodrome with less than the final reserve fuel plus any fuel required to proceed to an alternate aerodrome or the fuel required to operate to an isolated aerodrome. (11) The pilot-in-command shall advise ATC of a minimum fuel state by declaring MINIMUM FUEL when, having committed to land at a specific aerodrome, the pilot calculates that any change to the existing clearance to that aerodrome may result in landing with less than the planned final reserve fuel. (12) The pilot-in-command shall declare a situation of fuel emergency by broadcasting MAYDAY MAYDAY MAYDAY FUEL, when the calculated usable fuel predicted to be available upon landing at the nearest aerodrome 519 Official Gazette nº 21bis of 25/05/2015 where a safe landing can be made is less than the planned final reserve fuel. (13) An operator shall maintain fuel records to enable the Authority to ascertain that, for each flight, the requirements of sub-regulations (10 through (11) have been complied with. (14) An operator shall maintain oil records to enable the Authority to ascertain that trends for oil consumption are such that an aeroplane has sufficient oil to complete each flight. (15) Fuel and oil records shall be retained by the operator for a period of three months. 112. (1) Flight planning: document distribution and retention A pilot-in-command operating commercial air transport shall complete and sign the following flight preparation documents before the flight is commenced: (a) an operational flight plan, including NOTAMs and weather pertinent to the flight planning decisions regarding minimum fuel supply, en route performance, and destination and alternate aerodromes; a load manifest, showing the distribution of the load, centre of gravity, take-off and landing mass and compliance with maximum operating mass limitations, and performance analysis; and an applicable technical log page, to accept that the aircraft is fit for the intended flight after the pre-flight inspection has been conducted. (b) (c) (2) (3) A person shall not commence a flight in commercial air transport unless all flight release documents, specified in the operations manual and signed by the pilot-in-command, are retained and available at the point of departure. A pilot-in-command shall carry a copy of the documents specified in sub- regulation (1) on the aircraft. 113. (1) Commercial air transport: loading of aircraft (2) (3) An air operator certificate holder shall not cause or permit an aircraft to be loaded for a flight for the purpose of commercial air transport except under the supervision of a person who the air operator certificate holder has caused to be furnished with written instructions as to the distribution and securing of the load so as to ensure that: (a) (b) the load may safely be carried on the flight; and any condition subject to which the certificate of airworthiness in force in respect of the aircraft was issued or rendered valid, being conditions relating to the loading of the aircraft are complied with. The instructions shall indicate the mass of the aircraft prepared for service, that is, the aggregate of the basic mass and the mass of such additional items in or on the aircraft as the operator thinks fit to include, and the instructions shall indicate the additional items included in the mass of the aircraft prepared for service, and shall show the position of the centre of gravity of the aircraft at that mass. The provisions of sub-regulation (2) shall not apply in relation to a flight if: (a) the aircraft’s authorized maximum take-off mass does not exceed 1,150 kg; or the aircraft’s authorized maximum take-off mass does not exceed 2,730 kg. and the flight is not intended to exceed sixty minutes in duration and is either a flight: (b) 520 Official Gazette nº 21bis of 25/05/2015 (i) (ii) solely for training persons to perform duties in an aircraft; or intended to begin and end at the same aerodrome. An operator of an aircraft shall not cause or permit the aircraft to be loaded in contravention of the instructions set out in sub-regulation (1). A person supervising the loading of the aircraft shall, before the commencement of a flight: (a) prepare and sign a load sheet in duplicate conforming to the requirements specified in sub-regulation (7); and unless the operator is the pilot-in-command of the aircraft, submit the load sheet for examination by the pilot-in-command of the aircraft who shall, upon being satisfied that the aircraft is loaded in the manner required by sub-regulation (1), sign his name thereon; (b) The requirements of sub-regulation (5) shall not apply where: (a) the load and the distributing and securing thereof upon the next intended flight are to be unchanged from the previous flight and the pilot-in-command of the aircraft makes and signs an endorsement to that effect upon the load sheet for the previous flight, indicating the date of the endorsement, the place of departure upon the next intended flight and the next intended destination; or as set out in sub-regulation (3), sub-regulation (2) does not apply in relation to the flight. (b) A pilot operating an aircraft shall ensure that one copy of the load sheet shall be carried in the aircraft when so required by these Regulations, until the flights to which the load sheet relates have been completed, and one copy of that load sheet and of the instruction referred to in this regulation shall be preserved by the operator until the expiration of a period of six months thereafter, and shall not be carried in the aircraft. A load sheet required under sub-regulation (5) shall contain the following information – (a) (4) (5) (6) (7) (8) (b) (c) (d) (e) (f) (9) (a) the nationality and registration marks of the aircraft to which the load sheet relates; particulars of the flight to which the load sheet relates; the total mass of the aircraft as loaded for the flight; the mass of the several items from which the total mass of the aircraft, as so loaded, has been calculated including in particular the mass of the aircraft prepared for service and the respective total mass of the passengers, crew, baggage and cargo intended to be carried on the flight; the manner in which the load is distributed and the resulting position of the centre of gravity of the aircraft which may be given approximately if and to the extent that the relevant certificate of airworthiness so permits; and at the foot or end of the load sheet, a certificate signed by the person referenced in sub-regulation (1) as responsible for the loading of the aircraft, stating that the aircraft has been loaded in accordance with the written instructions furnished to him by the operator of the aircraft pursuant to that sub-regulation. For the purpose of calculating the total mass of the aircraft, the respective total mass of the passengers and crew entered in the load sheet shall be computed from the actual mass of each person, and 521 Official Gazette nº 21bis of 25/05/2015 for that purpose each person shall be separately weighed unless sub-regulations (10), (11) and (12) apply. (10) (a) (b) When determining the actual mass by weighing, an operator must ensure that passengers’ personal belongings and hand baggage are included and such weighing shall be conducted immediately prior to boarding and at an adjacent location. An operator shall compute the mass of passengers and checked baggage using the standard mass values specified in Tables 2 and 3 except where the number of passenger seats available is less than 10; the standard masses values include hand baggage and the mass of any infant below 2 years of age carried by an adult on one passenger seat; infants occupying separate passenger seats shall be considered as children for the purpose of this regulation; in cases where the number of passenger seats available is less than 10, passenger mass may be established by use of a verbal statement by or on behalf of each passenger and adding to it a predetermined constant to account for hand baggage and clothing; the procedure specifying when to select actual or standard masses and the procedure to be followed when using verbal statements shall be included in the operations manual; (b) (c) (11) On flights where no hand baggage is carried in the cabin or where hand baggage is accounted for separately, 6 kg may be deducted from the male and female masses in table 1; articles such as an overcoat, an umbrella, a small handbag or purse, reading material or a small camera are not considered as hand baggage for the purpose of this regulation; TABLE 2-COMPUTATION OF MASS OF PASSENGERS Passenger seats 1-5 6-9 10-19 20 and more 30 and more Male Female 104 86 96 78 92 74 children 35 35 35 88 70 35 84 84 35 (12) Where the total number of passenger seats available on the aircraft is 20 or more the standard mass values given in Table 3 are applicable for each piece of checked baggage and for aircraft with less than 20 passenger seats the actual mass of checked baggage, determined by weighing, shall be used. TABLE 3- COMPUTATION OF MASS OF BAGGAGE Type of flight Baggage standard mass Domestic 11kg 522 Official Gazette nº 21bis of 25/05/2015 Regional Intercontinental All others 13kg 15kg 13kg (13) Where sub-regulations (10), (11) and (12) are applied, the load sheet shall bear a notation to that effect. (14) Where sub-regulatiosn (10), (11) and (12) may apply, the pilot-in- command shall, if the standard masses described in sub-regulation (10) appear to be inapplicable or doing so is in the interests of safety of the aircraft, require any or all of the passengers, crew and cargo to actually be weighed for the purpose of the entry to be made in the load sheet. Aircraft loading, mass and balance 114. A person shall not operate an aircraft unless: (a) (b) all loads carried are properly distributed and safely secured and comply with the aircraft limitations; and the calculations for the mass of the aeroplane and centre of gravity location indicate that the flight can be conducted safely, taking into account the flight conditions expected. Stowage of baggage and cargo 115. (1) (2) (3) An operator shall establish procedures to ensure that only such hand or carry-on baggage is taken into the passenger cabin as can be adequately and securely stowed. An operator shall establish procedures to ensure that all baggage and cargo on board, which might cause injury or damage, or obstruct aisles and exits if displaced, is placed in storages designed to prevent its movement. The procedure referred to in sub-regulation (2) shall take account of the following: (a) each item carried in cabin shall be stowed only in a location that is capable of restraining it; mass limitations placarded on or adjacent to stowages shall not be exceeded; underseat stowages shall not be used unless the seat is equipped with a restraint bar and the baggage is of such size that it may adequately be restrained by this equipment; items shall not be stowed in toilets or against bulkheads that are incapable of restraining articles against movement forwards, sideways or upwards and unless the bulkheads carry a placard specifying the greatest mass that may be placed there; baggage and cargo placed in lockers shall not be of such size that they prevent latched doors from being closed securely; baggage and cargo shall not be placed where it can impede access to emergency equipment; and checks shall be made before take-off, before landing and whenever the fasten seat belts signs are illuminated or it is otherwise so ordered to ensure that baggage is stowed where it cannot impede evacuation from the aircraft or cause injury by falling or other movement, as may be appropriate to the phase of flight. (b) (c) (d) (e) (f) (g) 523 Maximum allowable weights to be considered on all load manifests Flight release required: commercial air transport 118. Operational flight plan: commercial air transport Official Gazette nº 21bis of 25/05/2015 116. A pilot-in-command shall ensure that the maximum allowable mass for a flight does not exceed the maximum allowable take-off mass: (a) (b) for the specific runway and conditions existing at the take-off time; and considering anticipated fuel and oil consumption that allows compliance with applicable en route performance, landing mass, and landing distance limitations for destination and alternate aerodromes. 117. A person shall not commence a: (a) (b) flight under a flight following system without specific authority from the person authorized by the air operator certificate holder to exercise operational control over the flight; or passenger carrying flight in commercial air transport for which there is a published schedule, unless a qualified person authorized by the air operator certificate holder to perform operational control functions has issued a flight release for that specific operation or series of operations. (1) (2) (3) (4) (5) (6) A person shall not commence a flight unless the operational flight plan has been signed by the pilot-in-command. A pilot-in-command shall sign the operational flight plan only when he and the person authorized by the operator to exercise operational control have determined that the flight can be safely completed. The operational flight plan shall include the routing and fuel calculations, with respect to the meteorological and other factors expected, to complete the flight to the destination and all required alternates. A pilot-in-command signing the operational flight plan shall have access to the applicable flight planning information for fuel supply, alternate aerodromes, weather reports and forecasts and NOTAMs for the routing and destination aerodrome. Operational instructions involving a change in the air traffic services flight plan shall, when practicable, be coordinated with the appropriate air traffic services unit before transmission to the aeroplane. A person shall not continue a flight from an intermediate aerodrome without a new operational flight plan if the aircraft has been on the ground more than six hours. (7) Where applicable, the flight operations officer/flight dispatcher shall also (8) sign the operational flight plan. A copy of the operational flight plan shall be filed with the operator or a designated agent, or, if these procedures are not possible, it shall be left with the aerodrome authority or on record in a suitable place at the point of departure. PART VII - AIRCRAFT OPERATING AND PERFORMANCE LIMITATIONS Aircraft airworthiness 119. (1) A pilot-in-command shall not operate an aircraft until satisfied that: (a) the aircraft is airworthy and the appropriate certificates (i.e. All Aircraft 524 and safety precautions Performance, operating limitations and general duty of safety Official Gazette nº 21bis of 25/05/2015 (b) (c) airworthiness, registration) are on board the aircraft; the instruments and equipment installed in the aircraft are appropriate, taking into account the expected flight conditions; and any necessary maintenance has been performed and a certificate of release to service, if applicable, has been issued with respect to the aircraft. (2) A pilot-in-command carrying out commercial air transport operations shall certify by signing the aircraft technical log that they are satisfied that the requirements of sub-regulation (1) have been met for a particular flight. 120. (1) A person shall not operate an aircraft that: (a) (c) (b) exceeds its designed performance limitations for any operation, as established by the State of registry; exceeds operating limitations contained in the aeroplane flight manual, the rotorcraft flight manual, or its equivalent; and exceeds the terms of its certificate of airworthiness. (2) A person shall not commence a flight unless the performance information provided in the flight manual indicates that the provisions of regulations 144(3) to 144(5) can be complied with for the flight to be undertaken. (3) A person shall not operate an aircraft except if he complies with his general duty to ensure that the general level of safety contemplated by the Civil Aviation Regulations of Rwanda is maintained under all expected operating conditions, including those not covered specifically by the said Regulations. (4) Aeroplane operating procedures for rates of climb and descent (5) Where helicopters are operated to or from heliports in a congested hostile environment, the operator shall meet the requirements prescribed by the Authority, or the competent authority of the State in which the heliport is situated if outside Rwanda, to enable these operations to be conducted in a manner that gives appropriate consideration for the risk associated with an engine failure. (6) In applying these regulations, account shall be taken of all factors that significantly affect the performance of the helicopter (such as: mass, operating procedures, the pressure-altitude appropriate to the elevation of the operating site, temperature, wind and condition of the surface). Such factors shall be taken into account directly as operational parameters or indirectly by means of allowances or margins, which may be provided in the scheduling of performance data or in the code of performance in accordance with which the helicopter is being operated. 121. In-flight simulation of abnormal situations An operator shall ensure that when passengers or cargo are being carried, no emergency or abnormal situations shall be simulated. Test-flight areas 122. A person shall not operate an aircraft during a test-flight except over open water, or sparsely populated areas having light traffic. 525 Official Gazette nº 21bis of 25/05/2015 Operations in RNP, MNPS or RVSM airspace 123. (1) A person shall not operate an aircraft in defined portions of airspace or on routes where a required navigation performance (RNP) type has been prescribed, unless; (a) the aircraft is provided with navigation equipment, in addition to the requirements specified in the Civil Aviation (Instruments and Equipment) Regulations, which will enable it to operate in accordance with the prescribed RNP type(s); and (b) he is authorized by the State of the operator for operations in such airspace and has the required approval in the airspace of another State than the State of the operator. (2) A person shall not operate an aircraft in defined portions of airspace where, based on Regional Air Navigation Agreement, minimum navigation performance specifications (MNPS) are prescribed, unless the aircraft is equipped with navigation equipment which: (a) continuously provides indications to the flight crew of adherence to or departure from track to the required degree of accuracy at any point along that track; and has been authorized by the State of the Operator for MNPS operations concerned. (b) (3) A person shall not operate an aircraft in defined portions of airspace where, based on Regional Air Navigation Agreement, a reduced vertical separation minimum (RVSM) of 300 m (1 000 ft) is applied between FL 290 and FL 410 inclusive, unless; (a) authorized by the State of the operator in the airspace concerned and (b) the aircraft is provided with equipment which is capable of; (i) (ii) (iii) (iv) indicating to the flight crew the flight level being flown; automatically maintaining a selected flight level; providing an alert to the flight crew when a deviation occurs from the selected flight level; the threshold for the alert shall not exceed ± 90 m (300 ft); and automatically reporting pressure-altitude; (4) Prior to granting the reduced vertical separation minimum (RVSM) approval required in sub-regulation (4) the State of the operator shall be satisfied that: (a) the vertical navigation performance capability of the aircraft satisfies the requirements of the altimetry system performance for operations in RVSM airspace as prescribed by the Authority in the Civil Aviation (Instruments and Equipment) Regulations ; the operator has instituted appropriate procedures in respect of continued airworthiness (maintenance and repair) practices and programmes; and the operator has instituted appropriate flight crew procedures for operations in RVSM airspace. (b) (c) (5) A person does not operate an aircraft in accordance with this regulation unless the aircraft is sufficiently provided with navigation equipment to ensure that, in the event of the failure of one item of equipment at any stage of the flight, the remaining equipment will enable the aircraft to navigate in accordance with this regulation. 526 Official Gazette nº 21bis of 25/05/2015 Reporting of height-keeping performance 124. (1) The Authority, in consultation with the State of Registry if appropriate, shall ensure that, in respect of aeroplanes operating in RVSM airspace, adequate provisions exist for: (a) receiving the reports of height-keeping performance issued by the monitoring agencies established in accordance with ICAO Annex 11. (b) taking immediate corrective action for individual aircraft, or aircraft type groups, identified in such reports as not complying with the height-keeping requirements for operation in airspace where RVSM is applied. (2) An operator issued with an RVSM approval shall ensure that: (a) a minimum of two aeroplanes of each aircraft type grouping of the operator have their height-keeping performance monitored, at least once every two years or within intervals of 1 000 flight hours per aeroplane, whichever period is longer. (b) b) Where an operator aircraft type grouping consists of a single aeroplane, monitoring of that aeroplane shall be accomplished within the specified period. (3) Appropriate action will be taken in respect of aircraft and operators found to be operating in RVSM airspace without a valid RVSM approval. (1) An operator shall not employ electronic navigation data products that have been processed for application in the air and on the ground unless the State of the operator has approved the operator’s procedures or unless the process applied and the products delivered have met acceptable standards of integrity and such products are compatible with the intended function of the equipment that will use them. (2) The State of the operator shall ensure that the operator continues to monitor both process and products. (3) An operator shall implement procedures that ensure timely distribution and insertion of current and unaltered electronic navigation data to all aircraft that requires it. Electronic navigation data management 125. 126. (1) Compliance with visual and electronic glide slopes A pilot-in-command of an aircraft approaching to land on a runway served by a visual approach slope indicator or precision approach path indicator shall maintain an altitude at or above the glide slope until a lower altitude is necessary for a safe landing. (2) A pilot-in-command of a turbojet, turbofan, or large aircraft approaching to land on a runway served by an instrument landing system shall fly that aircraft at or above the glide slope from the point of interception of the glide slope to the decision height. 127. Restriction or suspension of operations: commercial air transport Where a pilot-in-command or an air operator certificate holder knows of conditions, including aerodrome and runway conditions, that are a hazard to safe operations, that pilot-in-command or air operator certificate holder shall restrict or suspend all commercial air transport operations to such aerodromes and runways as necessary until those conditions are corrected or have improved. 527 Official Gazette nº 21bis of 25/05/2015 128. Continuation of flight when destination aerodrome is temporarily restricted: commercial air transport 129. Continuation of IFR flight toward a destination A pilot-in-command shall not allow a flight to continue toward any aerodrome of intended landing where commercial air transport operations have been restricted or suspended, unless: (a) (b) in the opinion of the pilot-in-command, the conditions that are a hazard to safe operations may reasonably be expected to be corrected or have improved by the estimated time of arrival; or there is no safer procedure. A pilot shall not continue an instrument flight rules (IFR) flight toward an aerodrome or heliport of intended landing, unless the latest available meteorological information indicates that the conditions at that aerodrome or at least one destination alternate aerodrome shall, at the expected time of arrival, is at or above the specified instrument approach minima. Operations of single-engine aeroplane, performance Class 1, Class 2 and Class 3 helicopters 130. (1) An operator shall ensure that a single-engine aeroplane other than turbine- powered, is operated only in conditions of weather and light, and over such routes and diversions therefrom, that permit a safe forced landing to be executed in the event of engine failure. (2) In complying with sub-regulation (1) of this regulation:- (a) (b) the aeroplane shall not be assumed to be flying, with the engine operating within the maximum continuous power condition specified, at an altitude exceeding that which the rate of climb equals 90 m (300 ft) per minute; and the assumed en-route gradient shall be the gross gradient of descent increased by gradient of 0.5% (3) An operator shall ensure that a performance Class 3 helicopter is operated only in conditions of weather and light, and over such routes and diversions therefrom, that permit a safe forced landing to be executed in the event of engine failure. (4) Sub-regulation (3) applies also to performance Class 2 helicopter prior to the defined point after take-off and after the defined point before landing. (5) A person shall ensure that: (a) only Class 1 helicopter is operated from elevated heliports in congested areas; and (b) no performance Class 3 helicopter is operated from elevated heliports or helidecks. Operations in performance Class 3 in IMC shall be conducted only over a surface environment acceptable to the competent authority of the State over which the operations are performed. (c) In approving operations by helicopters operating in performance Class 3 in IMC, the Authority shall ensure that the helicopter is certificated for flight under IFR and that the overall level of safety intended by the provisions of these regulations is provided by: the reliability of the engines; the operator's maintenance procedures, operating practices and crew training programmes; and equipment and other requirements provided in accordance with Rules of the Air. (d) (e) (f) 528 Operations of single-engine turbine- powered aircraft at night or in IMC Official Gazette nº 21bis of 25/05/2015 131. (1) A person shall not operate a single-engine turbine-powered aircraft at night or in instrument meteorological conditions (IMC) unless he ensures that: (a) the reliability of the turbine engine is to a level of safety intended by these Regulations and the Civil Aviation (Airworthiness) Regulations; the maintenance procedures, operating practices, flight dispatch procedures and crew training programmes are as intended by these Regulations and the Civil Aviation (Airworthiness) Regulations; and equipment and other requirements for instrument flight rules (IFR) operations are as stipulated in the Civil Aviation (Instruments and Equipment) Regulations. (b) (c) 132. IFR take-off minima for commercial air transport Instrument approach procedures 133. (2) All single-engine turbine-powered aircraft operated at night or in IMC shall have an engine trend monitoring system, and those aircraft for which the individual certificate of airworthiness is first issued on or after 1 January 2006 shall have an automatic trend monitoring system Unless otherwise authorized by the Authority, no pilot operating an aircraft in commercial air transport operations shall accept a clearance to take off from an aerodrome under instrument flight rules (IFR) unless weather conditions are at or above: (a) (b) (c) for aircraft, other than helicopters, having two engines or less: one thousand five hundred metres;. for aircraft having more than two engines: eight hundred metres; for helicopters: eight hundred metres. (1) Subject to sub-regulations (2) and (3), a person shall not make an instrument approach at an airport except in accordance with instrument flight rules (IFR) weather minima and instrument approach procedures set out in the air operator certificate holder's operations specifications. (2) One or more instrument approach procedures designed to support instrument approach operations shall be approved and promulgated by the appropriate authority of the State in which the aerodrome or heliport is located to serve each instrument runway or aerodrome utilized for instrument flight operations. (3) All aircraft operated in accordance with instrument flight rules shall comply with the instrument flight procedures approved by the appropriate authority of the State in which the aerodrome or heliport is located, or, by the State which is responsible for the aerodrome or heliport when located outside the territory of any State. Commencing an approach instrument 134. (1) A pilot shall not continue an approach past the final approach fix, or where a final approach fix is not used, begin the final approach segment of an instrument approach procedure, at any aerodrome unless: (a) a source approved by the Authority issues a weather report for that aerodrome; and the latest weather report for that aerodrome indicates the visibility (b) 529 Official Gazette nº 21bis of 25/05/2015 to be equal to or more than the visibility minima prescribed for that procedure. (2) Where a pilot begins the final approach segment of an instrument approach procedure and subsequently receives a weather report indicating below minimum conditions, the pilot may continue the approach to decision height or minimum descent altitude. For the purpose of this regulation, the final approach segment begins at the final approach fix or facility prescribed in the instrument approach procedure. (3) (4) When a final approach fix is not prescribed for a procedure that includes a procedure turn, the final approach segment begins at the point where the procedure turn is completed and the aircraft is established inbound toward the aerodrome on the final approach course within the distance prescribed in the procedure Instrument approaches to aerodromes 135. (1) Instrument approach operations shall be classified based on the designed lowest operating minima below which an approach operation shall only be continued with the required visual reference as follows: (a) Type A: a minimum descent height or decision height at or above 75 m (250 ft); and (b) Type B: a decision height below 75 m (250 ft). Type B instrument approach operations are categorized as: (i) Category I (CAT I): a decision height not lower than 60 m (200 ft) and with either a visibility not less than 800 m or a runway visual range not less than 550 m; (ii) Category II (CAT II): a decision height lower than 60 m (200 ft), but not lower than 30 m (100 ft) and a runway visual range not less than 300 m; (iii) Category IIIA (CAT IIIA): a decision height lower than 30 m (100 ft) or no decision height and a runway visual range not less than 175 m; (iv) Category IIIB (CAT IIIB): a decision height lower than 15 m (50 ft), or no decision height and a runway visual range less than 175 m but not less than 50 m; and (v) Category IIIC (CAT IIIC): no decision height and no runway visual range limitations. 136. Threshold crossing height for 3D instrument approach operations Operation below DH or MDA 137. An operator shall establish operational procedures designed to ensure that aircraft being used to conduct 3D instrument approach operations crosses the threshold by a safe margin with the aircraft in the landing configuration and attitude. (1) Where a decision height or minimum descent altitude is applicable, a pilot shall not operate an aircraft at any aerodrome or heliport below the authorized minimum descent altitude, or continue an approach below the authorized decision height unless: (a) the aircraft is continuously in a position from which a descent to a landing on the intended runway can be made at a normal rate of 530 Official Gazette nº 21bis of 25/05/2015 (b) (c) (d) descent using normal manoeuvres; for commercial air transport operations, a descent rate shall allow touchdown to occur within the touchdown zone of the runway of intended landing; the flight visibility is not less than the visibility prescribed in the standard instrument approach being used; and at least one of the following visual references for the intended runway is distinctly visible and identifiable to the pilot: (i) the approach light system, except that the pilot shall not descend below 30 m (100 ft) above the touchdown zone elevation using the approach lights as a reference unless the red terminating bars or the red side row bars are also distinctly visible and identifiable; the threshold or the threshold markings; threshold lights; the runway end identifier lights; the visual approach slope indicator system; or precision approach path indicator; the touchdown zone or touchdown zone markings; the touchdown zone lights; the runway or runway markings; or the runway lights. (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) 138. Landing during instrument meteorological conditions 139. Execution of a missed approach procedure (2) (3) The visual references set out in sub-regulation (1) (d) shall not apply to Category II and III operations. The required visual references under Category II and III operations shall be provided in the air operator certificate holder’s operations specifications or a special authorization prescribed by the Authority. (4) For instrument approach and landing operations, aerodrome operating minimum below 800 m visibility shall not be authorized unless the required visual references information is provided. A pilot operating an aircraft shall not land that aircraft when the flight visibility is less than the visibility prescribed by the Authority in the standard instrument approach procedure being used. A pilot operating an aircraft shall immediately execute an appropriate missed approach procedure when either of the following conditions exist: (a) whenever the required visual reference criteria is not met in the following situations: (i) when the aircraft is being operated below minimum descent altitude (MDA); or (ii) upon arrival at the missed approach point, including a decision height (DH) where a DH is specified and its use is required, and at any time after that until touchdown; (b) whenever an identifiable part of the aerodrome is not distinctly visible to the pilot during a circling manoeuvre at or above MDA, unless the inability to see an identifiable part of the aerodrome results only from a normal bank of the aircraft during the circling approach. 531 Official Gazette nº 21bis of 25/05/2015 140. Minimum flight altitudes and Aerodrome operating minima (1) An operator shall be permitted to establish minimum flight altitudes for those routes flown for which minimum flight altitudes have been established by the State flown over or the responsible State, provided that they shall not be less than those established by that State. (3) (2) An operator shall specify the method by which it is intended to determine minimum flight altitudes for operations conducted over routes for which minimum flight altitudes have not been established by the State flown over or the responsible State, and shall include this method in the operations manual. The minimum flight altitudes determined in accordance with the above method shall not be lower than specified in Civil Aviation (Rules of the Air and Air Traffic Control) Regulations. The Authority shall approve the method referred to in sub-regulation (1) only after careful consideration of the probable effects of the following factors on the safety of the operation in question: (a) the accuracy and reliability with which the position of the aeroplane can (4) (5) (6) (7) be determined; (b) the inaccuracies in the indications of the altimeters used; (c) the characteristics of the terrain (e.g. sudden changes in the elevation); (d) the probability of encountering unfavourable meteorological conditions (e.g. severe turbulence and descending air currents); (e) possiblie inaccuracies in aeronautical charts; and (f) airspace restrictions. An operator establish aerodrome operating minima for each aerodrome to be used in operations and the method of determination of such minima shall be approved by the Authority. An operator’s minima shall not be lower than any that may be established for such aerodromes by the State in which the aerodrome is located, except when specifically approved by that State. In establishing the aerodrome operating minima which will apply to any particular operation, an operator shall take full account of: (a) the type, performance and handling characteristics of the aeroplane; (b) the composition of the flight crew, their competence and experience; (c) the dimensions and characteristics of the runways which may be selected for use; (d) the adequacy and performance of the available visual and non-visual ground aids; (e) the equipment available on the aeroplane for the purpose of navigation and/or control of the flight path during the approach to landing and the missed approach; (f) the obstacles in the approach and missed approach areas and the instrument approach the for obstacle clearance altitude/height procedures; (8) (g) the means used to determine and report meteorological conditions; and (h) the obstacles in the climb-out areas and necessary clearance margins. Instrument approach operations shall be classified based on the designed lowest operating minima below which an approach operation shall only be continued with the required visual reference as follows: (a) Type A: a minimum descent height or decision height at or above 75 m (250 ft); and (b) Type B: a decision height below 75 m (250 ft). Type B instrument 532 Official Gazette nº 21bis of 25/05/2015 approach operations are categorized as: (i) Category I (CAT I): a decision height not lower than 60 m (200 ft) and with either a visibility not less than 800 m or a runway visual range not less than 550 m; (ii) (iii) (iv) Category II (CAT II): a decision height lower than 60 m (200 ft), but not lower than 30 m (100 ft) and a runway visual range not less than 300 m; Category IIIA (CAT IIIA): a decision height lower than 30 m (100 ft) or no decision height and a runway visual range not less than 175 m; Category IIIB (CAT IIIB): a decision height lower than 15 m (50 ft), or no decision height and a runway visual range less than 175 m but not less than 50 m; and (v) Category IIIC (CAT IIIC): no decision height and no runway visual range limitations. (9) (10) Category II and Category III instrument approach operations shall not be authorized unless RVR information is provided. For instrument approach operations, aerodrome operating minima below 800 m visibility should not be authorized unless RVR information is provided. (11) The operating minima for 2D instrument approach operations using instrument approach procedures shall be determined by establishing a minimum descent altitude (MDA) or minimum descent height (MDH), minimum visibility and, if necessary, cloud conditions. (12) The operating minima for 3D instrument approach operations using instrument approach procedures shall be determined by establishing a decision altitude (DA) or decision height (DH) and the minimum visibility or RVR. Minimum altitudes for use of an autopilot 141. (1) Except as provided in sub-regulations (2),(3) and (4), a person shall not use an autopilot en route, including climb and descent, at an altitude above the terrain that is less than twice the maximum altitude loss specified in the aircraft flight manual for malfunction of the autopilot under cruise conditions, or less than 150 m (500 ft), whichever is higher. (2) When using an instrument approach facility, a person shall not use an autopilot at an altitude above the terrain that is less than twice the maximum altitude loss specified in the aircraft flight manual for a malfunction of the autopilot under approach conditions, or less than 15 m (50 ft) below the approved minimum descent altitude or decision height for the facility, whichever is higher, except: (a) when reported weather conditions are less than the basic visual flight rules (VFR) weather conditions as specified in the Civil Aviation (Rules of the Air and Air Traffic Control) Regulations, a person shall not use an autopilot with an approach coupler for instrument landing system approaches at an altitude above the terrain that is less than 15 m (50 ft) higher than the maximum altitude loss specified in the aircraft flight manual for the malfunction of the autopilot with approach coupler under approach conditions; and when reported weather conditions are equal to or better than the basic VFR minima as specified in the Civil Aviation (Rules of the (a) 533 Official Gazette nº 21bis of 25/05/2015 Air and Air Traffic Control) Regulations, a person shall not use an autopilot with an approach coupler for instrument landing system approaches at an altitude above the terrain that is less than the maximum altitude loss specified in the aircraft flight manual for the malfunction of the autopilot with approach coupler under approach conditions, or 15 m (50 ft), whichever is higher.. Receiver failure 142. (1) Where an aircraft radio station is unable to establish communication due to receiver failure, that aircraft shall transmit: (a) (b) reports at the scheduled times, or positions, on the frequency in use, preceded by the phrase “TRANSMITTING BLIND DUE TO RECEIVER FAILURE”; and the intended message, following this by a complete repetition, during this procedure, the aircraft shall also advise the time of its next intended transmission. (2) An aircraft which is provided with air traffic control service or advisory service shall, in addition to complying with sub-regulation (1), transmit information regarding the intention of the pilot-in-command with respect to the continuation of the flight of the aircraft. (3) Where a pilot-in-command is unable to establish communication due to airborne equipment failure he shall, when the aircraft is so equipped, select the appropriate SSR code 7600 to indicate radio failure. 143. Aircraft performance calculations for all aircraft (1) Aircraft shall be operated in accordance with a comprehensive and detailed code of performance established by the State of Registry in compliance with the applicable requirements or, other authorized source is used to determine compliance with the appropriate requirements of these Regulations. (2) When applying performance data, a person performing calculations shall account for the aircraft configuration, environmental conditions, and the operation of any system or systems which may have an adverse effect on performance. (3) In applying these requirements, account shall be taken of all factors that significantly affect the performance of the aeroplane or helicopter (such as: mass, operating procedures, the pressure-altitude appropriate to the elevation of the operating site, temperature, wind and condition of the surface) as prescribed by the Authority. Such factors shall be taken into account directly as operational parameters or indirectly by means of allowances or margins, which may be provided in the scheduling of performance data or in the code of performance in accordance with which the helicopter is being operated. (4) In conditions where the safe continuation of flight is not ensured in the event of a critical engine failure, helicopter operations shall be conducted in a manner that gives appropriate consideration for achieving a safe forced landing. (5) Where helicopters are operated to or from heliports in a congested hostile environment, the competent authority of the State in which the heliport is situated shall specify the requirements to enable these operations to be conducted in a manner that gives appropriate consideration for the risk 534 144. (1) General weight and obstruction clearance limitations Official Gazette nº 21bis of 25/05/2015 associated with an engine failure. A person shall not commence a flight without ensuring that the maximum take-off mass for the flight does not exceed the maximum take-off mass or maximum landing mass, or any applicable en route performance or landing distance limitations considering the: (a) (b) (c) (d) mass; operating procedures; condition of the take-off and landing areas to be used; the gradient and conditions of runway to be used for landplanes, or water surface for seaplanes; pressure-altitude appropriate to the elevation of the aerodrome, or operating site; ambient temperature; current and forecast winds; and any known conditions, such as atmospheric and aircraft configuration, which may adversely affect performance. (e) (f) (g) (h) (2) The factors referred to in sub-regulation (1) shall be taken into account directly as operational parameters or indirectly by means of allowance or margins, which may be provided in the scheduling of performance data or in the comprehensive and detailed code of performance in accordance with which the aircraft is being operated. (3) A person shall not commence a flight at a mass that, assuming normal engine operation, cannot safely clear all obstacles during all phases of flight, including all points along the intended en-route path or any planned diversions. (4) The mass of the aircraft at the start of take-off shall not exceed the mass at which sub-regulation (5)(a) is complied with, nor the mass at which in sub- regulations (5)(b), (c) and (d) are complied with, allowing for expected reductions in mass as the flight proceeds, and for such fuel jettisoning as is envisaged in applying sub-regulations (5)(b) and (c) and, in respect of alternate aerodromes, sub-regulations (4)(b) and (5)(d). (5) In case of an aircraft, in no case shall: a) The mass of the aeroplane at the start of take-off shall not exceed the mass at which take off is complied with, nor the mass at which en-route one engine inoperative, en-route two engines inoperative, and landing are complied with, allowing for expected reductions in mass as the flight proceeds, and for such fuel jettisoning as is envisaged in applying en-route one inoperative and two engines en-route inoperative and, in respect of alternate aerodromes, maximum landing mass. c) b) In no case shall the mass at the start of take-off exceed the maximum take- off mass specified in the flight manual for the pressure-altitude appropriate to the elevation of the aerodrome, and, if used as a parameter to determine the maximum take-off mass, any other local atmospheric condition. In no case shall the estimated mass for the expected time of landing at the aerodrome of intended landing and at any destination alternate aerodrome, exceed the maximum landing mass specified in the flight manual for the pressure-altitude appropriate to the elevation of those aerodromes, and if used as a parameter to determine the maximum landing mass, any other local atmospheric condition. 535 Official Gazette nº 21bis of 25/05/2015 d) In no case shall the mass at the start of take-off, or at the expected time of landing at the aerodrome of intended landing and at any destination alternate aerodrome, exceed the relevant maximum masses at which compliance has been demonstrated with the applicable noise certification Part III, aircraft maintenance requirements unless otherwise authorized in exceptional circumstances for a certain aerodrome or a runway where there is no noise disturbance problem, by the competent authority of the State in which the aerodrome is situated. (6) The mass referred to in sub-regulation (3) is calculated in the following cases of operating limitations as follows: (a) Take-off, as specified in regulation151; (b) En route-one power-unit inoperative. as specified in regulations 152 to 154; (c) En route-two power-units inoperative. as specified in regulations 152 to 154; and (d) Landing. as specified in regulation 155. . 145. (1) Category II and III operations: general operating rules A person shall not operate an aircraft in a Category II or III operations unless:- (a) the pilot-in-command and co-pilot of the aircraft hold the appropriate authorizations and ratings prescribed in the Civil Aviation (Personnel Licensing) Regulations; each flight crew member has adequate knowledge of, and familiarity with, the aircraft and the procedures to be used; and the instrument panel in front of the pilot who is controlling the aircraft has appropriate instrumentation for the type of flight control guidance system that is being used. (b) (c) (2) Unless otherwise authorized by the Authority, a person shall not operate an aircraft in a Category II or Category III operations unless each ground component required for that operation and the related airborne equipment is installed and operating. (3) Where the approach procedure being used provides for and requires the use of a decision height or decision altitude, the authorized decision height or decision altitude is the highest of the following: (a) the decision height or decision altitude prescribed by the approach procedure; the decision height or decision altitude prescribed for the pilot in command; or the decision height or decision altitude for which the aircraft is equipped. (b) (c) (4) Unless otherwise authorized by the Authority, a pilot operating an aircraft in a Category II or Category III approach that provides and requires use of a decision height or decision altitude shall not continue the approach below the authorized decision height unless: (a) the aircraft is in a position from which a descent to a landing on the intended runway can be made at a normal rate of descent using normal manoeuvres, and where that descent rate shall allow touchdown to occur within the touchdown zone of the runway of intended landing; at least one of the following visual references for the intended runway is distinctly visible and identifiable to the pilot:- (b) 536 Official Gazette nº 21bis of 25/05/2015 (i) (ii) (iii) (iv) (v) the approach light system, except that the pilot shall not descend below 30 m (100 ft) above the touchdown zone elevation using the approach lights as a reference unless the red terminating bars or the red side row bars are also distinctly visible and identifiable; the threshold or the threshold markings; the threshold lights; the touchdown zone or touchdown zone markings; the touchdown zone lights. (5) (6) (7) (8) Unless otherwise authorized by the Authority, a pilot operating an aircraft shall immediately execute an appropriate missed approach procedure whenever, prior to touchdown, the requirements of sub-regulation (4) are not met. A person operating an aircraft using a Category III approach without decision height shall not land that aircraft except in accordance with the provisions of the letter of authorization issued by the Authority. Sub-regulations (1) to (6) do not apply to operations conducted by air operator certificate holders issued with a certificate under the Civil Aviation (Air Operator Certification and Administration) Regulations. A person shall not operate an aircraft in a Category II or Category III operations conducted by an air operator certificate holder unless the operation is conducted in accordance with that air operator certificate holder's operation specifications. Category II and Category III: operations manual. 146. (1) Except as provided in sub-regulation (3), a person shall not operate an aircraft in a Category II or a Category III operation unless:- (a) (b) (c) there is available in the aircraft a current and approved Category II or Category III manual, as appropriate, for that aircraft; the operation is conducted in accordance with the procedures, instructions, and limitations in the appropriate manual; and the instruments and equipment listed in the manual that are required for a particular Category II or Category III operation have been inspected and maintained in accordance with the maintenance programme contained in the manual. An operator shall keep a current copy of each approved manual at its principal base of operations and shall make each manual available for inspection upon request by the Authority. Sub-regulations (1) and (2) do not apply to operations conducted by an air operator certificate holder issued a certificate under the Civil Aviation (Air Operator Certification and Administration) Regulations. An applicant for approval of a Category II or III operations manual or an amendment to an approved Category II operations manual shall submit the proposed manual or amendment to the Authority. (2) (3) (4) (5) Where the application made under these Regulations is a request for an evaluation programme, the application shall include the following: (a) the location of the aircraft and the place where the demonstrations are to be conducted; and (b) the date the demonstrations are to commence (at least 10 days after filing the application). (6) A Category II or III operations manual shall contain:- 537 Official Gazette nº 21bis of 25/05/2015 (a) (b) (c) the registration number, make, and model of the aircraft to which it applies; a maintenance programme; and the procedures and instructions related to: (i) recognition of decision height or decision altitude; (ii) use of runway visual range information; (iii) approach monitoring; (iv) the decision region, which is the region between the middle marker and the decision height or decision altitude; the basic the maximum permissible deviations of instrument landing system indicator within the decision region; (v) (vi) a missed approach procedure; (vii) use of airborne low approach equipment; (viii) minimum altitude for the use of the autopilot; (ix) instrument and equipment failure warning systems; (x) (xi) instrument failure; and other procedures, instructions, and limitations that may be found necessary by the Authority. 147. (1) Authorization for deviation from certain Category II operations The Authority may authorise deviations from the requirements of regulations 145 and 146 for the operation of small aircraft in Category II operations if the Authority finds that the proposed operation can safely be conducted. (2) The authorization specified in sub-regulation (1) of this regulation does not the aircraft carrying persons or property for permit operation of compensation or hire. General 148. Aircraft used in Commercial Air Transport (1) Where full compliance with the requirements of these Regulations cannot be shown due to specific design characteristics, for example, seaplanes, airships, or supersonic aircraft, the operator shall apply approved performance standards that ensure a level of safety not less restrictive than those of relevant requirements of this regulation. (2) A person shall not operate a multi-engined aircraft used for commercial air transport that is unable to comply with any of the performance limitations of regulations 151 up to 155, inclusive, unless that aircraft is continually operated: (a) (b) (c) in daylight; in visual flight rules (VFR); and at a weight that shall allow it to climb, with the critical engine inoperative, at least 15 m (50 ft) a minute when operating at the minimum en-route altitude of the intended route or any planned diversion, or at 1,500 m (5,000 ft) above mean sea level, whichever is higher. (3) A multi-engined aircraft that is unable to comply with sub-regulation (2)(c) shall, for the purpose of this regulation, be considered as a single engined aircraft. 538 Official Gazette nº 21bis of 25/05/2015 Rules of the air and air traffic control 149. Every person and every aircraft shall comply with the Civil Aviation (Rules of the Air and Air Traffic Control) Regulations. 150. (1) Aircraft performance calculations for commercial air transport (2) A person shall not commence a flight in an aircraft used in commercial air transport without ensuring that the applicable operating and performance limitations required by this regulation can be accurately computed based on the aeroplane flight manual, rotorcraft flight manual, or other data source approved by the Authority. A person calculating performance and operating limitations for an aircraft used in commercial air transport shall ensure that performance data used to determine compliance with this regulation can, during any phase of flight, accurately account for: (a) any reasonably expected adverse operating conditions that may affect aircraft performance; one engine failure for aircraft having applicable; and two engine failure for aircraft having three or more engines, if applicable. two engines, where (b) (c) (3) When calculating the performance and limitation requirements of sub- regulation (2) a person shall take into account, as a minimum level of performance, the requirements prescribed by the Authority. (4) Where conditions are different from those on which the performance is based, compliance may be determined by interpolation or by computing the effects of changes in the specific variables, if the results of the interpolation or computations are substantially as accurate as the results of direct tests. To allow for wind effect, take-off data based on still air may be corrected by taking into account not more than fifty percent of any reported headwind component and not less than one hundred and fifty per cent of any reported tailwind component. (5) 151. Take-off and initial climb phase limitations (1) A person shall not commence a flight in an aeroplane used in commercial air transport unless the following requirements are met when determining the maximum permitted take-off mass: (a) (b) the take-off run shall not be greater than the length of the runway; for turbine engine powered aeroplanes: (i) the take-off distance shall not exceed the length of the runway plus the length of any clearway, except that the length of any clearway included in the calculation shall not be greater than ½ the length of the runway; and the accelerate-stop distance shall not exceed the length of the runway, plus the length of any stopway, at any time during take-off until reaching V1; (ii) (c) (d) for reciprocating engine powered aeroplanes the accelerate-stop distance shall not exceed the length of the runway at any time during take-off until reaching V1; and where the critical engine fails at any time after the aeroplane reaches V1, to continue the take-off and clear all obstacles either: (i) by a height of at least 9.1 m (35 ft) vertically for turbine engine powered aeroplanes or 15.2 m (50 ft) for 539 Official Gazette nº 21bis of 25/05/2015 (ii) reciprocating engine powered aeroplanes; and by at least 60 m (200 ft) horizontally within the aerodrome boundaries and by at least 90 meters (300 ft) horizontally after passing the boundaries, without banking more than fifteen degrees at any point on the take-off flight path. (iii) The operator shall take account of charting accuracy when assessing compliance with take-off initial climb phase limitations. (2) A person shall not take-off a helicopter used in commercial air transport that cannot: (a) for performance class 1 helicopters: (i) (ii) in the event of a critical power-unit failing, at or before the take-off decision point, discontinue the take-off and stop within the rejected take-off area available; or in the event of a critical power-unit failing, past the take-off decision point, continue the take-off and then climb, clearing all obstacles along the flight path by an adequate margin, until a suitable landing site is found without flying below the appropriate minimum flight altitude at any point; or (b) for performance class 2 helicopters: (i) with all engines operating, clear all obstacles along its flight path by an adequate margin until a suitable landing site is found without flying below the appropriate minimum flight altitude at any point; or (ii) in the event of the critical power-unit becoming inoperative, before reaching a defined point after take-off, safely execute a forced landing within the rejected take-off area available, in application of regulation 130(4); or (iii) in the event of a critical power-unit failing, at any point after reaching a defined point after take-off, continue the take- off and initial climb, and clear all obstacles along its flight path by an adequate margin, until a suitable landing site is found without flying below the appropriate minimum flight altitude at any point. (c) for performance class 3 helicopters: (i) (ii) is found without flying below with all engines operating, clear the obstacles along its flight path by an adequate margin until a suitable landing site the appropriate minimum flight altitude at any point; or in the event of a critical power-unit failing, at any point of the flight, safely execute a forced landing within the rejected take-off area available, in application of regulation 130(3). 152. (1) En-route limitations: all engines operating aeroplanes and performance class 3 A person shall not commence a flight in a reciprocating engine powered aeroplane used in commercial air transport at a weight that does not allow a rate of climb of at least 6.9 Vso with all engines operating, at an altitude of at least 300 m (1,000 ft) above all terrain and obstructions within ten miles of each side of the intended track. In this regulation the term “6.9 Vso” means the number of feet per minute (2) 540 Official Gazette nº 21bis of 25/05/2015 helicopter. En-route limitations: one engine inoperative and performance class 1 and class 2 helicopters with one or two power-units (3) obtained by multiplying the aircraft's minimum steady flight speed by 6.9. A person shall not commence a flight in commercial air transport performance class 3 helicopter unless that helicopter is able, with all power- units operating, to continue at any point below the appropriate minimum flight altitude. 153. (1) (2) (3) An operator shall ensure that the one engine inoperative en-route net flight path data shown in the aeroplane flight manual, appropriate to the meteorological conditions expected for the flight, complies with either sub- regulation (2) or (3) at all points along the route. The net flight path shall have a positive gradient at 455 m (1,500) ft above the aerodrome where the landing is assumed to be made after engine failure, in meteorological conditions requiring the operation of ice protection systems, the effect of their use on the net flight path must be taken into account. The gradient of the net flight path shall be positive at least 300 m (1,000 ft) above all terrain and obstructions along the route within 9.3 km (5 nm) on either side of the intended track. (4) The net flight path shall permit the aeroplane to continue flight from the cruise altitude to an aerodrome where a landing can be made in accordance with regulation 155 as appropriate, the net flight path clearing vertically, by at least 600 m (2,000 ft), all terrain and obstructions along the route within 9.3 km (5 nm) on either side of the intended track in accordance with the following: (a) (b) (c) (d) the engine is assumed to fail at the most critical point along the route; account is taken of the effects of winds on the flight path; fuel jettisoning is permitted to an extent consistent with reaching the aerodrome with the required fuel reserves, if a safe procedure is used; and the aerodrome where the aeroplane is assumed to land after engine failure shall meet the following criteria: ( ) the performance requirements at the expected landing mass are met; and weather reports or forecasts or any combination thereof, and field condition reports indicate that a safe landing can be accomplished at the estimated time of landing. (i) (5) An operator shall increase the width margins of sub-regulation (4) to 18.5 km (10 nm) if the navigational accuracy does not meet the 95% containment level. (6) A person shall not commence a flight in commercial air transport performance class 1 and class 2 helicopters having one or two power-units unless that helicopter can, in the event of the critical power-unit failing and any point in the en-route phase, continue the flight to the destination or alternate landing site without flying below the minimum flight altitude at any point and clearing all obstacles in the approach path by a safe margin. (7) Operations in performance Class 3. The helicopter shall be able, with all engines operating, to continue along its intended route or planned diversions without flying at any point below the appropriate minimum flight altitude. At any point of the flight path, failure of an engine will cause the helicopter to force-land; 541 154. (1) En-route limitations: performance class 1 and class 2 with three or more engines, (2) (3) (4) (5) (6) (7) (8) (9) Approach and landing limitations 155. (1) Official Gazette nº 21bis of 25/05/2015 A person may not take-off an aeroplane used in commercial air transport having three or more engines at such a weight where there is no suitable landing aerodrome within 90 minutes at any point along the intended route, with all engines operating at cruising power, unless that aircraft can, in the event of simultaneous power failure of two critical engines at the most critical point along that route, continue to a suitable landing aerodrome while complying with the requirements of sub-regulations (2) to (6). The two engines inoperative en-route net flight path data shall permit the aeroplane to continue the flight, in the expected meteorological conditions, from the point where two engines are assumed to fail simultaneously, to an aerodrome at which it is possible to land and come to a complete stop when using the prescribed procedure for a landing with two engines inoperative. The net flight path referred to in sub-regulation (2) shall clear vertically, by at least 600 m (2,000 ft) all terrain and obstacles along the route within 9.3 km (5 nm) , on either side of the intended track. At altitudes and in meteorological conditions requiring ice protection systems to be operable, the effect of their use on the net flight path data shall be taken into account, and if the navigational accuracy does not meet the 95% containment level, an operator must increase the width margin given above to 18.5 km (10 nm). The two engines are assumed to fail at the most critical point of that portion of the route where the aeroplane is more than ninety minutes, at the all engines long range cruising speed at standard temperature in still air, away from an aerodrome at which the performance requirements applicable at the expected landing mass are met. The net flight path shall have a positive gradient at 455 m (1,500 ft) above the aerodrome where the landing is assumed to be made after the failure of two engines. Fuel jettisoning in an aeroplane referred to in this regulation is permitted to an extent consistent with reaching the aerodrome with the required fuel reserves, if a safe procedure is used. The expected mass of the aeroplane at the point where the two engines are assumed to fail shall not be less than that which would include sufficient fuel to proceed to an aerodrome where the landing is assumed to be made, and to arrive there at least 455 m (1500 ft) directly over the landing area and thereafter to fly level for fifteen minutes. A person shall not commence a flight in a performance class 1 or performance class 2 helicopter used in commercial air transport having three or more engines unless that helicopter can, in the event of two critical engines failing simultaneously at any point in the en-route phase, continue the flight to a suitable landing site. A person shall not commence a flight in an aeroplane used in commercial air operations unless the aeroplane mass on arrival at either the intended destination aerodrome or any planned alternate aerodrome would allow a full stop landing from a point 15 m (50 ft) above the intersection of the obstruction clearance plane and the runway, and within: (a) for turbine engine powered aeroplanes, sixty percent of the effective length of each runway; and for reciprocating engine powered aeroplanes, seventy percent of the effective length of each runway. (b) (2) A person determining the landing limit shall ensure that for the purpose of determining the allowable landing weight at the destination aerodrome: (a) the aeroplane is landed on the most favourable runway and in the 542 Official Gazette nº 21bis of 25/05/2015 (b) most favourable direction, in still air; or the aeroplane is landed on the most suitable runway considering the probable wind velocity and direction, runway conditions, the ground handling characteristics of the aeroplane, and considering other conditions such as landing aids and terrain. (3) Where the runway at the landing destination is reported or forecast to be wet or slippery, the landing distance available shall be at least one hundred and fifteen percent of the required landing distance unless, based on a showing of actual operating landing techniques on wet or slippery runways: (a) a shorter landing distance not less than that required by sub- regulation (1) has been approved for a specific type and model of aeroplane; and this information is included in the aircraft flight manual. (b) A turbine powered transport category aeroplane that would be prohibited from taking off because it could not meet the requirements of sub- regulation (1)(a), may take off if an alternate aerodrome is specified that meets all the requirements of sub-regulation (1). A person shall not commence a flight in a helicopter used in commercial air transport unless, with all engines operating on arrival at the intended destination landing site or any planned alternate landing, it can clear all obstacles on the approach path and can land and stop within the landing distance available. A person shall not commence a flight in a helicopter used in commercial air transport unless, in the event of any engine becoming inoperative in the approach and landing phase on arrival at the intended destination landing site or any planned alternate landing, the helicopter can: (a) (4) (5) (6) for performance class 1 helicopters: (i) to (ii) that specified before the landing decision point, after clearing all obstacles on the approach path by a safe margin, land and stop within the landing distance available or perform a balked landing and clear all obstacles in the flight path by an adequate margin equivalent in regulation 151(2)(a); or after the landing decision point, land and stop within the landing distance available; for performance class 2 helicopters: (i) before the landing decision point, after clearing all obstacles on the approach path by a safe margin, land and stop within the landing distance available or perform a balked landing and clear all obstacles in the flight path by an adequate margin equivalent to that specified in regulation 151(2)(b); or (b) (ii) after the landing decision point, safely execute a forced landing within the landing distance available; (c) performance class 3 helicopters: at any point of the flight path, safely execute a forced landing within the landing distance available. For purposes of sub-regulation (1), an “obstruction clearance plane” is a (a) sloping upward from the runway at a slope of 1:20 to the horizontal, and tangent to or clearing all obstructions within a (7) plane: 543 Official Gazette nº 21bis of 25/05/2015 (b) (c) (d) specified area surrounding the runway as shown in a profile view of that area; in the plane view, the centreline of the specified area coincides with the centreline of the runway, beginning at the point where the obstruction clearance plane intersects the centreline of the runway and proceeding to a point at least 455 m (1,500 ft) from the beginning point; the centreline coincides with the takeoff path over the ground for the runway (in the case of takeoffs) or with the instrument approach counterpart (for landings), or where the applicable one of these paths has not been established, it proceeds consistent with turns of at least 1,200 m (4,000 ft) radius until a point is reached beyond which the obstruction clearance plane clears all obstructions; and this area extends laterally 60 m (200 ft) on each side of the centreline at the point where the obstruction clearance plane intersects the runway and continues at this width to the end of the runway; then it increases uniformly to 150 m (500 ft) on each side of the centreline at a point 455 m (1,500 ft) from the intersection of the obstruction clearance plane with the runway; thereafter, it extends laterally 150 m (500 ft) on each side of the centreline. PART VII - PASSENGER AND PASSENGER HANDLING All Passenger- Carrying Operations A person on board an aircraft shall not: (a) (b) interfere with a crew member in the performance of that crew members’ duties; refuse to fasten his seat belt and keep it fastened while the seat belt sign is lighted; (c) wilfully, recklessly or negligently act or omit to act: (i) (ii) so as to endanger an aircraft or persons and property therein; so as to cause or permit an aeroplane to endanger any person or property; secrete himself nor secrete cargo on board an aircraft; smoke while the no-smoking sign is lighted; smoke in any aircraft lavatory; tamper with, disable or destroy any smoke detector installed in any aircraft lavatory; or (d) (e) (f) (g) (h) wilfully, recklessly or negligently imperil the safety of an aircraft or any person on board, whether by interference with any crew member, or by tampering with the aircraft or its equipment, or by disorderly conduct by any other means. Unacceptable conduct 156. 157. (1) Refuelling or defuelling with passengers on board A pilot-in-command shall not allow an aeroplane to be refuelled or defuelled when passengers are embarking, on board or disembarking unless: 544 Official Gazette nº 21bis of 25/05/2015 (a) (b) the aeroplane is properly attended by qualified personnel ready to initiate and direct an evacuation of the aeroplane by the most practical and expeditious means available; and two-way communication is maintained by the aeroplane’s inter- commonunication system or other suitable means between the qualified personnel on board the aeroplane and the ground crew supervising the refuelling. (2) Unless specifically authorized by the Authority, in which case sub- regulation (1) will be applicable, a person shall not allow a helicopter to be refuelled or defuelled when: (a) (b) passengers are embarking, on board, or disembarking; or the rotors are turning. 158. (1) Passenger seats, safety belts and shoulder harnesses (2) (3) A pilot-in-command shall ensure that each person onboard the aircraft from the age of 2 years occupies an approved seat or berth with their own individual safety belt and shoulder harness, if installed, properly secured during take-off and landing. A passenger shall have his seatbelt securely fastened at any other time the pilot-in-command determines it is necessary for safety. The operator shall ensure that during take-.off and landing and whenever, by reason of turbulence or any emergency occurring during flight the precaution is considered necessary, all passengers on board an aeroplane shall be secured in their seats by means of seat belts or harnesses provided. (4) When cabin crew members are required in a commercial air transport operation, the pilot-in-command may delegate the responsibility specified in sub-regulation (1) to the cabin crew member, but shall ascertain that the proper briefing has been conducted prior to take-off. Passenger briefing AOC holder aircraft 159. (1) A pilot-in-command of an air operator certificate holder aircraft shall ensure that crew members and passengers are made familiar, by means of an oral briefing or by other means, with the location and use of the following items: (a) (b) (c) (d) seat belts; emergency exits; life jackets, if the carriage of life jackets is prescribed; oxygen dispensing equipment, if the provision of oxygen for the use of passengers is prescribed; and other emergency equipment provided for individual use, including passenger emergency briefing cards. (e) (2) (3) An operator shall ensure that all persons on board are aware of the location and general manner of use of the principal emergency equipment carried for collective use. An operator may delegate the responsibility of briefing passengers under this regulation to any crew member on board the aircraft, and the pilot-in- command shall ascertain that the briefing has been conducted prior to take- off. In-flight emergency instruction 160. (1) In an emergency during flight, the pilot-in-command shall ensure that all persons on board are instructed in such emergency action as may be 545 Official Gazette nº 21bis of 25/05/2015 (2) appropriate to the circumstances. A pilot-in-command may delegate the responsibility of briefing passengers under this regulation to any other crew member on board the aircraft. (3) A PIC shall, for each type of aeroplane, assign to all flight crew members the necessary functions to perform in an emergency or in a situation requiring emergency evacuation. (4) In accomplishing function referred to in sub regulation (3), annual training shall be contained in the operator’s training programme and shall include instruction in the use of all emergency and lifesaving equipment required to be carried and drills in the emergency evacuation of the aeroplane An operator of an aircraft, or in case of general aviation operations, a pilot-in- command, shall: (a) (b) (c) ensure that breathing oxygen and masks are available to passengers in sufficient quantities for all flights at such altitudes where a lack of oxygen might harmfully affect passengers; ensure that the minimum supply of oxygen prescribed by the Authority is on board the aircraft; and require all passengers to use oxygen continuously at cabin pressure altitudes above 4,550 m (15,000 ft). (1) A person shall not permit any person who appears to be intoxicated or who demonstrates, by manner or physical indications, that that person is intoxicated to- (a) board an aircraft; or (b) while on board the aircraft be served alcohol. (2) A person shall not: (a) board an aircraft while intoxicated or under the influence of drugs; or while on board the aircraft, be intoxicated or under the influence of drugs Commercial Air Transport Passenger Carrying Operations 161. Passenger oxygen: minimum supply and use Alcohol or drugs 162. Passenger compliance with instructions 163. A passenger on a commercial air transport flight shall comply with instructions given by a crew member in compliance with these Regulations. Denial of transportation 164. An air operator certificate holder may deny transportation to a passenger who: (a) refuses to comply with the instructions regarding exit seating restrictions prescribed by the Authority; or (b) has a handicap that can be physically accommodated only through causing an obstruction to the safe evacuation of other passengers from the aircraft as provided for in regulation 167. 165. Carriage of persons without compliance with A pilot-in-command or an operator shall not allow a person to be carried without compliance to the passenger carrying requirements unless there is an approved seat with an approved seat belt for that person, and: 546 passenger- carrying requirements Cabin crew at duty stations 166. Official Gazette nº 21bis of 25/05/2015 (a) (b) (c) (d) the seat is so located that the occupant is not in any position to interfere with the flight crew members performing their duties; there is unobstructed access from the approved seat to the flight deck or a regular or emergency exit; there is a means for notifying that person when smoking is prohibited and when seat belts shall be fastened; and that person has been orally briefed by a crew member on the use of emergency equipment and exits. (1) (2) During taxi, of an aircraft a cabin crew member shall remain at his duty station with safety belt and shoulder harness fastened except to perform duties related to the safety of the aircraft and its occupants. During taxi of an aircraft cabin crew members shall be located as near as practicable to required floor level exits and shall be uniformly distributed throughout the aircraft to provide the most effective egress of passengers in event of an emergency evacuation. (3) When passengers are on board a parked aircraft, cabin crew members or another person qualified in emergency evacuation procedures for the aircraft shall be placed in the following manner: (a) if only one cabin crew member is required, that cabin crew member shall be located in accordance with the air operator certificate holder’s operations manual procedures; or if more than one cabin crew member is required, those crew members shall be spaced throughout the cabin to provide the most effective assistance for the evacuation in case of an emergency. (b) (4) Cabin crew seats shall be located near floor level and other emergency exits as required by the State of Registry for emergency evacuation Evacuation capability 167. A pilot-in-command or other person assigned by the air operator certificate holder shall ensure that, when passengers are on board the aircraft prior to movement on the surface, at least one floor-level exit provides for egress of passengers through normal or emergency means. Arming of automatic emergency exits 168. A person shall not cause an aircraft carrying passengers to be moved on the surface, take-off or land unless each automatically deployable emergency evacuation assisting means installed on the aircraft is ready for evacuation. Accessibility of emergency exits and equipment. 169. A person shall not allow carry-on baggage or other items to block access to the emergency exits when the aircraft is moving on the surface, during take-off or landing, or while passengers remain on board. 170. (1) Stops where passengers remain on board. At stops where passengers remain on board the aircraft, the pilot-in- command shall ensure that: (a) (b) all engines are shut down; at least one floor level exit remains open to provide for the evacuation of passengers if necessary; and there is at least one person immediately available who is qualified (c) 547 Official Gazette nº 21bis of 25/05/2015 in the emergency evacuation of the aircraft and who has been identified to the passengers on board as responsible for the passenger safety. (2) Where refuelling with passengers on board, the pilot-in-command or a designated air operator certificate holder’s representative shall ensure that the air operator certificate holder’s operations manual procedures are followed. 171. Carriage of persons with reduced mobility A person shall not allow a person of reduced mobility to occupy seats where his presence could: (a) (b) (c) impede the crew in their duties; obstruct access to emergency equipment; or impede the emergency evacuation of the aircraft. Exit row seating 172. (1) (2) A pilot-in-command shall ensure that no passenger sits in an emergency exit row if the pilot-in-command determines that it is likely that the passenger would be unable to understand and perform the functions necessary to open an exit and to exit rapidly. A pilot-in-command shall ensure that a person is not seated in a passenger exit seat if it is likely that the person would be unable to perform one or more of the applicable functions listed below: (a) (v) (ii) (iii) (iv) lacks sufficient mobility, strength, or dexterity in both arms and hands, and both legs to: (i) reach upward, sideways, and downward to the location of emergency exit and exit-slide operating mechanisms; grasp and push, pull, turn, or otherwise manipulate those mechanisms; push, shove, pull, or otherwise open emergency exits; lift out, hold, deposit on nearby seats, or manoeuvre over the seatbacks to the next row objects the size and weight of over-wing window exit doors; remove obstructions of size and weight similar over-wing exit doors; (vi) reach the emergency exit expeditiously; (vii) maintain balance while removing obstructions; (viii) (ix) (x) is less than fifteen years of age or lacks the capacity to perform one or more of the applicable functions listed in this regulation without assistance; lacks the ability to read and understand instructions required by this regulation and related to emergency evacuation provided by the air operator certificate holder in printed or graphic form or the ability to understand oral crew commands; lacks sufficient visual capacity to perform one or more of the functions specified in sub-paragraphs (a) up to (c) without the assistance of visual aids beyond contact lenses or eyeglasses; lacks sufficient aural capacity to hear and understand instructions given by cabin crew members, without assistance beyond a hearing exit expeditiously; stabilise an escape slide after deployment; or assist others in getting off an escape slide; 548 (b) (c) (d) (e) Official Gazette nº 21bis of 25/05/2015 (f) (g) aid; lacks the ability to adequately impart information orally to other passengers; or has a condition or responsibilities, such as caring for small children, that might prevent the person from performing one or more of the functions listed above or a condition that might cause the person harm if he performs one or more of the functions listed above. Determination by a crew member as to the suitability of each person permitted to occupy an exit seat shall be made by the cabin crew members. (3) (6) (5) (7) (4) Where a cabin crew member determines that a passenger assigned to an exit seat would be unable to perform the emergency exit functions, or if a passenger requests a non-exit seat, the cabin crew member shall expeditiously relocate the passenger to a non-exit seat. In the event of full booking in the non-exit seats, and if necessary to accommodate a passenger being relocated from an exit seat, the cabin crew member shall move a passenger who is willing and able to assume the evacuation functions, to an exit seat. An air operator certificate holder shall ensure that a ticket agent shall, prior to boarding, assign seats consistent with the passenger selection criteria and the emergency exit functions, to the maximum extent feasible. An air operator certificate holder shall ensure that a ticket agent shall make available for inspection by the public at all passenger loading gates and ticket counters at each aerodrome where it conducts passenger operations, written procedures established for making determinations in regard to exit row seating. A cabin crew member shall include in their passenger briefings a request that a passenger identify himself to allow reseating if that passenger: (a) (b) cannot meet the selection criteria; has a nondiscernible condition that shall prevent them from performing the evacuation functions; may suffer bodily harm as the result of performing one or more of those functions; or does not wish to perform emergency exit functions. (d) A cabin crew member shall include in their passenger briefings a reference to the passenger information cards and the functions to be performed in an emergency. (8) (9) (c) (10) A passenger shall comply with instructions given by a crew member or the air operator certificate holder other authorized employee of implementing exit seating restrictions. (11) A pilot-in-command shall not allow taxi or pushback of an aircraft unless at least one required crew member has verified that all exit rows and escape paths are unobstructed and that no exit seat is occupied by a person the crew member determines is likely to be unable to perform the applicable evacuation functions. In order to comply with this regulation an air operator certificate holder shall: (a) establish procedures regulation; and submit their procedures for preliminary review and approval to the Authority. the requirements of that address (12) (b) this (13) The procedures required by this regulation shall not become effective until 549 Carriage of munitions of war and sporting weapons Official Gazette nº 21bis of 25/05/2015 final approval is granted by the Authority, and approval shall be based solely upon the safety aspects of the air operator certificate holder's procedures. 173. (1) Subject to sub-regulation (4), and to the Civil Aviation (Security) Regulations, an aircraft shall not carry any munitions of war unless: (a) (b) such munition of war is carried with the permission of the Commissioner General of Rwanda National Police or any other officer acting in his capacity, and with the permission of the Authority; and the pilot-in-command of the aircraft is informed in writing by the operator before the flight commences of the type, weight or quantity and location of any such munition of war on board or suspended beneath the aircraft and any conditions of the permission of the Commissioner General of Rwanda National Police or any other officer acting in his capacity, and of the Authority. (2) It shall be unlawful for an aircraft to carry any sporting weapon or munition of war in any compartment or apparatus to which passengers have access. (3) It shall be unlawful for a person to carry or have in his possession or take or cause to be taken on board an aircraft, to suspend or cause to be suspended beneath an aircraft or to deliver or cause to be delivered for carriage thereon any sporting weapon or munition of war unless— the sporting weapon or munition of war— (a) (i) is either part of the baggage of a passenger on the aircraft or consigned as cargo to be carried thereby; (ii) is carried in a part of the aircraft, or in any apparatus attached to the aircraft inaccessible to passengers; and (iii) in the case of a firearm, is unloaded; particulars of the sporting weapon or munition of war have been furnished by that passenger or by the consignor to the operator before the flight commences; and without prejudice to subregulation (1), the operator consents to the carriage of such sporting weapon or munition of war by the aircraft. (b) (c) (4) Nothing in this regulation shall apply to any sporting weapons or munition of war taken or carried on board an aircraft registered in a country other than Rwanda if the sporting weapons or munition of war, as the case may be, may under the law of the country in which the aircraft is registered be lawfully taken or carried on board for the purpose of ensuring the safety of the aircraft or of persons on board. (5) For the purposes of this regulation— "munition of war" means— (i) any weapon or ammunition; (ii) any article containing an explosive, noxious liquid or gas; or (iii) any other thing which is designed or made for use in warfare or against persons, including parts, whether components or accessories, for such weapon, ammunition or article; (a) (b) "sporting weapon" means— (i) any weapon or ammunition; (ii) any article containing an explosive, noxious liquid or gas; or 550 Additional requirements 174. Oxygen for medical use by passengers 175. Official Gazette nº 21bis of 25/05/2015 (iii) any other thing, including parts, whether components or accessories, for such weapon, ammunition or article; which is not a munition of war. In addition to the requirements of regulation 173, a person shall comply with the provisions contained in the Civil Aviation (Security) Regulations and any other act and regulations in force in Rwanda concerning security, munitions of war and sporting weapons. (1) (2) (3) An air operator certificate holder shall allow a passenger to carry and operate equipment for the storage, generation or dispensing of medical oxygen only as prescribed by the Authority. A person shall not smoke, and no crew member shall allow any person to smoke within 3 m (10 ft) of oxygen storage and dispensing equipment carried for the medical use of a passenger. A crew member shall not allow any person to connect or disconnect oxygen dispensing equipment to or from an oxygen cylinder while any other passenger is aboard the aircraft. Carry-on baggage 176. (1) (2) (1) (2) 177. Carriage of cargo in passenger compartments. A person shall not allow: (a) the boarding of carry-on baggage unless it can be adequately and securely stowed in accordance with the air operator certificate holder’s operations manual procedures. aircraft passenger entry doors to be closed in preparation for taxiing or pushback unless at least one required crew member has verified that each article of baggage is properly stowed in overhead racks with approved restraining devices or doors, or in approved locations aft of the bulkhead; and carry-on baggage to be stowed in a location that would cause that location to be loaded beyond its maximum placard weight limitation. (b) (c) The stowage locations referred to in sub-regulation (1) (c) shall be capable of restraining the articles in crash impacts severe enough to induce the ultimate inertia forces specified in the emergency landing conditions under which the aircraft was type-certificated. A person shall not allow the carriage of cargo in the passenger compartment of an aircraft except as prescribed by the Authority. Cargo may be carried anywhere in the passenger compartment if it is carried in an approved cargo bin that meets the following requirements: (a) the bin shall withstand the load factors and emergency landing conditions applicable to the passenger seats of the aeroplane in which the bin is installed, multiplied by a factor of 1.15, using the combined weight of the bin and the maximum weight of cargo that may be carried in the bin; the maximum weight of cargo that the bin is approved to carry and any instructions necessary to ensure proper weight distribution within the bin shall be conspicuously marked on the bin; the bin may not impose any load on the floor or other structure of (b) (c) 551 (3) Official Gazette nº 21bis of 25/05/2015 (d) (e) (f) (g) (h) the aircraft that exceeds the load limitations of that structure; the bin shall be attached to the seat tracks or to the floor structure of the aircraft, and its attachment shall withstand the load factors and emergency landing conditions applicable to the passenger seats of the aircraft in which the bin is installed, multiplied by either the factor 1.15 or the seat attachment factor specified for the aircraft, whichever is greater, using the combined weight of the bin and the maximum weight of cargo that may be carried in the bin; the bin may not be installed in a position that restricts access to or use of any required emergency exit, or of the aisle in the passenger compartment; the bin shall be fully enclosed and made of material that is at least flame resistant; suitable safeguards shall be provided within the bin to prevent the cargo from shifting under emergency landing conditions; and the bin may not be installed in a position that obscures any passenger's view of the "seat belt" sign, "no smoking" sign, or any required exit sign, unless an auxiliary sign or other approved means for proper notification of the passenger is provided. Cargo, including carry-on baggage, may be carried anywhere in the passenger compartment of a small aircraft if it is carried in an approved cargo rack, bin, or compartment installed in or on the aircraft, if it is secured by an approved means, or if it is carried in accordance with each of the following: (a) for cargo, it is properly secured by a safety belt or other tie-down having enough strength to eliminate the possibility of shifting under all normally anticipated flight and ground conditions, or for carry- on baggage, it is restrained so as to prevent its movement during air turbulence; it is packaged or covered to avoid possible injury to occupants; it does not impose any load on seats or in the floor structure that exceeds the load limitation for those components; it is not located in a position that obstructs the access to, or use of, any required emergency or regular exit, or the use of the aisle between the crew and the passenger compartment, or is located in a position that obscures any passenger's view of the "seat belt" sign, "no smoking" sign or placard, or any required exit sign, unless an auxiliary sign or other approved means for proper notification of the passengers is provided; it is not carried directly above seated occupants; it is stowed in compliance with these restrictions during take-off and landing; and for cargo-only operations, if the cargo is loaded so that at least one emergency or regular exit is available to provide all occupants of the aircraft a means of unobstructed exit from the aircraft if an emergency occurs. (b) (c) (d) (e) (f) (g) Passenger information signs 178. A pilot-in-command of an aircraft shall turn on required passenger information signs during any movement on the surface, for each take-off and each landing, and when otherwise considered to be necessary. 552 Official Gazette nº 21bis of 25/05/2015 179. (1) Required passenger briefings: air operator certificate holder (2) (3) (4) (f) (g) (h) A person shall not commence a take-off unless the passengers are briefed prior to take-off in accordance with the air operator certificate holder’s operations manual procedures on: (a) (b) (c) (d) (e) smoking limitations and prohibitions; emergency exit location and use; use of safety belts; emergency floatation means location and use; location and the general manner of use of the principal emergency equipment for collective use; fire extinguisher location and operation; placement of seat backs; if flight is above 3,650 m (12,000 ft) above mean sea level, the normal and emergency use of oxygen; and the passenger briefing card. (i) Immediately before or after turning the seat belt sign off, a pilot-in- command shall ensure that the passengers are briefed to keep their seat belts fastened while seated, even when the seat belt sign is off. Before take-off, the pilot-in-command shall ensure that persons of reduced mobility are personally briefed on the: (a) route to the most appropriate exit; and (b) time to begin moving to the exit in event of an emergency. The pilot-in-command operating commercial air transport operations shall ensure that the briefing specified in this regulation contains all the objects approved for the specific operations conducted as included in the relevant operations manual. 180. Passenger briefing: extended overwater operations. Passenger seat belts 181. A pilot-in-command shall not commence extended overwater operations unless all passengers have been orally briefed on the location and operations of life preservers, life rafts and other flotation means, including a demonstration of the method of donning and inflating a life preserver. (1) (2) (3) (4) (5) A passenger occupying a seat or berth shall fasten his safety belt and keep it fastened while the sign is lighted or, in aircraft not equipped with such a sign, whenever instructed by a pilot-in-command.. A passenger safety belt shall not be used by more than one occupant during take-off and landing. At each unoccupied seat, the safety belt and shoulder harness, if installed, shall be secured so as not to interfere with crew members in the performance of their duties or with the rapid egress of occupants in an emergency. A person who is not two years of age may be held by an adult who is occupying a seat or berth. A berth, such as a multiple lounge or divan seat, may be occupied by two persons provided it is equipped with an approved safety belt for each person and is used during en route flight only. Passenger seat backs 182. (1) A pilot-in-command shall not allow the take-off or landing of an aircraft unless each passenger seat back is in the upright position. 553 Official Gazette nº 21bis of 25/05/2015 (2) Exceptions to this requirement shall only be made in accordance with procedures in the air operator certificate holder’s operations manual provided the seat back does not obstruct any passenger’s access to the aisle or to any emergency exit. A pilot-in-command shall not allow the movement of an aircraft on the surface, take-off or landing: (a) when any food, beverage or tableware furnished by the air operator certificate holder is located at any passenger seat; and (b) unless each food and beverage tray and seat back tray table is in the stowed position. A person shall not allow: (a) the take-off or landing of an aircraft unless each item of mass in the passenger cabin is properly secured to prevent it from becoming a hazard during taxi, take-off and landing and during turbulent weather conditions; or (b) an aircraft to move on the surface, take-off or land unless each passenger serving cart is secured in its stowed position. 183. Stowage of food, beverage and passenger service 184. Securing of items of mass in passenger compartment. Crew member and Flight Operations Officer Qualifications: Commercial Air Transport Age restriction 185. A person shall not serve nor shall any air operator certificate holder use a person as a required pilot on an aircraft engaged in international commercial air transport operations if that person has attained the age of sixty five years. Pilot-in- command licence requirements: turbojet, turbofan or large aircraft Pilot-in- command licence requirements: non turbojet or turbofan small aircraft Pilot-in- command aeronautical experience: Small aircraft 186. 187. A pilot shall not act as pilot-in-command of a turbojet, turbofan or large aircraft in commercial air transport operations unless that pilot holds an Airline Transport Pilot Licence or a Multi-crew Pilot Licence and a type rating for that aircraft. A pilot shall not act as pilot-in-command of a non-turbojet or turbofan small aircraft in commercial air transport operations during: (a) IFR operations unless that pilot holds a Commercial Pilot Licence with appropriate category class ratings for the aircraft operated, and an instrument rating and meets the experience requirements for operation; or (b) day VFR operations unless that pilot holds a Commercial Pilot Licence with appropriate category and class ratings for the aircraft operated. 188. An operator shall ensure that: (a) A Commercial Pilot Licence holder does not operate as a pilot-in-command certificated in the aircraft flight manual for single pilot operations unless: (i) when conducting passenger carrying operations under VFR outside a radius of 50 nm from an aerodrome of departure, the pilot has a minimum of 500 hours total flight time on aeroplanes or holds a valid instrument rating; or (ii) when operating on a multi-engine type under IFR, the pilot has a minimum of 700 hours total flight time on aeroplanes which includes 400 hours as pilot-in-command of which 100 hours have 554 Official Gazette nº 21bis of 25/05/2015 been under IFR including 40 hours multi-engine operation; (iii) the 400 hours refered to sub-paragraph (ii) may be substituted by hours operating as co-pilot on the basis that two hours co-pilot is equivalent to one hour as pilot-in-command provided that those hours were gained within an established multi-pilot crew system prescribed in the operations manual specified in the Civil Aviation (Air Operator Certification and Administration) Regulations; in addition to sub-paragraph (a)(ii), when operating under IFR as a single pilot, requirements prescribed in regulation 42 are satisfied; and in multi-pilot crew operations, in addition to sub-paragraph (a), and prior the pilot operating as pilot-in-command, the command course prescribed in the operations manual specified in the Civil Aviation (Air Operator Certification and Administration) Regulations is completed. (b) (c) A pilot shall not act as co-pilot of an aircraft in commercial air transport operations unless that pilot holds: (a) a Commercial Pilot Licence, an Airline Transport Pilot Licence or a Multi- crew Pilot Licence with appropriate category class and type ratings for the aircraft operated; and (b) an instrument rating. Co-pilot licence requirements 189. Flight engineer licence requirements 190. A person shall not act as the flight engineer of an aircraft unless that person holds a flight engineer licence with the appropriate type rating. One pilot qualified to perform flight engineer functions Flight operations officer 191. An air operator certificate holder shall ensure that, on all flights requiring a flight engineer there is assigned at least one other flight crew member qualified to perform the flight engineer duties in the event the flight engineer becomes incapacitated. 192. (1) (a)When the Authority requires that a flight operations officer/flight dispatcher, employed in conjunction with an approved method of control and supervision of flight operations, be licensed, that flight operations officer/flight dispatcher shall be licensed in accordance with the provisions of Personnel Regulations. (b) In accepting proof of qualifications other than the option of holding of a flight operations officer/flight dispatcher licence, the Authority, in accordance with the approved method of control and supervision of flight operations, shall require that, as a minimum, such persons meet the requirements specified in Personnel Regulations for the flight operations officer/flight dispatcher licence. (c) A person shall not act as a flight operations officer unless that person holds a flight operations officer licence or an Airline Transport Pilot Licence,and is currently qualified by the air operator certificate holder for the operation and type of aircraft used. (2) A flight operations officer shall not be assigned to duty unless that person has: (a) satisfactorily completed an operator-specific training course that addresses all the specific components of its approved method of control and supervision of flight operations specified in the Civil 555 Official Gazette nº 21bis of 25/05/2015 Aviation Regulations (Air Operator Certification and Administration) (b) made, within the preceding 12 months, at least a one-way qualification flight in the flight crew compartment of an aeroplane over any area for which that individual is authorized to exercise flight supervision and the flight should include landings at as many aerodromes as practicable; (c) demonstrated to the operator a knowledge of: (i) the contents of the operations manual required under these Regulations; (ii) the radio equipment in the aeroplanes used; and (iii) the navigation equipment in the aeroplanes used; (d) demonstrated to the operator a knowledge of the following details concerning operations for which the officer is responsible and areas in which that individual is authorized to exercise flight supervision: (i) the seasonal meteorological conditions and the sources of meteorological information; (ii) the effects of meteorological conditions on radio reception in the aeroplanes used; (iii) the peculiarities and limitations of each navigation system which is used by the operation; and (iv) the aeroplane loading instructions; (e) demonstrated to the operator knowledge and skills related to human performance relevant to dispatch duties; and (f) demonstrated to the operator the ability to perform the duties specified in sub-regulations (5) and (6). (3) A flight operations officer assigned to duty shall maintain complete familiarization with all features of the operations which are pertinent to such duties, including knowledge and skills related to human performance. (4) A flight operations officer shall not be assigned to duty after 12 consecutive months of absence for such duty, unless the provisions of the Civil Aviation (Personnel Licensing) Regulations are met. (5) A flight operations officer in conjunction with a method of control and supervision of flight shall: (a) assist the pilot-in-command in flight preparation, and provide the relevant information; (b) assist the pilot-in-command in preparing the operational and air traffic services flight plans, sign when applicable and file the air traffic services flight plan with the appropriate air traffic services unit; and (c) furnish the pilot-in-command while in flight, by appropriate means, with information which may be necessary for the safe conduct of the flight. (6) In the event of an emergency, a flight operations officer shall: (a) initiate such procedures as outlined in the operations manual while avoiding taking any action that would conflict with air traffic control (ATC) procedures; and (b) convey safety-related information to the pilot-in-command that may be necessary for the safe conduct of the flight, including information related to any amendments to the flight plan that become necessary in the course of the flight. 556 Company procedures indoctrination 193. (1) (2) Official Gazette nº 21bis of 25/05/2015 A person shall not serve nor shall an air operator certificate holder use a person as a crew member or flight operations officer unless that person has completed the company procedures indoctrination curriculum approved by the Authority, which shall include a complete review of operations manual procedures pertinent to the crew member or flight operation officer’s duties. An air operator certificate holder shall ensure that all operations personnel are provided with company indoctrination training that covers the following areas: (a) air operator certificate holder's organization, scope of operation, and administrative practices as applicable to crew member assignments and duties; appropriate provisions of Civil Aviation Regulations of Rwanda and other applicable regulations and guidance materials; air operator certificate holder policies and procedures; applicable crew member manuals; and appropriate portions of operations manual. the air operator certificate holder's (b) (c) (d) (e) Initial dangerous goods training 194. (3) An air operator certificate holder shall provide a minimum of forty programmed hours of instruction for basic indoctrination training unless a reduction of the hours of instruction is approved by the Authority. An operator or owner of an aircraft shall establish and maintain approved staff training programmes as required by the Technical Instructions in conformity with the Civil Aviation (Air Operator Certification and Administration) Regulations with the necessary changes – mutatis mutandis - to apply to the said person even in the case he is a non air operator certificate holder. Security training programmes 195. An operator shall establish and maintain an approved security training programme the Civil Aviation (Air Operator Certification and in conformity with Administration) Regulations. 196. (1) Initial crew resource management training (2) (3) A person shall not serve nor shall any air operator certificate holder use a person as a crew member or flight operations officer unless that person has completed the initial crew resource management curriculum approved by the Authority. An air operator certificate holder shall ensure that all crew members have crew resource management training as part of their initial and recurrent training requirements. A crew resource management training program shall include: an initial indoctrination or awareness segment; a method to provide recurrent practice and feedback; and a method of providing continuing reinforcement. (a) (b) (c) (4) Curriculum topics to be contained in an initial crew resource management training course include: (a) (b) (c) (d) (e) communications processes and decision behaviour; internal and external influences on interpersonal communications; barriers to communication; listening skills; decision making skills; 557 Official Gazette nº 21bis of 25/05/2015 effective briefings; developing open communications; inquiry, advocacy, and assertion training; crew self-critique; conflict resolution; team building and maintenance; leadership and followship training; interpersonal relationships; (f) (g) (h) (i) (j) (k) (l) (m) (n) workload management; (o) (p) (q) workload distribution; (r) distraction avoidance; (s) individual factors; and (t) stress reduction. situational awareness; how to prepare, plan and monitor task completions; Initial emergency equipment drills 197. (1) (2) A person shall not serve nor shall any air operator certificate holder use a person as a crew member unless that person has completed the appropriate initial emergency equipment curriculum and drills for the crew member position approved by the Authority for the emergency equipment available on the aircraft to be operated. A crew member shall accomplish emergency training during the specified training periods, using the items of installed emergency equipment for each type of aeroplane in which that crew member is to serve. (3) During initial training, a crew member shall perform the following one- time emergency drills: (a) (b) protective breathing equipment or fire-fighting drill: (i) locate the source of fire or smoke for an actual or simulated fire; implement procedures for effective crew co-ordination and communication, including notification of flight crew members about the fire situation; don and activate installed protective breathing equipment or approved protective breathing equipment simulation device; (ii) (iii) (iv) manoeuvre in limited space with reduced visibility; (v) effectively use the aircraft's communication system; (vi) identify the class of fire; (vii) select the appropriate extinguisher; (viii) properly remove the extinguisher from the securing device; (ix) prepare, operate and discharge the extinguisher properly; and utilise the correct fire-fighting techniques for type of fire. (x) emergency evacuation drill: (i) (ii) (iii) (iv) (v) (vi) (vii) recognise and evaluate an emergency; assume the appropriate protective position; command passengers to assume protective position; implement crew co-ordination procedures; ensure activation of emergency lights; assess aircraft condition; initiate evacuation, dependent on signal or decision; 558 Official Gazette nº 21bis of 25/05/2015 (viii) (ix) (x) (xi) (xii) to release their seatbelts and command passengers evacuate; assess exit and redirect passengers, if necessary, to open exits, including deploying slides and commanding helpers to assist; command the passengers to evacuate at exit and run away from the aircraft; assist special need passengers, such as handicapped, elderly, and persons in a state of panic; and actually exit the aircraft or training device using at least one of the installed emergency evacuation slides. (4) (5) In the case of an emergency evacuation drill, the crew member may either observe the aircraft exits being opened in the emergency mode and the associated exit slider or aft pack being deployed and inflated, or perform the tasks resulting in the accomplishment of these actions. An aircraft crew member shall accomplish additional emergency drills during initial and recurrent training, including performing the following emergency drills: (a) emergency exit drill: (i) (ii) (iii) (iv) (v) (vi) correctly pre-flight each type of emergency exit and evacuation slide or slide raft, if part of cabin crew member's assigned duties; disarm and open each type of door exit in normal mode; close each type of door exit in normal mode; arm each type of door exit in emergency mode; open each type of door exit in emergency mode; use the manual slide inflation system to accomplish or ensure slide or slide raft inflation; open each type of window exit; and (vii) (viii) remove the escape rope and position it for use. (b) hand fire extinguisher drill fighting an actual or a simulated fire is not necessary during this drill: (i) (ii) pre-flight each type of hand fire extinguisher; locate the source of fire or smoke and identify class of fire; (iii) select the appropriate extinguisher and remove from securing device; (iv) (v) prepare the extinguisher for use; actually operate and discharge each type of installed hand fire extinguisher; (vi) utilise correct fire-fighting techniques for the type of fire; (vii) and implement procedures for effective crew coordination and communication, including notification of crew members about the type of fire situation; (c) emergency oxygen system drill; (i) actually operate portable oxygen bottles, including masks and tubing; (ii) verbally demonstrate operation of chemical oxygen generators; (iii) prepare for use and properly operate an oxygen device, 559 Official Gazette nº 21bis of 25/05/2015 including donning and activation; (iv) administer oxygen to self, passengers, and to those persons with special oxygen needs; (v) utilise proper procedures for effective crew coordination and communication; (vi) (vii) activate protective breathing equipment; manually open each type of oxygen mask compartment (viii) (ix) and deploy oxygen masks; identify compartments with extra oxygen masks; implement immediate action decompression procedures; and (x) reset the oxygen system, if applicable. (d) flotation device drill: (e) (i) (ii) (iii) don and inflate life vests; remove and use flotation seat cushions; and demonstrate swimming techniques using a seat cushion; ditching drill, if applicable, during which ditching drill trainees shall perform the "prior to impact" and "after impact" procedures for a ditching, as appropriate to the specific operator's type of operation: (i) implement crew coordination procedures, including a briefing with the captain to obtain pertinent ditching information and briefing cabin crew members; (ii) coordinate time-frame for cabin and passenger preparation; (iii) (iv) adequately brief passengers on ditching procedures; ensure the cabin is prepared, including the securing of carry-on baggage, lavatories, and galleys; (v) demonstrate how to properly deploy and inflate slide rafts; inflate the rafts; remove, position and attach slide rafts to aircraft; (vi) (vii) (viii) use escape ropes at overwing exits; (ix) command any helpers to assist; (x) use slides and seat cushions as flotation devices; (xi) remove appropriate emergency equipment from the aircraft; board rafts properly; (xii) (xiii) such procedures, raft management initiate as disconnecting rafts from aircraft, applying immediate first aid, rescuing persons in water, salvaging floating rations and equipment, deploying sea anchor, tying rafts together, and activating or ensuring operation of emergency locator transmitter; initiate basic survival procedures, such as removing and utilising survival kit items, repairing and maintaining raft, ensuring protection from exposure, erecting canopy, communicating location, providing continued first aid, and providing sustenance; use heaving line to rescue persons in the water; tie slide rafts or rafts together; 560 (xiv) (xv) (xvi) (6) Official Gazette nº 21bis of 25/05/2015 (xvii) use life line on edge of slide raft or raft as a handhold; and (xviii) secure survival kit items. An aircraft crew member shall accomplish additional emergency drill requirements during initial and recurrent training including observing the following emergency drills: (a) life raft removal and inflation drill, if applicable: (i) removal of a life raft from the aircraft or training device; inflation of a life raft; (b) (c) (d) (ii) slide raft transfer drill: (i) transfer each type of slide raft pack from an unusable door to a usable door; disconnect the slide raft at an unusable door; redirect passengers to the usable slide raft; and install and deploy the slide raft at a usable door. (ii) (iii) (iv) slide and slide raft deployment, inflation, and detachment drill: (i) (ii) engage slide girt bar in floor brackets; inflate slides with and without quick-release handle, manually and automatically; disconnect slide from aircraft for use as a flotation device; arm slide rafts for automatic inflation; and disconnect slide raft from the aircraft. (iii) (iv) (v) emergency evacuation slide drill: (i) open armed exit with slide or slide raft deployment and inflation; and egress from aircraft via the evacuation slide and run away to a safe distance. (ii) Initial aircraft ground training: flight crew 198. (1) (2) (3) A person shall not serve nor shall an air operator certificate holder use a person as a flight crew member unless that person has completed the initial ground training approved by the Authority for the aircraft type. Initial aircraft ground training for flight crew members shall include the pertinent portions of the operations manuals relating to aircraft-specific performance, mass and balance, operational policies, systems, limitations, normal, abnormal and emergency procedures on the aircraft type to be used. An air operator certificate holder shall have an initial aircraft ground training curriculum for the flight crew applicable to the type of operations conducted and aircraft flown. (4) Instructions shall include at least the following general subjects: (a) air operator certificate holder’s dispatch, flight release, or operational control or flight following procedures; (b) principles and methods for determining mass and balance, and runway limitations for take-off; (c) adverse weather recognition and avoidance, and flight procedures which shall be followed when operating in the following conditions: (i) icing; (ii) fog; 561 Official Gazette nº 21bis of 25/05/2015 (iii) turbulence; (iv) heavy precipitation; (v) thunderstorms; (vi) low-level wind shear and microburst; and (vii) low visibility. (d) normal and emergency communications procedures and navigation equipment including the air operator certificate holder’s communications procedures and air traffic control clearance requirements; (e) navigation procedures used in area departure, en route, area arrival, approach and landing phases; (f) (g) (h) approved crew resource management training; air traffic control systems, procedures, and phraseology; aircraft performance characteristics during all flight regimes, including: (i) (ii) (iii) (iv) (v) and emergency performance the use of charts, tables, tabulated data and other related manual information; abnormal, normal, problems; meteorological and weight limiting performance factors, such as temperature, pressure, contaminated runways, precipitation, climb and runway limits; inoperative equipment performance limiting factors, such as minimum equipment list or configuration deviation list, inoperative antiskid; and special operational conditions, such as unpaved runways, high altitude aerodromes and drift down requirements. (5) An air operator certificate holder shall have an initial aircraft ground training curriculum for the flight crew applicable to the type of operations conducted and aircraft flown, including at least the following aircraft systems: (a) aircraft: (i) aircraft dimensions, turning radius, panel layouts, cockpit and cabin configurations; and (ii) other major systems and components or appliances of the aircraft; powerplants: (i) (ii) (iii) basic engine description; engine thrust ratings; and engine components such as accessory drives, ignition, oil, fuel control, hydraulic, and bleed air features; electrical: (i) sources of aircraft electrical power, such as engine driven generators, APU generator, and external power; electrical buses; circuit breakers; aircraft battery; and standby power systems. (ii) (iii) (iv) (v) hydraulic: (i) 562 hydraulic reservoirs, pumps, accumulators, filters, check (b) (c) (d) Official Gazette nº 21bis of 25/05/2015 (e) (f) (g) (h) (i) (j) (k) valves, interconnects and actuators; and other hydraulically operated components. fuel tanks, including location and quantities; engine driven pumps; boost pumps; system valves and crossfeeds; quantity indicators; and provisions for fuel jettisoning. (ii) fuel: (i) (ii) (iii) (iv) (v) (vi) pneumatic: (i) bleed air sources, auxiliary power unit or external ground air; and (ii) means of routing, venting and controlling bleed air via valves, ducts, chambers, and temperature and pressure limiting devices. air conditioning and pressurisation: (i) heaters, air conditioning packs, fans, and other environmental control devices; (ii) pressurisation system components such as outflow and negative pressure relief valves; and (iii) automatic, standby, and manual pressurisation controls and annunciations; flight controls: (i) (ii) primary controls, including yaw, pitch, and roll devices; secondary controls, including leading or trailing edge devices, flaps, trim, and damping mechanisms; (iii) means of actuation, whether direct or indirect or fly by wire; and redundancy devices. (iv) landing gear: (i) landing gear extension and retraction mechanism including the operating sequence of struts, doors, and locking devices, and brake and antiskid systems, if applicable; steering, including nose or body steering gear; bogie arrangements; air or ground sensor relays; and visual downlock indicators. (ii) (iii) (iv) (v) ice and rain protection: (i) (ii) rain removal systems; and anti-icing or de-icing systems affecting flight controls, engines, pitot static probes, fluid outlets, cockpit windows, and aircraft structures. equipment and furnishings: (i) (ii) (iii) (iv) (v) (vi) (vii) exits; galleys; water and waste systems; lavatories; cargo areas; crew member and passenger seats; bulkheads; 563 Official Gazette nº 21bis of 25/05/2015 seating and cargo configurations; and non-emergency equipment and furnishings. (l) (viii) (ix) navigation equipment: (i) (ii) (iii) (iv) flight directors; horizontal situation indicator; radio magnetic indicator; navigation receivers such as global positioning system, automatic direction finder (ADF), very high frequency omni-directional radio range (VOR), OMEGA, long range navigation (LORAN-C), area navigation (RNAV), marker beacon, distance measuring equipment (DME); inertial systems such as inertia navigation system (INS) and inertia reference (IRS); functional displays; fault indications and comparator systems; aircraft transponders; radio altimeters; weather radar; and cathode ray tube or computer generated displays of aircraft position and navigation information. (v) (vi) (vii) (viii) (ix) (x) (xi) (m) auto flight system: autopilot; autothrottles; flight director and navigation systems; automatic approach tracking; autoland; and automatic fuel and performance management systems. (i) (ii) (iii) (iv) (v) (vi) flight instruments: (i) (ii) panel arrangement; flight instruments, including attitude indicator, directional gyro, magnetic compass, airspeed indicator, vertical speed indicator, altimeters, standby instruments; and (iii) instrument power sources, and instrument sensory sources, such as Pitot static pressure; display systems: (i) (ii) weather radar; and other CRT displays, such as checklist, vertical navigation or longitudinal navigation displays. communication equipment: (i) (ii) (iii) (iv) (v) VHF or HF radios; audio panels; inflight interphone and passenger address systems; voice recorder; and aircraft communication addressing and reporting system (n) (o) (p) (ACARS); (q) warning systems: (i) aural, visual, and tactile warning systems, including the character and degree of urgency related to each signal; and (ii) warning and caution annunciator systems, including ground proximity and take-off warning systems. 564 Official Gazette nº 21bis of 25/05/2015 (r) (s) (t) (u) fire protection: (i) fire and overheat sensors, loops, modules, or other means of providing visual or aural indications of fire or overheat detection; (ii) procedures for the use of fire handles, automatic (iii) extinguishing systems and extinguishing agents; and power sources necessary to provide protection for fire and overheat conditions in engines, auxiliary power unit, cargo bay or wheel well, cockpit, cabin and lavatories; passenger, crew, and portable oxygen supply systems; sources of oxygen such as gaseous or solid; flow and distribution networks; automatic deployment systems; regulators, pressure levels and gauges; and servicing requirements. cockpit, cabin, and external lighting systems; power sources; switch positions; and spare light bulb locations. oxygen: (i) (ii) (iii) (iv) (v) (vi) lighting: (i) (ii) (iii) (iv) emergency equipment: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) fire and oxygen bottles; first aid kits; life rafts and life preservers; crash axes; emergency exits and lights; slides and slide rafts; escape straps or handles; and hatches, ladders and movable stairs. (6) (v) Auxiliary Power Unit: (i) (ii) (iii) (iv) electric and bleed air capabilities; interfaces with electrical and pneumatic systems; inlet doors and exhaust ducts; and fuel supply. An air operator certificate holder shall have an initial aircraft ground training curriculum for the flight crew applicable to the type of operations conducted and aircraft flown, including at least the following aircraft systems integration items: (a) use of checklist: safety chocks; cockpit preparation (switch position and checklist flows); checklist callouts and responses; and checklist sequence. flight planning: (i) performance limitations, including meteorological, list and configuration weight, minimum equipment deviation list items; required fuel loads; weather planning, lower than standard take-off minimums (ii) (iii) (b) or alternate requirements; 565 Official Gazette nº 21bis of 25/05/2015 (c) (d) (e) pre-flight and operation of applicable receivers; onboard navigation systems; and flight plan information input and retrieval. navigation systems: (i) (ii) (iii) autoflight: autopilot, autothrust, and flight director systems, including the appropriate procedures, normal and abnormal indications, and annunciators. cockpit familiarisation: (i) activation of aircraft system controls and switches to include normal, abnormal and emergency switches; and control positions and relevant annunciators, lights, or (ii) other caution and warning systems. (7) An air operator certificate holder may have separate initial aircraft ground training curricula of varying lengths and subject emphasis which recognise the experience levels of flight crew members approved by the Authority. (8) The pilot-in-command of an aeroplane equipped with an airborne collision avoidance system (ACAS II) shall ensure that each flight crew member has been appropriately trained to competency in the use of ACAS II equipment and the avoidance of collision. Initial aircraft ground training: cabin crew 199. (1) (2) (3) A person shall not serve nor shall an air operator certificate holder use a person as a cabin crew member unless that person has completed the initial ground training approved by the Authority for aircraft type. Initial aircraft ground training for cabin crew members shall include the pertinent portions of the operations manuals relating to aircraft specific configuration, equipment, normal and emergency procedures for the aircraft types within the fleet. An air operator certificate holder shall have an initial ground training curriculum for cabin crew members applicable to the type of operations conducted and aircraft flown, including at least the following general subjects: (a) aircraft familiarisation: (i) aircraft characteristics and description; (ii) cockpit configuration; (iii) cabin configuration; (iv) galleys; (v) lavatories; and (vi) stowage areas; aircraft equipment and furnishings: (i) (ii) (iii) (iv) (v) (vi) (vii) aircraft systems: (i) (ii) cabin crew member stations; cabin crew member panels; passenger seats; passenger service units and convenience panels; passenger information signs; aircraft markings; and aircraft placards. air conditioning and pressurisation system; aircraft communication systems (call, interphone and 566 (b) (c) Official Gazette nº 21bis of 25/05/2015 (d) (e) (f) (g) (iii) (iv) (v) aircraft exits: (i) (ii) passenger address); lighting and electrical systems; oxygen systems (flight crew, observer and passenger); and water system; (iii) general information; exits with slides or slide rafts for pre-flight and normal operation; exits without slides pre-flight and normal operations; and window exits. duties (iv) crew member communication and coordination: (i) authority of pilot-in-command; (ii) routine communication signals and procedures; and (iii) crew member briefing; routine crew member duties and procedures: (i) (ii) (iii) crew member general responsibilities; reporting duties and procedures for specific aircraft; pre-departure duties and procedures prior to passenger boarding; passenger boarding duties and procedures; prior-to-movement-on-the-surface procedures; prior-to-take-off duties and procedures applicable to specific aircraft; in-flight duties and procedures; prior-to-landing duties and procedures; movement on the surface and arrival duties and procedures; after-arrival duties and procedures; and intermediate stops; (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) passenger handling responsibilities: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) crew member general responsibilities; infants, children, and unaccompanied minors; passengers needing special assistance; passengers needing special accommodation; carry-on stowage requirements; passenger seating requirements; smoking and no-smoking requirements and; approved CRM training. and (4) An air operator certificate holder shall have an initial ground training curriculum for cabin crew members applicable to the type of operations conducted and aircraft flown, including at least the following aircraft specific emergency subjects: (a) emergency equipment: (i) (ii) (iii) (iv) (v) emergency communication and notification systems; aircraft exits; exits with slides or slide rafts, emergency operation; slides and slide rafts in a ditching; exits without slides emergency operation; 567 Official Gazette nº 21bis of 25/05/2015 (b) (c) (vi) (vii) (viii) (ix) (x) (xi) (v) (vi) (vii) (viii) (ix) (x) window exits emergency operation; exits with tailcones (emergency operation); cockpit exits emergency operation; ground evacuation and ditching equipment; first-aid equipment; portable oxygen systems, oxygen bottles, chemical oxygen generators, protective breathing equipment; fire-fighting equipment; emergency lighting systems; and additional emergency equipment. (xii) (xiii) (xiv) emergency assignments and procedures: (i) (ii) (iii) (iv) general types of emergencies specific to aircraft; emergency communication signals and procedures; rapid decompression; insidious decompression and cracked window and pressure seal leaks; fires; ditching; ground evacuation; unwarranted evacuation initiated; illness or injury; abnormal situations involving passengers or crew members; unlawful interference; bomb threat; turbulence; other unusual situations; and previous aircraft accidents and incidents. for example, passenger (xi) (xii) (xiii) (xiv) (xv) aircraft specific emergency drills: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) emergency exit drill; hand fire extinguisher drill; emergency oxygen system drill; flotation device drill; ditching drill, if applicable; life raft removal and inflation drill, if applicable; slide raft pack transfer drill, if applicable; slide or slide detachment drill, if applicable; and emergency evacuation slide drill, if applicable. raft deployment, inflation, and (ix) (5) (6) An air operator certificate holder shall ensure that initial ground training for cabin crew members includes a competence check to determine his ability to perform assigned duties and responsibilities. An air operator certificate holder shall ensure that initial ground training for cabin crew members consists of at least the following programmed hours of instruction: (a) (b) multi-engine turbine: thirty two hours; and multi-engine reciprocating: sixteen hours. Competence checks: cabin crew members 200. (1) A person shall not serve nor shall any air operator certificate holder use a person as a cabin crew member unless, within the preceding twelve 568 Official Gazette nº 21bis of 25/05/2015 months before that service, that person has passed the competency check approved by the Authority performing the emergency duties appropriate to that person’s assignment. Evaluators shall conduct competency checks for cabin crew members to demonstrate that the candidate's proficiency level is sufficient to successfully perform assigned duties and responsibilities. A qualified supervisor or inspector approved by the Authority shall observe and evaluate competency checks for cabin crew members. Evaluators shall include during each cabin crew member competency (2) (3) (4) check a demonstrated knowledge of: (a) equipment: emergency communication and emergency notification systems; (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) aircraft exits; exits with slides or slide rafts (emergency operation); slides and slide rafts in a ditching; exits without slides (emergency operation); window exits (emergency operation); exits with tail cones (emergency operation); cockpit exits (emergency operation); ground evacuation and ditching equipment; first-aid equipment; portable oxygen systems (oxygen bottles, chemical oxygen generators, protective breathing equipment (PBE)); fire-fighting equipment; emergency lighting systems; and additional emergency equipment. (xi) (xii) (xiii) emergency procedures: (i) (ii) (iii) (iv) general types of emergencies specific to aircraft; emergency communication signals and procedures; rapid decompression; insidious decompression and cracked window and pressure seal leaks; fires; ditching; ground evacuation; unwarranted evacuation, for example that is passenger initiated; illness or injury; abnormal situations involving passengers or crew members; turbulence; and other unusual situations. (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) emergency drills: (i) location and use of all emergency and safety equipment carried on the aircraft; the location and use of all types of exits; actual donning of a lifejacket where fitted; actual donning of protective breathing equipment; and actual handling of fire extinguishers. (ii) (iii) (iv) (v) crew resource management: 569 (b) (c) (d) Initial training: flight operations officer 201. (1) (2) (3) (4) Official Gazette nº 21bis of 25/05/2015 (i) (ii) (iii) (iv) dangerous goods: (i) (ii) (iii) decision making skills; briefings and developing open communication; inquiry, advocacy, and assertion training; and workload management; recognition of and transportation of dangerous goods; proper packaging, marking, and documentation; and instructions regarding compatibility, loading, storage and handling characteristics; security: (i) (ii) unlawful interference; and disruptive passengers. (e) (f) A person shall not serve nor shall any air operator certificate holder use a person as a flight operations officer unless that person has completed the initial training approved by the Authority. Aircraft initial flight operations officer training shall include the pertinent portions of the operations manual relating to aircraft specific flight preparation procedures, performance, mass and balance, systems, limitations for the aircraft types within the fleet. An air operator certificate holder shall provide initial aircraft training for flight operations officers that include instruction in at least the following general dispatch subjects: (a) (b) (c) (d) (e) normal and emergency communications procedures; available sources of weather information; actual and prognostic weather charts; interpretation of weather information; adverse weather phenomena, such as clear air turbulence, wind shear, and thunderstorms; (f) (g) (h) (i) (j) Notice to Airmen (NOTAM) system; navigational charts and publications; air traffic control and IFR procedures; familiarisation with operational area; characteristics of special aerodromes and other operationally significant aerodromes which the operator uses, such as terrain, approach aids, or prevailing weather phenomena; joint flight operations officer and group responsibilities; and approved CRM training for flight operations officers. An air operator certificate holder shall provide initial aircraft training for flight operations officers that include instruction in at least the following aircraft characteristics: (a) (k) (l) general operating characteristics of the air operator certificate holder’s aircraft; aircraft specific training with emphasis on the following topics: (i) (ii) (iii) aircraft operating and performance characteristics; navigation equipment; instrument approach and communications equipment; and emergency equipment. (b) (c) (d) (iv) flight manual training; and equipment training. 570 Official Gazette nº 21bis of 25/05/2015 (5) (6) An air operator certificate holder shall provide initial aircraft training for flight operations officers that include instruction in at least the following emergency procedures: (a) (b) assisting the flight crew in an emergency; and alerting of appropriate governmental, company and private agencies. An air operator certificate holder shall ensure that initial ground training for flight operations officers includes a competence check given by an appropriate supervisor or ground instructor that demonstrates the required knowledge and abilities. Initial flight training: flight crew member 202. (1) (2) (3) A person shall not serve nor shall an air operator certificate holder use a person as a flight crew member unless that person has completed the initial flight training approved by the Authority for the aircraft type. Initial flight training of a flight crew member shall focus on the manoeuvring and safe operation of the aircraft in accordance with air operator certificate holder’s normal, abnormal and emergency procedures. An air operator certificate holder may have separate initial flight training curriculum which recognise the experience levels of flight crew members approved by the Authority. (4) Flight training may be conducted in an appropriate aircraft or adequate flight simulation training device: (a) (b) having landing capability; and qualified for training or checking on circling manoeuvres. (5) An air operator certificate holder shall ensure that pilot initial flight training includes at least the following: (a) preparation: (i) (iii) (iv) (v) take-off: (i) (ii) (iii) (iv) (v) (ii) (iii) surface operation: (i) (ii) visual inspection, and use authorized of pictorial display for aircraft with a flight engineer; pre-taxi procedures; and performance limitations; pushback; powerback taxi, if applicable to type of operation to be conducted; starting; taxi; and pre-take-off checks; normal; crosswind; rejected; power failure after v1; and lower than standard minimum, if applicable to type of operation to be conducted; climb: (i) (ii) en-route: (i) 571 normal; and one-engine inoperative during climb to en route altitude; steep turns; (b) (c) (d) (e) Official Gazette nº 21bis of 25/05/2015 approaches to stalls (take-off, en route, and landing configurations); in-flight powerplant shutdown; in-flight powerplant restart; and high speed handling characteristics; (ii) (iii) (iv) (v) descent: (i) (ii) approaches: (i) (ii) normal; and maximum rate; VFR procedures; visual approach with 50% loss of power on one- engine (2 engines inoperative on 3-engine aircraft for pilot-in-command only); visual approach with slat or flap malfunction; IFR precision approaches such as instrument landing system normal and instrument landing system with one-engine inoperative; IFR non-precision approaches non-directional radio beacon (NDB) normal and VHF omnidirectional radio range beacon (VOR) normal; non-precision approach with one engine inoperative (localizer backcourse procedures, SDF or localizer type directional aid, a global positioning system, TACAN and circling approach procedures); missed approach from precision approach; missed approach from non-precision approach; and missed approach with engine failure; normal with a pitch mistrim (small aircraft only); normal from precision instrument approach; normal from precision instrument approach with most critical engine inoperative; normal with 50% loss of power on one side (2 engines inoperative on 3-engine aircraft); normal with flap or slat malfunction; rejected landings; crosswind; manual reversion or degraded control augmentation; short or soft field small aircraft, land amphibian aircraft only; and glassy or rough water, seaplanes only; (iii) (iv) (v) (vi) (vii) (viii) (ix) landings: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) parking; emergency evacuation; and docking, mooring, and ramping, seaplanes only; after landing: (i) (ii) (iii) other flight procedures during any airborne phase: (i) (ii) ice accumulation on airframe; (iii) air hazard avoidance; and (iv) wind shear or microburst; normal, abnormal and alternate systems procedures during any holding; 572 (f) (g) (h) (i) (j) (k) Official Gazette nº 21bis of 25/05/2015 phase: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) pneumatic or pressurisation; air conditioning; fuel and oil; electrical; hydraulic; flight controls; anti-icing and de-icing systems; autopilot; flight management guidance systems and automatic or other approach and landing aids; stall warning devices, stall avoidance devices, and stability augmentation systems; airborne weather radar; flight instrument system malfunction; communications equipment; and navigation systems; (xi) (xii) (xiii) (xiv) emergency systems procedures during any phase: (i) (ii) (iii) (iv) (v) (vi) (vii) aircraft fires; smoke control; powerplant malfunctions; fuel jettison; electrical, hydraulic, pneumatic systems; flight control system malfunction; and landing gear and flap system malfunction. (l) (6) (7) Initial specialized operations training 203. (1) (2) An air operator certificate holder shall ensure that flight engineer flight training includes at least the following: (a) training and practice in procedures related to the carrying out of flight engineer duties and functions, where this training and practice may be accomplished either in flight or, in a flight simulation training device; and (b) training in knowledge and skills related to visual and instrument flight procedures for the intended area of operation, human performance including threat and error management and in the transport of dangerous goods; and (c) a proficiency check as specified in Regulation 210. The requirement for recurrent flight training in a particular type of helicopter shall be considered fulfilled by: a) the use of flight simulation training devices approved by the Authority for that purpose; or b) the completion within the appropriate period of the proficiency check in that type of helicopter A person shall not serve nor shall any air operator certificate holder use a person as a flight crew member unless that person has completed the appropriate initial specialised operations training curriculum approved by the Authority. Specialized operations for which initial training curricula shall be developed include: (a) low minima operations, including low visibility take-offs and 573 (3) Aircraft differences training 204. (1) (2) Official Gazette nº 21bis of 25/05/2015 Category II and III operations; extended range operations; specialized navigation; and pilot-in-command right seat qualification. (b) (c) (d) An air operator certificate holder shall provide initial specialized operations training to ensure that each pilot and flight operations officer is qualified in the type of operation in which that person serves and in any specialised or new equipment, procedures, and techniques, such as: (a) Class II navigation: (i) knowledge of specialised navigation procedures, such as RNP, MNPS and RVSM; and knowledge of specialised equipment, such as INS, LORAN, OMEGA; (ii) (b) (c) CAT II and CAT III operations approaches: (i) special equipment, procedures and practice; and (ii) a demonstration of competency; lower than standard minimum take-offs: (i) (ii) runway and lighting requirements; rejected take-offs at or near V1 with a failure of the most critical engine; taxi operations; and procedures to prevent runway incursions under low visibility conditions; (iii) (iv) (d) (e) (f) extended range operations with two turbine engine aeroplanes; airborne radar approaches; and autopilot instead of co-pilot. A person shall not serve nor shall an air operator certificate holder use a person as a crew member on an aircraft of a type for which a differences curriculum is included in the air operator certificate holder’s approved training programme, unless that person has satisfactorily completed that curriculum, with respect to both the crew member position and the particular variant of that aircraft. An operator shall ensure that a crew member completes: (a) differences training which requires additional knowledge and training on an appropriate training device or the aircraft: (i) when operating another variant of an aircraft of the same type or another type of the same class currently operated; or when changing equipment procedures on types or variants currently operated; (ii) (b) (c) training which requires the acquisition of familiarisation additional knowledge: (i) (ii) when operating another aircraft of the same type; or when changing equipment procedures on types of variants currently operated; and the operator referred to in sub-regulation (1) shall specify in the operations manual when training or familiarisation training is required. such differences (3) An air operator certificate holder shall provide aircraft differences training for flight operations officers when the operator has aircraft variances 574 Official Gazette nº 21bis of 25/05/2015 within the same type of aircraft, which includes at least the following: (a) operations procedures; (i) load control operations under adverse weather phenomena conditions, including clear air turbulence, wind shear, and thunderstorms; mass and balance computations and procedures; aircraft performance computations, to include take-off mass limitations based on departure runway, arrival runway, and en -route limitations, and also engine-out limitations; flight planning procedures, to include route selection, flight time, and fuel requirements analysis; dispatch release preparation; crew briefings; flight monitoring procedures; flight crew response to various emergency situations, including the assistance the aircraft flight operations officer can provide in each situation; (ix) minimum equipment list and configuration deviation list procedures; manual performance of required procedures in case of the loss of automated capabilities; training in appropriate geographic areas; air traffic control and IFR procedures, to include ground hold and central flow control procedures; and radiotelephony procedures; (b) (xiii) emergency procedures: (i) (ii) actions taken to aid the flight crew; and air operator certificate holder and Authority notification. (ii) (iii) (iv) (v) (vi) (vii) (viii) (x) (xi) (xii) flight of Use simulation training devices 205. A flight simulation training device that is used for flight crew member qualification shall: (a) (b) (c) (d) (e) be specifically approved by the Authority for the: (i) (ii) air operator certificate holder; type aircraft, including type variations, for which the training or check is being conducted; and (iii) particular manoeuvre, procedure, or flight crew member function involved; maintain the performance, functional, and other characteristics that are required for approval; be modified to conform with any modification to the aircraft being simulated to performance, functional, or other characteristics required for approval; be given a daily functional pre-flight check before use; have a daily discrepancy logbook kept by the appropriate instructor or check pilot at the end of each training or check flight; and that results in changes (f) for initial aircraft type training, be qualified for training and checking on the circling manoeuvre. 575 Official Gazette nº 21bis of 25/05/2015 206. (1) Aircraft and instrument proficiency checks (2) (3) (4) (5) A person shall not serve nor shall any air operator certificate holder use a person as a pilot flight crew member unless, since the beginning of the sixth calendar month before that service, that person has passed the proficiency check prescribed by the Authority in the make and model of aircraft on which their services are required. A person shall not serve nor shall any air operator certificate holder use a person as a pilot in IFR operations unless, since the beginning of the sixth calendar month before that service, that pilot has passed the instrument competency check prescribed by the Authority. A pilot may complete the requirements of sub-regulations (1) and (2) of this regulation simultaneously in a make and model of the aircraft. The completion of an approved operator training programme for the particular aircraft type and the satisfactory completion of a pilot-in- command proficiency check, shall satisfy the requirement for an aircraft type rating practical test provided that the proficiency check: (a) includes all manoeuvres and procedures required for a type rating practical test; and is conducted by an examiner. (b) Aircraft and instrument proficiency checks for pilot-in-command and co- pilot shall include the following operations and procedures listed in Table 6. TABLE 6 – INSTRUMENT PROFICIENCY CHECK TYPE OF OPERATION OR PROCEDURE Notes Pilot-in- command (PIC) or Co- Pilot Ground Operations Preflight inspection Taxiing PIC/Co-Pilot PIC/Co-Pilot Powerplant checks PIC/Co-Pilot Both pilots may take simultaneous credit. Both pilots may take simultaneous credit. Take-offs Normal Instrument Crosswind With powerplant failure Rejected take-off Instrument Procedures Area departure Area arrival Holding Normal ILS approach Engine-out ILS Coupled ILS approach 576 PIC/Co-Pilot PIC/Co-Pilot PIC/Co-Pilot PIC/Co-Pilot PIC/Co-Pilot Both pilots may take simultaneous credit. May be waived. PIC/Co-Pilot May be waived. PIC/Co-Pilot May be waived. PIC/Co-Pilot May be waived. PIC/Co-Pilot PIC/Co-Pilot PIC/Co-Pilot Both pilots may take simultaneous credit Official Gazette nº 21bis of 25/05/2015 Nonprecision approach Second nonprecision approach Missed approach from an ILS Second missed approach Circling approach PIC/Co-Pilot PIC/Co-Pilot PIC/Co-Pilot PIC only PIC/Co-Pilot Only when authorized in the air operator certificate air operator certificate holder’s Operations Manual. May be waived. May be waived. PIC only PIC/Co-Pilot PIC/Co-Pilot May be waived. PIC/Co-Pilot PIC/Co-Pilot Inflight Maneuvers Steep turns Specific flight characteristics Approaches to stalls Powerplant failure 2 engine inoperative approach (3 and 4 engine aircraft) PIC/Co-Pilot Normal landing PIC/Co-Pilot Landing from an ILS PIC/Co-Pilot Crosswind landing Landing with engine-out PIC/Co-Pilot Landing from circling approach PIC/Co-Pilot Only if authorized in Operations Manual. May be waived. Normal And Non-Normal Procedures Rejected landing 2 engine inoperative landing (3 and 4 engine aircraft) Other Events PIC/Co-Pilot PIC/Co-Pilot PIC only PIC or Co-Pilot Examiner’s discretion. (6) (7) (8) (9) (10) Examiners or check pilots may waive certain events on the proficiency check based on an assessment of the pilot’s demonstrated level of performance. The oral and flight phases of a proficiency check should not be conducted simultaneously. When the examiner or check pilot determines that an pilot’s performance is unsatisfactory, the examiner or check pilot may terminate the immediately. If the proficiency check shall be terminated for mechanical or other reasons, and there are events which still need to be repeated, the examiner or check pilot shall issue a letter of discontinuance, valid for sixty days, listing the specific areas of operation that have been successfully completed. At least one of the two annual proficiency checks shall be conducted by an examiner. The other proficiency check may be conducted by a check pilot or the Authority. Introduction of new equipment or procedures 207. A person shall not serve nor shall an air operator certificate holder use a person as a flight crew member when that service would require expertise in the use of new equipment or procedures for which a curriculum is included in the air operator 577 Official Gazette nº 21bis of 25/05/2015 certificate holder’s approved that person has satisfactorily completed that curriculum, with respect to both the crew member position and the particular variant of that aircraft. training programme, unless Pilot qualification: recent experience 208. (1) (2) (3) (4) 209. (1) Pilot operating limitations and pairing requirements In addition to meeting all applicable training and checking requirements of these Regulations, a required flight crew member who has not met the requirements of regulation 46 shall re-establish recency of experience as follows: (a) under the supervision of a check pilot, make at least three take- offs and landings in the type of aircraft in which that person is to serve or if an advanced flight simulation training device is used, the requirements of sub-regulation (2) shall be met; the take-offs and landings required in this paragraph shall include: (i) at least one take-off with a simulated failure of the most critical engine; at least one landing from an instrument landing system approach landing system minimum authorized for the certificate holder; and at least one landing to a full stop. instrument lowest (iii) (ii) the to (b) (b) A required pilot who performs the manoeuvres prescribed in sub- regulation (1) in a visual flight simulation training device shall: (a) have previously logged one hundred hours of flight time in the same aircraft type in which the pilot is to serve; be observed on the first two landings made in operations under this Part by an approved check pilot who acts as pilot-in- command and occupies a pilot seat and the landings shall be made in weather minima that are not less than those contained in the air operator certificate holder’s operation specifications for Category I operations, and shall be made within forty five days following completion of flight simulation training device training. When using a flight simulation training device to accomplish any of the requirements of regulation 46 or sub-regulation (1), a required flight crew member position shall be operated as if in a normal in-flight environment without use of the repositioning features of the flight simulation training device. A check pilot who observes the take-offs and landings prescribed in sub- regulations (1)(a) and (2) shall certify that the person being observed is proficient and qualified to perform flight duty in operations under this Part and may require any additional manoeuvres that are determined necessary to make this certifying statement. Where a co-pilot has fewer than one hundred hours of flight time as co- pilot in operations in the aircraft type being flown, and the pilot-in- command is not an appropriately qualified check pilot, the pilot-in- command shall make all take-offs and landings in the following situations: (a) special airports designated by the Authority or special airports designated by the air operator certificate holder; and in any of the following conditions: (i) the prevailing visibility value in the latest weather report for the airport is at or below 1,200 m; (b) 578 Official Gazette nº 21bis of 25/05/2015 (2) (3) (ii) (iii) (iv) (v) (vi) (vii) the runway visual range for the runway to be used is at or below 1,200 m; the runway to be used has water, snow, slush or similar conditions that may adversely affect aircraft performance; the braking action on the runway to be used is reported to be less than “good”. the crosswind component for the runway to be used is in excess of 15 knots; wind shear is reported in the vicinity of the airport; or. any other condition in which the pilot-in-command determines it to be prudent to exercise the pilot-in- command’s prerogative. A person shall not conduct operations under the Civil Aviation (Air Operator Certification and Administration) Regulations unless, for that type aircraft, either the pilot-in-command or the co-pilot has at least seventy five hours of line operating flight time, either as pilot-in- command or co-pilot. The Authority may, upon application by the air operator certificate holder, authorize exemptions from the requirements of this regulation by an appropriate amendment to the operations specifications in any of the following circumstances: (a) a newly certificated air operator certificate holder does not employ any pilots who meet the minimum requirements of this regulation; (b) an existing air operator certificate holder adds to its fleet an (c) aircraft type not before proven for use in its operations; or an existing certificate holder establishes a new domicile to which it assigns pilots who will be required to become qualified on the aircraft operated from that domicile. engineer Flight proficiency checks 210. (1) A person shall not serve nor shall any air operator certificate holder use a person as a flight engineer on an aircraft unless within the preceding twelve calendar months he has: (a) had a proficiency check in accordance with the requirements prescribed by the Authority; or 50 hours flight time for the air operator certificate holder as flight engineer in the type aircraft. (b) (2) Examiners shall include during proficiency checks for flight engineers an oral or written examination of the normal, abnormal, and emergency procedures listed below: normal procedures: (a) (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) interior pre-flight; panel set-up; fuel load; engine start procedures; taxi and before take-off procedures; take-off and climb pressurization; cruise and fuel management; descent and approach; after landing and securing; crew coordination; 579 Official Gazette nº 21bis of 25/05/2015 (b) situational awareness; performance computations; and (xi) (xii) (xiii) anti-ice and de-ice measures abnormal and emergency procedures: (i) (ii) (iii) (iv) (v) (vi) (vii) troubleshooting; knowledge of checklist; ability to perform procedures; crew coordination; minimum equipment list (MEL); configuration deviation list (CDL); and emergency or alternate operation of aircraft flight systems Competence checks: flight operations officer 211. (1) (2) (3) (4) (5) (6) (7) (8) (9) A person shall not serve nor shall any air operator certificate holder use a person as a flight operations officer unless, within the preceding twelve months before that service, that person has passed the competency check, approved by the Authority, performing the flight preparation and subsequent duties appropriate to that person’s assignment. Evaluators of the flight operations officer referred to under sub-regulation (1) shall conduct competency checks for flight operations officers to demonstrate that the candidate's proficiency level is sufficient to ensure the successful outcome of all dispatch operations. An authorized person shall observe and evaluate competency checks for flight operations officers. Each competency check for flight operations officers shall include: (a) an evaluation of all aspects of the dispatch function; (b) a demonstration of the knowledge and abilities in normal and abnormal situations; and an observation of actual flights being dispatched. (c) An evaluator of newly hired flight operations officer shall include during initial competency checks, an evaluation of all of geographic areas and types of aircraft the flight operations officer shall be qualified to dispatch. The authorized person may approve a competency check of representative aircraft types when, in his judgement, a check including all types is impractical or unnecessary. Evaluators may limit initial equipment and transition competency checks solely to the dispatch of the types of aircraft on which the flight operations officer is qualifying, unless the check is to simultaneously count as a recurrent check. An evaluator of flight operations officers shall include, during recurrent and requalification competency checks, a representative sample of aircraft and routes for which the flight operations officers maintains current qualification. A flight operations officer shall not qualify in ETDOor other special operations authorized by the Authority unless that flight operations officer submits special operations competency checks to the Authority. Supervised flying: pilots line 212. (1) (2) A pilot initially qualifying as pilot-in-command shall complete a minimum of ten flights performing the duties of a pilot-in-command under the supervision of an check pilot. A pilot-in-command transitioning to a new aircraft type shall complete a minimum of five flights performing the duties of a pilot-in-command 580 Official Gazette nº 21bis of 25/05/2015 (3) (4) (5) under the supervision of an check pilot. A pilot qualifying for duties other than pilot-in-command shall complete a minimum of five flights performing those duties under the supervision of an check pilot. During the time that a qualifying pilot-in-command is acquiring operating experience, an authorized instructor who is also serving as the pilot-in- command shall occupy a co-pilot station. In the case of a transitioning pilot-in-command, the check pilot serving as pilot-in-command may occupy the observer's seat if the transitioning pilot has made at least two take-offs and landings in the type aircraft used, and has satisfactorily demonstrated to the authorized instructor that he is qualified to perform the duties of a pilot-in-command for that type of aircraft. Supervised line flying: flight engineers 213. A flight engineer who has qualified on a new type rating on an aircraft shall perform the functions of a flight engineer for a minimum of five flights under the supervision of a flight instructor or qualified flight engineer approved by the air operator certificate holder and accepted by the Authority. Supervised line experience: cabin crew. 214. A person training as a cabin crew member shall: (a) (b) perform the functions of a cabin crew member for a minimum of two flights under the supervision of a cabin crew instructor; and not serve as a required crew member. 215. Line observations: flight operations officer A person shall not serve nor shall any air operator certificate holder use a person as a flight operations officer unless within the preceding twelve months before that service, that person has observed, in the cockpit, the conduct of two complete flights over routes representative of those for which that person is assigned duties. Route and area checks: pilot qualification. 216. (1) (2) (3) A person shall not serve nor shall any air operator certificate holder use a person as a pilot unless, within the preceding twelve months, that person has passed a route check in which the person satisfactorily performed his assigned duties in one of the types of aircraft he is to fly. A person shall not perform pilot-in-command duties over a designated special operational area that requires a special navigation system or procedures or in ETDOoperations unless his competency with the system and procedures has been demonstrated to the air operator certificate holder within the past twelve months. A pilot-in-command of an aircraft shall demonstrate special operational competency by navigation over the route or area as pilot-in-command under the supervision of a check pilot on an annual basis by demonstrating a knowledge of: (a) (b) (c) (d) the terrain and minimum safe altitudes; the seasonal meteorological conditions; the search and rescue procedures; the navigational facilities and procedures, including any long- range navigation procedures, associated with the route along which the flight is to take place; and procedures applicable to flight paths over heavily populated areas of high air traffic density, obstructions, physical layout, lighting, approach aids and arrival, departure, holding and instrument (e) 581 Low minimums authorization: pilot-in-command Designated special aerodromes and heliports: pilot- in-command qualification Official Gazette nº 21bis of 25/05/2015 (f) approach procedures, and applicable operating minima and the meteorological, communication, and air traffic facilities, services and procedures. 217. Where a pilot-in-command has not completed: (a) (b) fifteen flights performing pilot-in-command duties in an aircraft type, including five approaches to landing using Category I or II operations procedures, that pilot-in-command shall not plan for or initiate an instrument approach when the ceiling is less than 90 m (300 ft) and the visibility is less than 2,000 m; and twenty flights performing pilot-in-command duties in an aircraft including five approaches and landing using Category III operations procedures, that pilot-in-command shall not plan for or initiate an approach when the ceiling is less than 30 m (100 ft) or the visibility is less than 400 m runway visual range. 218. (1) (2) (3) The Authority may determine that certain aerodromes, due to items such as surrounding terrain obstructions, or complex approach or departure procedures are special airport qualifications and that certain areas or routes, or both require a special type of navigation qualification. A person shall not serve nor shall any air operator certificate holder use a person as pilot-in-command for operations at special airport qualifications aerodromes unless within the preceding twelve months the pilot-in- command: (a) has been qualified by the air operator certificate holder through a pictorial means acceptable to the Authority for that aerodrome or heliport; or the assigned co-pilot has made a take-off and landing at that aerodrome or heliport while serving as a flight crew member for the air operator certificate holder. (b) Designated special airport qualifications aerodrome limitations are not applicable if the operation occurs: (a) (b) (c) during daylight hours; when the visibility is at least 5 km; and when the ceiling at that aerodrome is at least 300 m (1,000 ft) above the lowest initial approach altitude prescribed for an instrument approach procedure. 219. (1) Recurrent training and checking: flight crew members An operator shall ensure that: (a) a flight crew member undergoes recurrent training listed in sub- regulation (2) and checking in sub-regulation (3)and that all such training and checking is relevant to the type or variant of aircraft on which the flight crew member operates; and a recurrent training and checking programme is established in the operations manual and approved by the Authority. (b) (2) Recurrent training referred to in sub-regulation (1) shall be conducted by the following personnel: (a) (b) ground and refresher training – by suitably qualified personnel; aeroplane flight simulation training device training – by a authorized instructor or in the case of the flight simulation training device content schedule, a flight simulation training 582 Official Gazette nº 21bis of 25/05/2015 device authorized instructor provided that the authorized instructor or flight simulation training device authorized instructor satisfied the operator’s experience and knowledge requirements sufficient to instruct on the items specified in the operations manual; emergency and safety equipment training – by suitably qualified personnel; and crew resource management training – by suitably qualified personnel to integrate elements of crew resource management into all phases of recurrent training; (c) (d) (e) modular crew resource management training – by at least one CRM trainer acceptable to the Authority who may be assisted by experts in order to address specific areas. The recurrent checking referred to in sub-regulation (1) shall be conducted by the following personnel: (a) operator proficiency check – by a check pilot or flight engineer authorized by the air operator certificate holder and accepted by the Authority, as appropriate, or, if the check is conducted in a flight simulation training device, a check pilot or authorized flight engineer as appropriate; line checks – by check pilot by the operator and acceptable to the Authority and; emergency and safety equipment checking – by suitably qualified personnel. (b) (c) The period of validity of an operator proficiency check shall be: (a) (b) six months in addition to the remainder of the month of issue; or if issued within the final three months of validity of a previous operator proficiency check, extended from the date of issue until six months from the expiry date of that previous operator proficiency check. An operator shall ensure that each flight crew member undergoes a line check on the aircraft to demonstrate his competence in carrying out normal line operations described in the operations manual. The period of validity of a line check referred to in sub-regulation (5) shall be: (a) twelve months, in addition to the remainder of the month of issue; or if issued within the final three months of validity of a previous line check, extended from the date of issue until twelve months from the expiry date of that previous check. (b) An operator shall ensure that each flight crew member undergoes training and checking on the location and use of emergency and safety equipment carried. The period of validity of an emergency and safety equipment check referred to in sub-regulation (7) shall be: (a) twelve months in addition to the remainder of the month of issue; or if issued within the final three months of validity of a previous emergency and safety check, extended from the date of issue until twelve months from the expiry date of the previous emergency and safety equipment check. (b) 583 (3) (4) (5) (6) (7) (8) Official Gazette nº 21bis of 25/05/2015 (9) (10) (11) Recurrent training: cabin crew members 220. (1) (2) (3) (4) (5) An operator shall ensure that: (a) (b) elements of CRM are integrated into all appropriate phases of the recurrent training; and a flight crew member undergoes specific modular CRM training and all major topics of CRM training shall be covered over a period not exceeding three years. An operator shall ensure that each flight crew member undergoes ground and refresher training at least every twelve months, if the training is conducted within three months prior to the expiry of the twelve months period, the next ground and refresher training shall be completed within twelve months of the original expiry date of the previous ground and refresher training. An operator shall ensure that each flight crew member undergoes aircraft training or flight simulation training device training at least every six months, if the training is conducted within three months prior to the expiry of the twelve months period, the next aircraft or flight simulation training device training shall be completed within six months of the original expiry date of the previous aircraft or flight simulation training device training. An operator shall ensure that a cabin crew member undergoes recurrent training, covering the actions assigned to each cabin crew member in normal and emergency procedures and drills relevant to the type or variant of aircraft on which they operate as specified in this regulation. An operator shall ensure that the recurrent training and checking programme, approved by the Authority includes theoretical and practical instruction together with individual practice as provided in this regulation. The period of validity of recurrent training and the associated checking required by this regulation shall be twelve months in addition to the remainder of three-month of issue. If issued within the final three calendar months of validity of a previous check, the period of validity shall extend from the date of issue until twelve months from the expiry date of that previous check. An operator shall ensure that recurrent training required under this regulation is conducted by suitably qualified persons. (6) The training programmes are not in compliance with this regulation unless they ensure that each person is: (a) competent to execute those safety duties and functions which the cabin crew member is assigned to perform in the event of an emergency or in a situation requiring emergency evacuation; drilled and capable in the use of emergency and life-saving equipment required to be carried, such as life-jackets, life rafts, evacuation slides, emergency exits, portable fire extinguishers, oxygen equipment and first-aid kits; when serving on aeroplanes above 3,000 m, knowledgeable as regards the effect of lack of oxygen and, in the case of pressurized aeroplanes, as regards physiological phenomena accompanying a loss of pressurization; aware of other crew members’ assignments and functions in the event of an emergency so far as is necessary for the fulfillment of the cabin crew member’s own duties; (b) (c) (d) 584 Recurrent training: flight operations officers Official Gazette nº 21bis of 25/05/2015 (e) (f) aware of the type of dangerous goods which may, and may not, be carried in a passenger cabin and has completed the dangerous goods training programme as prescribed by the Authority; and knowledgeable about human performance as related to passenger cabin safety duties including flight crew-cabin coordination. (7) An operator shall ensure that all appropriate requirements in these regulations are included in the training of cabin crew members. 221. (1) (2) (3) (4) (5) (6) A person shall not serve nor shall an air operator certificate holder use a person as a flight operations officer unless within the preceding twelve months that person has completed the recurrent ground curricula. An air operator certificate holder shall establish and maintain a recurrent training programme, approved by the Authority and established in the air operator certificate holder’s operations manual, to be completed annually by each flight operations officer. A flight operations officer shall undergo recurrent training relevant to the type or variant of aircraft and operations conducted by the air operator certificate holder. An air operator certificate holder shall conduct all recurrent training, of flight operations officers, by suitably qualified personnel. An air operator certificate holder shall ensure that, every twelve months, each flight operations officer receive recurrent training in at least the following: (a) (b) (c) (d) An air operator certificate holder may administer each of the recurrent ground and flight training curricula concurrently or intermixed, but shall record completion of each of these curricula separately. aircraft-specific flight preparation; emergency assistance to flight crews; crew resource management; and recognition and transportation of dangerous goods. Check pilot training 222. (1) (2) A person shall not serve nor shall any air operator certificate holder use a person as a check pilot in an aircraft or check pilot in a flight simulation training device in a training programme unless, with respect to the aircraft type involved, that person has satisfactorily completed the appropriate training phases for the aircraft, including recurrent training, that are required to serve as pilot-in-command. An air operator certificate holder shall ensure that initial ground training for check pilots includes: (a) (b) check pilot duties, functions, and responsibilities; applicable regulations and the air operator certificate holder's policies and procedures; appropriate methods, procedures, and techniques for conducting the required checks; proper evaluation of student performance including the detection of: (i) (ii) improper and insufficient training, and personal characteristics of an applicant that could (c) (d) adversely affect safety; (e) appropriate corrective action in the case of unsatisfactory checks; and 585 (3) (4) (5) Official Gazette nº 21bis of 25/05/2015 (f) approved methods, procedures, and limitations for performing the required normal, abnormal, and emergency procedures in the aircraft. Transition ground training for all check pilots shall include the approved methods, procedures, and limitations for performing the required normal, abnormal, and emergency procedures applicable to the aircraft to which the check pilot is in transition. An air operator certificate holder shall ensure that the initial and transition flight training for check pilots in an aircraft includes: (a) training and practice in conducting flight evaluations, from the left and right pilot seats for pilot check pilots in the required normal, abnormal, and emergency procedures to ensure competence to conduct the flight checks; the potential results of improper, untimely, or non-execution of safety measures during an evaluation; and the safety measures, to be taken from either pilot seat for pilot check pilots, for emergency situations that are likely to develop during an evaluation. (b) (c) An air operator certificate holder shall ensure that the initial and transition flight training for check pilots in a flight simulation training device includes: (a) training and practice in conducting flight checks in the required normal, abnormal, and emergency procedures to ensure competence to conduct the evaluations checks required by this regulation; and training in the operation of flight simulation training devices to ensure competence to conduct the evaluations required by this regulation. (b) (6) An air operator certificate holder shall accomplish flight training for check pilot in full or in part in an aircraft, in flight in a flight simulation training device, as appropriate. 223. (1) A person shall not serve nor shall any air operator certificate holder use a person as an authorized instructor or a flight simulation training device authorized instructor in a training programme unless: (a) (b) the preceding that person has satisfactorily completed initial or transition authorized instructor or a flight simulation training device authorized instructor training, as appropriate; and within that person twenty four months, satisfactorily conducts instruction under the observation of an authorized person, an air operator certificate holder’s check pilot, an authorized flight engineer, as appropriate, or an examiner employed by the air operator certificate holder. An air operator certificate holder shall accomplish the observation check for a authorized instructor or a flight simulation training device authorized instructor, in part or in full, in an aircraft, or a flight simulation training device; as appropriate. An air operator certificate holder shall ensure that initial ground training for an authorized instructor and flight simulation training device authorized instructor includes the following: (a) the duties, functions, and responsibilities; 586 (2) (3) Authorized instructor or flight simulation training device authorized instructor training Official Gazette nº 21bis of 25/05/2015 (b) (c) (d) (e) (f) (g) applicable regulations and the air operator certificate holder's policies and procedures; appropriate methods, procedures, and techniques for conducting the required checks; proper evaluation of trainee performance including the detection of: (i) (ii) improper and insufficient training, and personal characteristics of an applicant adversely affect safety; that could appropriate corrective action in the case of unsatisfactory checks; approved methods, procedures, and limitations for performing the required normal, abnormal, and emergency procedures in the aircraft; except for holders of a flight instructor licence: (i) the fundamental principles of teaching-learning the process; (ii) (iii) teaching methods and procedures; and the instructor-trainee relationship. An air operator certificate holder shall ensure that the transition ground training for an authorized instructor and flight simulation training device authorized instructor includes the approved methods, procedures, and limitations for performing the required normal, abnormal, and emergency procedures applicable to the aircraft to which the authorized instructor is in transition. An air operator certificate holder shall ensure that the initial and transition flight training for an authorized instructor and flight simulation training device authorized instructor includes the following: (a) the safety measures for emergency situations that are likely to develop during instruction; the potential results of improper, untimely, or non-execution of safety measures during instruction; for pilot authorized instructor: (i) inflight training and practice in conducting flight instruction from the left and right pilot seats in the required normal, abnormal, and emergency procedures to ensure competence as an instructor; and the safety measures to be taken from either pilot seat for emergency situations that are likely to develop during instruction; and (ii) (b) (c) (d) for authorized flight engineer instructor, in-flight training to ensure competence to perform assigned duties. An air operator certificate holder shall accomplish the flight training requirements for an authorized instructor in full or in part in an aircraft, in flight or in a flight simulation training device. An air operator certificate holder shall ensure that the initial and transition flight training for flight simulation training device authorized instructor includes the following: (a) training and practice in the required normal, abnormal, and emergency procedures to ensure competence to conduct the flight instruction required by this regulation, where the training and practice are accomplished in full or in part in a flight simulation 587 (4) (5) (6) (7) Official Gazette nº 21bis of 25/05/2015 (b) training device; and training in the operation of flight simulation training devices, to ensure competence to conduct the flight instruction required by this regulation. Authorized instructor qualifications 224. An air operator certificate holder shall not use a person nor shall any person serve as an instructor in an established training programme unless, with respect to the aircraft type involved, that person: (a) (b) (c) (d) (e) satisfactorily completed holds licences and ratings required to serve as a pilot-in-command or a flight engineer, as applicable; has satisfactorily completed the appropriate training phases for the aircraft, including recurrent training, that are required to serve as a pilot-in-command or a flight engineer, as applicable; the appropriate proficiency, has competency and recency of experience checks that are required to serve as a pilot-in-command or a flight engineer, as applicable; has satisfactorily completed the applicable initial or transitional in-flight training requirements and competency check; and holds a Class 1 Medical Certificate. the Authority-observed 225. Check pilot and authorized flight engineer qualifications An air operator certificate holder shall not use a person, nor shall any person serve as a check pilot or an flight engineer authorized by the air operator certificate holder and accepted by the Authority in an established training programme unless, with respect to the aircraft type involved, that person: (a) (b) (c) (d) (e) (f) satisfactorily completed holds the pilot licences and ratings required to serve as a pilot-in- command or a flight engineer as applicable; has satisfactorily completed the appropriate training phases for the aircraft, including recurrent training, that are required to serve as a pilot-in-command or a flight engineer as applicable; has the appropriate proficiency, competency and recency of experience checks that are required to serve as a pilot-in-command or a flight engineer as applicable; has satisfactorily completed the applicable initial or transitional training requirements and in-flight competency check; holds Class I or II medical certificate as may be applicable; and has been approved by the Authority for the check pilot or the Authority-observed authorized flight engineer duties involved as applicable. Check pilot designation 226. A person shall not serve nor shall any air operator certificate holder use a person as a check pilot for any flight check unless that person has been designated by name for specified function by the Authority within the preceding twelve months. Check pilot authorizations and limitations 227. (1) A person shall not serve nor shall any air operator certificate holder use a person as a check pilot for any check: (a) in an aircraft as a required pilot flight crew member unless that person holds the required pilot licence and ratings and has completed for the air operator certificate holder all applicable training, qualification and currency requirements under these Regulations applicable to the crew position and the flight 588 Official Gazette nº 21bis of 25/05/2015 operations being checked; (b) (c) in an aircraft as an observer check pilot unless that person holds the pilot licences and ratings and has completed all applicable training, qualification and line observation requirements under these Regulations applicable to the position and the flight operations being checked; or in a flight simulation training device unless that person has completed or observed with the air operator certificate holder all training, qualification and line observation requirements under these Regulations applicable to the position and flight operations being checked. (2) For purposes of sub-regulation (1), a check pilot is authorized to: (a) (b) (c) conduct proficiency or competency checks, line checks, and special qualification checks; supervise the re-establishment of landing currency; and supervise any initial operating experience requirements prescribed by the Regulations or the Authority. flight simulation training device approval Line qualification: check pilot and instructor 228. An air operator certificate holder shall not use a flight simulation training device for: (a) (b) training or checking unless that flight simulation training device has been specifically approved for the air operator certificate holder in writing by the Authority; any purpose other than that specified in the Authority’s approval. 229. A person shall not serve nor shall any air operator certificate holder use a person as a check pilot or flight simulation training device instructor unless, within the preceding twelve months before that service, that person has: (a) flown at least five flights as a required crew member for the type of aircraft involved; or (b) observed, in the cockpit, the conduct of two complete flights in the aircraft type to which the person is assigned. 230. Termination of a proficiency, competence or line check An air operator certificate holder shall not use a crew member or flight operations officer in whose check was terminated in commercial air transport operations until the completion of a satisfactory recheck of that crew member or flight operations officer has been carried out. Recording of crew member qualifications 231. (1) The air operator certificate holder shall record and maintain for each crew member and flight operations officer, a record of each test and check as required by these Regulations. A pilot may complete the curricula required by these Regulations concurrently or intermixed with other required curricula, but completion of each of these curricula shall be recorded separately. (2) 232. (1) Monitoring of training and checking activities To enable adequate supervision of its training and checking activities, an air operator certificate holder shall forward to the Authority at least five working days prior to the scheduled activity, the dates, location, reporting times and report of all: (a) training for which a curriculum is approved in the air operator 589 Official Gazette nº 21bis of 25/05/2015 (2) certificate holder’s training programme; and proficiency, competence and line checks. (b) Failure to provide the information required by sub-regulation (1) may invalidate the training or check and the Authority may require that it be repeated for observation purposes. Eligibility period 233. (1) (2) (3) A crew member who is required to take a proficiency check, a test or competency check, or recurrent training to maintain qualification for commercial air transport operations shall complete those requirements at any time during the eligibility period. The eligibility period is defined as the three month period including the month prior, the month due, and the month after any due date specified by these Regulations. Completion of the requirement at any time during the period shall be considered as completed in the month due for calculation of the next due date. PART IX – FATIGUE MANAGEMENT AND PROTECTION OF FLIGHT CREW FROM COSMIC RADIATION Application, interpretation and modification Fatigue of Crew 234. (1) This Part shall apply to an aircraft registered in Rwanda which is: (2) (3) engaged on a flight for the purpose of commercial air transport; or operated by an air transport undertaking. (a) (b) This Part, shall not apply in relation to a flight made only for the purpose of instruction in flying given by or on behalf of a flying club or a flying school or a person, who is not an air transport undertaking. In this Part, unless the context otherwise requires: “flight time,” in relation to any person, means all the time spent by that person in an aircraft, whether or not registered in Rwanda , other than an aircraft of which the maximum total weight authorized does not exceed 1,600 kg, which is not flying for the purpose of commercial air transport or aerial work, while it is in flight and the person is carried therein as a crew member crew; and in respect of this Sub-Part, only in the calculation of flight, flying at night shall be counted at the rate of one and one quarter times the actual flight time; “duty period,” in relation to any person who flies in an aircraft as a member of the flight crew, means any continuous period throughout which he is, under the provisions of sub-regulation (4) or (5), to be treated as being on duty: Provided that where two or more periods which are separated by an interval of less than 10 hours, the period starting when the first of those duty periods began and finishing when the last of them ended shall be treated as constituting a single continuous duty period; and “rest period,” in relation to any person, means any continuous period no part of which forms part of a duty period of that person. For the purpose of this Part, a person who is employed under a contract of service to fly in an aircraft as a crew member of the flight crew shall be treated as being on duty at any time when in the course of that employment he flies in any aircraft whether as a crew member of its crew or as a passenger and whether or not the aircraft is such an aircraft as is referred to in sub- (4) 590 Official Gazette nº 21bis of 25/05/2015 (b) (c) regulation (1) or he is otherwise acting in the course of that employment: Provided that when he is not flying in an aircraft: (a) subject to sub-paragraph (c), he shall not be treated as being on duty during any period which he is allowed to rest; subject to sub-paragraph (c), he shall not be treated as being on duty at any time by reason only of his being required at that time to be available at a particular place to report for duty if required to do so; he shall be treated as being on duty at any time when he is required to be available at ‘a particular place to report for duty if required to do so if: (i) (ii) that place is at an aerodrome; or that place, not being at an aerodrome, is a place at which his employer requires persons, similarly, employed to be available and adequate facilities for rest are not available for his use while he is required to be so available. (5) (6) (7) Fatigue Risk Management Systems 235. (1) For the purposes of this sub-Part, a person who flies in an aircraft as a crew member, otherwise than in the course of his employment under a contract of service to fly, shall be treated as being on duty at any time when, in connection with any business of operating an aircraft, he flies in any aircraft whether as a crew member or as a passenger and whether, or not the aircraft is such an aircraft as is referred to in sub-regulation (1) or does any work. For the purposes of this sub-Part, references to a person flying in an aircraft as a crew member include references to the operator of the aircraft who himself flies in the aircraft in any such, capacity, and references to the work and other duties which a person is required or permitted by an operator to carry out shall in any such case be construed as references to any work carried out by that operator in connection with the management of aircraft or with any business which includes the flying of aircraft. Notwithstanding this sub-Part, the Authority may, in respect of scheduled services, approve schedules and crew roster programmes where the Authority considers that special circumstances justify an extension of the duty period but in any event the flight time involved shall not exceed 50 percent of the maximum duty period. For the purpose of managing fatigue-related safety risks, an AOC holder shall establish either: (a) (b) (c) flight time, flight duty period, duty period and rest period limitations that are within the prescriptive fatigue management regulations in Regulation 236; or a Fatigue Risk Management System (FRMS) in compliance with sub- regulation (5); or a FRMS in compliance with sub-regulation (5) for part of its operations and the requirements of Regulation 236 for the remainder of its operations. (2) Where the operator adopts prescriptive fatigue management regulations for part or all of its operations, the Authority may approve, in exceptional circumstances, variations to these regulations on the basis of a risk assessment provided by the operator. Approved variations shall provide a level of safety equivalent to, or better than that achieved through the prescriptive fatigue 591 Official Gazette nº 21bis of 25/05/2015 management regulations. (3) (4) The Authority shall approve an operator’s FRMS before it may take the place of any or all of the prescriptive fatigue management regulations. An approved FRMS shall provide a level of safety equivalent to, or better than, the prescriptive fatigue management regulations. Operators using an FRMS must adhere to the following provisions of the FRMS approval process that allows the Authority to ensure that the approved FRMS meets the requirements of sub-regulation (3): (a) Establish maximum values for flight times and/or flight duty period(s) and duty period(s), and minimum values for rest periods that shall be based upon scientific principles and knowledge, subject to safety assurance processes (b) Adhere to Authority mandates to decrease maximum values and increase in minimum values in the event that the operator’s data indicates these values are too high to too low, respectively; and (c) Provide justification to the Authority for any increase in maximum values or decrease in minimum values based on accumulated FRMS experience and fatigue-related data before such changes will be approved by the Authority. (5) Operators implementing an FRMS to manage fatigue-related safety risks shall, as a minimum: (a) (b) Incorporate scientific principles and knowledge within the FRMS; Identify fatigue-related safety hazards and the resulting risks on an ongoing basis; (c) Ensure that the remedial actions, necessary to effectively mitigate the risks associated with the hazards, are implemented promptly; (d) Provide for continuous monitoring and regular assessment of the mitigation of fatigue risks achieved by such actions; and (e) Provide for continuous improvement to the overall performance of the FRMS. (6) A Fatigue Risk Management System (FRMS) established in accordance with sub-regulation (5), shall contain, at a minimum: (a) FRMS policy (i) The operator shall define its FRMS policy, with all elements of the FRMS clearly identified. (ii) The policy shall require that the scope of FRMS operations be clearly defined in the operations manual. (iii) The policy shall: (A) reflect the shared responsibility of management, flight and cabin crews, and other involved personnel; (B) clearly state the safety objectives of the FRMS; 592 Official Gazette nº 21bis of 25/05/2015 (C) be signed by the accountable executive of the organization; (D) be communicated, with visible endorsement, to all the relevant areas and levels of the organization; (E) declare management commitment to effective safety reporting; (F) declare management commitment to the provision of adequate resources for the FRMS; (G) declare management commitment to continuous improvement of the FRMS; (H) require that clear lines of accountability for management, flight and cabin crews, and all other involved personnel arei dentified; and (I) require periodic reviews to ensure it remains relevant and appropriate. (b) FRMS documentation An operator shall develop and keep current FRMS documentation that describes and records: (i) (ii) (iii) FRMS policy and objectives; FRMS processes and procedures; accountabilities, responsibilities and authorities for these processes and procedures; (iv) mechanisms for ongoing involvement of management, flight and cabin crew members, and all other involved personnel; (v) (vi) FRMS training programmes, training requirements and attendance records; scheduled and actual flight times, duty periods and rest periods with significant deviations and reasons for deviations noted; and (vii) FRMS outputs including findings from collected data, recommendations, and actions taken. (c) Fatigue risk management processes (i) An operator shall develop and maintain three fundamental and documented processes for fatigue hazard identification: Predictive The predictive process shall identify fatigue hazards by examining crew scheduling and taking into account factors known to affect sleep and fatigue and their effects on performance. Methods of examination may include but are not limited to: (A) operator or industry operational experience and data collected on similar types of operations; 593 Official Gazette nº 21bis of 25/05/2015 (B) evidence-based scheduling practices; and (C) bio-mathematical models. Proactive The proactive process shall identify fatigue hazards within current flight operations. Methods of examination may include but are not limited to: (A) self-reporting of fatigue risks; (B) crew fatigue surveys; (C) relevant flight and cabin crew performance data; (D) available safety databases and scientific studies; and (E) analysis of planned versus actual time worked. Reactive The reactive process shall identify the contribution of fatigue hazards to reports and events associated with potential negative safety consequences in order to determine how the impact of fatigue could have been minimized. At a minimum, the process may be triggered by any of the following: (A) fatigue reports; (B) confidential reports; (C) audit reports; (D) incidents; and (E) flight data analysis events. (ii) An operator shall develop and implement risk assessment procedures that determine the probability and potential severity of fatigue-related events and identify when the associated risks require mitigation. (iii) The risk assessment procedures shall review identified hazards and link them to: (A) (B) (C) (D) operational processes; their probability; possible consequences; and the effectiveness of existing safety barriers and controls. (iv) An operator shall develop and implement risk mitigation procedures that: (A) (B) (C) select the appropriate mitigation strategies; implement the mitigation strategies; and strategies’ implementation and monitor the effectiveness. 594 Official Gazette nº 21bis of 25/05/2015 (d) FRMS safety assurance processes The operator shall develop and maintain FRMS safety assurance processes to: (i) (ii) a) provide for continuous FRMS performance monitoring, analysis of trends, and measurement to validate the effectiveness of the fatigue safety risk controls. The sources of data may include, but are not limited to: (A) (B) (C) hazard reporting and investigations; audits and surveys; and reviews and fatigue studies; (iii) provide a formal process for the management of change which shall include but is not limited to: (A) (B) (C) identification in of environment that may affect FRMS; changes the operational identification of changes within the organization that may affect FRMS; and consideration of available tools which could be used to maintain or improve FRMS performance prior to (D) implementing changes; and (iv) provide for the continuous improvement of the FRMS. This shall include but is not limited to: (A) (B) (C) (D) the elimination and/or modification of risk controls that have had unintended consequences or that are no longer to changes needed due organizational environment; in the operational or routine documentation and procedures; and evaluations of facilities, equipment, the determination of the need to introduce new processes and procedures to mitigate emerging fatigue- related risks. (e) FRMS promotion processes FRMS promotion processes support the ongoing development of the FRMS, the continuous improvement of its overall performance, and attainment of optimum safety levels. The following shall be established and implemented by the operator as part of its FRMS: (i) training programmes to ensure competency commensurate with the roles and responsibilities of management, flight and cabin crew, and all other involved personnel under the planned FRMS; and (ii) an effective FRMS communication plan that: (A) explains FRMS policies, procedures and 595 236. Establishment of limits on flight times, flight duty periods and rest periods Official Gazette nº 21bis of 25/05/2015 responsibilities to all relevant stakeholders; and (B) describes communication channels used to gather and disseminate FRMS-related information. (7) An operator shall maintain records for all its flight and cabin crew members of flight time, flight duty periods, duty periods, and rest periods for a period of time specified in Regulation 236. (1) Notwithstanding regulation 237, and for the purposes of ensuring that the requirements of those provisions are complied with, every operator of an aircraft to which this regulation applies shall establish for every person flying in that aircraft as a crew member: (a) (b) (c) limits on the aggregate of all that persons flight times during every period of twenty-eight consecutive days; limits on that person flight duty period ; and minimum rest periods which that person is to have immediately before any duty period in the course of which he makes any flight. The limits and minimum rest periods referred to in sub-regulation (1) shall be limits and minimum rest periods which the operator is satisfied, after taking into account the matters mentioned in sub-regulation (3), are such that, if every crew member observes those limits and has those minimum rest periods, the safety of the aircraft on any flight is not likely to be endangered by reason of any fatigue which may be caused by the work or other duties which the crew members are required or permitted by that operator to carry out; and different limits and different minimum rest periods may be established either for different persons or for different classes of persons and for different circumstances. The matters which an operator shall take into account in establishing the limits and minimum rest periods referred to in sub-regulation (1) are, the nature of the work and other duties which those persons will carry out, and all the circumstances arising out of the carrying out of that work and those duties, which may affect the degree of fatigue from which those persons may suffer while they are making a flight in an aircraft to which this regulation applies in any such capacity as is mentioned in sub-regulation (1) including: (a) the type of the aircraft in which the flight will be made; (b) the area in which the flight will be made; (c) the number of landings which will be made during the course of each flight duty; the amount of night flying during each flight duty period; and the number of consecutive occasions on which each crew member will be required to fly for the maximum period permitted under this sub- Part. (d) (e) No limits or minimum rest periods may be established under sub-regulation (1) which would require or permit any person to fly in any aircraft at a time when such flying would constitute a contravention of any of the provisions of these regulations, or would require or permit any person to fly in any aircraft as a crew member thereof within the period of one hour immediately preceding the end of the specified time referred to in sub-regulation (2) of regulation 236 or, when the specified time is twenty-four hours, within the period of two hours immediately preceding the end of the specified time. An operator of an aircraft holder to which this regulation applies shall not 596 (2) (3) (4) (5) Official Gazette nº 21bis of 25/05/2015 permit that aircraft to make a flight unless limits and minimum rest periods have been established in accordance with the provisions of this regulation so as to apply to every crew member. An operator of an aircraft to which this regulation applies shall take all such steps as are reasonably practicable to ensure that all limits for the time being established by that operator in accordance with the provisions of this regulation are observed, and that no person for whom minimum rest periods are for the time being so established makes any flight in an aircraft to which this regulation applies, unless immediately before the duty period in the course of which that person makes the flight, the person has had the appropriate rest period so established. Notwithstanding anything contained in this regulation, an operator of an aircraft to which this regulation applies may confer upon the pilot-in- command a discretion to make, or authorize any person to make, a flight in that aircraft in such circumstances that the pilot-in-command or that other person will not observe the limits or will not have had the minimum rest periods established by that operator under this regulation and applicable to the pilot-in-command or that other person. The discretion set out in sub-regulation (7) shall not be exercisable unless: (a) (6) (7) (8) it appears to the pilot-in-command: (i) that arrangements had been made for the flight to be made with such a crew and so as to begin and end at such times that if the flight had been made in accordance with those arrangements each member of the crew would have observed the limits and have had the minimum rest periods established by the operator and applicable to them, and that since those arrangements were made the flight has been or will be prevented from being made in accordance with those arrangements by reason of circumstances which were not foreseen, as likely to prevent that flight from being so made; or that the flight is one which ought to be carried out in the interests of the safety or health of any person; and the pilot-in-command is satisfied that the safety of the aircraft on that flight will not be endangered if the pilot-in-command or that other person makes that flight. (ii) (b) (9) (10) An operator of an aircraft to which this regulation applies shall include in every operations manual to be provided under the Civil Aviation (Air Operator Certificate and Administration) Regulations for the use and guidance of the crew members of that aircraft, or in any case where no such manual is required, in a document to be provided for the use and guidance of those members, full particulars of all limits and minimum rest periods for the time being established under this regulations which may affect any of those members, and of any discretion conferred upon the pilot-in-command of that aircraft under sub-regulation (7) and (8). Subject to sub-regulation (9) and without prejudice to any other provisions of the Civil Aviation (Air Operator Certification and Administration) Regulations, an operator shall, whenever requested to do so by a person authorized, in that behalf by the Authority, furnish that person with a copy of all particulars from time to time included in any such operations manual or document in accordance with the requirements referred to in sub-regulation 597 Official Gazette nº 21bis of 25/05/2015 (9). Maximum flight duty periods for crew member 237. (1) A person shall not fly in an aircraft to which this regulation applies as a crew member in the course of any duty period of that person after more than the specified time has elapsed since the beginning of that duty period. (2) In sub-regulation (1), the expression “specified time” means: (a) (b) (c) in relation to a pilot, whenever paragraph (b) does not apply, eleven hours; except that, if during the duty period there has been a period of not less than five continuous hours throughout which that person has not flown in any aircraft to which this regulation applies, or performed any duties, this paragraph shall have effect as if twelve hours were substituted for eleven hours; in relation to a person who, at all times when that person flies as a pilot in the course of his duty period, is one of two or more persons carried as pilots of an aircraft undertaking: (i) an international flight or service - fifteen hours; (ii) a flight within Rwanda - twelve hours; except that if during the duty period there has been a period of not less than five continuous hours throughout which that person has not flown in any aircraft to which this regulation applies or performed any duties, this paragraph shall have effect as if fifteen hours were substituted for twelve hours and twenty hours were substituted for fifteen hours if that person is one of three or more persons carried as pilots of the aircraft and the following conditions are fulfilled: (aa) (bb) (cc) (dd) at least two of the pilots are qualified to act as pilot- in-command in the circumstances both by their respective licences and in accordance with the requirements of regulation 48 (except in respect of their knowledge of the aerodromes of take-off and landing and any alternate aerodromes); at least one of the pilots is carried in addition to those flight crew members who are required to be carried in the circumstances by or under these Regulations; one suitable bunk is always available for the use only of pilots; and each of the pilots has, during the duty period, been afforded opportunities of resting for a reasonable time; in relation to a flight engineer - fifteen hours; except that this paragraph shall have effect as if twenty four hours were substituted for fifteen hours in relation to a person who, at all times when that person flies as a flight engineer in the course of his duty period, is one of two or more persons carried as flight engineers of the aircraft, if the following conditions are fulfilled:- (i) at least one of the flight engineers is carried in addition to the crew members who are required to be carried in the circumstances by or under these Regulations; one suitable bunk is always available for the use only of flight engineers; and (ii) 598 Official Gazette nº 21bis of 25/05/2015 (iii) each of the flight engineers has, during the duty period, been afforded opportunities of resting for a reasonable time; and (d) which shall apply to cabin crew member as it applies to flight in relation to a cabin crew—fifteen hours; engineers. (3) The maximum total hours associated with the duty periods undertaken by any crew member shall not exceed one hundred and sixty hours during any period of twenty-eight days; except that whenever a crew member exceeds one hundred and twenty hours “non-flying time” that member shall not, because of this, be disqualified from further flying duties providing all other requirements are met. Minimum rest periods for crew members 238. (1) Notwithstanding regulation 235 a person shall not fly in an aircraft to which this regulation applies as a crew member unless immediately before the duty period in the course of which that person makes that flight the person has had a sufficient rest period, as set out in Table 4. TABLE 4 – MINIMUM REST PERIODS FOR FLIGHT CREW Length of immediately preceding duty period Minimum length of sufficient rest period Not exceeding 10 hours 11 hours Exceeding 10 but not exceeding 11 hours 12 hours Exceeding 11 but not exceeding 12 hours 13 hours Exceeding 12 but not exceeding 13 hours 14 hours Exceeding 13 but not exceeding 14 hours 15 hours Exceeding 14 but not exceeding 15 hours 16 hours Exceeding 15 but not exceeding 16 hours 17 hours Exceeding 16 but not exceeding 17 hours 19 hours Exceeding 17 but not exceeding 18 hours 21 hours Exceeding 18 but not exceeding 19 hours 23 hours Exceeding 19 but not exceeding 20 hours 25 hours Exceeding 20 but not exceeding 21 hours 27 hours Exceeding 21 but not exceeding 22 hours 29 hours 599 Official Gazette nº 21bis of 25/05/2015 Exceeding 22 but not exceeding 23 hours 31 hours Exceeding 23 hours 33 hours (2) Where a rest period is taken by a person at a place which is not within 50 miles of that person ordinary place of residence, it shall be deemed to be a sufficient rest period if it includes a period of eight hours falling between 2200 and 0800 hours local time as set out in Table 5 Table 5 – Minimum rest period: distance not within 50 miles of place of residence Length of immediately preceeding duty period Minimum sufficient rest period length of Exceeding 10 but not exceeding 11 hours 10 hours Exceeding 11 but not exceeding 12 hours 12 hours Exceeding 12 but not exceeding 14 hours 13 hours Exceeding 14 but not exceeding 17 hours 15 hours Exceeding 17 but not exceeding 20 hours 16 hours Exceeding 20 but not exceeding 23 hours 17 hours Exceeding 23 hours 18 hours (3) The length of the duty periods established in this regulation are adjusted to allow for duty time before and after a flight or series of flights which make up one duty period. Duty and rest periods for flight operations officers 239. (1) (2) An air operator certificate holder shall not schedule a flight operations officer for more than 10 consecutive hours of duty within a 24 consecutive hour period, unless that person is given an intervening rest period of at least 8 hours at or before the end of the 10 hours duty. Each air operator certificate holder shall establish the daily duty period for a flight operations officer so that it includes a time that allows him or her to become thoroughly familiar with existing and anticipated weather conditions along the route before he or she dispatches any aircraft. 240. (1) Records of flight times and duty periods An operator of an aircraft to which this regulation applies shall not cause or permit any person to fly as a crew member unless the operator has in his possession an accurate and up-to-date record maintained by him or by another operator of aircraft in respect of that person and in respect of the twenty-eight 600 Official Gazette nº 21bis of 25/05/2015 days immediately preceding the flight showing:- (a) (b) (c) (d) the times of the beginning and end of each flight in any aircraft made by that person as a crew member in the course of any of his duty periods; the times of the beginning and end of each duty period of that person in the course of which he made a flight as a crew member; the times of the beginning and end of each duty period of that person ending within a period of seventy-two hours immediately preceding the beginning of any duty period of that person in the course of which he made a flight in any aircraft as a crew member; and brief particulars of the nature of the work or other duties carried out by that person during each of the crew member’s duty periods of which a record is required to be kept under this sub-regulation.(2) The Authority may notify the form and manner in which any records required to be kept under sub-regulation (1) shall be kept and, where the Authority has so notified, the records shall be kept accordingly. (2) Subject to regulation 12, an operator of an aircraft shall preserve the records referred to in this regulation for a period of at least six months after the end of the flight duty period or rest period to which they relate. Maximum flight times for crew member 241. (1) A person shall not fly in any aircraft registered in Rwanda as a crew member at any time on any day after the aggregate of all his flight times, whether arising from flight in an aircraft to which this regulation applies or in any other aircraft, during the period of twenty-eight consecutive days expiring at the end of that day amounts to one hundred and five hours or more. (2) The prohibition referred to in sub-regulation (1) shall not apply: (a) (b) to a flight made in an aircraft of which the maximum total weight authorized does not exceed 1,600 kg. and which is not flying for the purpose of commercial air transport or aerial work; or to a flight made in an aircraft not flying for the purpose of commercial air transport but excluding aerial work if at the time of the flight the aggregate of all the flight times of the person making the flight since the person was last medically examined under these Regulations and found fit does not exceed one hundred and fifty hours. Provision for particular cases 242. (1) Notwithstanding anything contained in regulations 236, 237 and 240,, a person shall be deemed not to have contravened any of the provisions of these Regulations by reason of a flight made at any time by that person or by another person if the first mentioned person proves that: (2) (a) (b) it was due to an unavoidable delay in the completion of the flight that the person so flying was flying at that time; and the first mentioned person could not reasonably be expected to have foreseen before the flight began that the delay was likely to occur. Notwithstanding anything contained in regulation 236, 237 and 240, the pilot- in-command of an aircraft may make, or authorize any other person to make, and that other person if so authorized may make, a flight in that aircraft which he would, but for this sub-regulation, be prohibited from making by virtue of any provision contained in the regulations 236, 237 and 240, if: (a) it appears to the pilot-in-command: (i) that arrangements had been made for the flight to be made with such a crew member and so as to begin and end at such times 601 Official Gazette nº 21bis of 25/05/2015 that no crew member would have been prohibited from making the flight in accordance with those arrangements by any provision contained in the regulations 237, 238 and 240,, and that since those arrangements were made the flight has been or will be prevented from being in accordance with those arrangements by reason of circumstances which were not foreseen as likely to prevent that flight from being so made; or that the flight is one which ought to be carried out in the interest of the safety or health of any person; and (ii) (b) the pilot-in-command is satisfied that the safety of the aircraft on that flight will not be endangered if the pilot-in-command or that other person makes that flight. (3) Where the pilot-in-command or any other person makes a flight in an aircraft which he or that other person is permitted to make under sub-regulation (2), a report in writing that he or that other person has made that flight, giving full particulars of the circumstances in which it was made and the reasons why the pilot-in-command made that flight or authorized that other person to do so, shall be made as soon as is reasonably practicable by the pilot-in-command to the operator of the aircraft and in any event by the operator to the Authority; and the operator and the pilot-in-command shall furnish any authority with such further information in his possession relating to the flight and to the circumstances in which it was made as the Authority may require. Notwithstanding regulations 236, 237, 240, and this regulation, where a scheduled service has an unavoidable and prolonged delay en route, subject to the discretion of the pilot-in-command,a reduced period of rest may be taken, and such period shall include at least six hours between 2000 and 0600 hours local time and shall be of a duration of not less than that appropriately extracted from the following graph. (4) 602 Official Gazette nº 21bis of 25/05/2015 Duties of operators to prevent excessive fatigue of crew members 243. An operator of an aircraft to which this regulation applies shall ensure, in respect of each person flying as a crew member of that aircraft, that: (a) (b) the period during which that person is required or permitted by that operator to carry out any work or other duties are so limited in length and frequency; and that person is afforded such period for rest, that his work and duties are not likely to cause him such fatigue while the person is flying in the aircraft, in respect of flight crew, as may endanger the safety thereof, and in respect of other crew members, as may 603 R E S T P E R I O D S D U T Y T I M E C O M P L E T E D D U T Y T I M E T O G O 5 6 7 8 9 10 11 13 12 6 7 8 9 10 11 12 13 14 4 Official Gazette nº 21bis of 25/05/2015 impair their efficiency to adequately perform their duties in relation to the possible evacuation or control of passengers or the provision of assistance in the event of an emergency situation. Protection Of Crew Member From Cosmic Radiation 244. (1) An operator shall take appropriate measures to – Protection of crew member from cosmic radiation (a) (b) (c) assess the exposure to cosmic radiation when in flight of those crew members who may be exposed to cosmic radiation in excess of 1 milliSievert per year; take into account the assessed exposure when organising work schedules with a view to reducing the doses of highly exposed crew members; and inform the workers concerned of the health risks their work involves. (2) An operator shall ensure that in relation to a pregnant crew member when notified in writing that she is pregnant, the conditions of exposure to cosmic radiation when that crew member is in flight are such that the equivalent dose to the foetus will be as low as reasonably achievable and is unlikely to exceed 1 milliSievert during the remainder of the pregnancy. (3) An operator who is not informed of a pregnancy referred to in sub- regulation (2) shall not be held liable for any cosmic radiation exposure to the foetus exceeding 1 milliSiervert. (4) In this regulation – (a) “highly exposed crew member” means flight crew members operating in high performance aircraft capable of flying above an altitude of 15,000 m (49,000 ft); (b) “Sievert” means a unit of equivalent or effective dose of one joule per kilogramme; and “year” means any period of twelve months. (c) (1) The operator of an aircraft registered in Rwanda shall, in respect of any flight at an altitude of more than 15,000 m (49,000 ft), keep a record of a total dose of cosmic radiation to which the aircraft and the crew members are exposed during the flight together with the names of the crew members. (2) The operator of an aircraft shall, within a reasonable period after being requested to do so by a person authorized by the Authority, cause to be produced to that person the record required to be kept under sub- regulation (1). (3) The operator of an aircraft shall, within a reasonable period after being requested to do so by a person in respect of whom a record is required to be kept under subregulation (1), supply a copy of that record to that person. (4) A record kept under this regulation shall contain details of the assessment of the exposure to cosmic radiation for over a period of 12 consecutive months can be determined. (5) A record kept under this regulation shall be available for production as a paper record for a period of two years from the date each assessment was made, except that where the assessment shows that an individual is liable 604 245. Cosmic radiation: records to be kept Official Gazette nº 21bis of 25/05/2015 to cosmic radiation exposure in excess of 6 milliSieverts per year the record shall be available as a paper record until whichever is the later of either - (a) the 75th anniversary of his birth, whether or not he has survived to that date; or the 30th anniversary of the termination of his work which involved exposure to cosmic radiation. (b) (6) When an operator or an undertaking authorized by the Authority separately assesses the exposure to cosmic radiation of the individual members of the air crew, the operator or the undertaking shall keep a record of the exposure to cosmic radiation for each member of air crew assessed under regulation 243, which record shall include - (a) (b) the name of the member of the air crew; the detail of each assessment of exposure expressed milliSieverts per year; and the date of the assessment. (c) in (7) When an operator or an undertaking authorized by the Authority does not separately assess the exposure to cosmic radiation of the individual members of the air crew, but instead assesses the exposure to cosmic radiation of groups of air crew members the undertaking shall keep a single record for all the air crew assessed under regulation 243, which record shall state - (a) (b) the names of all air crew covered by the assessment; the maximum dose of cosmic radiation expressed in milliSieverts per year to which those air crew are liable to be exposed; how the dose in subparagraph (b) is calculated; and the period for which the assessment is valid. (c) (d) PART X - FLIGHT RELEASE: COMMERCIAL AIR TRANSPORT (3) (2) (1) An air operator certificate holder shall designate a qualified person to exercise the functions and responsibilities for operational control of each flight in commercial air transport. For passenger-carrying flights conducted on a published schedule, a Licenced and qualified flight operations officer or equivalently qualified person shall be on duty at an operations base to perform the air operator certificate holders operational control functions. For all other flights, the qualified person exercising operational control responsibilities shall be available for consultation prior to, during and immediately following the flight operation. For all flights, the pilot-in-command shares in the responsibility for operational control of the aircraft and has the situational authority to make decisions regarding operational control issues in-flight. the pilot-in-command differs that recommended, the person making the recommendation shall make a record of the associated facts. (5) Where a decision of from (4) (a) satisfactorily completed an operator-specific (6) A flight operations officer shall not be assigned duty unless that person has: that addresses all the specific components of its approved method of control and supervision of flight operations; training course 605 246. Qualified persons required for operational control functions Official Gazette nº 21bis of 25/05/2015 (b) made, within the preceding 12 months, at least a oneway qualification flight in the flight crew compartment of an aeroplane over any area for which that individual is authorized to exercise flight supervision including landings at as many aerodromes as practicable; (c) demonstrated to the operator a knowledge of: i) the contents of the operations manual; ii) the radio equipment in the aeroplanes used; and iii) the navigation equipment in the aeroplanes used; the seasonal meteorological conditions and (d) demonstrated to the operator a knowledge of the following details concerning operations for which the officer is responsible and areas in which that individual is authorized to exercise flight supervision: i) meteorological information; ii) the effects of meteorological conditions on radio reception in the aeroplanes used; iii) the peculiarities and limitations of each navigation system which is used by the operation; and iv) the aeroplane loading instructions; the sources of Functions associated with operational control (e) demonstrated to the operator knowledge and skills related to human performance relevant to dispatch duties; and (f) demonstrated to the operator the ability to perform the duties 247. The person exercising responsibility for operational control for an air operator certificate holder shall: (a) (b) (c) (d) (e) (f) authorise the specific flight operation; ensure that an airworthy aircraft properly equipped for the flight is available; ensure that qualified personnel and adequate facilities are available to support and conduct the flight; ensure that proper flight planning and preparation is made; ensure that flight locating and flight following procedures are followed; and for scheduled passenger-carrying flights, ensure the monitoring of the progress of the flight and the provision of information that may be necessary to safety. Operational control duties 248. (1) (b) (c) (d) For passenger-carrying flights conducted on a published schedule, the qualified person performing the duties of a flight operations officer shall: (a) assist the pilot-in-command in flight preparation and provide the relevant information required; assist the pilot-in-command in preparing the operational and air traffic control flight plans; sign the dispatch copy of the flight release; furnish the pilot-in-command while in flight, by appropriate means, with information which may be necessary for the safe conduct of the flight; and in the event of an emergency, initiate such procedures as outlined in the operations manual while avoiding taking any action that would conflict with ATC procedures, and convey safety related information to the pilot in command that may be necessary for the (e) 606 Official Gazette nº 21bis of 25/05/2015 safe conduct of the flight, including information related to any amendments to the flight plan that become necessary in the course of the flight. (2) A qualified person performing the operational control duties shall avoid taking any action that would conflict with the procedures established by: (a) (b) (c) (d) air traffic control; the meteorological service; the communications service; or air operator certificate holder. Contents of a flight release 249. The flight release shall contain at least the following information concerning each flight: (a) (b) (c) (d) (e) (f) (g) (h) (i) aerodrome, company or organization name; make, model, and nationality and registration marks of the aircraft being used; flight or trip number, and date of flight; name of each crew member and the pilot-in-command; departure aerodromes and route; minimum fuel supply; a statement of the type of operation, for example IFR, VFR; the latest available weather reports, and forecasts for the destination aerodrome and alternate aerodromes; and any additional available weather information that the pilot-in- command considers necessary. aerodromes, destination alternate Flight release: aircraft requirements 250. Flight release: facilities and NOTAMs 251. (a) A person shall not issue a flight release for a commercial air transport operation: unless the aircraft is airworthy and properly equipped for the intended flight operation; and using an aircraft with inoperative instruments and equipment installed, except as specified in the minimum equipment list approved by the Authority. (b) (1) A person shall not release an aircraft over any route or route segment unless there are adequate communications and navigational facilities in satisfactory operating condition as is necessary to conduct the flight safely. (2) A flight operation officer shall ensure that the pilot-in-command is provided with all available current reports or information on aerodrome conditions and irregularities of navigation facilities that may affect the safety of the flight. For the pilot-in-command’s review of the operational flight plan, he shall be provided with all available NOTAMs with respect to the routing, facilities and aerodromes. (3) Flight release: weather reports and forecasts 252. A person shall not release a flight unless that person: (a) (b) is thoroughly familiar with reported and forecast weather conditions on the route to be flown; and has communicated all information and reservations he may have regarding weather reports and forecasts to the pilot-in-command. 607 Flight release in icing conditions Official Gazette nº 21bis of 25/05/2015 253. A person shall not release an aircraft: (a) (b) when in his opinion or that of the pilot-in-command, the icing conditions that may be expected or are met exceed that for which the aircraft is certified and unless the aircraft has sufficient operational de-icing or anti-icing equipment; or any time conditions are such that frost, ice or snow may reasonably be expected to adhere to the aircraft, unless there is available to the pilot-in-command at the aerodrome of departure adequate facilities and equipment to accomplish the procedures approved for the air operator certificate holder by the Authority for ground de-icing and anti-icing. Flight release under VFR or IFR 254. A person shall not release a flight under VFR or IFR unless the weather reports and forecasts indicate that the flight can reasonably be expected to be completed as specified in the flight release. Flight release: minimum fuel supply 255. A person shall not issue a flight release for a commercial air transport operation unless the fuel supply specified in that flight release is equivalent to or greater than the minimum flight planning requirements of these Regulations, including anticipated contingencies. Flight release: aircraft loading and performance. 256. A person shall not issue a flight release unless that person is familiar with the anticipated loading of the aircraft and is reasonably certain that the proposed operation shall not exceed the: centre of gravity limits; aircraft operating limitations; and (a) (b) (c) minimum performance requirements. Flight release: amendment or re- release en-route 257. (1) A person who amends a flight release while the flight is en route shall record that amendment. (2) A person shall not amend the original flight release to change the destination or alternate aerodrome while the aircraft is en route unless the flight preparation requirements for routing, aerodrome selection and minimum fuel supply are met at the time of amendment or re-release. (3) A person shall not allow a flight to continue to an aerodrome to which it has been released if the weather reports and forecasts indicate changes which would render that aerodrome unsuitable for the original flight release. 258. Flight release: requirement for airborne weather radar equipment A person shall not release a large aircraft carrying passengers under IFR when current weather reports indicate that thunderstorms, or other potentially hazardous weather conditions that can be detected with airborne weather radar, may reasonably be expected along the route to be flown, unless the airborne weather radar equipment is in satisfactory operating condition. ______ FIRST SCHEDULE 608 Official Gazette nº 21bis of 25/05/2015 ______ REGULATION 84 __________ MANDATORY REPORTING Mandatory Reporting - Specified Reportable Inadequacies, Incidents, Accidents and Occurrences, Time and Manner of Reporting and Information to be Reported (1) For the purposes of regulations 83 to 86, but subject to paragraph (2) and the following provisions on reporting of birdstrikes, it is prescribed that a report containing the information referred to in paragraph (3) shall be made to the Authority by post, telex, electronic, facsimile transmission or other similar means which produces a document containing a text of the communication (written in English) within 72 hours of the reportable occurrence coming to the knowledge of the person making the report. (2) If at the expiry of the time allowed by paragraph (1) for making the report any of the information referred to in that paragraph is not in the possession of the person making the report, he shall dispatch the report to the Authority by post, telex, electronic, facsimile transmission or other similar means which produces a document containing a text of the communication (written in English) within 72 hours of its coming into his possession. (3) A report shall be made in the prescribed format, and as far as possible, contain the following information— (a) (b) (c) (d) accident or occurrence, whether or not this has been completed; (e) any other relevant information; (f) the type, series and registration marks of the aircraft concerned; the name of the operator of the aircraft; the date of the reportable inadequacy, incident, accident or occurrence; if the person making the report has instituted an investigation into the reportable inadequacy, incident, in the case of a reportable inadequacy, incident, accident or occurrence which occurs during flight— the Co-ordinated Universal Time of the inadequacy, incident, accident or occurrence; (i) the last point of departure and the next point of intended landing of the aircraft at that time; (ii) the geographical position of the aircraft at that time; (iii) number of crew and passengers on board; (iv) injury to persons or damage to property; (v) (vi) nature of flight. in the case of a defect in or malfunctioning of an aircraft or any part or equipment of an aircraft, the (g) name of the manufacturer of the aircraft, part or equipment, as the case may be, and, where appropriate, the part number and modification standard of the part or equipment and its location on the aircraft; (h) the capacity in which he acts for that employer; and (i) of his place of employment. a description of the reportable inadequacy, incident, accident or occurrence, including its effects and the address or telephone number at which communications should be made to him, if different from that the signature and name in block capitals of the person making the report, the name of his employer and Mandatory reporting of birdstrikes – time and manner of reporting and information to be reported (1) Subject to paragraph (2), a report containing the information referred to in paragraph (3) shall be made to the Authority by post, telex, electronic, facsimile transmission or other similar means which produce a document containing a text of the communication (written in English) within 96 hours of the birdstrike occurrence coming to the knowledge of the person making the report. (2) If at the expiry of the time allowed by paragraph (1) for making the report any of the information referred to in that paragraph is not in the possession of the person making the report, he shall dispatch the report to the Authority by post, telex, electronic, facsimile transmission or other similar means which produce a document containing a text of the communication (written in English) within 96 hours of the information coming into his possession. 609 Official Gazette nº 21bis of 25/05/2015 (3) A report shall, as far as possible, contain the following information— (a) (b) (c) (d) (e) he type, series and registration marks of the aircraft concerned; the name of the operator of the aircraft; the date and the Co-ordinated Universal Time of the birdstrike occurrence; the last point of departure and the next point of intended landing of the aircraft at that time; a description of the birdstrike occurrence, including the part(s) of the aircraft affected, the effect on flight and any other relevant information; the bird species/description; the weather at the time of the occurrence; the runway in use (where relevant); the height and speed of the aircraft; the phase of flight; the position (if en route) of the aircraft at the time of the birdstrike; any other reporting action taken; the signature and name in block capitals of the person making the report; the name of his employer and the capacity in which he acts for that employer; and the address or telephone number at which communications should be made to him. (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) 610 Official Gazette nº 21bis of 25/05/2015 SECOND SCHEDULE REGULATION 21 (5) MAINTENANCE CONTROL MANUAL Each AOC applicant and AOC holder shall submit and maintain a maintenance control manual containing at least the information set forth below. The manual may be put together in any subject order and subjects combined so long as all applicable subjects are covered. 1.0 Administration and Control of the Maintenance Control Manual 1.1 Introduction (a) A statement that the manual complies with all applicable Authority regulations and requirements and with the terms and conditions of the applicable Air Operator Certificate; (b) A statement that the manual contains maintenance and operational instructions that are to be complied with by the relevant personnel in the performance of their duties; (c) A list and brief description of the various Maintenance Control Manual parts, their contents, applicability and use; and (d) Explanations and definitions of terms and words used in the manual. 1.2 System of Amendment and Revision (a) A Maintenance Control Manual shall describe who is responsible for the issuance and insertion of amendments and revisions; (b) A record of amendments and revisions with insertion dates and effective dates is required; (c) A statement that hand-written amendments and revisions are not permitted except in situations requiring immediate amendment or revision in the interest of safety; (d) A description of the system for the annotation of pages and their effective dates; (e) A list of effective pages and their effective dates; (f) Annotation of changes (on text pages and as practicable, on charts and diagrams); (g) A system for recording temporary revisions; (h) A description of the distribution system for the manuals, amendments and revisions; and (i) A statement of who is responsible for notifying the Authority of proposed changes and working with the Authority on changes requiring Authority approval. 2.0 General Organisation 2.1 Corporate commitment by the AOC 2.2 General information: a) Brief description of organization; b) Relationship with other organizations; c) Fleet composition - Type of operation; and d) Line station locations. 2.3 Maintenance management personnel: a) Accountable Manager; b) Nominated Post holder; c) Maintenance co-ordination; d) Duties and responsibilities; e) Organization chart(s); and f) Manpower resources and training policy. 2.4 Notification procedure to the Authority regarding changes to the maintenance arrangements locations, personnel, activities, or approval. 611 Official Gazette nº 21bis of 25/05/2015 3.0 Maintenance Procedures 3.1 Aircraft logbook utilization and MEL application; 3.2 Aircraft maintenance programme - development and amendment; Time and maintenance records, responsibilities, retention; 3.3 3.4 Accomplishment and control of mandatory continued airworthiness information (Airworthiness Directives); 3.5 3.6 3.7 Major modification standards; Analysis of the effectiveness of the maintenance programme; Non-mandatory modification embodiment policy; 3.8 Defect reports; a) Analysis; b) Liaison with manufacturers and Regulatory Authorities; and c) Deferred defect policy; Engineering activity; 3.9 3.10 Reliability programmes; a) Airframe; b) Propulsion; and c) Components; 3.11 Pre-flight inspection; a) Preparation of aircraft for flight; b) Sub-contracted Ground Handling functions; c) Security of Cargo and Baggage loading; d) Control of refuelling, Quantity/Quality; and e) Control of snow, ice, dust and sand contamination to an approved aviation standard. 3.12 Aircraft weighing. 3.13 Flight test procedures. 3.14 3.15 Appropriate portions of the AOC holder's operations manual. Sample of documents, tags and forms used. (a) A description of the procedures required by regulation 20 including, when applicable: (i) a description of the administrative arrangements between the operator and the approved maintenance organization; (ii) a description of the maintenance procedures and the procedures for completing and signing a maintenance release when maintenance is based on a system other than that of an approved maintenance organization. (b) names and duties of the person or persons required by regulation 22(2); (c) (d) a reference to the maintenance programme required by regulation 29(1); a description of the methods used for the completion and retention of the operator’s maintenance records required by regulation 26; a description of the procedures for monitoring, assessing and reporting maintenance and operational experience; a description of the procedures for complying with the service information reporting requirements of regulation 24 of Civil Aviation (Airworthiness) Regulations; a description of procedures for assessing continuing airworthiness information and implementing any resulting actions; a description of the procedures for implementing action resulting from mandatory continuing airworthiness information; a description of establishing and maintaining a system of analysis and continued monitoring of the performance and efficiency of the maintenance programme, in order to correct any deficiency in that programme; (e) (f) (g) (h) (i) 612 Official Gazette nº 21bis of 25/05/2015 a description of aircraft types and models to which the manual applies; (j) (k) a description of procedures for ensuring that unserviceabilities affecting airworthiness are recorded and rectified; and (l) a description of the procedures for advising the State of Registry of significant in-service occurrences. Dr NZAHABWANIAMANA Alexis Minister of State in charge of Transport Seen and sealed with the Seal of the Republic: (sé) BUSINGYE Johnston Minister of Justice/Attorney General 613 Official Gazette nº 21bis of 25/05/2015 ANNEX XI TO THE MINISTERIAL REGULATIONS Nº 02/MOS/TRANS/015 OF 08/04/2015 IMPLEMENTING THE LAW Nº 75/2013 OF 11/09/2013 ESTABLISHING REGULATION GOVERNING CIVIL AVIATION CIVIL AVIATION (AERIAL WORK) REGULATIONS ARRANGEMENT OF REGULATIONS Regulation PART I – PRELIMINARY 1. 2. 3 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26 Citation Application and restriction for foreign registered aircraft PART II - AGRICULTURAL AIR OPERATIONS Certificate required Application for AAOC Amendment of certificate. Certification requirement Duration of agricultural air certificate Illegal trafficking Operating rules General Carrying and display of Certificates Limitations on private agricultural aircraft operator Manner of dispensing. Economic poison dispensing Personnel Fastening of safety belts and harnesses. Operations in controlled airspace designated for an airport Non observance of airport traffic pattern. Operation over areas other than congested areas Operation over congested areas: general. Operation over congested areas: pilots and aircraft Business name: commercial agricultural aircraft operator Access for inspection. Records: commercial agricultural aircraft operator. PART III - ROTORCRAFT EXTERNAL LOAD OPERATIONS Certification rules Application and definition Certification Validity and renewal of a rotorcraft external load operator certificate 614 Official Gazette nº 21bis of 25/05/2015 Application for certificate issuance or renewal Issuance of a rotorcraft external-load operator certificate. Rotorcraft. Personnel. Knowledge and skill. Amendment of certificate. Availability, display, and surrender of certificate Emergency operations. Operating rules Carriage of persons Crew member training, currency, and testing requirements Access for inspection. Airworthiness Requirements Flight characteristics requirements Structures and design. Operating limitations. Rotorcraft-load combination operating manual. Markings and placards. 27. 28. 29. 30. 31. 32. 33 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. PART IV – GLIDER TOWING, PICKING UP AND RAISING OF PERSONS AND ARTICLES 44. 45. 46. 47. 48. 49. 50. 51. 52. Towing of gliders Glider towing: experience and training requirements. Towing, picking up and raising of persons, animals and articles Dropping of articles and animals Dropping of persons PART V – BANNER TOWING Authorization required Aircraft requirements Experience and training requirements. Operating rules. PART VI – TELEVISION, MOVIE OPERATIONS AND AERIAL PHOTOGRAPHY AND SURVEY 53. 54. 55. 56. 57. 58. Authorization required Aircraft requirements Experience and training requirements Special authorization requirements Contents of a flight operations manual Operating rules PART VII: EXHIBITION OF FLYING 59. Exhibition of flying PART VIII: TRAFFIC AND SPORTS REPORTING, FISH SPOTTING AND GAME 615 Official Gazette nº 21bis of 25/05/2015 VIEWING 60. 61. 62. 63. Traffic reporting Game viewing or tracking operation Competitive motor vehicle operations Fish spotting 616 1. 2. Citation Application and restriction for foreign registered aircraft Official Gazette nº 21bis of 25/05/2015 CIVIL AVIATION (AERIAL WORK) REGULATIONS 2015 PART 1- PRELIMINARY These Regulations shall be cited as Civil Aviation (Aerial Work) Regulations 2015. (1) Part II to Part IX to these Regulations shall apply to all persons operating or maintaining the following within Rwanda — (a) (b) (c) (d) agricultural operations and the issue of commercial and private agricultural air operator certificate for those operations; rotorcraft external load operations; glider and banner towing; and aircraft operations and authorizations for game viewing, vehicle traffic and sports, sight-seeing, television and movie, aerial photography and aerial survey operations (2) An aircraft registered in a Contracting State other than Rwanda, or in a foreign country, shall not fly over Rwanda for the purpose of aerial photography or aerial survey (whether or not valuable consideration is given or promised in respect of the flight or the purpose of the flight) or for the purpose of any other form of aerial work except with the permission of the Minister granted to the operator or the charterer of the aircraft and in accordance with any condition to which such permission may be subject. (3) Without prejudice to subregulation (4), any breach by a person to whom a permission has been granted under sub-regulation (2) of any condition to which that permission was subject shall constitute a contravention of this regulation and shall render any permit issued following the permission of the Minister invalid during the continuance of the breach. (4) Subject to the provisions of sub-regulation (6), the Minister may: (a) revoke, suspend or vary any permission to which sub-regulation (2) applies. (b) save as provided by sub-regulation (5), exercise his powers under sub- paragraph (a) only after notifying the holder of the permission of his intention to do so and after due consideration of the case. (5) If, by reason of the urgency of the matter, it appears to the Minister to be necessary for him to do so, he may provisionally suspend or vary a permission to which sub-regulation (2) applies without complying with the requirements of sub-regulation (4)(b); but he shall in any such case comply with those requirements as soon thereafter as is reasonably practicable and shall then, in the light of his due consideration of the case, either— (a) (b) revoke the provisional suspension or variation of the permission; or substitute therefor a definitive revocation, suspension or variation, which, if a definitive suspension, may be for the same or a different period as the provisional suspension (if any) or, if a definitive variation, may be in the same or different terms as the provisional variation (if any). (6) The powers vested in the Minister by sub-regulation (4) or, (5) may be exercised by him whenever, in his judgment and whether or not by reason of anything done or omitted to be done by the holder of the permission or otherwise connected with the holder of the permission, it is necessary or expedient that the holder should not enjoy, or should no longer enjoy, the rights conferred on 617 Official Gazette nº 21bis of 25/05/2015 him by a permission to which sub-regulation (2) applies or should enjoy them subject to such limitations or qualifications as the Minister may determine. (7) The holder of the permission or any person having the possession or custody of any permit which has been revoked, suspended or varied under sub-regulations (3) to (6) shall surrender it to the Minister immediately. PART II - AGRICULTURAL AIR OPERATIONS Certificate required 3. (1) Except as provided in sub-regulations (2) and (3), a person shall not conduct agricultural air operations without, or in violation of, an agricultural air operator certificate issued under these Regulations. (2) An operator that complies with this Part when conducting agricultural air operations using a rotorcraft with external dispensing equipment shall not require a rotorcraft external-load operator certificate issued under Part III of these Regulations, except when dispensing water on forest fires. (3) Operations to dispense water on forest fires by rotorcraft external-load means shall be conducted only under Part III of these Regulations. Application for agricultural air operator certificate Amendment of certificate 4. An applicant for an agricultural air operator certificate shall complete and submit an application form prescribed by the Authority. 5. (1) An agricultural air operator certificate may be amended: (a) on the Authority's own initiative, under applicable laws and regulations; or (2) (3) (4) (b) upon application by the holder of that certificate. A holder of the certificate shall submit an application to amend an agricultural air operator certificate by completing a form prescribed by the Authority. An applicant for an amendment under this regulation shall file the application to amend a certificate at least thirty days before the date that it proposes the amendment shall become effective, unless the Authority approves a shorter filing period. The Authority shall grant a request to amend a certificate if it determines that it is in interest of flight safety or in public interest. Certification requirement 6. (1) (2) (3) Except as provided by sub-regulation (2): (a) (b) the Authority may issue a private agricultural air operator certificate if an applicant meets the requirements of this Part for that certificate; the Authority may issue a commercial agricultural air operator certificate to an applicant if he meets the requirements of this Part for that certificate; An applicant for an agricultural air operator certificate with a prohibition against the dispensing of economic poisons is not required to demonstrate knowledge specific to economic poisons. A private agricultural air operator certificate applicant shall: (a) hold a current Rwanda Private Pilot Licence, Commercial Pilot Licence, or Airline Transport Pilot Licence; be properly rated for the aircraft to be used; not conduct operations for hire or reward. (b) (c) (4) A commercial agricultural air operator certificate applicant shall have available 618 Official Gazette nº 21bis of 25/05/2015 the services of at least one pilot who holds a current Commercial Pilot Licence or Airline Transport Pilot Licence issued by the Authority and who is properly rated for the aircraft to be used (5) The applicant for a private or commercial agricultural air operator certificate shall have one or more certified and airworthy aircraft, equipped for agricultural operation. (6) The applicant for agricultural air operator certificate shall show that he has satisfactory knowledge and skill of the following agricultural aircraft operations: (a) knowledge: (i) steps to be taken before starting operations, including a survey of the area to be worked; (ii) safe handling of economic poisons and the proper disposal of used containers for those poisons; (iii) the general effects of economic poisons and agricultural chemicals on plants, animals, and persons, and the precautions to be observed in using poisons and chemicals; (iv) primary symptoms of poisoning of persons from economic poisons, the appropriate emergency measures to be taken, and the location of poison control centres; (v) performance capabilities and operating limitations of the aircraft to be used; and (vi) safe flight and application procedures. skill in the following manoeuvres, demonstrated at the aircraft's maximum certified take-off mass, or the maximum mass established for the special purpose load, whichever is greater: (i) (ii) (iii) (iv) (v) (vi) short-field and soft-field take-offs (aeroplanes and gyroplanes only); approaches to the working area; flare-outs; swath runs pullups and turnarounds; rapid deceleration (quick stops) in helicopters only. (b) 7. (1) Validity and renewal of agricultural air operator certificate An agricultural air operator certificate shall be valid for twelve months from the date of issue or renewal, unless: (a ) a shorter period is specified by the authority; (b) the Authority amends, suspends, revokes or otherwise terminates the certificate; (c) the agricultural air operator certificate holder surrenders it to the Authority; or (d) the agricultural air operator certificate holder suspends operations for more than one hundred eighty continuous days. (2) (3) The holder of an agricultural air operator certificate that is suspended or revoked shall return it to the Authority. An application for renewal of an agricultural air operator certificate shall be made on a form prescribed by the Authority at least sixty days before the certificate expires. (4) Where the request for renewal is made after the expiry of an agricultural air operator certificate, the applicant shall make an initial application. Illegal trafficking 8. Where the holder of a certificate issued under these Regulations permits any aircraft owned or leased by that holder to be engaged in any operation that the certificate holder knows to be in violation of any laws of Rwanda pertaining to illegal trafficking, the 619 Official Gazette nº 21bis of 25/05/2015 Authority shall suspend or revoke the certificate. Operating rules General 9. (1) (2) (3) Except as provided in sub-regulation (3), this sub-part prescribes rules that apply to persons and aircraft used in agricultural aircraft operations conducted under these Regulations. The holder of an agricultural air operator certificate may deviate from the provisions of the Civil Aviation (Air Operator Certification and Administration) and the Civil Aviation (Rules of the Air and Air Traffic Control) Regulations without obtaining an exemption when conducting aerial work operations related to agriculture, horticulture, or forest preservation in accordance with the operating provisions of this sub-part. A holder of a Commercial Pilot Licence or Airline Transport Pilot Licence engaged by an agricultural air operator certificate need not hold a valid instrument rating whilst conducting aerial work operations related to agriculture, horticulture or forest preservation. Carrying and display of Certificates 10. (1) A person shall not operate an agricultural aircraft unless each of the following documents are carried on that aircraft: (a) (b) (c) a copy of agricultural air operator certificate certified by the Authority; certificate of registration; and certificate of airworthiness. (2) A holder of an agricultural air operator certificate shall display the certificate at the home base of operations, to the public at all times and shall present it for inspection on the request of the Authority or any person authorized by the Authority. Where the documents specified in sub-regulation (1) are not carried in the aircraft, they shall be kept available for inspection at the base from which the dispensing operation is conducted. (3) Limitations on private agricultural aircraft operator Manner of dispensing Economic poison dispensing 11. A holder of a private agricultural air operator certificate shall not conduct an agricultural air operation: (a) for compensation or hire; (b) over a congested area; or (c) over any property unless the person is the owner or lessee of the property, or has ownership or other property interest in the crop located on that property. 12. A person shall not dispense, or cause to be dispensed, any material or substance in a manner that creates a hazard to persons or property on the surface. 13. (1) Except as provided in sub-regulation (2), a person shall not dispense or cause to be dispensed from an aircraft that is registered in Rwanda, any economic poison: (a) (b) (c) for a use other than that for which it is registered; contrary to any safety instructions or use limitations on its label; or in violation of any laws of Rwanda. (2) This regulation does not apply to any person dispensing economic poisons for experimental purposes under: (a) the supervision of a Rwanda agency authorized by law to conduct 620 Official Gazette nº 21bis of 25/05/2015 research in the field of economic poisons; or (b) the Authority. Personnel 14. (1) A holder of an agricultural air operator certificate shall ensure that each person used in the holder's agricultural aircraft operation is informed of that person's duties and responsibilities for the operation. (2) A person shall not supervise an agricultural air operation unless the person has met the knowledge and skill requirements specified in these Regulations. (3) A person shall not act as a pilot-in-command of an aircraft operated under these Regulations unless that pilot: (a) holds a pilot licence and rating as specified in regulation 6 as appropriate to the type of operation conducted; and (b) has demonstrated to the holder of the agricultural air operator certificate conducting the operation, or to a supervisor designated by that certificate holder, that they posses the knowledge and skill requirements of these Regulations. Fastening of safety belts and harnesses 15. A person shall not operate an aircraft under these Regulations without a safety belt and shoulder harness properly secured about that person, except that the shoulder harness need not be fastened if that person would be unable to perform required duties with the shoulder harness fastened. Operations in controlled airspace designated for an airport 16. (1) (2) Non observance of airport traffic pattern 17. (1) (2) Except for flights to and from a dispensing area, a person shall not operate an aircraft within the lateral boundaries of the surface area of a controlled airspace designated for an airport unless authorization for that operation has been obtained from the air traffic control facility having jurisdiction over that area. A person shall not operate an aircraft in weather conditions below VFR minima within the lateral boundaries of a designated controlled airspace area that extends upward from the surface unless authorization for that operation has been obtained from the air traffic control facility having jurisdiction over that area. The pilot-in-command of an aircraft may deviate from an airport traffic pattern when authorized by the control tower concerned. At an airport without a functioning control tower, the pilot-in-command may deviate from the traffic pattern if: (a) prior coordination is made with the airport management concerned; (b) deviations are limited to the agricultural aircraft operation; (c) except in an emergency, landing and takeoffs are not made on ramps, taxiways, or other areas of the airport not intended for such use; and (d) the aircraft at all times remains clear of, and gives way to, aircraft conforming to the traffic pattern for the airport. Operation over areas other than congested areas 18. Notwithstanding the requirements of the Civil Aviation (Rules of the Air and Air Traffic Control) Regulations, the holder of a certificate may conduct dispensing operations, including approaches, departures and turnarounds reasonably necessary for the operation, below 150 m (500 ft) above the surface and closer than 150 m (500 ft) to persons, vessels, vehicles, and structures, if the operations are conducted without creating a hazard to persons or property on the surface. Operation over 19. (1) A person shall operate an aircraft over a congested area at altitudes required for congested 621 Official Gazette nº 21bis of 25/05/2015 areas: general (2) the proper accomplishment of the agricultural aircraft operation if that operation is not conducted: (a) with the maximum safety to persons and property on the surface, consistent with the operation; and in accordance with the requirements of sub-regulation (2). A person shall not operate an aircraft over a congested area unless that person: (b) (a) has obtained prior written approval from the Authority and other relevant authorities having jurisdiction over that area. (b) has issued notice of the intended operation to the public as specified by the Authority. (3) A plan for each complete operation shall be submitted to, and approved by, the Authority which plan shall include consideration of obstructions to flight; the emergency landing capabilities of the aircraft to be used; and any necessary coordination with air traffic control. (4) No person operating single-engined aircraft: (a) except for helicopters, may take off a loaded aircraft, or make a turnaround over a congested area; (b) operate the aircraft over a congested area below the altitudes prescribed in the the Civil Aviation (Rules of the Air and air Traffic Control) Regulations except during the actual dispensing operation, including the approaches and departures necessary for that operation; or. (c) operate the aircraft over a congested area during the actual dispensing operation, including the approaches and departures for that operation, unless it is operated in a pattern and at such an altitude that the aircraft can land, in an emergency, without endangering persons or property on the surface. (5) A person operating a multi-engined aircraft shall not: (a) take-off a multi-engined aircraft over a congested area except under conditions that will allow the aircraft to be brought to a safe stop within the effective length of the runway from any point on take-off up to the time of attaining, with all engines operating at normal take-off power, 105 percent of the minimum control speed with the critical engine inoperative in the take-off configuration or 115 percent of the power-off stall speed in the take-off configuration, whichever is greater, as shown by the accelerate stop distance data: provided that, the take-off data is based upon still-air conditions, and no correction is made for any uphill gradient of one percent or less when the percentage is measured as the difference between elevation at the end points of the runway divided by the total length and for uphill gradients greater than one percent, the effective takeoff length of the runway is reduced 20 percent for each one-percent grade. operate the multi-engined aircraft at a weight greater than the weight that, with the critical engine inoperative, would permit a rate of climb of at least 15 m (50 ft) per minute at an altitude of at least 300 m (1,000 ft) above the elevation of the highest ground or obstruction with the area to be worked on or at an altitude of 1,500 m (5,000 ft), whichever is higher, provided that the propeller of the inoperative engine is in the minimum drag position; that the wing flaps and landing gear are in the most favourable positions; and that the remaining engine or engines are operating at the maximum continuous power available. (b) (c) operate the multi-engined aircraft over a congested area below the 622 Official Gazette nº 21bis of 25/05/2015 altitudes prescribed in the Civil Aviation (Rules of the Air and Air Traffic Control) Regulations, except during the actual dispensing turnarounds operation, necessary for that operation. the approaches, departures and including Operation over congested areas: pilots and aircraft 20. A person shall not operate an aircraft over a congested area unless: (a) the pilot-in-command of the aircraft has at least: (i) (ii) 25 hours of pilot-in-command flight time in the make and basic model of the aircraft, at least 10 hours of which shall have been acquired within the preceding 12 calendar months; and 100 hours of flight experience as pilot-in-command in dispensing agricultural materials or chemicals. (b) the aircraft if it is: (i) (ii) (iii) (iv) an aircraft not specified in this sub-paragraph, has had within the preceding 100 hours of time in service a 100-hour or annual inspection by a person authorized by the Authority under the requirements of the Civil Aviation (Airworthiness) Regulations or have been inspected under a progressive inspection system; a large or turbine-powered multi-engined aircraft of Rwandan registry, has been inspected in accordance with the applicable inspection of Civil Aviation (Airworthiness) Regulations; not a helicopter, the aircraft shall be equipped with a device capable of jettisoning at least one-half of the aircraft’s maximum authorized load of agricultural material within 45 seconds; and equipped with a device for releasing the tank or hopper as a unit, there shall be means to prevent inadvertent release by the pilot or other crew member. requirements programme Business name: commercial agricultural aircraft operator Access for inspection Records: commercial agricultural aircraft operator 21. A person shall not operate under a business name that is not shown on that person’s agricultural air operator certificate. 22. A holder of an agricultural air operator certificate shall allow the Authority at any time and place to make inspections, including on the job inspections, to determine compliance with applicable regulations and the agricultural air operator certificate requirements. 23. (1) A holder of a commercial agricultural air operator certificate shall maintain and keep current, at the home base designated in its application, the following records: (a) the name and address of each person for whom agricultural air operator services were provided; the date of the service; (b) (c) the name and quantity of the material dispensed for each operation conducted; and (d) the name, address, and certificate number of each pilot used in agricultural aircraft operations and the date that pilot met the knowledge and skill requirements of this regulation. (2) The records specified by this regulation shall be kept for at least twenty four 623 Official Gazette nº 21bis of 25/05/2015 months and made available for inspection by the Authority upon request. PART III - ROTORCRAFT EXTERNAL LOAD OPERATIONS Application and definition Certification rules 24. (1) This Part does not apply to:- (a) (b) (c) (d) a rotorcraft manufacturers when developing external-load attaching means; rotorcraft manufacturers demonstrating compliance of equipment utilized under this Part; operations conducted by a person demonstrating compliance for the issuance of a certificate or authorization under this Part; training flights conducted in preparation for the demonstration of compliance with this Part; or (e) a local or national government conducting operations with State aircraft. (2) Classes of “rotorcraft-load combinations” are defined in Civil Aviation (General Provisions) Regulations. Certification 25 (1) A person shall not conduct rotorcraft external-load operations within Rwanda without or, in violation of the terms of, a rotorcraft external-load operator certificate issued by the Authority. (2) A person holding a rotorcraft external-load operator certificate shall not conduct rotorcraft external-load operation under a business name that is not shown on that certificate. 26. Validity and renewal of a rotorcraft external load operator certificate (1) A rotorcraft external-load operator certificate shall be valid for a period of twelve months from the date of issue or renewal unless it is otherwise surrendered, suspended or revoked. (2) The holder of a rotorcraft external-load operator certificate that is suspended or revoked shall return it to the Authority within fourteen days of the suspension or revocation. (3) An application for renewal of a rotorcraft external-load operator certificate shall be made on a form prescribed by the Authority not later than sixty days before the certificate expires. (4) An applicant for a rotorcraft external-load operator certificate which has expired shall make an initial application. Application for certificate issuance or renewal Issuance of a rotorcraft external-load operator certificate Rotorcraft. 27. Application for issuance or renewal of a certificate under these Regulations shall be made on a form prescribed by the Authority. 28 The Authority shall issue a rotorcraft external-load operator certificate to an applicant who complies with the requirements of this Part, with an authorization for the applicant to operate specified rotorcraft with those classes of rotorcraft load combinations for which the applicant qualifies. 29. (1) An applicant for a rotorcraft external-load operator certificate shall have the 624 Official Gazette nº 21bis of 25/05/2015 exclusive use of at least one rotorcraft that: (a) (b) complies with the certification provisions that apply to external load is type certificated and meets the requirements of these Regulations; combinations for which authorization is requested; and has a valid certificate of airworthiness. (c) For the purposes of sub-regulation (1), a person has exclusive use of a rotorcraft if that person has the sole possession, control, and use of it for flight, as owner, or has a written agreement, including arrangements for the performance of required maintenance, giving him that possession, control and use. (2) Personnel 30. (1) An applicant for a rotorcraft external-load operator certificate shall hold, or have available the services of at least one person who holds a current Commercial Pilot Licence or Airline Transport Pilot Licence, with a rating appropriate for the rotorcraft to be used, issued by the Authority. (2) An applicant shall designate one pilot, who may be the applicant, as chief pilot for rotorcraft external-load operations. (3) An applicant shall designate a qualified pilot as deputy chief pilot to perform the functions of the chief pilot when the chief pilot is not readily available. (4) The chief pilot and deputy chief pilot shall be acceptable to the Authority and each shall hold a current Commercial Pilot Licence or Airline Transport Pilot Licence, with a rating appropriate for the rotorcraft to be used. The holder of a rotorcraft external-load operator certificate shall report any change in designation of chief pilot or deputy chief pilot immediately to the Authority. (5) (6) A newly designated chief pilot shall comply with the knowledge and skill requirements of this Part within thirty days, or the operator shall not conduct further operations under the rotorcraft external-load operator certificate, unless otherwise authorized by the Authority. Knowledge and skill 31. (1) (2) (3) (b) (c) Except as provided in sub-regulation (4), the applicant for a certificate or the chief pilot designated in accordance with sub-regulation (2) shall demonstrate to the Authority satisfactory knowledge and skill regarding rotorcraft external-load operations as set out in sub-regulation (2) and (3). The applicant or a chief pilot referred to in sub-regulation (1) shall take a test of knowledge covering the following subjects: (a) steps to be taken before starting operation, including a survey of the flight area; proper method of loading, rigging, or attaching the external load; performance capabilities, under approved operating procedures and limitations, of the rotorcraft to be used; proper instructions of flight crew and ground workers; appropriate rotorcraft-load combination flight manual. (d) (e) A test of skill which requires appropriate manoeuvres for each class requested, and the following appropriate manoeuvres for each load class shall be demonstrated in the rotorcraft referred to in Regulation 30: (a) take-offs and landings; (b) demonstration of directional control while hovering; acceleration from a hover; (c) (d) flight at operational airspeeds; (e) approaches to landing or working area; (f) manoeuvring the external load into the release position; and 625 Official Gazette nº 21bis of 25/05/2015 (4) (g) demonstration of winch operation if it is installed to hoist the external load. Compliance with sub-regulations (2) and (3) need not be shown if the Authority finds, on the basis of the applicant's or his designated chief pilot's previous experience and safety record in rotorcraft external load operations, that his knowledge and skill are adequate. Amendment of certificate 32. (1) Availability, display, and surrender of certificate (2) 33. (1) (2) (3) (4) A holder of a rotorcraft external-load certificate shall apply to the Authority for an amendment of the certificate, to add or delete a rotorcraft-load combination authorization. The holder of a rotorcraft external-load certificate may apply for an amendment to add or delete a rotorcraft authorization by submitting to the Authority a new list of rotorcraft, by national and registration marks, with the classes of rotorcraft-load combinations for which authorization is requested. A holder of a rotorcraft external-load operator certificate shall display and keep that certificate and a list of authorized rotorcraft at the home base of operations and shall make it available for inspection by the Authority upon request. A person conducting a rotorcraft external-load operation shall carry a copy of the rotorcraft external-load operator certificate certified by the Authority in each rotorcraft used in the operation. Where the Authority suspends or revokes a rotorcraft external-load operator certificate, the holder of that certificate shall return it to the Authority within fourteen days of the suspension or revocation days. Where the certificate holder, for any other reason, discontinues operations under his certificate and does not resume operations within six months, the certificate holder shall return the certificate to the Authority. Operating Regulations and Related Requirements Emergency operations 34. (1) In an emergency involving the safety of persons or property, the certificate holder may deviate from the provisions of these Regulations to the extent required to meet that emergency. (2) A person who, in an emergency deviates from the requirements of these Regulations, shall notify the Authority within ten days after the deviation. (3) Upon the request of the Authority, the person who deviated from the requirement of these Regulations shall provide the Authority with a complete report of the aircraft operation involved including a description of the deviation and reasons for it. Operating rules 35. (1) A person shall not conduct a rotorcraft external-load operation without, or contrary the rotorcraft external-load combination operating manual prescribed in Regulation 43. to, (2) A person shall not conduct a rotorcraft external load operation unless – (a) (b) the rotorcraft complies with the provisions of regulation 29; and the rotorcraft load combination is authorized under the rotorcraft external-load operator certificate. (3) Before a person operates a rotorcraft with an external-load configuration that differs substantially from any that person has previously carried with that type of rotorcraft, whether or not the rotorcraft-load combination is of the same class, 626 Official Gazette nº 21bis of 25/05/2015 that person shall conduct, in a manner that shall not endanger persons or property on the surface, such of the following flight operational checks as the Authority determines are appropriate to the rotorcraft-load combination: (a) a determination that the weight of the rotorcraft-load combination and the location of its centre of gravity are within approved limits, that the external load is securely fastened, and that the external load does not interfere with devices provided for its emergency release; (b) make an initial lift-off and verify that controllability is satisfactory; (c) while hovering, verify that directional control is adequate; (d) accelerate into forward flight to verify that no attitude, whether of the rotorcraft or of the external load, is encountered in which the rotorcraft is uncontrollable or which is otherwise hazardous; in forward flight, check for hazardous oscillations of the external load, but if the external load is not visible to the pilot, other crew members or ground personnel shall make this check and signal the pilot; and increase the forward airspeed and determine an operational airspeed at which no hazardous oscillation or hazardous aerodynamic turbulence is encountered. (f) (e) (4) Notwithstanding the provisions of the Civil Aviation (Operation of Aircraft) Regulations, the holder of a rotorcraft external-load operator certificate may conduct rotorcraft external-load operations over congested areas if those operations are conducted without hazard to persons or property on the surface and comply with the following: (a) (b) (c) the operator shall develop a plan for each complete operation and obtain approval for the operation from the Authority; the plan shall include an agreement with the relevant authority in whose jurisdiction the operation shall be conducted, coordination with air traffic control, if necessary, and a detailed chart depicting the flight routes and altitudes; a flight shall be conducted at an altitude and on a route that shall allow a jettisonable external load to be released, and the rotorcraft landed, in an emergency without hazard to persons or property on the surface. (5) Notwithstanding the provisions of the Civil Aviation (Operation of Aircraft) Regulations, and except as provided in Regulation 42(2), the holder of a rotorcraft external-load operator certificate may conduct external load operations, including approaches, departures, and load positioning manoeuvres necessary for the operation, below 150 m (500 ft) above the surface and closer than 150 m (500 ft) to persons, vessels, vehicles, and structures, if the operations are conducted without creating a hazard to persons or property on the surface. (6) A person shall not conduct rotorcraft external-load operations under IFR unless specifically approved by the Authority. (7) A person shall not carry a person as part of the external-load under IFR. Carriage of persons 36. (1) A holder of a rotorcraft external-load certificate shall neither carry nor allow a person to be carried during rotorcraft external load operations unless that person— (a) (b) (c) is a flight crew member; is a flight crew member trainee; performs an essential function in connection with the external load operation; or is necessary to accomplish the work activity directly associated with that (d) 627 Official Gazette nº 21bis of 25/05/2015 operation. (2) The pilot-in-command shall ensure that all persons are briefed before take-off on all procedures to be followed, including normal, abnormal and emergency procedures, and equipment to be used during the external load operation. (3) For the purpose of this Part, a person other than a crew member or a person who is essential and directly connected with the external-load operation shall be carried only in approved Class D rotorcraft-load combinations. 37 (1) Crew member training, currency, and testing requirements A holder of a rotorcraft external-load certificate shall not use, nor shall any person serve, as a pilot in helicopter external-load operations unless that person: (a) has successfully demonstrated to the Authority the knowledge and skill with respect to the rotorcraft-load combination in accordance with Regulation 32; and (b) has in their personal possession, a certificate of competency issued by the operator or an appropriate logbook entry indicating compliance with sub-paragraph (a). (2) A rotorcraft external-load operator certificate holder shall not use, nor shall any person serve as, a crew member or other operations personnel in Class D operations unless, within the preceding twelve months, that person has successfully completed either an approved initial or a recurrent training programme. Notwithstanding the provision of sub-regulation (2), a person who has performed a rotorcraft external-load operations of the same class and in an aircraft of the same type within the past twelve calendar months need not undergo recurrent training (3) Access for inspection 38. A person conducting an operation in accordance with the provisions of this Part shall give the Authority’s aviation safety inspectors free and uninterrupted access to that person’s aircraft and allied facilities with regard to the external load operations in order to conduct any inspections or tests that the Authority considers necessary to determine compliance with these Regulations and the rotorcraft external-load operator certificate. Airworthiness Requirements. Flight characteristics requirements 39. (1) An applicant for a certificate under this part shall demonstrate to the Authority, by performing the following operational flight checks, that the rotorcraft-load combination has satisfactory flight characteristics, unless these operational flight checks have been demonstrated previously and the rotorcraft-load combination flight characteristics were satisfactory: (a) for Class A rotorcraft-load combinations, the operational flight check shall consist of at least the following manoeuvres: (i) (ii) (iii) (iv) take-off and landing; demonstration of adequate directional control while hovering; acceleration from a hover; and horizontal flight at airspeeds up to the maximum airspeed for which authorization is requested. (b) for Class B and D rotorcraft-load combinations, the operational flight check shall consist of at least the following manoeuvres:- (i) (ii) pickup of the external load; demonstration of adequate directional control while hovering; 628 Official Gazette nº 21bis of 25/05/2015 (iii) (iv) acceleration from a hover; horizontal flight at airspeeds up to the maximum airspeed for which authorization is requested; (v) demonstrating appropriate lifting device operation; and (vi) manoeuvring of the external load into release position and its release, under probable flight operation conditions, by means of each of the quick-release controls installed on the rotorcraft. (c) for Class C rotorcraft-load combinations used in wire-stringing, cable- laying, or similar operations, the operational flight check shall consist of the manoeuvres, as applicable, prescribed in sub-paragraph (b) For the purposes of this demonstration, the external-load weight, including the external-load attaching means, is the maximum weight for which authorization is requested. (2) Structures and design 40. (1) (2) (3) An external-load attaching means and a quick release device means of a rotorcraft shall be approved by the Authority. The total weight of the rotorcraft-load combination shall not exceed the total weight approved for the rotorcraft during its type certification. The location of the centre of gravity must, for all loading conditions, be within the range established for the rotorcraft during its type certification. (4) For Class C rotorcraft-load combinations, the magnitude and direction of the loading force shall be established at those values for which the effective location of the centre of gravity remains within its established range. Operating limitations 41. (1) (2) (3) In addition to the operating limitations set out in the approved Rotorcraft Load Combination Operating Manual and to any other limitations that the Authority may prescribe, the operator shall establish at least the following limitations and specify them in the Rotorcraft-Load Combination Operating Manual in which case the limitations for rotorcraft-load combination operations shall: (a) be operated only within the weight and centre of gravity limitations established in accordance with this Part; not be operated with an external load weight exceeding that used in showing compliance with this Part; and not be operated at airspeeds greater than those established in accordance with these Regulations. (b) (c) A person shall not conduct an external-load operation under these Regulations with a rotorcraft type certified in the restricted category over a densely populated area, in a congested airway, or near a busy airport where commercial air transport operations are conducted. The rotorcraft-load combination of Class D may be conducted only in accordance with the following conditions: (a) the rotorcraft to be used shall have been type-certificated under transport Category and provide hover capability with one engine inoperative at that operating weight and altitude; the rotorcraft shall be equipped to allow direct radio intercommunication among required crew members; the personnel lifting device shall be approved by the Authority; and the lifting device shall have an emergency release requiring two distinct actions. (b) (c) (d) Rotorcraft- load 42. (1) An applicant for a rotorcraft external-load operator certificate shall prepare a 629 combination operating manual (2) Official Gazette nº 21bis of 25/05/2015 (b) (c) rotorcraft-load combination operating manual and submit it to the Authority for approval. The manual referred to in sub-regulation (1) shall specify: (a) the information section of operating limitations, normal and emergency procedures, performance, and other information established under this Part; the class of rotorcraft-load combinations for which the airworthiness of the rotorcraft has been demonstrated in accordance with this Part; and in Operating Manual: (i) information on any peculiarities discovered when operating particular rotorcraft-load combinations; precautionary advice regarding static electricity discharges for Class B, Class C and Class D rotorcraft-load combinations; and (iii) any other information essential for safe operation with external the Rotorcraft-Load Combination (ii) Markings and placards 43. loads. (3) The limiting height speed envelope data need not be listed in the Rotorcraft-load combination flight manual. (1) The markings and placards shall be displayed conspicuously on a rotorcraft and shall be such that they cannot be easily erased, disfigured or obscured. (2) The placard displayed in the cockpit or cabin shall state the class of rotorcraft- load combination and the occupancy limitation for which the rotorcraft has been approved; and (3) The placard, marking, or instruction displayed next to the external-load attaching means shall state the maximum external load approved. PART IV – GLIDER TOWING, PICKING UP AND RAISING OF PERSONS AND ARTICLES Towing of gliders 44. (1) (2) A person operating an aircraft in flight shall not tow a glider unless the certificate of airworthiness is valid and includes an express provision that it shall be used for towing a glider of that particular type. A person operating an aircraft shall not tow a glider unless the pilot-in-command of the towing aircraft is qualified under this Part. (3) A person shall not operate an aircraft that is towing a glider unless the aircraft is equipped with a tow hook and release control system that meets the applicable standards of airworthiness. (4) The length of the combination of towing aircraft, towrope and glider in flight (5) shall not exceed 150 metres. The pilot-in-command of an aircraft which is about to tow a glider shall satisfy himself, before the towing aircraft takes off that: (a) the towline is in good condition and meets the requirements specified in this regulation; the combination of the towing aircraft and glider is capable of safely taking off, reaching and maintaining a safe height thereafter, and making a safe landing at the place of intended destination; signals have been agreed and communication established with persons suitably stationed so as to enable the glider to take off safely; and emergency signals have been agreed between the pilot-in-command of (b) (c) (d) 630 Official Gazette nº 21bis of 25/05/2015 the towing aircraft and the pilot-in-command of the glider to be used, respectively, by the pilot-in-command of the towing aircraft to indicate that the tow should immediately be released by the glider, and by the pilot-in-command of the glider to indicate that the tow cannot be released. (6) The glider shall be attached to the towing aircraft by means of the tow rope before the aircraft takes off.. (7) A person operating an aircraft in flight shall not tow a glider except in accordance with such conditions and requirements as the Authority may have notified. (8) The pilot-in-command shall satisfy himself that: (a) (b) the towing aircraft is equipped with a tow hitch of a kind, and installed in a manner that is approved by the Authority; the towline used has breaking strength not less than 80 percent of the maximum certificated operating weight of the glider and not more than twice this operating weight, however, the towline used shall have a breaking strength more than twice the maximum certificated operating weight of the glider if- (i) a safety link is installed at the point of attachment of the towline to the glider with a breaking strength not less than 80 percent of the maximum certificated operating weight of the glider and not greater than twice this operating weight; a safety link is installed at the point of attachment of the towline to the towing aircraft with a breaking strength greater, but not more than 25 percent greater than that of the safety link at the towed glider end of the towline and not greater than twice the maximum certificated operating weight of the glider; (ii) (c) (d) (e) before conducting any towing operation within the lateral boundaries of the surface areas of different classes of airspace designated for an airport, or before making each towing flight within such controlled airspace if required by air traffic control, the pilot-in-command notifies the control tower; if a control tower does not exist, the pilot-in-command shall notify the Authority before conducting any towing operations; and the pilots of the towing aircraft and the glider have agreed upon a general course of action, including take-off and release signals, airspeeds, and emergency procedures for each pilot. (9) A pilot of an aircraft shall not intentionally release a towline, after release of a glider, in a manner that endangers the life or property of other persons. (1) A person shall not act as pilot-in-command for towing a glider unless that person: (a) holds at least a Private Pilot Licence with a category rating for powered aircraft and has logged at least 100 hours of pilot-in-command time in the same aircraft category, class, and type the pilot is using to tow a glider; has a logbook endorsement from an authorized instructor who certifies that the person received ground and flight training in towing gliders and is proficient in- (i) the techniques and procedures essential to the safe towing of gliders, including airspeed limitations; (b) (ii) emergency procedures; 631 45. Glider towing: experience and training requirements Official Gazette nº 21bis of 25/05/2015 (iii) signals used; and (iv) maximum angles of bank; (c) has logged at least three flights as the sole manipulator of the controls of an aircraft towing a glider or simulating glider-towing flight procedures while accompanied by a pilot who meets the requirements of this regulation; (d) has received a logbook endorsement from the pilot, described in sub- paragraph (c), certifying that the person has accomplished at least three flights in an aircraft while towing a glider, or while simulating glider- towing flight procedures; and (e) within the preceding twelve months has- (i) (ii) made at least three actual or simulated glider tows while accompanied by a qualified pilot who meets the requirements of this Part; or made at least three flights as pilot-in-command of a glider towed by an aircraft. (2) The pilot, described in sub-regulation (1)(d), who endorses the logbook of a person seeking glider-towing privileges shall have: (a) met the requirements of this regulation prior to endorsing the logbook of the person seeking glider-towing privileges; and logged at least 10 flights as pilot-in-command of an aircraft while towing a glider. (b) (3) If the pilot described in sub-regulation (1)(d) holds only a Private Pilot Licence, then that pilot shall have: (a) logged at least 100 hours of pilot-in-command time in aeroplanes, or 200 hours of pilot-in-command time in a combination of powered and other than powered aircraft; and (b) performed and logged at least three flights within the twelve calendar months preceding the month that pilot accompanies or endorses the logbook of a person seeking glider-towing privileges: (i) in an aircraft while towing a glider accompanied by another pilot who meets the requirements of this section; or as pilot-in-command of a glider being towed by an aircraft (ii) Towing, picking up and raising of persons, animals and articles 46. (1) A person operating an aircraft in flight shall not, by means external to the aircraft, tow any article other than a glider or banner, tow or pick up, or raise any person, animal or article, unless the certificate of airworthiness is valid and includes an express provision that it shall be used for that purpose. (2) An aircraft shall not launch or pick up towlines, banners of similar articles other (3) than at an aerodrome. A person shall not operate an aircraft in flight to tow any article, other than a glider, at night or when flight visibility is less than one mile. (4) The length of the combination of towing aircraft, towline and article in a tow shall not exceed 150 metres. (5) A person flying a helicopter shall not fly at any height over a congested area of a city, town or settlement at any time when an article, person or animal is suspended from the helicopter. (6) Nothing in this regulation shall: (a) prohibit the towing in a reasonable manner by an aircraft in flight of any radio aerial, or any instrument which is being used for experimental purposes; 632 Official Gazette nº 21bis of 25/05/2015 (b) (c) (d) prohibit the picking up or raising of any person, animal or article in an emergency or for the purpose of saving life; apply to any aircraft while it is flying in accordance with the provisions of the Civil Aviation (Airworthiness) Regulations; be taken to permit the towing or picking up of a glider otherwise than in accordance with this Part. the special flight permit issued under Dropping of articles and animals 47. (1) (2) A person shall not drop or permit to be dropped an article or animal, whether or not attached to a parachute, from an aircraft in flight so as to endanger persons or property. Sub-regulation (1) shall not apply to the dropping of an article by, or with the authority of the pilot-in-command of the aircraft in any of the following circumstances, provided that the pilot seeks to avoid endangering persons or property: (a) (b) the dropping for the purpose of saving life; the jettisoning, in case of emergency, of fuel or other articles in the aircraft; the dropping of ballast in the form of fine sand or water; the dropping of articles solely for the purpose of navigating the aircraft in accordance with ordinary practice or with the provisions of these Regulations; the dropping at an aerodrome, in accordance with prescribed regulations of towropes, banners, or similar article towed by aircraft; the dropping of articles for the purpose of agriculture, horticulture forestry or public health or as a measure against weather conditions, surface icing or oil pollution, or for training for the dropping of articles for any such purposes, if the articles are dropped with the permission of the Authority and in accordance with any condition subject to which that permission may have been given; and (c) (d) (e) (f) Dropping of persons 48. (g) the dropping of wind drift indicators for the purpose of enabling parachute descents to be made if the wind indicators are dropped with the permission of the Authority and in accordance with any conditions subject to which that permission may have been given. (3) For the purposes of this regulation “dropping” include projecting and lowering. (4) Nothing in this regulation shall prohibit the lowering of any animal or article from a helicopter to the surface, if the certificate of airworthiness is valid and includes an express provision that it may be used for that purpose. (1) A person shall not drop, be dropped or permitted to drop to the surface or jump from an aircraft flying over Rwanda except under and in accordance with the terms of a written authorization granted by the Authority under the Civil Aviation (Personnel Licensing) Regulations and the Civil Aviation (Parachute) Regulations; the terms of the written authorization shall specify its duration. (2) Notwithstanding the grant of an authorization under sub-regulation (1), a person shall not drop, be dropped or be permitted to drop from an aircraft in flight so as to endanger persons or property. (3) A person shall not use an aircraft for the purpose of dropping persons unless the aircraft has a certificate of airworthiness and an authorization granted for that purpose. Nothing in this regulation shall: (4) 633 Official Gazette nº 21bis of 25/05/2015 (a) (b) (c) apply to the descent of persons by parachute from an aircraft in an emergency; prohibit the lowering of any person in an emergency or for the purpose of saving life; or prohibit the lowering of any person from a helicopter to the surface if the certificate of airworthiness is valid and includes an express provision that it may be used for that purpose. PART V – BANNER TOWING Authorization required 49. (1) Except as provided in sub-regulation (2), a person shall not conduct banner towing operations with an aircraft except in accordance with the terms of an authorization issued by the Authority. (2) A helicopter operating under the provisions of external load operations may tow a banner using an external load attaching means without an authorization only if the operator has a Class B authorization on the operating certificate. Aircraft requirements 50. (1) A person shall not operate an aircraft that is towing a banner unless the aircraft is equipped with a tow hook and release control system that meet the applicable standards of airworthiness. (2) A person shall not operate a helicopter that is towing a banner unless the helicopter has a means to prevent the banner from becoming entangled in the helicopter's tail rotor during all phases of flight, including auto-rotations. Experience and training requirements 51. (1) For non-revenue flights, the pilot of the tow aircraft shall hold at least a valid Private Pilot Licence and have a minimum of 200 hours of pilot-in-command time. (2) When banner tow operations are conducted for compensation or hire, the pilot shall have at least a valid Commercial Pilot Licence. (3) All pilots engaged in banner towing operations shall demonstrate competence to the Authority by performing at least one pickup and drop of the maximum number of letters (panels) to be used by the certificate holder. (4) The demonstration referred to in sub-regulation (3) shall be observed from the ground to allow the inspector to evaluate the competence of any essential ground personnel as well as the flight operation. Operating rules 52. (1) All banner tow operations shall be conducted only: (2) in VFR weather conditions; and between the hours of official sunrise and sunset. (a) (b) A person shall not conduct banner towing operations: (a) over congested areas or open air assemblies of persons at whichever of the following heights is higher: (i) at a height below 300 m (1,000 ft) above the highest fixed object within 600 m of the aircraft; below such a height as would enable the aircraft to alight clear of the area and without danger to persons or property on the surface, in the event of failure of a power unit. (ii) (b) elsewhere not below such height as would enable the aircraft to alight clear of the assembly in the event of the failure of a power unit. 634 Official Gazette nº 21bis of 25/05/2015 (3) A holder of an authorization carrying out banner tow operation shall be required to obtain a written approval of the airport management to conduct such operations. If banner towing operations take place at an airport with air traffic control, the authorization holder shall inform the air traffic control of the time of the operations and obtain clearance. (4) (5) The holder of an authorization shall notify the appropriate airport officials in advance when banner tow operations shall be in close proximity to an unmanned airport. (6) Only essential crew members shall be carried when conducting banner tow operations. (8) (7) When banner tow operations are conducted around congested areas, the pilot shall exercise due care so that, in the event of emergency release of the banner or towrope, it shall not cause undue hazard to persons or property on the surface. A pilot conducting banner operation shall drop the towrope in a pre-designated area at least 150 m (500 ft) from persons, buildings, parked automobiles, and aircraft. If a tow aeroplane lands with the rope attached, due care shall be exercised to avoid trailing the rope and endangering other aircraft in the air, or persons, property or aircraft on the surface. (9) (10) A pilot conducting banner-towing operations shall carry on board the aircraft a current copy of the authorization allowing banner towing operations. (11) A pilot conducting banner towing operations shall ensure coordination of banner times with other aviation operations at all times; such coordination shall include: (a) communications air to air; (i) air to ground; and (ii) (iii) coordination with air traffic control. traffic flow; identification and depiction of traffic patterns for the pilots concerned; and airworthiness towing operations shall prior to the event undergo an airworthiness safety inspection. inspections; all aircraft conducting banner (b) (c) PART VI – TELEVISION, MOVIE OPERATIONS, AERIAL PHOTOGRAPHY AND AERIAL SURVEY Authorization required 53. (1) (2) (3) A person shall not conduct operations involving movie filming, appearance in flight in movies, airborne direction or production of such filming, aerial photography or aerial survey when those operations are conducted as part of a business enterprise or for compensation or hire unless that person satisfies the requirements of these Regulations. A person who wishes to carry out operations referred to under sub-regulation (1) shall be required to apply to the Authority for authorization at least 30 days before the date of the intended operation. For purposes of this regulation, “movie” includes film, videos, and live broadcast in any format, and the preparation and rehearsal for those operations. Aircraft requirements 54. A person shall not use an aircraft in motion picture, television filming, aerial 635 Official Gazette nº 21bis of 25/05/2015 photography or aerial survey operations, unless that aircraft has an airworthiness certificate in the aerial work category or a special certificate of airworthiness issued for the purpose of exhibition. Experience and training requirements 55. (1) A pilot shall not conduct television movie, aerial photography or aerial survey operations unless the pilot has: (a) (b) (c) a commercial pilot's licence with type ratings for the aircraft to be used; at least 500 hours as pilot-in-command; a minimum of 100 hours in the category and class of the aircraft to be used; and (d) a minimum of 5 hours in the make and model of the aircraft to be used. (2) If a pilot for television, movie, aerial photography or aerial survey operations intends to perform acrobatic flights below 455 m (1,500 ft) above ground level, he shall furnish the Authority with proof of competence to perform the acrobatic manoeuvres in the aircraft to be used. Special authorization requirements 56 (1) (2) (3) in acrobatic flight below 455 m (1,500 ft) above ground level; over a congested area; or in controlled airspace. A person who wishes to conduct operations specified under regulation 54 shall apply for a special authorization if filming sequences require an aircraft to be flown: (a) (b) (c) The holder of the special authorization issued under this regulation shall provide a schedule of events that lists the: (a) (b) Any manoeuvres added or time changes to the schedule of events shall be approved by the Authority. identification of the aircraft; and performers in the sequence of their appearance. (4) The special authorization holder shall develop and adhere to a motion picture, television, aerial photography or aerial survey flight operations Manual which shall be approved by the Authority. 636 Official Gazette nº 21bis of 25/05/2015 Contents of a flight operations manual 57. A motion picture, television or aerial photography and survey flight operations manual shall contain at least the following: (a) (b) business name, address, and telephone number of applicant; list of pilots to be used during the filming, aerial photography and survey including their pilot licence numbers, type of licence and date of Medical Certificate; (c) list of aircraft by make and model; (d) (e) procedures for revising the manual to ensure that all manuals are kept current; procedures to ensure that no persons, except those persons consenting to be involved and necessary for the filming or aerial photography and survey are allowed within 150 m (500 ft) of the filming production area; the area that will be used during the term of the authorization; procedures for the submission, within three days of scheduled filming or aerial photography and survey, a written plan of activities to the Authority containing at least the following: (i) dates and times for all flights; (ii) name and phone number of person responsible for the filming or aerial photography and survey; (iii) make and model of aircraft to be used and type of airworthiness certificate; (iv) name of pilots involved in the filming or aerial photography and survey; (v) a statement that permission has been obtained from property owners or local officials to conduct the filming or aerial photography and survey; (vi) a general outline, or summary, of the production schedule, to include maps or diagrams of the specific filming or aerial photography and survey location; requirements and procedures that the special authorization applicant will use to obtain permission from property owners or local officials like police and fire departments as appropriate for the conduct of all filming or aerial photography and survey; method of security that will be used to exclude all persons not directly involved with the operation from the location; procedures to brief personnel of the risks involved, emergency procedures, and safeguards to be followed during the filming or aerial photography and survey; procedures to ensure that required inspections will be conducted; procedures to provide communications capability with all participants during the actual operation and filming or aerial photography and survey; and (f) (g) (h) (i) (j) (k) (l) Operating rules 58 (m) procedures for notification and reporting of incidents and accidents. (2) (1) An operator shall not conduct motion picture, television flight or aerial photography operations so as to endanger persons or property on the surface or aircraft in flight. Minimum cloud clearance requirements and minimum altitude requirements of the Civil Aviation (Rules of the Air and Air Traffic Control) Regulations do not apply to operations where different requirements and minimums are specifically authorized by the Authority under these Regulations. PART VII - EXHIBITION OF FLYING Exhibition of Flying 59 (1) A person shall not conduct an exhibition of flying unless that person has obtained 637 Official Gazette nº 21bis of 25/05/2015 (2) authorization from the Authority. A pilot shall not participate in an exhibition of flying unless that pilot: (a) holds a valid Privte Pilot Licence, Commercial Pilot Licence or Airline Transport Pilot Licence; is rated on the type of aircraft to be used; and can comply with any relevant conditions specified in the authorization (b) (c) (3) A person shall not use an aircraft in exhibition of flying, unless that aircraft has a (4) (5) valid Certificate of Airworthiness. A person shall not be issued with the authorization referred to in sub regulation (1) unless that person proves to the Authority the ability to safely conduct the exhibition of flying. The authorization referred to in sub regulation (1) may be issued subject to such conditions, as the Authority thinks fit and shall, remain in force for the period specified in the authorization. (6) A person authorized under this regulation shall not conduct exhibition of flying so as to endanger persons or property on the surface or aircraft in flight. PART VIII: TRAFFIC AND SPORTS REPORTING, FISH SPOTTING AND GAME VIEWING Traffic reporting 60. (1) A person shall not conduct any aircraft operations involving the observation of, and reporting on, vehicular traffic conditions on the highways and streets unless that person: (a) (b) (c) holds at least a valid Private Pilot Licence: uses an aircraft with a standard certificate of airworthiness; and holds an authorization issued by the Authority. (2) A person authorized under this regulation shall not conduct operations so as to endanger persons or property on the surface or aircraft in flight. Game viewing or tracking operation 61. (1) A person shall not conduct aircraft operations involving the observation of, and reporting on, and participating in game viewing or tracking operations unless that person: (a) (b) holds at least a valid Private Pilot Licence; uses aircraft with a certificate of airworthiness or restricted certificate of airworthiness. holds an authorization issued by the Authority. (c) Competitive motor vehicle operations 62. (2) A person authorized under this regulation shall not conduct operations so as to endanger persons, animals or property on the surface or aircraft in flight. (1) A person shall not conduct aircraft operations involving the observation of, and reporting on, and participating in motor vehicle testing and competitive operations unless that person: (a) holds at least a valid Private Pilot Licence; (b) uses an aircraft with a standard certificate of airworthiness; and (c) holds authorization issued by the Authority. (2) A person authorized under this regulation shall not conduct operations so as to endanger persons or property on the surface or aircraft in flight. Fish spotting 63. (1) A person shall not conduct aircraft operations involving location, tracking, and reporting on the location of fish and fish schools, as part of a business enterprise or for compensation or hire unless that person obtains authorization issued by the Authority. 638 Official Gazette nº 21bis of 25/05/2015 (2) A person authorized under this regulation shall not conduct operations so as to endanger persons or property on the surface or aircraft in flight. (3) The minimum cloud clearance requirements and minimum altitude requirements of the Civil Aviation (Rules of the Air and Air Traffic Control) Regulations do not apply to operations specifically authorized by the Authority under this regulation with different minimas. Dr NZAHABWANIAMANA Alexis Minister of State in charge of Transport Seen and sealed with the Seal of the Republic: (sé) BUSINGYE Johnston Minister of Justice/Attorney General 639 Official Gazette nº 21bis of 25/05/2015 ANNEX XII TO THE MINISTERIAL REGULATIONS Nº 02/MOS/TRANS/015 OF 08/04/2015 IMPLEMENTING THE LAW Nº 75/2013 OF 11/09/2013 ESTABLISHING REGULATION GOVERNING CIVIL AVIATION CIVIL AVIATION (APPROVED TRAINING ORGANIZATION) REGULATIONS 2015 ARRANGEMENT OF REGULATIONS Regulation PART I - PRELIMINARY 1. Citation and definitions PART II - CERTIFICATION AND LOCATION REQUIREMENTS 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Requirements for an approval certificate Evaluation and checking Application for issuance or amendment of an approval certificate Validity of the certificate Inspection Renewal of the certificate. Suspension or revocation of an approval certificate Certificate holder responsibilities Quality assurance and quality system Location of Principal Business Office Satellite approved training organizations Changes requiring notice to the Authority Training and Procedures Manual Safety management system (SMS) PART III-TRAINING FOR FLIGHT CREW LICENCES AND RATINGS 16. 17. 18. 19. 20. 21. 22. Flight crew training courses Personnel Training programme and approval Training aircraft Flight simulation training devices Aerodrome and sites Training facilities PART IV-TRAINING FOR LICENCES AND RATINGS FOR LICENCED MAINTENANCE ENGINEERS, AIR TRAFFIC CONTROLLERS AND FLIGHT OPERATION OFFICERS 23. 24. 25. 26. Training courses for Licences and ratings for aircraft maintenance engineers, air traffic controllers and flight operation officers Personnel Training Programme and approval Training facilities, equipment and material for licenced maintenance engineer courses 640 Official Gazette nº 21bis of 25/05/2015 27. 28. 29. Training facilities, equipment and material for air traffic controllers or flight radio telephone operator Training facilities, equipment and material for flight operations officers or cabin crew members Advertising limitations THE CIVIL AVIATION (APPROVED TRAINING ORGANIZATIONS) REGULATIONS, 2015 PART 1-PRELIMINARY Citation definitions and 1. . (1) These Regulations may be cited as Civil Aviation (Approved Training Organizations) Regulations 2015. (2) When the following terms are used in these regulations, they have the following meanings Accountable manager. The person acceptable to the Authority who has corporate power for ensuring that all operations and maintenance activities can be financed and carried out to the standard required by the Authority, and any additional requirements defined by the operator. Approval for return to service. See maintenance release. Approved data. Technical information approved by the Authority. Approved Maintenance Organisation (AMO). An organisation approved to perform specific aircraft maintenance activities by the Authority. These activities may include the inspection, overhaul, maintenance, repair and/or modification and release to service of aircraft or aeronautical products. Article. Any item, including but not limited to, an aircraft, airframe, aircraft engine, propeller, appliance, accessory, assembly, subassembly, system, subsystem, component, unit, product, or part. Calibration. A set of operations, performed in accordance with a definite documented procedure that compares the measurement performed by a measurement device or working standard with a recognised Bureau of Standards for the purpose of detecting and reporting or eliminating adjustment errors in the measurement device, working standard, or aeronautical product tested. Composite. Structural materials made of substances, including, but not limited to, wood, metal, ceramic, plastic, fiber-reinforced materials, graphite, boron, or epoxy, with built-in strengthening agents that may be in the form of filaments, foils, powders, or flakes, of a different material. Computer system. Any electronic or automated system capable of receiving, storing, and processing external data, and transmitting and presenting such data in a usable form for the accomplishment of a specific function. 641 Official Gazette nº 21bis of 25/05/2015 Directly in charge. Means an appropriately licensed person having the responsibility for the work of an approved maintenance organisation that performs maintenance, preventive maintenance, alterations, or other functions affecting aircraft airworthiness. A person directly in charge does not need to physically observe and direct each worker constantly but must be available for consultation on matters requiring instruction or decision from higher level. Facility. A physical plant, including land, buildings, and equipment, which provide the means for the performance of maintenance, preventive maintenance, or modifications of any article. Housing. Buildings, hangers, and other structures to accommodate the necessary equipment and materials of a maintenance organisation that— (i) Provide working space for the performance of maintenance, preventive maintenance, or modifications for which the maintenance organisation is approved and rated; and (ii) Provide structures for the proper protection of aircraft, airframes, aircraft engines, propellers, appliances, components, parts, and subassemblies thereof during disassembly, cleaning, inspection, repair, modification, assembly, and testing; and (iii) Provide for the proper storage, segregation, and protection of materials, parts, and supplies. Line maintenance. Any unscheduled maintenance resulting from unforeseen events, or scheduled checks that contain servicing and/or inspections that do not require specialised training, equipment, or facilities. Maintenance release. A document which contains a certification confirming that the maintenance work to which it relates has been completed in a satisfactory manner, either in accordance with the approved data and the procedures described in the maintenance organisation’s procedures manual or under an equivalent system. Primary Standard. A standard defined and maintained by a Rwanda Bureau of standards and used to calibrate secondary standards. Reference Standard. A standard that is used to maintain working standards. Secondary Standards. A standard maintained by comparison with a primary standard. Specialised maintenance. Any maintenance not normally performed by an AMO (e.g., tire retreading, plating, etc.). Standard. An object, artifact, tool, test equipment, system, or experiment that stores, embodies, or otherwise provides a physical quantity, which serves as the basis for measurement of the quantity. It also includes a document describing the operations and process that must be performed in order for a particular end to be achieved. 642 Requirements for an approved training organization Certificate Official Gazette nº 21bis of 25/05/2015 Traceability. A characteristic of a calibration, analogous to a pedigree. A traceable calibration is achieved when each Measurement Device and Working Standard, in a hierarchy stretching back to the National Standard, was itself properly calibrated, and the results properly documented. The documentation provides the information needed to show that all calibrations in the chain of calibrations were properly performed. Transfer Standard. Any standard that is used to compare a measurement process, system, or device at one location or level with another measurement process, system or device at another location or level. PART II - CERTIFICATION AND LOCATION REQUIREMENTS 2. (1) A person, other than: (a) an air operator certificate or approved maintenance organization certificate holder conducting training of its own personnel under the Civil Aviation (Air Operator Certification and Administration) Regulations and the Civil Aviation (Approved Maintenance Organization) Regulations respectively; and an operator with a approved training programme in its Operations Manual under Civil Aviation (Operation of Aircraft) Regulations; (b) shall not hold out as or operate a training organization without, or in violation of, a approval certificate and training specifications issued under these Regulations. (2) Approved training shall provide a level of competency at least equal to that provided by the minimum experience requirements for personnel not receiving such approved training. (3) The approval of a training organization by the Authority shall be dependent upon the applicant demonstrating compliance with the requirements of these regulations and the relevant provisions contained in Civil Aviation (Safety Management) Regulations. (4) The Authority will issue to a training organization that meets the requirements of these Regulations an approved training organization certificate and training specifications for providing courses for flight crew licences and ratings and for courses for personnel other than flight crew members, as approved by the Authority (4) A person shall not conduct training, testing or checking in flight simulation training devices without, or in violation of, the certificate and training specifications required under these Regulations. (5) A holder of an approval - certificate shall, at all times, display that certificate in a place in the school that is normally accessible to the public and that is not obscured. Evaluation and checking 3. Where the Authority has approved a training organization to conduct the testing required for the issue of a licence or rating, the testing shall be conducted by personnel authorized by the Authority or designated by the training organization in accordance with criteria approved by the Authority. 643 Official Gazette nº 21bis of 25/05/2015 4. Application for issuance or amendment of an approval certificate (1) An applicant for an approval certificate and training specifications, or for an amendment to a certificate and training specifications, shall apply at least ninety days before the beginning of any proposed training which was not approved before. (2) An applicant for an approval certificate shall submit an application on a form and manner prescribed by the Authority. (3) An application shall contain the following information: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) a statement showing that the minimum qualification requirements for each management position are met; a description of the minimum qualifications and ratings for each instructor; a statement acknowledging that the applicant may notify the Authority within ten working days of any change made in the assignment of persons in the required management or instructors positions; the proposed training specifications requested by the applicant; a description of the training equipment that the applicant proposes to use e.g. the aircraft, the flight simulation training devices including any special equipment used for each phase of training; a listing of the aerodromes or sites at which training flights originate, if applicable, and a description of the applicant’s training facilities, equipment and qualifications of personnel to be used; a training programme, including manuals, curricula, outlines, courseware, procedures and documentation to support the items required in regulations 15, 16 and 19; and a description of a recordkeeping system that will identify and document the details of training, qualification, and licencing of students, instructors, and evaluators; a description of quality control measures proposed; a method of demonstrating the applicant's qualification and ability to provide training for a licence or rating in fewer than the minimum hours prescribed in the Civil Aviation (Personnel Licencing) Regulations if the applicant proposes to do so; and a statement of compliance showing how the applicant has met all applicable requirements in these Regulations. (4) A training organization shall submit a manual establishing procedures acceptable to the Authority to ensure compliance with all relevant requirements of these regulations and the procedures shall include a quality system which meets the requirements specified in regulation 9. (5) An applicant for an approval certificate shall ensure that the facilities and equipment described in the application are: (a) (b) available for inspection and evaluation prior to approval; and in place and operational at the location of the training organization prior to the issue of a certificate under these Regulations. (6) The Authority shall after inspection, issue to an applicant who meets the requirements of these Regulations and is approved by the Authority: (a) an approval certificate containing: (i) (ii) (iii) (iv) the name and location of the training organization; the date of issue and period of validity of the certificate; the authorized locations of operations; and training courses for the following categories, as applicable, flight 644 Official Gazette nº 21bis of 25/05/2015 crew training, training for personnel other than flight crew and other training as approved by the Authority: (b) training specifications containing: (i) (ii) the type of training authorized, including approved training authorization for the approved training organization; (iii) (iv) (v) (vi) courses; the rating, category, class and type of aircraft, or parts of the aircraft, that may be used for training, testing and checking; for each flight simulation training device that may be used for training, testing and checking, the make, model and series of aircraft being simulated, the the qualification identification number assigned by the Authority; any aircraft, or part of the aircraft, approved for training, as appropriate; the staff required to perform and meet the requirements of these Regulations; and level and (vii) any other items the Authority may require or allow. (7) The Authority shall refuse to issue an approval certificate if it finds that the (8) applicant does not comply with the approval requirements of these Regulations. The Authority may amend an approval certificate or the training specifications: (a) on the Authority’s own initiative, under the applicable legislation; or; (b) upon application by the certificate holder. (9) A training organization located outside Rwanda may apply for a Rwandan approval, to provide training leading to a licence issued by Authority provided the requirements of these Regulations are met. Validity of the certificate 5. An approval certificate issued or renewed to a training organization shall be valid for twelve months from the date of issue or renewal, unless a shorter period is specified by the Authority or: (a) the Authority amends, suspends, revokes or otherwise terminates the certificate; or (b) the approved training organization surrenders it to the Authority; Inspection 6. (1) The Authority may, at any time, inspect an approved training organization’s facilities, records, personnel and equipment to determine the approved training organization’s ongoing compliance with these Regulations. (2) The Authority shall conduct inspections at least once annually. (3) After the inspection specified in sub-regulation (1), an approved training organization certificate holder shall be notified, in writing, of any deficiencies found during the inspection. (4) An inspection shall also be conducted on the applicant for, or on the holder of an approval certificate based outside Rwanda. (5) An inspection carried out under this regulation shall focus on:- adequacy of, and qualifications of staff ; validity of instructors’ licences and ratings; logbooks; training aircraft: registration; associated documents; maintenance records; flight simulation training devices: qualification and approval; facilities: library, class rooms, training equipment adequacy to the courses being conducted and the number of student; (a) (b) (c) (d) (e) 645 Official Gazette nº 21bis of 25/05/2015 (f) (g) (h) (i) (j) (k) documentation: documents related to the courses; updating system; training and operations manuals; training records and checking forms; flight instruction including pre-flight briefing, actual flight debriefing for approved training organizations for flight crew training; examination: management and control; instruction program for personnel other than flight crew; quality assurance system. (1) An approved training organization may apply for renewal of its approval certificate at least thirty days before the expiry date in order to ensure continuity of the training, provided the approved training organization meets the requirements prescribed in these Regulations. (2) The Authority shall inspect an approved training organization that applies for a renewal to ensure that the approved training organization still meets the requirements prescribed in these Regulations. The Authority shall suspend or revoke an approval t certificate, if it is established that a certificate holder has not met, or no longer meets the requirements of these Regulations. Renewal of the certificate 7. 8. Suspension or revocation of an approval certificate Certificate holder responsibilities 9. A holder of an approval certificate shall – (a) (b) (c) (d) ensure that the facilities and working environment are appropriate for the tasks to be performed; ensure that it has the necessary technical data, equipment, training devices and material to conduct the courses for which it is approved. not make a substantial change in facilities, equipment or material that have been approved for a particular training program, unless that change is approved by the Authority in advance; and maintain the records required by these Regulations in facilities adequate for that purpose. Quality assurance and quality system 10. (1) A training organization shall establish a quality system approved by the Authority which includes: (a) an independent audit procedure to monitor training standards; (b) the integrity of knowledge examinations and practical assessments; and (c) compliance with and adequacy of procedures. (2) The management of the quality system must include feedback of the independent audit findings to the training organization senior management personnel and ultimately to the accountable manager to ensure, as necessary, corrective action. (3) The quality assurance system shall meet the requirements prescribed in the First Schedule to these Regulations. Location of Principal 11. An applicant for or holder of an approval certificate shall establish and maintain a principal business office that is physically located at the address shown on the 646 Official Gazette nº 21bis of 25/05/2015 Business Office certificate. 12. Satellite approved training organizations (1) A holder of an approval certificate may conduct training in accordance with a training program approved by the Authority at a satellite approved training organization if: (a) (b) (c) the facilities, equipment, personnel and course content of the satellite approved training organization meet the applicable requirements; the instructors at the satellite approved training organization are under the direct supervision of management personnel of the principal approved training organization; and the approval certificate holder’s training specifications reflect the name and address of the satellite approved training organization and the approved training courses offered at the satellite approved training organization. (2) (3) (4) (5) The Authority shall issue training specifications which prescribe the operations required and authorized at each satellite approved training organization. An approved training organization may sub-contract certain activities to any other organizations subject to the approval of the Authority. The ultimate responsibility for the training provided by the satellite approved training organization remains with the approved training organization. training the satellite approved The approved organization will execute a written agreement defining the safety and quality- related services to be provided; the satellite approved training organization’s safety related activities relevant to the agreement should be included in the approved training organization’s Quality Assurance Programme. training organization and 13. (1) An approved training organization shall notify the Authority within thirty days of any of the following changes: (a) (b) (c) (d) the accountable manager; the quality manager; the instructional staff; and the housing, training facilities and equipment, procedures, training Changes requiring notice to the Authority. programmes and work scope that could affect the approval. (2) The Authority may prescribe the conditions under which the approved training organization may operate during the period such changes as specified in sub- regulation (1) occurs unless the Authority determines that the approval should be suspended. 14. Training and Procedures Manual (1) An applicant or a holder of an approval certificate shall prepare and maintain a Training and Procedures Manual approved by the Authority containing information and instructions to enable staff to perform their duties and to give guidance to students on how to comply with course requirements and shall contain at least the information specified in the Second Schedule to these regulations. (2) The training organization may combine the Training and Procedures Manual. (3) The training organization shall ensure that the Training and the Procedures 647 Official Gazette nº 21bis of 25/05/2015 Manual is amended as necessary to keep the information contained therein up to date. (4) Copies of all amendments to the Training and the Procedures Manual shall be furnished promptly to all organizations or persons to whom the manual has been issued. (1 ) An approved training organization implement a safety management system in accordance with Rwanda Civil Aviation (Safety Management System) Regulations, acceptable to the Authority. Safety management system (SMS) 15. PART III TRAINING FOR FLIGHT CREW LICENCES AND RATINGS Flight crew training courses 16. The Authority may approve, as provided in the training specifications, the following courses of instruction to an applicant for, or a holder of a certificate, provided the applicant meets the requirements of the Civil Aviation (Personnel Licensing) Regulations and these Regulations: private pilot licence course; (a) (b) commercial pilot licence course; (c) instrument rating course; (d) commercial pilot licence or instrument rating-multi-engine or Crew Resource Management integrated course; airline transport pilot licence course; (e) (f) multi-crew pilot licence course; (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) flight engineer licence course; flight navigator licence course; class rating course; type rating course; crew resource management course; flight instructor course; instructor course for additional type or class ratings; instructor course for synthetic flight training; refresher courses; category II and III Ops; ETOPS; human factors; safety management systems; and any other course as the Authority may approve. Personnel 17. (1) A training organization shall satisfy the Authority that there shall be on its staff:- (a) (b) (c) (d) (e) (f) an accountable manager; a quality manager; a head of training; a chief flight instructor, as applicable; a chief ground instructor as applicable; and an adequate number of ground and flight instructors relevant to the courses provided. (2) An instructor to be used for flight training must hold an instructor rating or authorization in accordance with the Civil Aviation (Personnel Licensing) 648 Official Gazette nº 21bis of 25/05/2015 (3) (4) Regulations relevant to the instruction given. A training organization shall ensure that all instructional personnel receive initial and continuation training appropriate to their assigned tasks and responsibilities; the training programme for instructional personnel established by the approved training organization shall include training in knowledge and skills related to human performance. The responsibilities and qualifications of the management personnel employed in a training organisation shall be as specified in the Third Schedule to these Regulations. (5) The Authority may approve positions, other than those listed, if the training organization is able to show that it can conduct the training with the high training standard under the direction of fewer or different categories of management personnel due to the:- (a) (b) (c) kind of training conducted; number of students; and locations of training. Training programme and approval 18. (1) An applicant for, or a holder of an approval certificate, shall apply to the Authority for training programme approval. (2) An applicant for, or holder of an approval certificate shall develop training in particular, synthetic flight programme for each type of course offered which shall include:- (a) a breakdown of flying and theoretical knowledge instruction in either a week-by-week or phase presentation, a list of standard exercises and a curriculum summary; training and theoretical knowledge instruction shall be phased in such a manner as to ensure that students shall be able to apply to flying exercises the knowledge gained on the ground; minimum aircraft and flight training equipment requirements for each proposed programme; minimum instructor qualifications for each proposed programme; and a programme for initial training and continuing training of each instructor employed to instruct in a proposed programme. (3) The content and sequence of the training programme shall be acceptable to the (c) (d) (b) Authority. Training aircraft. 19. (1) A holder of an approval certificate shall provide an adequate fleet of training aircraft appropriate to the courses of training for flight crew licences and ratings and aircraft provided shall be fitted with duplicated primary flight controls for use by the instructor and the student and shall not have swing-over flight controls. (2) The fleet provided under sub-regulation (1) shall include: (a) (b) (c) as appropriate to the courses of training, aeroplanes suitable for demonstrating stalling and spin avoidance; as appropriate to the courses of training, a helicopter suitable for auto- rotation demonstration; and aircraft suitably equipped instrument meteorological to simulate conditions and suitably equipped for instrument flight training and testing. 649 Synthetic flight trainers Official Gazette nº 21bis of 25/05/2015 20. An applicant for, or holder of an approval certificate: (a) (b) providing synthetic flight training, shall satisfy the Authority that suitably equipped flight simulation training devices are provided having regard to the number of students and organization of courses; and shall show that each flight simulation training devices used for training, testing and checking will be or is specifically qualified and approved by the Authority for: (i) each manoeuvre and procedure for the make, model and series of aircraft, set of aircraft, or aircraft type simulated, as applicable; and (ii) each training programme or training course in which the flight simulation training devices is used, if that programme or course is used to satisfy any requirement of these Regulations. Aerodrome and sites 21. (1) An applicant for, or a holder of, an approval certificate that intends to conduct or conducts flight training shall show that it has continuous use of each airport and sites for helicopter training at which training flights originate and that the airport has an adequate runway and other necessary equipment. (2) A base aerodrome and any alternative base aerodrome at which flying training is being conducted shall have at least the following facilities: (a) at least one runway or take-off area that allows training aircraft to make a normal take-off or landing at the maximum take-off or maximum landing mass authorized, and touch down autorotation as appropriate: (i) under calm wind of not more than five knots conditions and temperatures equal to the mean high temperature for the hottest month of the year in the operating area; clearing all obstacles in the take-off flight path by at least 15 m (50 ft); (ii) (iii) with the powerplant operation and the landing gear and flap operations (if applicable) recommended by the manufacturer; and (iv) with a smooth transition from lift-off to the best rate of climb speed without exceptional piloting skills or techniques; (b) have wind direction indicator that is visible at ground level from the ends of each runway; (c) have adequate runway electrical lighting if used for night training ; and (d) have a traffic direction indicator when: (i) (ii) the airport does not have an operating control tower; and; traffic and wind advisories are not available; (e) sites shall be available for: (i) (ii) (iii) confined area operation training; simulated engine off autorotation; sloping ground operation. Training facilities 22. (1) An applicant for, or a holder of an approval certificate shall, subject to the determination by the Authority, have facilities appropriate for the maximum number of students expected to be taught at any time. (2) The minimum facilities shall be: (a) for flight operations – an operation room; (i) (ii) a flight planning room; 650 Official Gazette nº 21bis of 25/05/2015 (iii) adequate briefing rooms; (iv) an office for the instructors; (b) for knowledge instructions – (i) (ii) (iii) (iv) (v) classroom accommodation; suitable demonstration equipment; a radio telephony training and testing facility; a library; an office for instructors. (3) A holder of an approved training organization certificate shall not make a substantial change in facilities, equipment or material that have been approved for a particular training programme unless that change is approved by the Authority in advance. PART IV – TRAINING FOR LICENCES AND RATINGS FOR AIRCRAFT MAINTENANCE ENGINEERS, AIR TRAFFIC CONTROLLERS AND FLIGHT OPERATION OFFICERS Training courses for Licences and ratings for aircraft maintenance engineers, air traffic controllers and flight operation officers 23. The Authority may approve the following courses of instruction to an applicant for, or holder of an approved training organization certificate, provided the applicant meets the requirements of the Civil Aviation (Personnel Licensing) Regulations: (a) (b) (c) aircraft maintenance engineers basic course; airframe rating, powerplant rating, avionics rating course; air traffic controller licence course;training for ratings for air traffic controller licences; flight operation officer course; flight radio telephony operator course; aeronautical station operator course, and (d) (e) (f) (g) cabin crew member course. Personnel 24. (1) An approved training organization shall satisfy the Authority that an adequate number of qualified, competent staff are employed as follows: (a) an accountable manager; (b) a quality control manager; (c) a head of training; (d) a chief instructor; and (e) an adequate number of instructors relevant to the courses provided, qualified in accordance with the requirements of the Civil Aviation (Personnel Licensing) Regulations. (2) (3) the training programme established by The approved training organization shall ensure that all instructional personnel receive initial and continuation training appropriate to their assigned tasks and responsibilities of training organization and shall include training in knowledge and skills related to human performance. The personnel specified in this regulation shall submit their credentials to the Authority and shall show that they have relevant qualifications and satisfactory experience related to approved training as appropriate in accordance with the Third Schedule to these Regulations. the 651 Training Programme and approval Official Gazette nº 21bis of 25/05/2015 25. (1) An applicant for, or a holder of an approval certificate shall: (a) (b) (c) apply to the Authority for an approval of a training programme; ensure that each training programme submitted to the Authority for approval meets the applicable requirements; indicate in the application: (i) (ii) courses which are part of the programme; and requirements of Regulations) which may be satisfied. the Civil Aviation (Personnel Licencing 26. Training facilities, equipment and material for aircraft maintenance engineer courses 27. Training facilities, equipment and material for air traffic controllers or flight radio telephony operator (2) Where the Authority finds that the approved training programme does not meet the applicable requirements, it shall require the holder to make revision in the training programme. (1) An applicant for, or a holder of an approval certificate that intends to conduct or conducts aircraft maintenance engineer courses shall have suitable facilities, as determined by the Authority, appropriate for the maximum number of students expected to be taught at any time and the ratings sought, as follows: (a) (b) (c) an enclosed adequately equipped classroom; a well equipped library; workshops, equipment, tools, adequate supply of materials, special tools and similar articles for the rating sought; adequate office facilities; secure storage facilities for examination papers and training records. (d) (e) (2) An applicant for, or holder of an approved training organization certificate with approved licenced maintenance engineer courses shall have and maintain the adequate instructional equipment as is appropriate to the rating sought. (3) A holder of an approval certificate shall not make any change in facilities, equipment or material that have been approved for a particular training programme, unless that change is approved by the Authority in advance. (4) An applicant for, or holder of, an approval certificate to conduct aircraft maintenance engineer courses shall ensure that the tools, equipment, materials, and instructional equipment required by sub-regulations (1) and (2) be in satisfactory working condition for instructional and practice purposes. an enclosed adequately equipped classroom; (1) An applicant for, or holder of, an approval certificate to train air traffic controllers or flight radio telephony operators shall have facilities as determined by the Authority, appropriate for the maximum number of students expected to be taught at any time and the ratings sought, as follows: (a) (b) well equipped library; (c) well designed simulators appropriate for the rating sought; (d) (e) (f) (g) adequate office accommodation for instructors; control desk or console where applicable; ICAO approved syllabus for rating being sought; and secure storage facilities for examination papers and training records. (2) An applicant for, or a holder of, an approval certificate with air traffic control or flight radio telephony operator courses shall maintain instructional equipment as is appropriate to the rating sought. (3) A holder of an approval certificate to train air traffic controllers or flight radio telephony operators shall not make any change in facilities, equipment, 652 Official Gazette nº 21bis of 25/05/2015 simulators or materials that have been approved for a particular training unless that change is approved by the Authority in advance. (4) An applicant for, or holder of, an approval certificate to train air traffic controllers or flight radio telephony operators shall ensure that the equipment, materials, and simulators required by paragraph (1) and (2) be in satisfactory working condition for instructional and practice purposes. (1) An applicant for, or holder of an approval certificate to train flight operations officers or cabin crew members shall have facilities, as determined by the Authority, appropriate for the maximum number of students expected to be taught at any time, as follows: (a) (b) an operations room; a flight planning room; an office for the instructors; adequate enclosed classroom; flight operations facilities, including: (i) (ii) (iii) suitable demonstration equipment and cabin mockups; suitable radio telephony training and testing facility (for flight operations officer training only); a library; secure storage facilities for examination papers and training records. (c) (d) (e) (f) 28. Training facilities, equipment and material for flight operations officers or cabin crew members (2) An applicant for, or a holder of an approval certificate for flight operations officers or cabin crew members courses shall have and maintain instructional equipment appropriate for the training sought. (3) A holder of an approval certificate shall not make a substantial change in facilities, equipment or material that have been approved for a particular training programme, unless that change is approved by the Authority in advance. (4) An applicant for, or holder of, an approval certificate to train flight operations officers or cabin crew members shall ensure that the equipment and materials, required by sub-regulations (1) and (2) be in satisfactory working condition for instructional and practice purposes. Advertising limitations 29. (1) An approved training organization shall not: (a) conduct or advertise to conduct any training, testing, or checking that is not approved by the Authority if that training is designed to satisfy any requirement of these Regulations; that (b) make any statement relating to its approval certification and training specifications to mislead any person is false or designed contemplating enrolment in that approved training organization; or (c) advertise that it is certified unless it clearly differentiates between courses that have been approved under these Regulations and those that have not been approved under these Regulations. (2) An approved training organization whose certificate has been surrendered, suspended, revoked, or terminated shall promptly: (a) remove all indications, including signs, wherever located, that the approved training organization was certified by the Authority; and notify all advertising agents, and advertising media employed by the approved training organization to cease all advertising indicating that the approved training organization is certified by the Authority. (b) 653 Official Gazette nº 21bis of 25/05/2015 __________ 654 Official Gazette nº 21bis of 25/05/2015 FIRST SCHEDULE QUALITY ASSURANCE AND QUALITY SYSTEM [regulation 10] 1. QUALITY POLICY AND STRATEGY 1.1 The approved training organisation shall describe how the organization formulates, deploys and reviews its policy and strategy and turns them into plans and actions applicable to all levels of the organization. A formal, written quality policy should be prepared, establishing a commitment by the accountable manager of the training organization to achieving and maintaining the highest possible standards of quality. The quality policy should reflect the achievement of, and continued compliance with, relevant parts of these regulations and any additional standards specified by the approved training organisation. 1.2 The accountable manager of the training organization will have the overall responsibility for the standard of quality including the frequency, format and structure of the internal management review and analysis activities and may delegate responsibility for the tasks defined under paragraph 2 of this Schedule to a quality manager . 2. QUALITY MANAGER 2.1 The primary role of the quality manager is to verify, by monitoring activities in the field of training, that the standards as established by the approved training organisation and any additional requirements of the Authority are being carried out properly. 2.2 The quality manager should be responsible for ensuring that the quality system is properly documented, implemented, maintained and continuously reviewed and improved (see paragraph 17 of this Schedule). 2.3 The quality manager should: (a) report directly to the head of training; and (b) have unencumbered access to all parts of the approved training organisation. 2.4 The quality manager should be responsible for ensuring that personnel training related to the quality system is conducted. 3. QUALITY ASSURANCE (QA) 3.1 The term quality assurance is frequently misunderstood to mean the testing and checking of products and services. Organizations that only do checking and testing activities are merely applying “quality control” measures, which are designed to catch product and service defects but not necessarily prevent 655 Official Gazette nº 21bis of 25/05/2015 them. For example, an approved training organisation that administers exams at the end of the training syllabus, only to discover that a large proportion of the students have failed to meet the required standard, has only identified a deficiency in expected results. The implication could be that there is a problem with the training programme or the instructor or even the student selection criteria. In this instance the approved training organisation has no idea what the real problem is or what to do about it. Quality control, by itself, provides limited value without the suite of complementary activities that comprise quality assurance. 3.2 Quality assurance, on the other hand, attempts to improve and stabilize the training process and to identify and avoid, or at least minimize, issues that lead to problems in the first place. It continuously verifies that standards are adhered to throughout the training process by introducing various checkpoints and controls. It further introduces a system of audits to ensure that documented policies, processes and procedures are consistently followed. It is the “assurance” part of quality management. 3.3 A quality assurance plan for an approved training organisation should encompass well-designed and documented policies, processes and procedures for at least the following activities: a) monitor training services and process controls; b) monitor assessment and testing methods; c) monitor personnel qualifications and training; d) monitor training devices and equipment qualification, calibration and functionality, as applicable; e) conduct internal and external audits; f) develop, implement and monitor corrective and preventive actions and associated reporting systems (see paragraph 8 of this Schedule); and g) utilize appropriate statistical analysis to identify and respond appropriately to trends. 3.4 3.5 An effective quality assurance plan will aid significantly in the approved training organisation’s compliance with requirements, its conformity with the standards and the adequacy of its training activities. To take the approved training organisation’s performance to a higher level requires a structure that ensures that the combined quality assurance effort of the employees reaches its full potential. Quality assurance plans by themselves are subject to breakdowns in human performance and therefore are in need of robust organizational structures that underpin the quality assurance efforts of individuals. It is for this reason that approved training organisations and States should embrace the quality system governance model described in this Schedule. 4. QUALITY SYSTEM FOR THE APPROVED TRAINING ORGANISATION 4.1 A quality system is the aggregate of all the organization’s activities, plans, policies, processes, procedures, resources, incentives and infrastructure working in unison towards a total quality management approach. It requires an organizational construct complete with policies, processes, 656 Official Gazette nº 21bis of 25/05/2015 procedures and resources that underpins a commitment to achieve excellence in product and service delivery through the implementation of best practices in quality management. 4.2 An approved training organisation that supports its quality assurance plan with a well-designed, implemented and maintained quality system structure should be able to easily and repeatedly achieve results that exceed both the requirements of the applicable national regulations and the expectations of the approved training organisation’s clients. 4.3 The basic attributes of an effective quality system should include, but are not necessarily limited to: a) b) c) a managerial structure that facilitates and encourages clear and unencumbered access to the decision makers; an overarching company commitment to achieving excellence in the delivery of training services, rather than meeting minimum requirements; quality policies, processes and procedures that are well-designed, consistently applied and subject to formalized review and refinement processes; d) an employee training plan that instils and promotes best practices in quality management efforts; e) f) an organizational risk profile and corresponding risk management plan, which together provide a comprehensive list of hazards that are tied to the approved training organisation’s activities and establish mitigating measures to effectively manage those risks which threaten the achievement of desired standards of performance; and a strategic review of policies and procedures which measures the organization’s current assumptions, objectives and plans by applying a relevance test matched to evolving trends in the industry or changes occurring within the approved training organisation. 5. ORGANIZATIONAL RISK PROFILE 5.1 An organizational risk profile is an inventory of identified hazards and threats that present risks which are likely to prevent conformity with the required standards of performance. This “threat to quality” list is normally arrived at by first establishing a directory of those activities that routinely take place in order to deliver and administer a training programme. Once complete, the activity directory is then expanded to identify the hazards and threats associated with each individual activity. Some examples of routine activities that should be examined during this process are: a) selection and training of staff; b) training programme development, validation and review; c) development and maintenance of training courseware; 657 Official Gazette nº 21bis of 25/05/2015 d) administrative staff duties in support of the training programme, the instructors and evaluators, and the students; e) delivery of training; f) record-keeping; g) assessment and examination processes; and h) client and Authority feedback. 5.2 The risks identified through this exercise should not be limited to just those which currently exist but should also include those potential risks that could arise from a change to existing circumstances or conditions. 6. RISK MANAGEMENT PLAN 6.1 A risk management plan is designed to mitigate the identified risks, real or potential, which were derived from the organizational risk profile exercise. The plan’s objective is not to eliminate risk so much as it is to effectively manage risk by putting in place risk controlling measures. 6.2 A well-developed and implemented risk management plan will substantially aid in accurately scoping out the depth and frequency of planned quality assurance-related activities. 6.3 The plan should be subject to the management review process outlined in paragraph 4.3 f) of this Schedule. 6.4 The current risk management plan should be readily accessible to all employees so that it can be accurately followed and open to comment for improvement. 7. COHERENCE MATRIX 7.1 A coherence matrix, sometimes known as a correspondence matrix, is a very powerful addition to the approved training organisation’s compliance efforts. It is a detailed, tabulated document that lists all the applicable regulatory requirements imposed on the approved training organisation. Beside each listed provision there should be at least two descriptive elements that identify: a) the existing processes that are designed to ensure continuous compliance with that specific regulatory rule or standard; and b) the individual managerial position responsible for the effective implementation of each process. 7.2 The coherence matrix should indicate the most recently completed and next intended audits designed to validate the functionality of each of the identified processes. Any recent audit findings should be listed in the matrix or referred to as being documented in a separate “register of findings”. 658 Official Gazette nº 21bis of 25/05/2015 7.3 7.4 8.1 8.2 The coherence matrix is developed and managed by the quality manager and is subject to the management review process outlined in paragraph 4.3 f) of this Schedule. The current coherence matrix should be readily accessible to all employees so that it can be accurately followed and open to comment for improvement. 8. CORRECTIVE AND PREVENTIVE ACTION REPORTS Quality assurance plans should include a well-structured reporting system to ensure that suggestions by approved training organisation personnel for both corrective and preventive actions are recorded and promptly addressed. Paragraph 3.3 f) of this Schedule identifies this as a necessary component of quality assurance. After an analysis of the reports submitted, the reporting system should specify who is required to rectify a discrepancy and/or non-conformity in each particular case and the procedure to be followed if corrective action is not completed within an appropriate timescale. Just as important, the reporting system should identify who is required to investigate and act upon any report identifying measures that could prevent a non-conformity from occurring. 8.3 Corrective and preventive action reports should be able to be submitted anonymously, if individuals so choose, to maximize the opportunity for open and effective reporting. Note.— Since corrective and preventive action reports, in this instance, represent suggestions for improvement in conformity levels and deal with quality issues, this reporting system and its processes should be managed by the quality manager. 9. QUALITY-RELATED DOCUMENTATION 9.1 Relevant documentation includes parts of the training and procedures manual which may be included in a separate quality manual. 9.2 In addition, the relevant documentation should include the following: a) quality policy and strategy; b) glossary; c) organizational risk profile; d) risk management plan; e) coherence matrix; f) procedures and reporting system for corrective and preventive actions; g) specified training standards; h) description of the organization; 659 Official Gazette nº 21bis of 25/05/2015 i) assignment of duties and responsibilities; and j) training procedures related to the quality system to ensure regulatory compliance. 9.3 The quality assurance audit programme documentation should reflect: a) the schedule of the monitoring process; b) audit procedures; c) reporting procedures; d) procedures for follow-up and corrective actions; e) the recording system; and f) document control. 10. QUALITY ASSURANCE AUDIT PROGRAMME The quality assurance audit programme should include all planned and systematic actions necessary to provide confidence that every training activity is being conducted in accordance with all applicable requirements, standards and procedures. 11. QUALITY INSPECTION 11.1 The primary purpose of a quality inspection is to review a document or observe a particular event, action, etc., in order to verify whether established training procedures and requirements were followed during the conduct of the inspection and whether the required standard was achieved. 11.2 Examples of typical subject areas for quality inspections are: a) actual training sessions; b) maintenance, if applicable; c) technical standards; and d) training standards. 12. QUALITY AUDITS 12.1 An audit is a systematic and independent comparison between the way in which training is being conducted and the way in which it should be conducted according to the published training 660 Official Gazette nº 21bis of 25/05/2015 procedures. 12.2 Audits should include at least the following quality procedures and processes: a) a description of the scope of the audit, which should be explained to the personnel to be audited; b) planning and preparation; c) gathering and recording evidence; and d) analysis of the evidence. 12.3 The various techniques that make up an effective audit are: a) a review of published documents; b) interviews or discussions with personnel; c) the examination of an adequate sample of records; d) the witnessing of the activities which make up the training; and e) the preservation of documents and the recording of observations. 13. AUDITORS 13.1 The approved training organisation should decide, depending on the complexity of the organization and the training being conducted, whether to make use of a dedicated audit team or a single auditor. In any event, the auditor or audit team should have relevant training and/or operational experience. 13.2 The responsibilities of the auditors should be clearly defined in the relevant documentation. 14. AUDITOR’S INDEPENDENCE 14.1 Auditors should not have any day-to-day involvement in the area of the operation or maintenance activity that is to be audited. 14.2 An approved training organisation may, in addition to using the services of full-time dedicated personnel belonging to a separate quality department, undertake the monitoring of specific areas or activities through the use of part-time auditors. An approved training organisation whose structure and size does not justify the establishment of full-time auditors may undertake the audit function using part-time personnel from within its own organization or from an external source under the terms of an agreement acceptable to the Authority. 14.3 In all cases the approved training organisation should develop suitable procedures to ensure that persons directly responsible for the activities to be audited are not selected as part of the auditing 661 Official Gazette nº 21bis of 25/05/2015 team. Where external auditors are used, it is essential that any external specialist has some familiarity with the type of activity conducted by the approved training organisation. 14.4 The quality assurance audit programme of the approved training organisation should identify the persons within the organization who have the experience, responsibility and authority to: a) perform quality inspections and audits as part of ongoing quality assurance; b) identify and record concerns or findings and the evidence necessary to substantiate such concerns or findings; c) initiate or recommend solutions to concerns or findings through designated reporting channels; d) verify the implementation of solutions within specific and reasonable timescales; and e) report directly to the quality manager. 15. AUDIT SCHEDULING 15.1 A quality assurance audit programme should include a defined audit schedule and a periodic review cycle. The schedule should be flexible and allow unscheduled audits when negative trends are identified. The quality manager should schedule follow-up audits when necessary to verify that a corrective action resulting from a finding was carried out and that it is effective. 15.2 An approved training organisation should establish a schedule of audits to be completed during a specific calendar period. This schedule should be influenced by the organizational risk profile and be reflected in both the risk management plan and the coherence matrix documents. As a minimum, all aspects of the training should be reviewed within a period of twelve months in accordance with the audit programme. 15.3 When an approved training organisation defines the audit schedule, it should take into account significant changes to the management, organization, training or technologies, as well as changes to the standards and requirements as discussed in paragraph 4.3 f) of this Schedule. 16. MONITORING AND CORRECTIVE ACTION 16.1 The aim of monitoring within the quality system is primarily to investigate and judge its effectiveness and thereby ensure that defined policy and training standards are continuously complied with. Monitoring and corrective action functions fall under the responsibilities of the quality manager. Monitoring activity is based upon: a) quality inspections; b) quality audits; and 662 Official Gazette nº 21bis of 25/05/2015 c) corrective and preventive action reports and subsequent follow-up. 16.2 Any non-conformity identified as a result of monitoring should be communicated by the quality manager to the manager responsible for taking corrective action or, if appropriate, to the head of training or, when circumstances warrant, to the accountable manager. Such non-conformity should be recorded for the purpose of further investigation in order to determine the cause and to enable the recommendation of an appropriate corrective action. 16.3 The quality assurance audit programme should include procedures to ensure that corrective and preventive actions are developed in response to findings. Personnel implementing these procedures should monitor such actions to ensure that they have been completed and verify their effectiveness. Organizational responsibility and accountability for the implementation of corrective action resides with the department where the finding was identified. The accountable managerwill have the ultimate responsibility for ensuring, through the quality manager, that the corrective action has re- established conformity with the standard required by the approved training organisation and any additional requirements established by the Licensing Authority or the approved training organisation. 16.4 As part of its quality system, the approved training organisation should identify internal and external customers and monitor their satisfaction by measurement and analysis of feedback. 17. CONTINUOUS IMPROVEMENT PROCESS 17.1 As stated in 2.2 of this Schedule, the quality manager should be responsible for the review and continuous improvement of the established quality system’s policies, processes and procedures. The following tools, on which the quality manager relies, are essential to the continuous improvement process: a) organizational risk profile; b) risk management plan; c) coherence matrix; d) corrective and preventive action reports; and e) inspection and audit reports. 17.2 These tools and processes are interrelated and help define the continuous improvement efforts of the organization. For example, any corrective or preventive action report could identify a deficiency or an opportunity for improvement. As outlined in 8.2 of this Schedule, the quality manager would then be required to ensure the identified issue was addressed and corrective action effectively implemented. The same would be true if the issue was identified during an inspection or audit. 663 Official Gazette nº 21bis of 25/05/2015 17.3 The effective implementation of change and the subsequent validation that the change did indeed result in the desired outcome are critical to the continuous improvement process. Simply introducing a well-meaning suggestion for improvement into the organization without carefully managing that change could have undesirable consequences. It is therefore incumbent upon the quality manager to responsibly introduce, monitor and validate improvement efforts. 17.4 A simplistic but effective process to use in managing continuous improvement is known as the plan- do- check-act, or PDCA, approach, which is illustrated and described below: 664 Official Gazette nº 21bis of 25/05/2015 The plan – do – check – act approach Corrective and preventive action reports Act Audits and inspection reports Plan Quality manager ’s continuous improveme nt process Do Organizational risk profile and risk management plan Check Coherence matrix 665 Official Gazette nº 21bis of 25/05/2015 a) Plan. Map out the implementation of the recommended change, identifying at least: 1) the people who will be affected by the change; 2) the required quality control measures necessary to mitigate risk; and 3) the desired outcome and its intended consequences. b) Do. Execute the implementation plan once all affected groups have accepted the proposal and understand their role in ensuring its success. c) Check. Apply sufficient quality control “stage” checks throughout the implementation phase to ensure any unintended deviations in the execution are identified and addressed without delay. d) Act. Analyse the results and take appropriate action as necessary. 18. MANAGEMENT REVIEW AND ANALYSIS 18.1 Management should accomplish a comprehensive, systematic and documented review and analysis of the quality system, training policies and procedures and should consider: a) the results of quality inspections, audits and any other indicators; b) the overall effectiveness of the management organization in achieving stated objectives; and c) the correction of trends and, where applicable, the prevention of future non- conformities. Note.— Paragraph 4.3 of this Schedule identifies the basic attributes which require review and analysis. 18.2 Conclusions and recommendations made as a result of the review and analysis should be submitted to the responsible manager, in writing, for action. The responsible manager should be an individual who has the authority to resolve relevant issues and take action. The head of training should decide on the frequency, format and structure of meetings for internal review and analysis, in coordination with the accountable manager, if different, because the accountable managerhas the overall responsibility for the quality system including the frequency, format and structure of the internal management review and analysis activities (see 1.2 of this Schedule). 19. RECORDS 19.1 Accurate, complete and readily accessible records documenting the result of the quality assurance audit programme should be maintained by the approved training organisation. Records are essential data to enable an approved training organisation to analyse and determine the root causes of non- conformity so that areas of non-compliance can be identified and subsequently addressed. 666 Official Gazette nº 21bis of 25/05/2015 19.2 Records should be retained at least for the period that may be mandated by national requirements. In the absence of such requirements, a period of three years is recommended. The relevant records include: a) audit schedules; b) quality inspection and audit reports; c) responses to findings; d) corrective and preventive action reports; e) follow-up and closure reports; and f) management review and analysis reports. 20. QUALITY ASSURANCE RESPONSIBILITY FOR SATELLITE APPROVED TRAINING ORGANISATIONS 20.1 An approved training organisation may decide to subcontract certain training activities to external organizations subject to the approval of the Licensing Authority. 20.2 The ultimate responsibility for the training provided by the satellite approved training organisation always remains with the approved training organisation. A written agreement should exist between the approved training organisation and the satellite approved training organisation clearly defining the training services to be provided and the level of quality to be assured. The satellite approved training organisation’s activities relevant to the agreement should be included in the approved training organisation’s quality assurance audit programme. 20.3 The approved training organisation should ensure that the satellite approved training organisation has the necessary authorization/approval when required and commands the resources and competence to undertake the task. 21. QUALITY ASSURANCE TRAINING 21.1 As outlined in 4.3 d) of this Schedule, appropriate and thorough training is essential to optimize quality in every organization. To achieve this, the approved training organisation should ensure that all staff members understand the objectives as laid out in the quality manual, to a level relevant to their duties, including: a) the concept of quality assurance and associated systems; b) quality management; c) the quality manual; 667 Official Gazette nº 21bis of 25/05/2015 d) inspections and audit techniques; and e) reporting and recording. 21.2 Time and resources should be allocated to provide appropriate levels of quality assurance training to every employee. 21.3 Quality assurance courses are available from the various national or international standards institutions, and an approved training organisation should consider whether to offer such courses to those likely to be involved in the management or supervision of quality assurance processes. Organizations with sufficient appropriately qualified staff should consider the possibility of providing in-house training. ____________________________ 668 Official Gazette nº 21bis of 25/05/2015 SECOND SCHEDULE CONTENT OF THE TRAINING AND PROCEDURES MANUAL [regulation 14] Part I of this Schedule covers the content requirements for the training and procedures manual of all approved training organisations. Part II deals with the additional content requirements for approved training organisations that provide flight training utilizing aircraft. Part I — Content requirements for all ATOs The training and procedures manual should include the elements in paragraphs 1 to 8 of this Schedule as far as they are appropriate to the type of training to be provided. 1. GENERAL 1.1 Preamble relating to the use and applicability of the manual. 1.2 Table of contents. 1.3 Amendment, revision and distribution of the manual: a) procedures for amendment; b) record of amendments page; c) distribution list; and d) list of effective pages. 1.4 1.5 Glossary of definitions and significant terms, including a list of acronyms and/or abbreviations. Description of the structure and layout of the manual, including: a) the various parts and sections, as well as their contents and use; and b) the paragraph numbering system. 1.6 Description of the scope of training authorized under the organization’s terms of approval. 669 Official Gazette nº 21bis of 25/05/2015 1.7 Organization chart of the approved training organisations and the names of the post holders. 1.8 Qualifications, responsibilities and succession of command of management and key operational personnel, including but not limited to: a) accountable manager; b) head of training; c) instructional services manager; d) quality manager; e) maintenance manager, if applicable; f) safety manager, if applicable; g) instructors; and h) examiners, evaluators and auditors. 1.9 Policies dealing with: a) the training organization’s objectives, including ethics and values; b) the selection of ATO personnel and the maintenance of their qualifications; c) the evaluation, selection and maintenance of training material and devices; d) the maintenance of the training facilities and equipment; e) the development and maintenance of a quality system governance model (see First Schedule); and f) the development and maintenance of a culture focused on safety in the workplace, including, when applicable, implementation of a safety management system governance model. 1.10 Description of the facilities and equipment available, including: a) general-use facilities, including offices, stores and archives, and library or reference areas); b) the number and size of classrooms, including installed equipment; and c) the type and number of training devices, including their location if other than at the main training site. 2. STAFF TRAINING 670 Official Gazette nº 21bis of 25/05/2015 2.1 2.2 2.3 Identification of persons or positions responsible for the maintenance of performance standards and for ensuring the competency of personnel. Details of the procedures to validate the qualifications and determine the competency of instructional personnel as required by regulation 24. Details of the initial and recurrent training programmes for all personnel as required by regulation 24, including awareness training with respect to their responsibilities within the ATO’s system governance processes. 2.4 Procedures for proficiency checks and upgrade training. 3. CLIENT TRAINING PROGRAMMES Client training programmes cover each individual training programme conducted by the training organization for its customers and consist of a training plan, a practical training syllabus and a theoretical knowledge syllabus, if applicable, as described in 3.1, 3.2 and 3.3. 3.1.1 The aim of the course in the form of a statement of what the student is expected to be able to do as a result of the training, the level of performance and the training constraints to be observed. 3.1 Training plan 3.1.2 Pre-entry requirements, including: a) minimum age; b) education or qualification requirements; c) medical requirements; and d) linguistic requirements. 3.1.3 Credits for previous knowledge, experience or other qualifications, which should be obtained from the Authority before the training commences. 3.1.4 Training curricula, including: a) theoretical training (knowledge); b) practical training (skills); c) training in the domain of Human Factors (attitudes); Note.— Guidance material to design training programmes on human performance can be found in ICAO Doc 9683. 671 Official Gazette nº 21bis of 25/05/2015 d) assessment and examinations; and e) monitoring of the training process, including assessment and examination activities. 3.1.5 Training policies in terms of: a) restrictions regarding the duration of training periods for students and instructors; and b) if applicable, minimum rest periods. 3.1.6 Policy for the conduct of student evaluation, including the: a) procedures for authorization of tests; b) procedures for remediation training before retest and procedures for re-writing knowledge tests; c) test reports and records; d) procedures for skill progress checks and skill tests; e) procedures for knowledge progress tests and knowledge tests, including procedures for knowledge test preparation, types of questions and assessments, and standards required for a pass; and f) procedures for question analysis and review and for issuing replacement exams (applicable to knowledge tests). 3.1.7 Policy regarding training effectiveness, including: a) liaison procedures between training departments; b) requirements for reporting and documentation; c) internal feedback system for detecting training deficiencies; d) completion standards at various stages of training to ensure standardization; e) individual student responsibilities; f) procedures to correct unsatisfactory progress; g) procedures for changing instructors; h) maximum number of instructor changes per student; and i) procedures for suspending a student from training. 672 Official Gazette nº 21bis of 25/05/2015 3.2 Syllabi for non-competency-based training programmes 3.2.1 Practical training syllabus 3.2.1.1 A statement of how the course will be divided into phases, indicating how the phases will be arranged to ensure completion in the most suitable learning sequence and that exercises will be repeated at the proper frequency. 3.2.1.2 The syllabus hours for each phase and for groups of lessons within each phase and when progress tests are to be conducted. 3.2.1.3 A statement of the standard of proficiency required before progressing from one phase of training to the next. It includes minimum experience requirements and satisfactory exercise completion before undertaking the next phase. 3.2.1.4 Requirements for instructional methods, particularly with respect to adherence to syllabi and training specifications. 3.2.1.5 Instruction for the conduct and documentation of all progress checks. 3.2.1.6 Instruction, where applicable, given to all examining staff regarding the conduct of examinations and tests. 3.2.2 Theoretical knowledge syllabus The syllabus for theoretical knowledge instruction should be structured generally as in 3.2 of this Schedule but with a training specification and objective for each subject. 3.3 Syllabus for competency-based training programmes 3.3.1 Modern training programmes should be competency-based. 3.3.2 Competency-based training programmes are based upon a job and task analysis to define the knowledge, skills and attitudes required to perform a job or a task. Such programmes use an integrated approach in which the training in the underlying knowledge to perform a task is followed by practice of the task so that the trainee acquires the underlying knowledge, skills and attitudes related to the task in a more effective way. 3.3.3 As a result, the syllabus is structured as a single document that is subdivided into modules containing a training objective and the same information as in 3.2.1, but applied to both the theoretical knowledge and practical training delivered by the module. 673 Official Gazette nº 21bis of 25/05/2015 4. TESTS AND CHECKS CONDUCTED BY THE ATO FOR THE ISSUANCE OF A LICENCE OR A RATING When a State has authorized an ATO to conduct the testing required for the issuance of a licence or rating in accordance with the training and procedures manual, the manual should include: a) the name(s) of the personnel with testing authority and the scope of the authority; b) the role and duties of the authorized personnel; c) if the school has been given authority to appoint personnel to conduct the testing required for the issuance of a licence or rating, the minimum requirements for appointment as well as the selection and appointment procedure; and d) the applicable requirements established by the Licensing Authority, such as: — the procedures to be followed in the conduct of checks and tests; and — the methods for completion and retention of testing records as required by the Licensing Authority. 5. RECORDS Policy and regarding: procedures a) attendance records; b) student training records; c) staff training and qualification records; d) persons responsible for checking records and student personal logs; e) nature and frequency of record checks; f) standardization of record entries; g) personal log entries; and h) security of records and documents. 6. SAFETY MANAGEMENT SYSTEM (IF APPLICABLE) The requirement to adopt SMS practices is intended to be restricted to only those training entities whose activities directly impact on the safe operation of aircraft. Should that requirement apply to the ATO, the training and procedures manual, as stated in paragraph 1.9 of this Schedule, must address the ATO’s SMS by 674 Official Gazette nº 21bis of 25/05/2015 reference to a separate manual or including the SMS practices in the training and procedures manual. 7. QUALITY ASSURANCE (QA) Provide a brief description of the QA practices, as required by regulation 10, by reference to a separate quality manual or including the QA practices in the training and procedures manual (refer to First Schedule, paragraph 9). 8. APPENDICES As required: a) sample progress test forms; b) sample logs, test reports and records; and c) a copy of the approved training organization’s approval document. Part II — Additional content for flight training organizations (utilizing aircraft) The training and procedures manual for ATOs that provide flight training utilizing aircraft should include additional elements to those indicated in Part I, as contained in paragraphs 9 to 12 of this Schedule. 9. FLIGHT TRAINING — GENERAL 9.1 Qualifications, responsibilities and succession of command of management and key operational personnel (in addition to paragraph 1.8 of this Schedule), including but not limited to: a) chief flight instructor; and b) chief ground instructor. 9.2 Policies and procedures (in addition to paragraph 1.9 of this Schedule) dealing with: a) approval of flights; b) responsibilities of the pilot-in-command; c) flight planning procedures — general; d) carriage of passengers; e) operational control system; f) reporting of safety hazards, incidents and accidents; g) duty periods and flight time limitations for flying staff members and students; 675 Official Gazette nº 21bis of 25/05/2015 and h) minimum rest periods for flying staff members and students. 9.3 Description of the facilities and equipment available (in addition to paragraph 1.10 of this Schedule), including: a) flight simulation training devices and training aircraft; b) maintenance facilities and apron parking areas for training aircraft; c) computer-based classrooms; and d) dispatch control and briefing areas. 10. AIRCRAFT OPERATING INFORMATION 10.1 Certification and operating limitations. 10.2 Aircraft handling, including: a) performance limitations; b) use of checklists; c) standard operating procedures; and d) aircraft maintenance procedures. 10.3 Instructions for aircraft loading and securing of load. 10.4 Fuelling procedures. 10.5 Emergency procedures. 11. ROUTES 11.1 Performance criteria, e.g. take-off, en route and landing. 11.2 Flight planning procedures including: a) fuel and oil requirements; b) minimum safe altitudes; c) planning for contingencies (e.g. emergency or diversion scenarios); and 676 Official Gazette nº 21bis of 25/05/2015 d) navigation equipment. 11.3 Weather minima for all instructional training flights during day, night, VFR and IFR operations. 11.4 Weather minima for all student training flights at various stages of training. 11.5 Training routes and practice areas. 12. FLIGHT TRAINING PLAN 12.1 Training curricula (in addition to paragraph 3.1.4 of this Schedule), including, as applicable, the: a) flying curriculum (single-engine); b) flying curriculum (multi-engine); c) theoretical knowledge curriculum; and d) flight simulation training curriculum. 12.2 The general arrangements of daily and weekly programmes for flying training, ground training and flight simulation training. 12.3 Training policies (in addition to paragraph 3.1.5 of this Schedule) in terms of: a) weather constraints; b) maximum student training times for flight, theoretical knowledge and flight simulation training, per day/week/month; c) restrictions in respect of training periods for students; d) duration of training flights at various stages; e) maximum individual student flying hours in any day or night period; f) maximum number of individual student training flights in any day or night period; and g) minimum rest periods between training periods. 677 Official Gazette nº 21bis of 25/05/2015 THIRD SCHEDULE ATO MANAGEMENT PERSONNEL RESPONSIBILITIES AND QUALIFICATIONS [Regulation 17(4) and 25(3)] PART A: GENERAL- FOR ALL APPROVED TRAINING ORGANISATIONS 1. The Accountable Manager: (a) Is the Chief Executive and corporate authority for ensuring that all training commitments are financed and carried out to the standard required by the Authority and any additional requirements defined by the aviation training organisation; and (b) May delegate in writing to another person within the organization, the day-to-day management but not the overall approval management responsibility. (2) The Accountable Manager shall possess the following qualifications: (a) A background in the management of training organizations (b) Knowledge of the Civil Aviation (Approved Training Organization) Regulations and the regulations and other materials published by the Authority that are applicable to the courses taught by the ATO; and (c) A thorough understanding of the organization and training program of the ATO. 2. Quality Manager (a) The Quality Manager shall: (i) have the primary role to verify, by monitoring activities in the field of training, that the standards required by the Authority, and any additional requirements as established by the ATO are being carried out properly; (ii) be responsible for ensuring that the Quality Assurance Programme is properly implemented, maintained and continuously reviewed and improved; (iii) have direct access to all parts of the ATO’s organization; and (iv) in the case of small ATO’s, the posts of the Head of Training and the Quality manager may be combined. (b) in the case that the posts of the Head of Training and the Quality manager are combined the quality audits shall be conducted by an independent personnel. (c) The minimum qualifications for Quality Manager are: (i) A technically qualified person in at one field of training to be conducted; (ii) At least three years experience in the training to be conducted; (iii) Must have successfully completed a training in quality management recognized by the Authority PART B - FLIGHT CREW TRAINING 1. Head of Training shall have: 678 Official Gazette nº 21bis of 25/05/2015 (a) (b) overall responsibility for ensuring satisfactory integration of flying training, synthetic flight training and theoretical knowledge instruction and for supervising the progress of individual students; and had extensive experience in training as a flight instructor for professional pilot licences and possess a sound managerial capability. (c) must have good interpersonal and communication skills, be technically competent and a person of integrity, be impartial in carrying out tasks, be tactful, have good understanding of human nature and posses the ability to get along with other people. 2. Chief Flight Instructor shall: (a) be responsible for the supervision of flight and synthetic flight instructors and for the standardisation of all flight instruction and synthetic flight instruction; (b) hold the highest professional pilot licence related to the flying training courses conducted; (c) hold the rating(s) related to the flying training courses conducted; (d) hold a flight instructor rating for at least one of the types of aircraft used on the course; and (e) must have good interpersonal and communication skills, be technically competent and a person of integrity, be impartial in carrying out tasks, be tactful, have good understanding of human nature and posses the ability to get along with other people. 3. Flight and Synthetic Flight Instructors (a) A Flight instructor shall hold: (i) a professional pilot licence and ratings related to the flying training courses conducted; (ii) a flight instructor rating on the types of aircraft used on the course; and (iii) an instrument rating instructor endorsement if he is to conduct instrument rating training. (b) A Synthetic flight instructor shall: (i) (ii) be a holder or have held a professional pilot licence; and possess an authorization from the Authority. 4. Chief Ground Instructor The Chief Ground Instructor shall: (a) be responsible for the supervision of ground instructors and for the standardisation of all ground instruction; hold a Ground Instructor’s licence in the field he is to give instructions; (b) (c) must have good interpersonal and communication skills, be technically competent and a person of integrity, be impartial in carrying out tasks, be tactful, have good understanding of human nature and posses the ability to get along with other people; and (d) have received training in the teaching and instructional techniques. 5. Ground instructors A Ground Instructor shall: (a) hold a Ground Instructor’s licence in the field he is to give instructions; (b) have good interpersonal and communication skills; (c) (d) be technically competent and a person of integrity; and have received training in the teaching and instructional techniques. 6. Flight engineer Instructors A Flight Engineer Instructor shall: 679 Official Gazette nº 21bis of 25/05/2015 (a) hold a flight engineer licence and ratings related to the training courses to be conducted; (b) hold an authorisation from the Authority on the course to be conducted; and (c) hold an authorization in accordance with the Civil Aviation (Personnel Licensing) Regulations if he is to conduct training in synthetic flight trainer. PART C - AIRCRAFT MAINTENANCE ENGINEERING TRAINING 1. Head of Training The Head of Training shall have: (a) overall responsibility for ensuring satisfactory integration of engineering training, that includes practical and theoretical knowledge instruction and for supervising the progress of individual students; or had a AME licence and extensive experience in training aircraft maintenance engineers and possess a sound managerial capability; and (b) (c) must have good interpersonal and communication skills, be technically competent and a person of integrity, be impartial in carrying out tasks, be tactful, have good understanding of human nature and posses the ability to get along with other people. 2. Chief Aircraft Maintenance Engineering Instructor The Chief Aircraft Maintenance Engineering Instructor shall: (a) be responsible for the supervision of instructions and for the standardisation of all engineering instructions and shall (b) hold an AME licence with ratings related to the courses to be conducted; (c) must have good interpersonal and communication skills, be technically competent and a person of integrity, be impartial in carrying out tasks, be tactful, have good understanding of human nature and posses the ability to get along with other people; and (b) have received training in the teaching and instructional techniques. 3. Aircraft Maintenance Engineering Instructor An Aircraft Maintenance Engineering Instructor shall: (a) hold an AME licence with ratings related to the courses to be conducted and (b) have received training in the teaching and instructional techniques. PART D - AIR TRAFFIC CONTROL TRAINING 1. Head of Training The Head of Training shall have: (a) overall responsibility for ensuring satisfactory integration of ATS training in both, theoretical and simulator training, and for supervising the progress of individual students; had extensive experience in training techniques and managerial capability; and (b) (c) must have good interpersonal and communication skills, be technically competent and a person of integrity, be impartial in carrying out tasks, be tactful, have good understanding of human nature and posses the ability to get along with other people; 2. Air Traffic Control Chief Instructor The Air Traffic Control Chief Instructor shall: 680 Official Gazette nº 21bis of 25/05/2015 (a) have had extensive experience in training techniques in the field of air traffic control; (b) be responsible for the supervision of the instructors and for the standardisation of all theoretical and simulator instructions; hold all the air traffic control ratings related to the ATC courses conducted; (c) (d) must have good interpersonal and communication skills, be technically competent and a person of integrity, be impartial in carrying out tasks, be tactful, have good understanding of human nature and posses the ability to get along with other people; and (e) have received training in the teaching and instructional techniques. 3. Air Traffic Control Instructor An Air Traffic Control Instructor shall: (a) hold an air traffic control licence with ratings related to the ATC courses to be conducted; and (b) have received training in the teaching and instructional techniques PART E - FLIGHT OPERATIONS OFFICER (FOO) TRAINING 1. Head of Training The Head of Training shall have: (a) overall responsibility for ensuring satisfactory integration of Flight Operations training in both, theoretical and practical training, and for supervising the progress of individual students; and (b) had extensive experience in training techniques and managerial capability; and (c) must have good interpersonal and communication skills, be technically competent and a person of integrity, be impartial in carrying out tasks, be tactful, have good understanding of human nature and posses the ability to get along with other people. 2. Flight Operations Chief Instructor, The Chief Instructor shall: (a) hold or held a Flight Operations Officer’s Licence; or (b) possess experience and training requirements for Flight Operations Officer licence as prescribed in the Civil Aviation (Personnel Licensing) Regulations; (c) be responsible for the supervision of all instructors and for the standardisation of all the instruction; (d) have good interpersonal and communication skills, be technically competent and a person of integrity, be impartial in carrying out tasks, be tactful, have good understanding of human nature and posses the ability to get along with other people; and (e) have received training in the teaching and instructional techniques. 3. Flight Operations Instructor The Flight operations Instructor shall: (a) hold a Flight Operations Officer’s Licence; or (b) possess experience and training requirements for Flight Operations Officer licence as prescribed in the Civil Aviation (Personnel Licensing) Regulations; and (c) have received training in the teaching and instructional techniques. Dr NZAHABWANIAMANA Alexis Minister of State in charge of Transport 681 Official Gazette nº 21bis of 25/05/2015 Seen and sealed with the Seal of the Republic: (sé) BUSINGYE Johnston Minister of Justice/Attorney General 682 Official Gazette nº 21bis of 25/05/2015 ANNEX XIII TO THE MINISTERIAL REGULATIONS Nº 02/MOS/TRANS/015 OF 08/04/2015 IMPLEMENTING THE LAW Nº 75/2013 OF 11/09/2013 ESTABLISHING REGULATION GOVERNING CIVIL AVIATION THE CIVIL AVIATION (AERODROMES) REGULATIONS 2015 ARRANGEMENT OF REGULATIONS PART I PRELIMINARY PROVISIONS Regulation Title 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Citation Use of common reference systems Categories of aerodromes PART II CONSTRUCTION OF AERODROMES Application of this Part Requirements for application for an aerodrome construction permit Issuance of aerodrome construction permits Design and construction of aerodrome Requirement for aerodrome design Aerodrome reference code PART III LICENSING OF AERODROMES Application of this Part Application for licence Conditions for issuance of licence Issuance of licence Breach of conditions of licence and non-conformance with the licensing requirements Aerodrome licence Validity of licence Renewal of licence Amendment of licence Suspension and cancellation of licence Surrender of licence Charges at licensed aerodrome Licences register 683 Official Gazette nº 21bis of 25/05/2015 23. Notification and furnishing of information PART IV CERTIFICATION OF AERODROMES Application of this Part Application for certificate Conditions for issuance of certificate Issuance of certificate Breach of conditions of certificate and non-conformance with certification requirements Validity of certificate Renewal of certificate Amendment of certificate Suspension and cancellation of certificate Surrender of certificate Charges at certificated aerodromes Certificates register PART V OBLIGATIONS OF AERODROME OPERATOR Application of this Part Compliance with conditions Competence of operational and maintenance personnel Aerodrome operations and maintenance Safety management system Storage of inflammable and other dangerous goods Safety measures against fire Access to and operations within restricted areas Entry into or exit from restricted areas of aerodrome Test-running of aircraft engine Certain acts prohibited on aerodrome Removal of obstructions from aerodrome movement surfaces Maintenance of environment management programme Protection of navigation aids Responsibilities of operator Inspection of aerodromes and unhindered access by inspectors of the Authority Notifying and reporting Aerodrome movement area inspections Special inspections Warning notices 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. PART VI AERODROME MANUAL 684 Official Gazette nº 21bis of 25/05/2015 Application of this Part Requirements for aerodrome manual Information to be included in aerodrome manual Amendment of aerodrome manual PART VII WILDLIFE HAZARD MANAGEMENT Application of this Part Animals not allowed in restricted areas of aerodrome Wildlife hazard management Wildlife hazard reduction at aerodrome National Committee on Wildlife Hazard Management PART VIII OBSTACLE RESTRICTIONS AND REMOVAL Application of this Part Erection of obstacles Establishment of obstacle limitation surfaces Authorisation to construct within the vicinity of an aerodrome Removal of obstacle Marking and lighting of obstacle PART IX AERONAUTICAL GROUND LIGHTING Application of this Part Establishment and maintenance of aeronautical ground lights Secondary power supply Aeronautical beacons PART X AERODROME VISUAL AIDS Application of this Part Wind direction indicators Signalling lamp Signal panel and signalling area Markings VOR aerodrome checkpoint marking Aircraft stand markings Apron safety lines Road-holding positions Mandatory instruction markings and signs Information marking Visual aids for denoting obstacles 685 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. Official Gazette nº 21bis of 25/05/2015 87. 88. Obstacles to be marked or lighted Visual aids for denoting restricted areas PART XI AERODROME OPERATIONAL SERVICES, EQUIPMENT, INSTALLATIONS AND FACILITIES 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. Application of this Part Immigration, customs and excise aerodromes Supply of aviation fuel to aircraft Aerodrome emergency planning Emergency planning committee Aerodrome emergency exercise Emergency operation centre and command post Emergencies in difficult environment Aerodrome rescue and fire fighting services Removal of disabled aircraft Apron management service Ground servicing of aircraft Aerodrome vehicle operation Location, construction and installation of equipment on operational areas Fencing of aerodromes and installations Maintenance of safety inspection programme Maintenance of fire prevention programme Access of ground vehicles to aerodrome movement area PART XII AERODROME MAINTENANCE Application of this Part Maintenance programme Maintenance of movement and adjacent areas Preventive maintenance of visual aids Construction or maintenance activity during low visibility operations Works at aerodromes PART XIII ELECTRICAL SYSTEMS 113. 114. Application of this Part Electrical power supply systems for air navigation services and facilities PART XIV INFORMATION TO BE REPORTED TO AERONAUTICAL INFORMATION SERVICES 115. 116. Application of this Part Availability of Information 686 Official Gazette nº 21bis of 25/05/2015 117. 118. 119. Action required for occurrences of operational significance other than those involving electronic aids and communication facilities Action required for occurrences that affect electronic aids and communication facilities Aeronautical data reporting PART XV MISCELLANEOUS Application of this Part Change of name of a licence or certificate holder Change of address of a licence or certificate holder Use and retention of licences, certificates and records Replacement of documents Aeronautical user charges Conditions for operating an aerodrome Standards for physical characteristics Dangerous light Lighting of en-route obstacles Land use in the vicinity of an aerodrome Aeronautical studies Deviations from standards Safety inspections and audits Obligation to insure an aerodrome Contravention of Regulations 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. 135. 136. PART XVII SAVINGS AND TRANSITION 137. 138. Savings and Transition Revocation SCHEDULES FIRST SCHEDULE - SYSTEMATIC MANAGEMENT OF SAFETY AT AERODROMES SECOND SCHEDULE - PARTICULARS TO BE INCLUDED IN AN AERODROME THIRD SCHEDULE - FOURTH SCHEDULE - MANUAL FOR AERODROMES IN CATEGORY A PARTICULARS TO BE INCLUDED IN AN AERODROME MANUAL FOR AERODROMES IN CATEGORIES B AND C PARTICULARS TO BE INCLUDED IN AN AERODROME MANUAL FOR AERODROMES IN CATEGORY D (HELIPORTS) FIFTH SCHEDULE - AERODROME DATA 687 Official Gazette nº 21bis of 25/05/2015 THE CIVIL AVIATION (AERODROMES) REGULATIONS 2015 PART I PRELIMINARY PROVISIONS Citation 1. These Regulations may be cited as the Civil Aviation (Aerodromes) Regulations, 2015 Interpretation 2. In these Regulations unless the context otherwise requires- “accuracy” means a degree of conformance between the estimated or measured value and the true value; “aerodrome” means a defined area on land or water (including any buildings, installations, and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft; “aerodrome beacon” means an aeronautical beacon used to indicate the location of an aerodrome from the air; “aerodrome elevation” means the elevation of the highest point of the landing area; “aerodrome facilities and equipment” means 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” means the manual that forms part of the application for a licence 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. “Aerodrome mapping database (AMDB)” a collection of aerodrome mapping data organized and arranged as a structured data set. “aerodrome reference code” means 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” means the designated geographical location of an aerodrome; “aeronautical beacon” means 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” means any light specially provided as an aid to air navigation, other than a light displayed on an aircraft; 688 Official Gazette nº 21bis of 25/05/2015 “Aeronautical Information Circular” means 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” means an aeronautical information publication of a lasting character essential to air navigation, issued by the Authority; “air traffic service” means a flight information service, alerting service, air traffic advisory service, or air traffic control service; “air traffic service unit” is a generic term meaning variously, air traffic control unit, flight information centre or air traffic services reporting office; “Aircraft Classification Number” means a number expressing the relative effect of an aircraft on a pavement for a specified standard subgrade category; “aircraft stand” means a designated area on an apron intended to be used for parking an aircraft; “apron” means 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” means a service provided to regulate the activities and the movement of aircraft and vehicles on an apron; “Authority” means the Rwanda Civil Aviation Authority established pursuant to the Laws of Rwanda “authorized person” means 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” means a landing manoeuvre that is unexpectedly discontinued at any point below the obstacle clearance altitude/height (OCA/H) “certificate” means the certificate to operate an aerodrome issued by the Authority under Part IV of these Regulations; “certified aerodrome” means an aerodrome whose operator has been granted an aerodrome certificate under Part IV of these regulations; “clearway” means 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; “controlled aerodrome” means an aerodrome where air traffic services are provided; 689 Official Gazette nº 21bis of 25/05/2015 “critical aircraft” means the most demanding aircraft in terms of its size and maximum take-off weight that is proposed to use an aerodrome facility; “declared distance” means - (a) “accelerate-stop distance available” which is the length of the take-off run available plus the length of the stopway, if provided; (b) “landing distance available” which is the length of the runway which is declared available and suitable for the ground run of an aircraft landing; (c) “take-off distance available” which is the length of the take-off run available plus the length of the clearway, if provided; (d) “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” mean articles or substances which are capable of posing a risk to health, safety, property or the environment; “datum” means any quantity or set of quantities that may serve as reference or basis for calculation of other quantities; “displaced threshold” means a threshold not located at the extremity of a runway; “geoid” means the equipotential surface in the gravity field of the earth the undisturbed Mean Sea Level extended which coincides with continuously through the continents; “geoid undulation” means the distance of the geoid above (positive) or below (negative) the mathematical reference ellipsoid; “gregorian calendar” means 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” means an aeronautical beacon used to designate a danger to air navigation; “heliport” means 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” means a defined area where aircraft can be held, or bypassed, to facilitate efficient surface movement of aircraft; “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. 690 Official Gazette nº 21bis of 25/05/2015 “human factor principles” means 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” means human capabilities and limitations, which have an impact on the safety and efficiency of aeronautical operations; “identification beacon” means an aeronautical beacon emitting a coded signal by means of which a particular point of reference can be identified; “incident” means 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” means any of the following types of runways intended for the operation of aircraft using instrument approach procedures - (a) “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; (b) “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; (c) “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; 691 Official Gazette nº 21bis of 25/05/2015 “integrity (aeronautical data)” means 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: a) 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; b) 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 c) 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 holding position” means 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” means Law No. 52/2010 of 20/01/2011 governing civil aviation in Rwanda; “landing area” means that part of a movement area intended for the landing or take-off of aircraft; “licence“ means a licence to operate an aerodrome issued by the Authority under Part III of these Regulations; “manoeuvring area” means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, excluding aprons; “Manual of Aerodrome Standards” means a manual developed by the Authority on aerodrome standards; “marker” means an object displayed above ground level in order to indicate an obstacle or delineate a boundary; “marking” means a symbol or group of symbols displayed on the surface of the movement area in order to convey aeronautical information; “Minister” means the Minister for the time being responsible for civil aviation; “movement area” means that part of the aerodrome to be used for take-off, landing and taxiing of aircraft, consisting of the manoeuvring area and apron(s); 692 Official Gazette nº 21bis of 25/05/2015 means shown “notify” 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” means a runway intended for the operation of aircraft using visual approach procedures; “obstacle” means any fixed (whether temporary or permanent) and mobile object, or part thereof, that: (a) is located on an area intended for the surface movement of aircraft; or (b) extends above a defined surface intended to protect aircraft in flight; or (c) stands outside those defined surfaces and that has been assessed as being a hazard to air navigation. “obstacle free zone” means 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” means 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; “operator” means a person operating an aerodrome licensed or certificated under these Regulations; “pavement Classification Number” means a number expressing the bearing strength of a pavement for unrestricted operations; “precision approach runway” (see instrument runway); “prescribed” means prescribed by the Authority in the Manual of Aerodrome Standards, Circulars, Orders, Notices, Aeronautical Publications and any other documents; “primary runway” means a runway used in preference to others whenever conditions permit; “recommended practice” means 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” means any authority other than the Civil Aviation Authority whose action may be necessary or complimentary for the implementation of these Regulations; 693 Official Gazette nº 21bis of 25/05/2015 “road” means an established surface route on the movement area meant for the exclusive use of vehicles; “road-holding position” means a designated position at which vehicles may be required to hold; “runway” means a defined rectangular area on a land aerodrome prepared for the landing and take-off of aircraft; “runway end safety area (RESA)” means 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-holding position” means 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” means a defined area including the runway and stopway, if provided, intended - (a) to reduce the risk of damage to aircraft running off a runway; and; (b) to protect aircraft flying over it during take-off or landing operations; “runway turn pad” means 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” means 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; “safety” means 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)” means a systematic approach to the necessary organizational structure, managing safety accountabilities, policies and procedures; including “signal area” means an area on an aerodrome used for the display of ground signals; “shoulder” means an area adjacent to the edge of a pavement, prepared to provide a transition between the pavement and the adjacent surface; “standard” means any for physical characteristics, configuration, material, performance, personnel or procedure, the uniform application of which is recognised as necessary for the safety of air navigation; specification 694 Official Gazette nº 21bis of 25/05/2015 “stopway” means 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; “taxiway” means 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 - (a) an aircraft stand taxilane which is a portion of an apron designated as a taxiway and intended to provide access to aircraft stands only; (b) 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; (c) 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 strip” means 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” means the beginning of that portion of the runway usable for landing; “touchdown zone” means the portion of a runway beyond the threshold, intended for landing aircraft on first contact with the runway; “unserviceable area” means a part of the movement area that is unfit and unavailable for use by aircraft; “vicinity” means 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” means feral birds and animals, including domestic animals out of the control of their owners; “wildlife hazard” means a potential for a damaging aircraft collision with wildlife on or near an aerodrome. Use of common reference systems 3. (1) The World Geodetic System – 1984 (WGS-84) shall be used as the horizontal reference system to express aeronautical geographical coordinates for aerodromes. (2) The Mean Sea Level datum shall be used as the vertical reference system (elevation) at aerodromes. 695 Official Gazette nº 21bis of 25/05/2015 (3) Except where notified in the Aeronautical Information Publication or the Aeronautical Information Circular of Rwanda, the Gregorian calendar and Coordinated Universal Time (UTC) shall be used as the temporal reference system. (4) Unless otherwise prescribed by the Authority, the International System of Units developed and maintained by the General Conference of Weights and Measures (CGPM) shall be used as the standard system of units of measurement. Categories of aerodromes 4. In these Regulations aerodromes shall be categorized as follows- (a) category A comprising aerodromes available for use by both international and domestic air traffic; (b) category B comprising aerodromes available for use by domestic air traffic including aircraft of maximum certificated take-off mass above five thousand seven hundred kilogrammes; (c) category C comprising aerodromes available for use by domestic air traffic of maximum certificated take-off mass not exceeding five thousands seven hundred kilogrammes; (d) category D comprising aerodromes available for use by helicopters only. PART II CONSTRUCTION OF AERODROMES Application this Part of Requirements for application for an aerodrome construction permit 5. 6. This Part applies to all categories of aerodromes except where otherwise specified. (1) A person shall not construct an aerodrome unless that person has a valid aerodrome construction permit issued under regulation 7. (2) An application for an aerodrome construction permit shall be considered for approval, where - (a) the applicant holds a valid authorization from a relevant authority for use of the place as an aerodrome; (b) the application is approved by the authority responsible for national environment management; (3) The Authority shall prior to issuance of a construction permit, assess the into suitability of consideration - (a) the proximity of the place to other aerodromes and landing areas the place proposed for construction taking (a) including military aerodromes; (b) obstacles, terrain and existing airspace restrictions; and (c) that it is not against public interest that the place where the aerodrome is to be constructed should be used as such. (4) An applicant for an aerodrome construction permit shall submit to the the prescribed form Authority for approval an application accompanied by – in 696 Official Gazette nº 21bis of 25/05/2015 (a) a detailed design of the proposed construction including related architectural requirements approved by the relevant authority; (b) aerodrome data in accordance with the characteristics of the aircraft for which the aerodrome is intended; and (c) a topographical map of the proposed aerodrome site as specified by the Authority. Issuance of aerodrome construction permits. Design and construction of aerodromes 7. 8. The Authority shall issue an aerodrome construction permit to an applicant where the application meets the requirements provided in regulation 6, the specifications as may be prescribed by the Authority and any other requirements as may be specified by any relevant authority. (1) 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. (2) 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. Requirements for aerodrome design 9. (1) An aerodrome design shall – (a) (a) (b) (c) (d) (a) indicate the physical characteristics as prescribed by the Authority; (b) indicate the obstacle limitation surfaces; (c) integrate security measures in accordance with the Civil Aviation (Security) Regulations; (d) indicate visual aids for navigation obstacles and restricted areas; (e) indicate the appropriate equipment and installations. (2) The physical characteristics, obstacle limitation surfaces, visual aids and equipment and installations, required under sub-regulation (1) shall - (a) be appropriate to the critical aircraft characteristics for which the aerodrome intends to serve; (b) be at the lowest meteorological minima for each runway; (c) provide ambient light conditions during the operations of aircraft; (d) comply with the appropriate aerodrome design standards as prescribed by the Authority. Aerodrome reference code 10. (1) An aerodrome reference code comprising a code number and a code letter shall be used for aerodrome planning purposes. (2) The Authority shall determine the aerodrome reference code in accordance with the critical aircraft characteristics for which the aerodrome facility is intended. (3) The aerodrome reference code numbers and code letters required under sub-regulation (1) shall be determined in accordance with specifications in Table 1. 697 Official Gazette nº 21bis of 25/05/2015 Table 1: Aerodrome reference code Code Element 1 Code Element 2 Code number (1) 1 2 3 4 Aerodrome reference field length (2) Less than 800 m 800 m up to but not including 1 200 m 1 200 m up to but not including 1 800 m 1 800 m and over Code letter (3) Wing span (4) Outer main gear wheel span (5) A B C D E F Up to but not including 15 m 15 m up to but not including 24 m 24 m up to but not including 36 m 36 m up to but not including 52m 52 m up to but not including 65 m 65 m up to but not including 80 m Up to but not including 4.5 m 4.5 m up to but not including 6 m 6 m up to but not including 9 m 9 m up to but not including 14 m 9 m up to but not including 14 m 14m up to but not including 16 m PART III LICENSING OF AERODROMES Application this Part of 11. This Part applies to aerodromes in categories B, C and D except where otherwise specified. Application for licence 12. An application for a licence shall be made in the prescribed form accompanied by - (a) an aerodrome manual; (b) a site plan for the aerodrome; (c) an environmental impact assessment report; (d) approval from any relevant authority; (e) proof of financial capability in the case of aerodromes in Category B; (f) particulars of any non-compliance or deviations from the appropriate aerodrome design, operation or equipment standards; and (g) charges as prescribed by the Authority in the Aeronautical Information Publication or Aeronautical Information Circular. Conditions for issuance of 13. (1) A licence may be issued subject to any conditions that may be prescribed by the Authority. 698 licence Issuance of licence Official Gazette nº 21bis of 25/05/2015 (2) 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. (3) Subject to sub regulation (4), 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. (4) An aerodrome operator may refuse an aircraft from using the aerodrome except in an emergency situation. 14. (1) The Authority shall issue a licence in the prescribed form and manner where - (a) 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; (b) the physical characteristics of the aerodrome and its surroundings are safe for use by aircraft; and (c) an applicant for a licence complies with the Civil Aviation (Security) Regulations where applicable. (2) 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. (3) 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. (4) A person shall not operate an aerodrome without a licence issued by the Authority. Breach of conditions of licence and non- conformance with the licensing requirements Aerodrome licence 15. (1) The breach of any condition subject to which a licence is issued including any approval, permission or exemption shall render the licence invalid. (2) 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. 16. (1) A licence shall specify - (a) the category of the Aerodrome and the aerodrome reference code; (a) (b) the restrictions, if any, relating to non-compliance with or deviations from the appropriate aerodrome design, operation or equipment standards; (c) the period of validity of the licence. (2) A licence issued under these Regulations shall not be transferable. 699 Official Gazette nº 21bis of 25/05/2015 Validity of licence 17. (1) 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 regulation 20. (2) 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. (3) Notwithstanding sub-regulation (2), where an aerodrome licence is suspended for a period of less than thirty days, a holder of the licence shall surrender the licence immediately. Renewal of licence 18. (1) An application for the renewal of a licence shall be made to the Authority in the prescribed form and shall be accompanied by - (a) the aerodrome manual if significant changes have been made following the initial licensing; (b) particulars of deviations, if any, from the appropriate design, operation or equipment standards; and (c) the appropriate charges as prescribed by the Authority in the Aeronautical Information Publication or Aeronautical Information Circular. (2) An application for renewal shall be submitted sixty days before the expiry of the licence. (3) 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. Amendment of licence 19. (1) An application for amendment of a licence shall be submitted in a form prescribed by the Authority. (2) The Authority may request that the application be accompanied by any or all of the following - (a) an aerodrome manual; (b) a site plan for the aerodrome; (c) an environmental impact assessment report; (d) approval from any relevant authority; (e) proof of financial capability in the case of aerodromes in Category B; (f) particulars of any non-compliance or deviations from the appropriate aerodrome design, operation or equipment standards; and (g) charges as prescribed in the Aeronautical Information Publication or Aeronautical Information Circular by the Authority. (3) The Authority may, provided the requirements of regulations 14, are met, where necessary, amend a licence - (a) for a change in the use or operation of the aerodrome; (b) for a change in the boundaries of the aerodrome; (c) if the holder of the licence requests an amendment; or (d) if the Authority deems it necessary. 700 Suspension and cancellation of licence Official Gazette nº 21bis of 25/05/2015 20. (1) The Authority may suspend an aerodrome licence where - (a) 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; (b) the holder of the licence prevents the Authority from carrying out a safety inspection or audit in accordance with these Regulations; (c) the holder of the licence is under receivership, liquidation or bankruptcy proceedings; (d) it is deemed necessary in the interest of aviation safety. (2) The Authority may, on giving reasons to the holder of a licence, suspend the licence for a period not exceeding sixty days. (3) A holder of a licence who is notified of a suspension in sub regulation (2) may submit a response in writing within a period not exceeding fourteen days. (4) Notwithstanding sub regulation (3), the Authority may suspend any or all of the operations at an aerodrome pending receipt of a response from the holder. (5) 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. (6) Where an appeal is made under sub-regulation (5), 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. (7) The Minister may vary or set aside the suspension made under sub- regulation (2) on the basis of the reasons given in the appeal under sub- regulation (5). (8) Where a holder of a licence does not appeal against the suspension in accordance with sub-regulation (5), the Authority may cancel the licence, on giving reasons to the holder of a licence. Surrender of licence 21. (1) Subject to sub-regulation (2), a holder of a licence may surrender the licence to the Authority at any time. (2) 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 (3) The Authority shall cancel the licence upon the expiry of the period of notice in sub-regulation (2). (4) Where, after the expiry of the period in sub-regulation (2), 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 regulation 52 (f). 701 Charges at licensed aerodrome 22. Official Gazette nº 21bis of 25/05/2015 (1) A holder of a licence shall prescribe charges for the use of the aerodrome or of any facilities provided at the aerodrome for the safety, security, efficiency or regularity of air navigation. (2) Where required by the Authority, a holder of a licence shall, furnish particulars of the charges levied for the use of an aerodrome or the performance of services at the aerodrome. (3) Notwithstanding sub regulation (1), the Authority may where necessary, prescribe the maximum charges which may be levied for the use of an aerodrome or the performance of services at the aerodrome, for a specified period. (4) A holder of a licence of the aerodrome for which the Authority prescribes charges under sub-regulation (3) shall not cause or permit any charges to be made in contravention of that sub-regulation. (5) A holder of a licence of an aerodrome for which the Authority prescribes charges shall cause the prescribed charges to be posted in a conspicuous place at the aerodrome. Licences register 23. (1) The Authority shall maintain a register of all licences issued in accordance with these Regulations. (2) The register shall contain - (a) the full name of the holder of an aerodrome licence; (b) the nationality of the holder of a licence; (c) the postal, telephone, facsimile and e-mail addresses of a holder of a (a) (b) licence; (c) (d) the name and location of the aerodrome for which a licence is issued; (d) (e) (f) (e) the number of the licence; (f) the date on which the licence was issued; and (g) any other relevant information. Notification and furnishing of information 24. An aerodrome operator shall - (a) 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 (b) upon request, furnish to an authorised person, information concerning the terms of the licence. PART IV CERTIFICATION OF AERODROMES Application this Part of 25. (1) This Part applies to aerodromes in category A. (2) The Authority may, by notice in the Gazette, determine the aerodromes in category B to which this Part may apply. 702 Official Gazette nº 21bis of 25/05/2015 Application for certificate 26. An application for a certificate shall be submitted in a form prescribed by the Authority and shall be accompanied by - Conditions for issuance of certificate Issuance of certificate (a) two copies of the aerodrome manual; (b) a site plan for the aerodrome; (c) an environmental impact assessment report; (d) approval from any relevant authority; (e) proof of financial capability; (f) particulars of any non-compliance or deviations from the appropriate aerodrome design, operation or equipment standards; and (g) charges as prescribed by the Authority in the Aeronautical Information Publication or Aeronautical Information Circular. 27. (1) A certificate may be issued subject to any conditions that may be prescribed by the Authority. (2) 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. 28. (1) The Authority shall issue a certificate in the prescribed form and manner where the Authority is satisfied that - (a) 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; (b) the aerodrome manual prepared for the aerodrome and submitted with the application contains all the relevant information; (c) the aerodrome facilities, services and equipment are established in accordance with approved standards and recommended practices; (d) the aerodrome operating procedures make satisfactory provision for the safety of aircraft; (e) an approved safety management system is in place; (f) the applicant has an approved aviation security programme in accordance with the Civil Aviation (Security) Regulations. (2) The issuance of a 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. (3) The Authority may refuse to grant a certificate to an applicant 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. (4) A person shall not operate an aerodrome unless that person holds a certificate issued by the Authority in accordance with this Part. 703 Breach of conditions of certificate and non- conformance with the certification requirements Validity of certificate Renewal of certificate Official Gazette nº 21bis of 25/05/2015 (5) The Authority may give its consent to and issue an instrument of transfer of an aerodrome certificate to a transferee when: (a) 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; (b) the current holder of the aerodrome certificate notifies the (c) Authority, in writing, of the name of the transferee; 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 (d) the requirements set out in sub-regulation (1) are met in respect of the transferee. 29. (1) The breach of any condition subject to which a certificate is issued including any approval, permission or exemption shall render the certificate invalid. (2) The Authority shall impose operating restrictions or sanctions at a certified aerodrome in the event of non-conformance with the certification requirements or any unresolved safety concerns. 30. A certificate shall be valid for a period of one year, unless the certificate is suspended, cancelled or revoked in accordance with these Regulations. 31. (1) An application for the renewal of a certificate shall be made to the Authority in the prescribed form and shall be accompanied by - (a) the aerodrome manual if significant changes have been made following the initial certification; (b) particulars of deviations, if any, from the appropriate design, operation or equipment standards; and (c) the appropriate charges as prescribed by the Authority in the Aeronautical Information Circular . (2) An application for renewal shall be submitted sixty days before the expiry of the certificate. (3) 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. 704 Official Gazette nº 21bis of 25/05/2015 Amendment of certificate 32. (1) An application for amendment of a certificate shall be submitted in a form prescribed by the Authority. (2) The Authority may, provided the requirements of regulations 28, are met, where necessary, amend an aerodrome certificate - (a) for a change in the use or operation of the aerodrome; (b) for a change in the boundaries of the aerodrome; (c) if the holder of the aerodrome certificate requests an amendment; or (d) if the Authority deems it necessary. Suspension and cancellation of certificate 33. (1) The Authority may suspend a certificate where - (a) 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; (b) the holder of the certificate prevents the Authority from carrying out a safety inspection or audit in accordance with these Regulations; (c) the holder of the certificate is under receivership, liquidation or bankruptcy proceedings; (d) it is deemed necessary in the interest of aviation safety. (2) The Authority may, on giving reasons to the holder of a certificate, suspend the certificate for a period not exceeding sixty days. (3) A holder of a certificate who is notified of a suspension in sub regulation (2) may submit a response in writing within a period not exceeding fourteen days. (4) Notwithstanding sub regulation (3), the Authority may suspend any or all of the operations at an aerodrome pending receipt of a response from the holder. (5) 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. (6) Where an appeal is made under sub-regulation (5), 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. (7) The Minister may vary or set aside the suspension made under sub- regulation (2) on the basis of the reasons given in the appeal under sub- regulation (5). (8) Where a holder of a certificate does not appeal against the suspension in accordance with sub-regulation (5), the Authority may cancel the certificate, on giving reasons to the holder of a certificate. Surrender of certificate 34. (1) Subject to sub-regulation (2), a holder of a certificate may surrender the certificate to the Authority at any time. (2) 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. 705 Charges at certified aerodrome 35. Official Gazette nº 21bis of 25/05/2015 (3) The Authority shall cancel the certificate upon the expiry of the period of notice in sub-regulation (2). (4) Where, after the expiry of the period in sub-regulation (2), 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 regulation 50 (f). (1) A holder of a certificate shall prescribe charges for the use of the aerodrome or of any facilities provided at the aerodrome for the safety, security, efficiency or regularity of air navigation. (2) Where required by the Authority, a holder of a certificate shall, furnish particulars of the charges levied for the use of an aerodrome or the performance of services at the aerodrome. (3) Notwithstanding sub regulation (1), the Authority may where necessary, prescribe the maximum charges which may be levied for the use of an aerodrome or the performance of services at the aerodrome, for a specified period. (4) A holder of a certificate of the aerodrome for which the Authority prescribes charges under sub-regulation (3) shall not cause or permit any charges to be made in contravention of that sub-regulation. (5) A holder of a certificate of an aerodrome for which the Authority prescribes charges shall cause the prescribed charges to be posted in a conspicuous place at the aerodrome. Certificates register 36. (1) The Authority shall maintain a register of all certificates issued in accordance with these Regulations. (2) The register shall contain - (a) the full name of the holder of an aerodrome certificates; (b) the nationality of the holder of a certificate; (c) the postal, telephone, facsimile and e-mail addresses of a holder of a certificate; (d) the name and location of the aerodrome for which a certificate is issued; (e) the number of the certificate; (f) the date on which the certificate was issued; and (g) any other relevant information. PART V OBLIGATIONS OF AERODROME OPERATOR Application this Part of Compliance with conditions and prescribed standards 37. This Part applies to all categories of aerodromes except where otherwise specified. 38. (1) An aerodrome operator shall comply with conditions, if any, endorsed on a licence or certificate. 706 39. Competence of operational and maintenance personnel Aerodrome operations and maintenance 40. Official Gazette nº 21bis of 25/05/2015 (2) An aerodrome operator shall comply with the standards prescribed by the Authority. (1) An operator shall ensure that there is an adequate number of qualified and skilled personnel to perform activities for aerodrome operation and maintenance. (2) Where the Authority or any other relevant authority requires competence certification for the personnel of an aerodrome, the operator shall employ only the required certification. those persons with (1) 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. (2) The Authority may give written directives to an operator to alter the procedures set out in an aerodrome manual. (3) An operator shall ensure proper and efficient maintenance of the aerodrome facilities. (4) Where air traffic services are provided at an aerodrome, the operator shall co-ordinate with the air traffic services, to ensure the safety of aircraft operating in the airspace, associated with the aerodrome. Safety management system 41. (1) An operator of an aerodrome shall have a safety management system that complies with the requirements specified in the First Schedule and the standards specified in the Manual of Aerodrome Standards (2) This regulation shall not apply to aerodromes in categories B, C and D aerodromes. Storage of inflammable and other dangerous goods 42. 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. Safety measures against fire 43. (1) A person shall not - (a) smoke within any place, or bring an open flame into any place, where that act is prohibited by a displayed notice; (b) 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; (c) wilfully give a false fire alarm; (d) tamper or interfere with any fire hose reel, hydrant or any other item of equipment provided for fire fighting purposes; 707 Access to and operations within restricted areas 44. Official Gazette nº 21bis of 25/05/2015 (e) 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 (f) store, stack or use any material or equipment in a manner which (e) constitutes or is likely to constitute a fire hazard. (2) An operator shall display in conspicuous places appropriate signage in respect of the acts prohibited under sub regulation (1). (1) 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. (2) A person authorised to access a restricted area under sub-regulation (1) shall not - (a) move an aircraft or a vehicle in the restricted area except with the permission and directions issued by the air traffic services personnel; (b) move an aircraft or vehicle in the restricted area in a manner that endangers the safety of persons and property; (c) use a portion of the aerodrome for landing or taking off, other than the area designated for that purpose. 45. Entry into or exit from restricted areas of aerodrome (1) 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. (2) Except in an emergency or at an appropriate point of entry or exit established by an operator for that purpose, a person - (a) other than a person carried in an aircraft or in a vehicle, shall not enter or leave a restricted areas of an aerodrome; or (a) (b) shall not move an aircraft on the surface of an aerodrome or a vehicle into or from the restricted area. Test-running of aircraft engine 46. 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. Certain acts prohibited on aerodrome 47. (1) A person shall not, on an aerodrome- (c) obstruct or interfere with the proper use of the aerodrome ; (a) (d) obstruct any person executing his or her duties at the aerodrome ; (b) (e) remove or deface any notice, writing, document or marking erected or displayed by the aerodrome operator; (c) (f) throw, leave or drop anything capable of causing injury to any person or damage to any property; (d) (g) dump any waste matter except at a place approved for the purpose by the aerodrome operator; 708 Official Gazette nº 21bis of 25/05/2015 (e) (h) 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. (2) Except with the permission of the operator, a person shall not - (a) interfere or tamper with any part of the aerodrome or any equipment associated with the operation of the aerodrome; (a) (b) (b) climb any wall, fence, barrier, ceiling, gate or post on an aerodrome; (c) handle any baggage or carry baggage for a passengers at an aerodrome; (d) bring a vehicle into or drive into an aerodrome; or (e) (e) obstruct an entrance to or a passage at an aerodrome in a manner that inconvenience other users of the entrance or passage. Removal of obstructions from the aerodrome surface 48. An operator shall remove from the aerodrome surface any vehicle or other obstruction that is likely to be hazardous to aircraft operations. 49. Maintenance of environment management programme (1) 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. (2) An operator shall ensure that the environment management programme established under sub-regulation (1) minimises the effects of any hazards or potential hazards taking into account the provisions of the laws on environmental management. (3) This regulation shall not apply to aerodromes in categories C and D. Protection of navigation aids 50. An operator shall in consultation with the Authority - (a) 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; (b) as far as it is within the authority of the operator, prevent any interruption of visual or electronic signal of navigation aids. Responsibilities of operator 51. An operator shall - (a) (a) maintain the aerodrome in a serviceable condition; (b) keep the aerodrome free of unauthorized persons, vehicles and animals which are not under proper control or any other obstructions; (b) (c) (c) mark all obstructions in accordance with the prescribed guidelines; (d) inform the Authority of any alterations to obstruction or works on the aerodrome; 709 Official Gazette nº 21bis of 25/05/2015 (d) (e) (e) install approved wind direction indicators to show the surface direction of the wind and ensure that they function satisfactorily; (f) 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; (f) (g) avail facilities and ensure that they are in serviceable condition and (g) (h) that all apparatus installed function efficiently; (h) appropriately mark the unserviceable areas on the landing terrain; (i) 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; (j) submit to the Authority reports on the condition of the aerodrome as may be required by the Authority; (k) ensure that organisations performing activities at the aerodrome comply with safety requirements specified by the operator; and (l) report all incidents and accidents at the aerodrome to the Authority. (1) 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. (2) For the purpose of facilitating the functions of the Authority specified in sub-regulation (1), 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. (1) An operator shall notify and report to the Authority, the air traffic control unit and pilots, within the specified time limits, information on - (a) any inaccuracies in the Aeronautical Information Publication; (b) any changes to the aerodrome facilities, equipment and level of service planned in advance; (c) 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. (2) 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 sub-regulation (1) (c), the operator shall give immediate notice, directly to the pilots who may be affected by that circumstance. 710 52. Inspection of aerodromes and unhindered access by inspectors of the Authority Notifying and reporting 53. Official Gazette nº 21bis of 25/05/2015 Aerodrome movement area inspections 54. 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. Special inspections 55. (1) An operator shall inspect an aerodrome - (a) as soon as practicable after any accident or incident; (b) during any period of construction or repair of the aerodrome facilities or equipment that is critical to the safety of aircraft operation; and (c) at any other time when there are conditions at the aerodrome that may affect aviation safety. (2) An operator shall notify and report to the Authority, within the specified time limits, information on any special inspection carried out under sub regulation (1). Warning notices 56. 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 - (a) post hazard warning notices to that effect, on any public way that is adjacent to the manoeuvring area; or (b) where the public way is not controlled by the operator, inform the relevant authority of the hazard. PART VI AERODROME MANUAL Application this Part of Requirements for aerodrome manual 57. This Part applies to all categories of aerodromes except where otherwise specified. 58. (1) Upon making an application for a licence or a certificate the applicant shall submit to the Authority an aerodrome manual for approval. (2) An aerodrome manual shall - (a) be typewritten or printed; (b) be signed by the operator; (c) be in a format that is easy to revise; (d) have a system for recording the current pages and any amendments, including a page for logging revisions; and (e) be organized in a manner that facilitates the preparation, review and approval processes. (3) 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. (4) 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. 711 Official Gazette nº 21bis of 25/05/2015 Information to be included in aerodrome manual 59. (1) An aerodrome manual shall contain all information and instructions necessary to enable the personnel of an aerodrome perform their duties. (2) Notwithstanding sub regulation (1), and to the extent that the particulars are applicable, a manual for an aerodrome in category A shall include the particulars provided in the Second Schedule, for an aerodrome in category B and C the particulars provided in the Third Schedule and for an aerodrome in category D, the particulars provided in the Fourth Schedule. (3) Where a person is given an exemption in accordance with Part XV, 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. (4) For the purpose of maintaining the accuracy of the information in an aerodrome manual – (a) an operator shall whenever necessary, amend the aerodrome (b) manual; or the Authority may issue a written directive requiring the operator to alter or amend the aerodrome manual. (5) Notwithstanding sub-regulation (4), an operator shall submit the proposed amendment to the Authority for approval, before the aerodrome manual is amended. (6) The Authority shall approve the amendment made to an aerodrome manual where the amendment meets the requirements of these Regulations. PART VII WILDLIFE HAZARD MANAGEMENT 60. In this Part, regulation 62 applies to all categories of aerodromes and regulations 63, 64 and 65 apply to aerodromes in categories A and B. 61. (1) 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. (2) Subject to sub-regulation (1), 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. (3) In this regulation, “animal” means a domesticated animal and a bird. 712 . Application of this Part Animals not allowed in restricted areas of aerodrome Official Gazette nº 21bis of 25/05/2015 Wildlife hazard management 62. (1) An operator shall, in consultation with the authority responsible for wildlife, take necessary action to control wildlife hazards at the aerodrome. (2) 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. (3) The wildlife management plan of an aerodrome shall be approved by the Authority and shall form part of the aerodrome manual. Wildlife hazard reduction at aerodrome 63. (1) An operator shall, in consultation with the authority responsible for wildlife, take all reasonable steps to minimize the risks associated with wildlife strike hazards. (2) An operator shall take practical measures to control the wildlife habitat at or around the aerodrome and to disperse birds, which are a potential hazard to aircraft operations. (3) A wildlife strike hazard on, or in the vicinity of, an aerodrome shall be assessed through - (a) the establishment of a national procedure for recording and reporting wildlife strikes to aircraft; (b) 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 (c) an ongoing evaluation of the wildlife hazard by competent personnel. (4) 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. (5) 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. (6) 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. (7) Subject to sub-regulation (6), 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. (8) 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. 713 Official Gazette nº 21bis of 25/05/2015 (9) An operator shall give due consideration to aviation safety concerns related to land developments in the vicinity of the aerodrome that may attract wildlife. (10) An operator shall establish a wildlife hazard control unit to control and manage the wildlife hazard. (11) The operator shall cause records of all aspects of wildlife hazard control to be kept and shall report all wildlife strikes to the Authority. (12) 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. National Committee on Wildlife Hazard Management 64. (1) There shall be a National Committee on Wildlife Hazard Management for the purpose of – (a) analysing wildlife hazard problems at aerodromes; (b) carrying out research and development on wildlife hazard management; (c) acting as an interface between the aerodrome operators and air operators; (d) advising aerodrome operators on wildlife hazard management; and (e) reviewing the effectiveness of the wildlife hazard management programmes at aerodromes. (2) The Committee shall be established by the National Authority responsible for airports and shall consist of persons from: (f) the ministries responsible for civil aviation, local government, and defence; (g) the Authority; (h) aerodrome operators; (i) aircraft operators; (j) air navigation service providers; and (k) agencies responsible for wildlife services. (3) The Committee shall be chaired by the Chief Executive of the National Authority responsible for airports. (4) Notwithstanding sub-regulation (2), the establishment and functions of the Committee shall be in accordance with requirements prescribed by the Authority. PART VIII OBSTACLE RESTRICTIONS AND REMOVAL Application this Part of 65. This Part applies to all categories of aerodromes. 714 Erection of obstacles 66. 67. Establishment of obstacle limitation surfaces Official Gazette nº 21bis of 25/05/2015 (1) 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. (2) 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. (3) The object referred to in sub-regulation (2) includes a new object or an extension of an existing object above the obstacle limitation surface. (4) 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. (1) Notwithstanding regulation 9, an operator shall ensure that obstacle limitation surfaces are established for the aerodrome in accordance with the standards prescribed by the Authority. (2) An operator shall monitor the established obstacle limitation surfaces around the aerodrome for infringement by objects, buildings or other structures. Authorisation to construct within the vicinity of an aerodrome 68. (1) A person shall not construct a building or a structure within the vicinity of an aerodrome unless authorised by the Authority. Removal of obstacle 69. (2) Where the Authority is consulted regarding a proposed construction in sub regulation (1), the Authority shall cause an aeronautical study of the effect of the construction on operation of aircraft, to be carried out. (3) Not withstanding the provision of sub regulation (1), no human activities shall be allowed to be carried out within a distance of 20 meters from the aerodrome boundaries (4) For the purpose of this regulation; “human activities” include construction activities, agricultural activities, settlement, transport activities (1) A person shall remove any obstacle in the vicinity of 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. (2) The Authority may direct the removal of any obstacle which, in the opinion of the Authority, constitutes a hazard to aircraft operations. (3) 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. 715 Marking and lighting of obstacle 70. Official Gazette nº 21bis of 25/05/2015 (1) 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. (2) The markings and lights referred to in sub-regulation (1) shall be in accordance with the standards and guidelines prescribed by the Authority. (3) An operator shall, where practicable, ensure that all fixed obstacles to be marked in accordance with sub-regulation (1) are coloured as prescribed by the Authority. (4) Where the conditions required in sub-regulation (3) 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. (5) 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. (6) An obstacle lighted in accordance with sub-regulation (1) 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. PART IX AERONAUTICAL GROUND LIGHTING Application this Part. of 71. This Part applies to aerodromes in categories A. 72. Establishment and maintenance of aeronautical ground lights (1) 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 stopways. (2) 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. (3) Without prejudice to the generality of sub-regulation (1), the location, characteristics, intensity control and settings of aeronautical ground lights shall be in accordance with specifications prescribed by the Authority. (4) 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. (5) Except with the permission of the Authority, a person shall not establish, maintain or alter the character of – (a) an aeronautical beacon within Rwanda except an aeronautical beacon which is or may be visible from the waters; 716 Official Gazette nº 21bis of 25/05/2015 (b) 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. (6) A person shall not – (a) intentionally or negligently damage an aeronautical ground light;, or (b) interfere with an aeronautical ground light without the permission of the operator. (7) 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. Secondary power supply Aeronautical beacons 73. An operator shall not operate or maintain an aerodrome provided with runway lighting, without a secondary power supply. 74. (1) An operator shall provide, where necessary, at each aerodrome intended for use at night, an aerodrome beacon, where – (a) aircraft navigate predominantly by visual means; (b) reduced visibility is frequent; or (c) it is difficult to locate the aerodrome from the air due to a surrounding light or terrain. (2) 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. (3) The location and characteristics of an aerodrome and identification beacon described in sub-regulations (1) and (2) shall be in accordance with specifications prescribed by the Authority. PART X AERODROME VISUAL AIDS Application this Part of 75. This Part applies to all categories of aerodromes. Wind direction indicators 76. (1) An operator shall provide and maintain at least one wind direction indicator for an aerodrome. (2) The wind direction indicator required under sub-regulation (1) 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. (3) The characteristics of the wind direction indicator, the methods and procedures for installation and maintenance shall be in accordance with the methods and procedures prescribed by the Authority. 717 Official Gazette nº 21bis of 25/05/2015 Signalling lamp 77. (1) An operator shall ensure that a signalling lamp is provided at a controlled aerodrome in the aerodrome control tower. (2) The characteristics and operating procedure of a signalling lamp shall be in accordance with specifications prescribed by the Authority. Signal panel and signalling area 78. Markings 79. (1) The Authority may where it deems necessary, require a signalling panel and a signalling area to be provided at an aerodrome for safe operation of aircraft. (2) Where provided, the location and the characteristics of the signal area shall be in accordance with specifications prescribed by the Authority. (1) An operator shall provide markings for paved runway centreline, 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, the Authority. in accordance with specifications prescribed by (2) Runway marking shall be white in colour. (3) Taxiway markings, runway turn pad markings and aircraft stand markings shall be yellow in colour. (4) Apron safety-lines shall be of a conspicuous colour, which shall contrast with that used for aircraft stand markings. (5) 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 the specifications prescribed by the Authority. VOR aerodrome checkpoint marking 80. (1) An operator shall ensure that where a VOR aerodrome checkpoint is established at an aerodrome, it is indicated by a VOR aerodrome checkpoint sign. (2) The VOR aerodrome checkpoint location and characteristics shall be in accordance with specifications prescribed by the Authority. Aircraft stand markings 81. An operator shall provide aircraft stand markings for designated parking positions on a paved apron in accordance with specifications prescribed by the Authority. Apron safety lines 82. An operator shall provide apron safety lines on a paved apron as required by the parking configuration and ground facilities and in accordance with specifications prescribed by the Authority. Road-holding positions 83. (1) An operator shall provide road-holding position markings at all road entrances to a runway. (2) The road-holding position markings provided under sub-regulation (1) shall be located across the road at all the holding positions. (3) The road-holding position marking shall be as prescribed by the Authority. 718 84. Mandatory instruction markings and signs Official Gazette nº 21bis of 25/05/2015 (1) 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. (2) Where it is impracticable to install a mandatory instruction marking and a sign in accordance with sub-regulation (1), a mandatory instruction marking or sign shall be provided on the surface of the pavement. (3) The location and characteristics of the mandatory instruction marking or sign shall be in accordance with specifications prescribed by the Authority. (4) An operator shall provide signs to convey mandatory instructions and information on a specific location or destination on a movement area, or to provide surface movement guidance and control. (5) The location and characteristics of the signs referred to in sub-regulation (4) shall be in accordance with the specifications prescribed by the Authority. Information marking Visual aids for denoting obstacles Obstacles to be marked or lighted Visual aids for denoting restricted areas 85. 86. 87. An operator shall in accordance with specifications prescribed by the Authority, where an information sign is required but is physically impossible to install. information marking, install 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. 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 the specifications prescribed by the Authority. 88. (1) 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. (2) Without prejudice to the generality of sub-regulation (1), 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 the specifications prescribed by the Authority. PART XI AERODROME OPERATIONAL SERVICES, EQUIPMENT, INSTALLATIONS AND FACILITIES Application of this Part 89. This Part applies to all categories of aerodromes except where otherwise specified. 719 Immigration, customs and excise aerodromes Supply of aviation fuel to aircraft 90. 91. Official Gazette nº 21bis of 25/05/2015 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. (1) 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 - (a) 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; (b) 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. (2) 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. (3) 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. (4) An operator may subject to the approval granted under sub-regulation (3), ensure compliance with any conditions as the operator may impose, in order to safeguard persons or property on the ground. (5) An operator of an aviation fuel installation shall keep a written record in respect of each installation managed by that operator. (6) The record in sub-regulation (5) shall include - (a) particulars of the grade and quantity of aviation fuel delivered and the date of delivery; (b) particulars of all samples taken of the aviation fuel and of the results of the tests of those samples; and (c) particulars of the maintenance and cleaning of the installation. (7) 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. 720 Official Gazette nº 21bis of 25/05/2015 (8) 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. (9) For the purpose of this regulation - (a) “aviation fuel” means fuel intended for use in an aircraft; and (b) “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. Aerodrome emergency planning 92. (1) An operator shall establish an aerodrome emergency plan at the aerodrome, which shall - (a) be commensurate with the aircraft operations and activities conducted at the aerodrome; and (b) provide for the coordination of the actions to be taken in the event of an emergency occurring at the aerodrome or in its vicinity. (2) An emergency referred to in sub-regulation (1) includes an aircraft emergency, natural disasters and sabotage including bomb threats, improper handling, unlawful seizure of aircraft, transportation and storage of dangerous goods and occurrences of building fires and public health emergencies. the effect of (3) 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 - (a) 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; (b) 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. (4) The emergency plan shall include - (a) the types of emergencies planned for; (b) agencies to be involved in the plan; (a) 721 Emergency planning committee Aerodrome emergency exercise 93. 94. Official Gazette nº 21bis of 25/05/2015 (c) the responsibility and role of each agency, the emergency operation (b) centre and the command post for each type of emergency; (d) names and contacts of offices or people to be contacted in the case of (c) a particular emergency; and (e) a grid map of the aerodrome and its immediate vicinity. (d) (5) 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. (6) This regulation applies to aerodromes in category A. (1) An operator shall form an emergency planning committee to discuss, arrangements determine commensurate with the size and type of aircraft that use the aerodrome. emergency planning implement and (2) This regulation applies to aerodromes in category A, (1) An emergency plan established under regulation 93 shall contain procedures for periodic testing of the adequacy of the plan and for reviewing of the results in order to improve its effectiveness. (2) Without prejudice to the generality of sub-regulation (1), the plan shall be tested by conducting - (a) 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; (b) 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;; and reviewed thereafter, or after an actual emergency, so as to correct any deficiency found during such exercises or actual emergency. (c) contingency plan exercises in accordance with the Civil Aviation (Security) Regulations. (3) This regulation applies to aerodromes in category A. 95. Emergency operation centre and command post (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. (2) This regulation shall apply to aerodromes in category A. Emergencies in difficult environment 96. (1) 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 regulation 93 shall include the ready availability of, and co-ordination with, appropriate specialist rescue services to be able to respond to emergencies. 722 Aerodrome rescue and fire fighting services 97. Official Gazette nº 21bis of 25/05/2015 (2) At those aerodromes located close to water and/or swampy areas, or difficult terrain, the aerodrome emergency plan should include the intervals of a testing and assessment at regular establishment, predetermined response for the specialist rescue services (3) 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. (4) 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. (5) This regulation applies to aerodromes in category A. (1) An operator shall put in place rescue and firefighting facilities commensurate with the category of the aerodrome as specified in Table 2. (2) 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. (3) 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 sub-regulations (4) and (5) 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.. (4) 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 width. (5) 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. 723 Official Gazette nº 21bis of 25/05/2015 Table 2 – Aerodrome category for rescue and fire fighting Aircraft overall length Maximum fuselage width Aerodrome fire category 1 2 3 4 5 6 7 8 9 10 0 M up to but not including 9 M 9 M up to but not including 12 M 12 M up to but not including 18 M 18 M up to but not including 24 M 24 M up to but not including 28 M 28 M up to but not including 39 M 39 M up to but not including 49 M 49 M up to but not including 61 M 61 M up to but not including 76 M 76 M up to but not including 90 M 2M 2M 3M 4M 4M 5M 5M 7M 7M 8M (6) Both principal and complementary agents prescribed by the Authority shall normally be provided at an aerodrome. (7) The principal extinguishing agent should be: (a) a foam meeting the minimum performance level A; or (b) a foam meeting the minimum performance level B; or (c) a foam meeting the minimum performance level C; or (d) 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. (8) The complementary extinguishing agent should be a dry chemical powder suitable for extinguishing hydrocarbon fires. (9) 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 sub- regulations (3) and (4) 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. (10) 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. (11) 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. (12) 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. (13) 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. 724 Official Gazette nº 21bis of 25/05/2015 (14) 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. (15) The amount of foam concentrate provided on a vehicle should be sufficient to produce at least two loads of foam solution. (16) Supplementary water supplies, for the expeditious replenishment of rescue and fire fighting vehicles at the scene of an aircraft accident, should be provided. (17) 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 these quantities should be documented for each vehicle and applied to the overall rescue and firefighting requirement. Table 3 - Minimum usable amounts of extinguishing agents Foam meeting performance level A Foam meeting performance level B Foam meeting performance level C Complementary agents Aerodrome fire Category Water (L) Discharge rate Foam solution/ minute (L) Water (L) Discharge rate Foam solution/ minute (L) Water (L) Discharge rate foam solution/minute (L) Discharge rate (kg/sec) Dry Chemical Powder (DCP) (kg) (1) (2) (3) (4) (5) (6) 1 2 3 4 5 6 7 8 9 10 350 1000 1800 3600 8100 11800 18200 27300 36400 48200 350 800 1300 2600 4500 6000 7900 10800 13500 16600 230 670 1200 2400 5400 7900 12100 18200 24300 32300 230 550 900 1800 3000 4000 5300 7200 9000 11200 160 460 820 1 700 3 900 5 800 8 800 12 800 17 100 22 800 (7) 160 360 630 1 100 2 200 2 900 3 800 5 100 6 300 7 900 (8) 45 90 135 135 180 225 225 450 450 450 (9) 2.25 2.25 2.25 2.25 2.25 2.25 2.25 4.5 4.5 4.5 (18) The discharge rate of the foam solution shall not be less than the rates shown in Table 3. (19) The complementary agents shall comply with the appropriate specifications of the International Organization for Standardisation (ISO). (20) The discharge rate of complementary agents should be no less than the values shown in Table 3. (21) Dry chemical powders should only be substituted with an agent that has equivalent or better firefighting capabilities for all types of fires where complementary agent is expected to be used. (22) 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. (23) 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. 725 Official Gazette nº 21bis of 25/05/2015 (24) 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. (25) Where a major delay in the replenishment of the supplies is anticipated, the amount of reserve supply in sub-regulations 22, 23 and 24 should be increased as determined by a risk assessment. (26) 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. (27) 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 firefighting services shall be provided, as prescribed by the Authority. (28) Any vehicles, other than the first responding vehicle(s), required to deliver the amounts of extinguishing agents specified in Table 3 shall ensure continuous agent application and shall arrive no more than four minutes from the initial call. (29) 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. (30) 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. (31) 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 and fire fighting vehicle Aerodrome fire category Number of rescue and fire fighting vehicles 1 2 3 4 5 6 7 8 9 10 1 1 1 1 1 2 2 3 3 3 (32) The Authority may prescribe alternative means of compliance with this regulation for aerodromes in categories C and D. 726 Removal of disabled aircraft Official Gazette nº 21bis of 25/05/2015 (33) 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. 98. (1) An operator shall have in place a plan for the removal of disabled aircraft from the movement area or adjacent to it. (2) The plan for the removal of disabled aircraft shall be based on the characteristics of the type of aircraft operations and shall include - (a) a list of equipment and personnel available for the purpose; (b) arrangement for the rapid receipt of aircraft recovery equipment kits from other aerodromes, where applicable; and (c) the name of the co-ordinator designated to implement the plan. (3) The plan under this regulation shall include particulars of the procedures for removing a disabled aircraft on the movement area or adjacent to it. (4) This regulation shall not apply to aerodromes in categories B, C and D unless otherwise specified by the Authority. Apron management service 99. (1) An operator shall provide an apron management service at an aerodrome where air traffic service is provided at that aerodrome. (2) The apron management service established under sub-regulation (1) 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. (3) Subject to sub-regulation (2), 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. (4) An operator shall ensure that, where an apron management service is established, radio communication facilities are provided. (5) Where low visibility procedures are in effect, persons and vehicles operating in the apron shall be restricted to the essential minimum. (6) 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. (7) 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. (8) This regulation does not apply to aerodromes in categories C and D unless otherwise specified by the Authority. (1) 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. 727 Ground servicing of aircraft 100. Aerodrome vehicle operation 101. Official Gazette nº 21bis of 25/05/2015 (2) 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 - (a) the use of a sufficient number of exits for expeditious evacuation; and (b) a ready escape route from each of the exits to be used in an emergency. (1) 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. (2) A person shall not operate a vehicle on an apron of an aerodrome except where authorized by the operator. (3) A vehicle operating on the movement area shall have a rotating beacon. (4) 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 (5) 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. (6) 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. (7) 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. (8) 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. (9) This regulation shall not apply to aerodromes in categories C and D unless otherwise specified by the Authority. 102. Location, construction and installation of equipment on operational areas (1) 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. 728 Official Gazette nº 21bis of 25/05/2015 (2) 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. Fencing of aerodromes and installations 103. (1) An operator of an aerodrome shall provide a fence or a suitable barrier on the aerodrome - (a) to prevent the entrance into the movement area, of any animals likely to be a hazard to aircraft; and (b) to deter the inadvertent or premeditated access of an unauthorised person onto a non-public area of the aerodrome. (2) 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. (3) The fence or barrier required under sub-regulation (1) 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. (4) 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. (5) Where the Authority deems it necessary for security reasons, the fence or barrier provided under sub-regulation (1) 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. (6) This regulation applies to aerodromes in category A. (7) This regulation applies to aerodromes in category B except where deemed otherwise by the Authority. Maintenance of safety inspection programme 104. (1) An operator shall establish and maintain a safety inspection programme for the aerodrome. (2) The safety inspection programme shall - (a) provide procedures to ensure that competent aerodrome personnel execute the programme effectively; and (b) provide a reporting system to ensure prompt correction of unsafe aerodrome conditions noted during any inspection. Maintenance of fire prevention programme 105. (1) 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. 729 Official Gazette nº 21bis of 25/05/2015 (2) 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. (3) An operator shall ensure that unsafe practices that may result in fire are not performed on the aerodrome or within its vicinity. (4) Notwithstanding sub-regulation (3) 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 duration of the practices. 106. (1) An operator shall - Access of ground vehicles to aerodrome movement area (a) limit the access of any ground vehicles used for aerodrome and aircraft operations, to the aerodrome manoeuvring area; (b) 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; (c) provide adequate measures to ensure that ground vehicles operating in the aerodrome movement area are controlled by signs, arranged signals or standards prescribed by the Authority, where an air traffic service unit is not in operation at the aerodrome; pre- (d) 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. (2) 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. (3) In this regulation, “gear” includes a vest, band, overcoat, helmet and socks. PART XII AERODROME MAINTENANCE Application of this Part 107. This part shall apply only to aerodromes in categories A and B. 730 Official Gazette nº 21bis of 25/05/2015 Maintenance programme 108. (1) 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. (2) In this regulation - (a) “facility” includes a pavement, visual aid, fencing, drainage system and building; (b) “preventive maintenance” means programmed maintenance work done to prevent failure or degradation of a facility. Maintenance of movement and adjacent areas 109. (1) An operator shall at all times ensure that - (a) (b) (c) (d) (e) (f) (a) 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; (b) the surface of the runway is maintained in a condition that precludes formation of harmful irregularities such as water pools and rough surfaces; (c) runway surface friction characteristics for maintenance purposes is periodically measured with a continuous friction measuring device using self-wetting features and documented; (d) 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; (e) 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; (f) 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; (g) the surfaces of the paved runways, taxiways and aprons, are maintained in a condition that provides good friction characteristics and low rolling resistance; (h) 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. (i) 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; 731 Preventive maintenance of visual aids 110. Official Gazette nº 21bis of 25/05/2015 (j) 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. (k) 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 firefighting service and documented in a snow plan. (l) 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. (m) 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. (2) 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. (1) An operator shall not operate an aerodrome unless a system of preventive maintenance of visual aids is employed at the aerodrome. (2) The system of preventive maintenance required under sub-regulation (1) shall, if employed for instrument precision approach runways categories I and II include - (a) visual inspections and in-field measurement of the intensity, beam spread and orientation of lights included in the approach and runway lighting systems; (b) control and measurement of the electrical characteristics of each circuitry included in the approach and runway lighting systems; and (c) control of the correct functioning of the light intensity settings used by air traffic control unit. (3) 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. (4) 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. (5) An operator who is required to employ a system of preventive maintenance under sub-regulation (1), 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. 732 Official Gazette nº 21bis of 25/05/2015 Construction or maintenance activity during low visibility operations 111. 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. Works at aerodromes 112. (1) 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. (2) The procedures and precautions in sub-regulation (1) shall comply with standards prescribed by the Authority. PART XIII ELECTRICAL SYSTEMS Application of this Part 113. (1) This part shall apply to aerodromes in category A . (2) This part may apply to aerodromes in categories B, C, and D where deemed necessary by the Authority Electrical power supply systems for air navigation services and facilities 114. (1) 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. (2) 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. the operator shall arrange (3) Where secondary power is required for air navigation services and the electric power supply facilities, connections so as to ensure that the facilities are automatically connected to the secondary power supply upon failure of the primary power supply. (4) Sub-regulation (3) 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. (5) At an aerodrome where the primary runway is an instrument non- precision approach runway, a secondary power supply capable of fulfilling the requirements of sub-regulation (3) 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. (6) 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 - (a) the signalling lamp and the minimum lighting necessary to enable air traffic services personnel to carry out their duties; (b) all obstacle lights which, in the opinion of the Authority are essential to ensure the safe operation of aircraft; 733 Official Gazette nº 21bis of 25/05/2015 (a) (c) approach, runway and taxiway lighting; (b) (d) meteorological equipment; (c) (e) essential security lighting, if provided; (d) (f) essential equipment and facilities for the aerodrome emergency agencies; (e) (g) floodlighting on a designated isolated aircraft packing position if provided; and (h) illumination of apron areas over which passengers may walk. (7) The maximum switch-over time between failure of the primary source of power and the secondary source of power for the services required by sub-regulation (6) shall be as indicated in Table 5. Table 5 - Secondary power supply requirements Runway Type Lighting aids requiring power Maximum switch-over time Non- instrument Non- precision approach Precision approach category I 15 seconds 15 seconds 15 seconds 15 seconds 15 seconds 15 seconds 15 seconds 15 seconds 15 seconds 15 seconds 15 seconds 15 seconds 15 seconds 15 seconds 15 seconds 15 seconds 15 seconds 15 seconds 1 second 15 seconds 15 seconds 15 seconds 1 second 1 second 1 second 1 second 1 second 15 seconds 15 seconds c Runway Note meant for 1 second a. Supplied with secondary power when their operation is essential to the safety of take-off in 1 second flight operation. runway 1 second c. One second where no runway centre line lights are provided. 15 seconds visual d. One second where approaches are over hazardous or precipitous terrain. 15 seconds range conditions Visual approach slope indicatorsa Runway edgeb Runway thresholdb Runway endb Obstacle Approach lighting system Visual approach slope indicators a,d Runway edge d Runway threshold d Runway end Obstacle a Approach lighting system Visual approach slope indicators a,d Runway edge d Runway threshold d Runway end Essential taxiways a Obstacle a Inner 300 m of the approach lighting system Other parts of the approach lighting system Obstacle a Runway edge Runway threshold Runway end Runway centre line Runway touchdown zone All stop bars Essential taxiway Runway edge Runway end Runway centre line All stop bars Essential taxiway a Obstacle a Precision approach category II 734 less than a value of 800 m Official Gazette nº 21bis of 25/05/2015 (8) 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. PART XIV INFORMATION TO BE REPORTED TO AERONAUTICAL INFORMATION SERVICES Application of this Part 115. This part shall apply to all categories of aerodromes. Availability of Information 116. (1) 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. (2) An operator shall be responsible for notifying the 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. (3) An operator shall provide information on the following for the guidance of pilots and other operators - (a) status of licensing/certification of the aerodrome; (b) construction or maintenance work on or immediately adjacent to the manoeuvring area; (a) (c) unserviceable portions of any part of the manoeuvring area; (b) (d) the runway surface conditions when affected by water, damp, wet, water patches or flooded, as appropriate; (c) (e) parked aircraft or other objects on, or immediately adjacent to the taxiways; (d) (f) the presence of other temporary hazards; (e) (g) failure or irregular operation of any part of the aerodrome lighting system, or of the aerodrome main and secondary power supplies; (f) (h) failure, irregular operation and changes in the operational status of any electronic approach or navigation aid, or aeronautical communication facility; (g) (i) failures and changes in the runway visual range observer system; and (j) any other information of operational significance. 735 Official Gazette nº 21bis of 25/05/2015 117. Action required for occurrences of operational significance other than those involving electronic aids and communication facilities (1) Where any of the following conditions occur or are anticipated, an operator shall take immediate action to amend the information contained the Aeronautical Information Circular and where necessary, in promulgate the Aeronautical Information Services using the Aeronautical Information Services address notified in the Aeronautical Information Circular - the change by NOTAM through (a) 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; (b) significant changes in aerodrome lighting and other visual aids; (c) presence or removal of temporary obstructions to aircraft operation in the manoeuvring area; (d) presence of airborne hazards to air navigation; (e) 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; (a) (f) failure of or return to operation of hazard beacons and obstruction lights on or in the vicinity of the aerodrome; (b) (g) erection or removal of obstructions to air navigation, and erection or removal of significant obstacles in take-off, climb or approach areas; (c) (h) air displays, air races, parachute jumping, or any unusual aviation activity; and (d) (i) any other information of operational significance. (2) Where any of the conditions in sub-regulation (1) arises at short notice, an operator shall notify the Aeronautical Information Services for promulgation of a NOTAM. (3) Where any of the conditions in sub-regulation (1) is intended, the operator shall make a written request to the Aeronautical Information Services, Information Publication and Aeronautical Information Circular or for supplementary action. the amendment of the Aeronautical for 118. (1) An operator or a person in charge of a navigation facility shall initiate NOTAM action - Action required for occurrences that affect electronic aids and communication facilities (a) for the establishment or withdrawal of electronic aids to air navigation; and 736 Aeronautical data reporting 119. Official Gazette nº 21bis of 25/05/2015 (b) for changes in the regularity or reliability of operation of any electronic aid to air navigation or aeronautical communication facility. (2) 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. (1) An operator shall provide to the Authority for promulgation, accurate aeronautical data as specified in the Fifth Schedule to these Regulations. (2) 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. (3) 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. (4) 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. (5) Without prejudice to the generality of sub-regulations (1), (2), (3) and (4), 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. (6) Aerodrome mapping data shall be made available to the aeronautical information services for all certified aerodromes. (7) The selection of the aerodrome mapping data features to be collected and made available in accordance with sub-regulation (6), shall be made with consideration of the intended applications. (8) The aerodrome mapping data made available in accordance with sub- regulation (6), shall comply with the accuracy and integrity requirements in prescribed by the Authority (9) Subject to sub-regulation (5), based on the applicable integrity classifications, the validation and verification procedures shall: - (a) for routine data: avoid corruption throughout the processing of the data; (b) 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; (c) 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. 737 Official Gazette nº 21bis of 25/05/2015 PART XV EXEMPTIONS Application of this Part Application for exemption 120. This regulation shall apply to all categories of aerodromes. 121. (1) A person may apply to the Authority for an exemption from any provision of these Regulations. (2) An application for an exemption from any provision of these Regulations shall be submitted at least sixty days before the proposed effective date of exemption. (3) An application for exemption shall contain - (a) the name, physical address, mailing address, telephone number, fax number and email address of the applicant, where available; (b) the specific requirement from which the applicant seeks exemption; (c) justification for the exemption; (d) a description of the type of operations to be conducted under the proposed exemption; (e) the proposed duration of the exemption; (f) a detailed description of the alternative means by which the applicant is to ensure a level of safety equivalent to that established by the regulation from which the exemption is applied for; (g) a review of any known safety concerns related to the required exemption, including information about any relevant accidents or incidents of which the applicant is aware; (h) where the applicant seeks to operate under the proposed exemption outside of Rwanda air space , an indication as to whether the exemption may contravene any provision of the standards and any regulations pertaining to the airspace in which the operation is to occur; and (i) any other relevant information that may be required by the Authority. (4) Where the applicant seeks emergency processing of an application for exemption, the application shall contain facts and reasons to support the reasons for not filing the application within the time specified in sub regulation (2) and satisfactory reasons for deeming the application an emergency. (5) The Authority may refuse an application made under sub-regulation (4) where in the opinion of the Authority, the reasons given for the exemption are not satisfactory. (6) An application for exemption shall be accompanied by a fee specified by the Authority. Initial review by the Authority 122. -(1) The Authority shall review an application for exemption for accuracy and compliance with the requirements of regulation 122 738 Official Gazette nº 21bis of 25/05/2015 (2) Where the Authority determines that the application for exemption meets the requirements of this Part and that a review of its merits are justified, the Authority shall notify and may publish in the Gazette or at least one local daily newspaper of wide circulation, a detailed summary of the application, for public comment, specifying the date by which the comments are to be received by the Authority for consideration. (3) Where the applicant does not meet the requirements of regulations 122, the Authority shall inform the applicant and no further action shall be taken on that application. Evaluation of application for exemption 123. -(1) The Authority shall conduct an evaluation of an application after the initial review in accordance with regulation 123, to determine whether - (a) the proposal by the applicant provides a level of safety equivalent to that established by the regulation from which the exemption is sought; (b) a grant of the exemption would contravene the applicable standards; (c) the request shall be granted or refused and any conditions or limitations that may be part of the exemption. (2) The Authority shall inform the applicant in writing and publish a detailed report of its evaluation and decision to grant or deny the application for exemption. (3) The report referred to in sub-regulation (2) shall specify the duration of the exemption and any conditions or limitations of the exemption. (4) Where an exemption affects a significant population of the aviation industry in Rwanda, the Authority shall publish the report in the Aeronautical Information Circular. PART XV MISCELLANEOUS Application of this Part Change of name of a licence or certificate holder 124. This part shall apply to all categories of aerodromes except where otherwise specified. 125. A holder of a licence or certificate may apply to the Authority to change the name of the holder of the licence or certificate. (2) An application in sub regulation (1) shall be accompanied by - (a) the current licence or certificate; and (b) a court order, or any other legal document verifying the change of name, if any. (3) The Authority shall change the name of the holder and issue a replacement licence or certificate with the appropriate endorsement. (4) The Authority shall retain copies of the documents submitted under sub regulation (2). 739 Official Gazette nº 21bis of 25/05/2015 126. Change of address of a licence or certificate holder -(1) A holder of a licence or certificate, shall inform the Authority of – (a) change in the physical address at least fourteen days in advance; and (b) the mailing address upon the change. (2) 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 sub regulation (1), the Authority may suspend the licence or certificate. Use and retention of licences, certificates and records 127. -(1) A person shall not - (a) 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; (b) forge or alter a licence, certificate, approval, permission, exemption or any other document issued or required by or under these Regulations; (c) lend a licence, certificate, approval, permission, exemption or any other document issued or required by or under these Regulations to any other person; or (d) make any false representation for the purpose of procuring for himself, herself or any other person the issue, renewal or variation of licence, certificate, approval, permission or exemption or other an document. (2) A person shall not, during the period for which it is required under these Regulations to be preserved - (a) mutilate, alter, render illegible or destroy a licence, certificate or any entry made in any record; (b) knowingly make, procure or assist in the making of any false entry in a licence, certificate or record, or (c) wilfully omit to make a material entry in an licence, certificate or record. (3) A record required to be maintained under these Regulations shall be recorded in a permanent and indelible material. (4) 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. (5) The Authority may suspend or cancel a licence or certificate of an operator who contravenes any provision of these Regulations. Replacement of documents 128. holder of a licence or certificate who requires a replacement of the licence or certificate may apply to the Authority in the prescribed form 740 Official Gazette nº 21bis of 25/05/2015 Aeronautical user charges 129. (1) The Authority shall notify of the fees to be charged in connection with – (a) the issue, validation, renewal, extension or variation of any licence, certificate or any other document, including a copy of any of these; (b) investigation; (c) the grant of any permission or approval required for the purpose of the undertaking of any examination, inspection or test, these Regulations. (2) Where an application for which any fee is chargeable under sub- regulation (1) is made, the applicant shall, before the application is processed, pay the required fee. (3) The Authority shall not refund the fees where an application is withdrawn after payment of fees is made or where the application ceases to have effect or is refused. Conditions for operating an aerodrome 130. 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. Standards for physical characteristics 131. A person shall not operate an aerodrome unless the physical characteristics of the aerodrome comply with the standards prescribed by the Authority and any publications as may be published or approved by the Authority. Dangerous light 132. (1) 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. (2) Where a light appears to the Authority to be capable of endangering the safety of aircraft as described in sub-regulation (1), 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. (3) 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. Lighting of en- route obstacles 133. (1) 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 – (a) positioned as close as possible to the top of the obstacle; and (b) 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. 741 Official Gazette nº 21bis of 25/05/2015 (2) 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. (3) Subject to sub-regulation (2), 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. (4) 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. (5) 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. (6) For the purpose of this regulation – (a) “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; (b) “medium intensity steady light” means a light, which complies with the characteristics described for a medium intensity type C light as specified in the Manual of Aerodrome Standards. Land use in the vicinity of an aerodrome Aeronautical study Deviations from standards Safety inspections and audits 134. All land use practices and activities in the vicinity of an aerodrome shall conform to the guidelines prescribed by the Authority. 135. Where an aerodrome does not meet the requirements of prescribed standards, the Authority may determine, after carrying out aeronautical studies, the conditions and procedures that are necessary to ensure a level of safety equivalent to that established by the relevant prescribed standard. 136. Any deviation from a prescribed standard or procedure in these Regulations shall be set out in an endorsement on the aerodrome manual. 137. The Authority shall – (a) 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; (b) 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. Obligation to insure an aerodrome 138. (1) 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. 742 Official Gazette nº 21bis of 25/05/2015 (2) A policy of insurance shall be of no effect for the purposes of sub regulation (1) unless- (a) 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 (b) the operator has sent, or caused to be sent, to the Authority a copy of such certificate. (3) If the policy of insurance at any time or for any reason ceases to 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. (4) 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. (5) 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. (6) This regulation shall not apply to aerodromes in categories C and D unless required by the Authority. ______________________ FIRST SCHEDULE ____________ Regulation 41 _________ PART A 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. 3. Interpretation In this Schedule, 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. 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. 743 Official Gazette nº 21bis of 25/05/2015 4. Safety Management Policy Statements Safety Management Systems (SMS) established at aerodromes shall include the following- (a) a statement that the highest priority shall be attached to safety in relations to all business activities; (b) a business objective for safety that shall minimise the aerodrome’s contribution to aviation accidents risk to as low as reasonably practicable; (c) a commitment by the aerodrome operator to adopt an explicit and pro-active approach to safety management; (d) statements of safety-related responsibilities and accountabilities at all organization; levels of the (e) a commitment to comply with all appropriate safety standards; (f) a commitment that the safety assurance processes used by external suppliers comply with safety standards and requirements; (g) 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 (1) (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. (b) An operator shall assess all existing operations, proposed changes, additions or replacements for their safety significance. (c) 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. (d) 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. (2) (a) An operator shall ensure that there is accountability, at a suitable senior level for the management, development and monitoring of the safety management system. (b) 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. (c) 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 Schedule – (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 (1) An operator shall establish processes to identify safety shortcomings, so that remedial action can be taken to ensure safety levels are maintained. 744 Official Gazette nº 21bis of 25/05/2015 (2) The basic principles to be applied in the safety management strategy shall include - (a) safety achievement; specifying the means by which the safety performance of the organization meets its safety objectives and derived requirements; (b) safety assurance; specifying the means for providing assurance that risks are being managed properly and effectively; (c) safety performance monitoring and measurement; specifying the means to verify safety performance of the organisation and to validate the effectiveness of safety risk controls; (d) 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. (3) An operator shall develop and maintain a formal process to: (a) ensure that hazards in operations are identified. (b) identify changes within the organisation which may affect processes and services and shall describe arrangements to ensure safety performance before implementing changes. (c) 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. 7. Operational safety assurances documentation An operator shall produce and maintain safety assurance documentation, and this documentation shall cover- (a) all safety related roles and functions; (b) a safety based risk assessment of the roles and functions where practicable; (c) a process of risk management for safety related tasks and functions to ensure that identified risks remain tolerable; (d) safety performance measurements of the current operations as part of the ongoing risk management; and (e) corrective procedures and measures that modify the original tasks or functions to address inadequate performance. 8. 9. An operator shall, when intending to introduce new systems into operation, or introduce The aerodrome operator shall also submit an application for approval if the intended changes Safety assurance documentation on systems requiring approval (1) changes to, or replace existing systems, submit an application for approval by the Authority. (2) 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. Safety assessment methodology The safety assessment of the aerodrome shall involve - (a) systematic identification of possible hazards to aircraft; (b) evaluation of the seriousness of the consequences of the hazard occurring; (c) considering the chances of a hazard happening; (d) determining whether the consequent risk is tolerable and within the operators acceptable safety performance criteria; and (e) 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. 745 Official Gazette nº 21bis of 25/05/2015 10. Safety auditing of aerodromes An operator shall carry out internal safety auditing of the aerodrome in order to determine - (a) the level of compliance with requirements; (b) the areas and degree of risk and their effective management; and (c) the competence and performance of those responsible for safety. PART B AIRCRAFT ACCIDENT AND INCIDENT REPORTING AND INVESTIGATION AT AERODROMES 1. Aerodrome occurrence reporting (1) 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. (2) The objectives of the aerodrome occurrence reports are as follows - (a) to ensure that knowledge of these occurrences is disseminated so that other persons and organizations may learn from them; and (b) 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 and reporting procedures (1) 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. (2) For the purpose of this Schedule - (a) “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- (aa)being in the aircraft, or (bb) direct contact with any part of the aircraft, including parts which have become detached from the aircraft, or (cc) 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- (aa) adversely affects the structural strength, performance or flight characteristics of the aircraft; and (bb) 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. (b) “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) an 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; 746 Official Gazette nº 21bis of 25/05/2015 (vi) a take-off or landing incident such as undershooting; or overrunning or running off the side of runways; or (v)a major failure of any navigation aid when a runway is in use; (c) “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. (3) 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. (4) 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 - (a) the date and local time of occurrence; (b) the exact location of the occurrence with reference to some easily defined geographical point ; (c) detailed particulars of the parties involved, including the owner, operator, manufacturer, nationality, registration marks, serial numbers, assigned identities of aircraft and equipment; (d) a detailed description of the sequence of events leading up to the incident; (e) 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; (f) the identification of the person sending the notice and where the incident occurred; (g) 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 (h) a description of the follow-up action being taken after the incident has occurred. Aerodrome occurrence records (1) 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. (2) An operator shall use aerodrome occurrence reports to monitor and improve the level of operational safety, including reviews of safety standards required. (3) The Authority may require the operator to produce and provide information contained in the aerodrome occurrence report relating to any safety occurrence or event. Aircraft accident and incident investigation (1) In the event of an accident or serious incident, an operator shall carry out its own investigations. (2) 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. (3) 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. (4) The lesson learnt derived from an aerodrome incident or accident investigation shall be disseminated to personnel to provide feedback for safety improvement. 747 3. 4. Official Gazette nº 21bis of 25/05/2015 (5) 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. (6) An operator shall inspect his aerodrome, as circumstances require, to ensure safety as soon as practicable after any aircraft accident or incident. 748 Official Gazette nº 21bis of 25/05/2015 ______________________ SECOND SCHEDULE ____________ REGULATIONS 59 _________ PARTICULARS TO BE INCLUDED IN AN AERODROME MANUAL FOR AERODROMES IN CATEGORY A GENERAL PART I: General information, including the following - (a) (b) purpose and scope of the aerodrome manual; the legal requirement for an certificate and an aerodrome manual as prescribed in the national regulations; 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; the available aeronautical information system and procedures for its promulgation; the system for recording aircraft movements; and obligations of the operator. PARTICULARS OF THE AERODROME SITE PART 2: General information, including the following - (a) 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; a plan of the aerodrome showing the aerodrome boundaries; 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 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. (c) (d) (e) (f) (b) (c) (d) PART 3: PARTICULARS OF THE AERODROME REQUIRED TO BE REPORTED TO THE AERONAUTICAL INFORMATION SERVICE 1. General Information (a) (b) (c) the name of the aerodrome; the location of the aerodrome; the geographical coordinates of the aerodrome reference point determined in terms of the World Geodetic System - 1984 reference datum; the aerodrome elevation and geoid undulation; 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; the aerodrome reference temperature; details of the aerodrome beacon; and (d) (e) (f) (g) 749 Official Gazette nº 21bis of 25/05/2015 (h) the name of the operator and the address, telephone and facsimile numbers at which the operator may be contacted at all times. 2. Aerodrome dimensions and related information General information, including the following - (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) 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; length, width and surface type of strip, runway end safety areas, stopways; length, width and surface type of taxiways; apron surface type and aircraft stands; clearway length and ground profile; 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; the location and radio frequency of VOR aerodrome checkpoints; the location and designation of standard taxi routes; the geographical coordinates of each threshold; the geographical coordinates of appropriate taxiway centre line points; the geographical coordinates of each aircraft stand; 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); pavement surface type and bearing strength using the Aircraft Classification Number - Pavement Classification Number method; one or more pre-flight altimeter check locations established on an apron and their elevation; declared distances: take-off run available, take-off distances available, accelerate-stop distance available, landing distance available; 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 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. PART 4: PARTICULARS OF THE AERODROME OPERATING PROCEDURES AND SAFETY MEASURES 1. Aerodrome reporting 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 - (a) arrangements for reporting any changes to the Authority and recording the reporting of changes 750 2. 3. 4. 5. Official Gazette nº 21bis of 25/05/2015 (b) (c) during and outside the normal hours of aerodrome operations; 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 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 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 - (a) 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 the personnel responsible for controlling access to the aerodrome, and the telephone numbers for contacting them during and after working hours. (b) Aerodrome emergency plan Particulars of the aerodrome emergency plan, including the following - (a) 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; details of test and aerodrome facilities and equipment to be used in emergencies, including the frequency of those tests; details of exercises to test emergency plans, including the frequency of those exercises; 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; the establishment of an aerodrome emergency committee to organize training and other preparations for dealing with emergencies; and the appointment of an on-scene commander for the overall emergency operation. (b) (c) (d) (e) (f) Rescue and fire-fighting 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 Particulars of the procedures for the inspection of the aerodrome movement area and obstacle limitation surfaces, including the following - (a) 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; arrangements and means of communicating with air traffic control during an inspection; arrangements for keeping an inspection logbook, and the location of the logbook; details of inspection intervals and times; inspection checklist; arrangements for reporting the results of inspections and for taking prompt follow-up actions to ensure correction of unsafe conditions; and the names and roles of persons responsible for carrying out inspections, and their telephone (b) (c) (d) (e) (f) (g) 751 Official Gazette nº 21bis of 25/05/2015 numbers during and after working hours. 6. Visual aids and aerodrome electrical systems Particulars of the procedures for the inspection and maintenance of aeronautical lights (including obstacle lighting), signs, markers and aerodrome electrical systems, including the following - (a) arrangements for carrying out inspections during and outside the normal hours of aerodrome operation, and the checklist for such inspections; arrangements for recording the result of inspections and for taking follow-up action to correct deficiencies; arrangements for carrying out routine maintenance and emergency maintenance; arrangements for secondary power supplies and, if applicable, the particulars of any other method of dealing with partial or total system failure; and personnel responsible for the inspection and maintenance of the lighting, and the telephone numbers for contacting those persons during and after working hours. (b) (c) (d) (e) 7. Maintenance of the movement area Particulars of the facilities and procedures for the maintenance of the movement area, including arrangements for - (a) (b) (c) (d) maintaining the paved areas; maintaining the unpaved runways and taxiways; maintaining the runway and taxiway strips; and the maintenance of aerodrome drainage. 8. 9. Aerodrome works - safety 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 - (a) (b) arrangements for communicating with air traffic control during the progress of such work; 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; 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; a distribution list for work plans, if required. (c) (d) Apron management Particulars of the apron management procedures, including the following - (a) (b) (c) (d) (e) arrangements between air traffic control and the apron management unit; arrangements for allocating aircraft parking positions; arrangements for initiating engine start and ensuring clearance of aircraft push-back; marshalling service; and leader (van) service. 10. Apron safety management Procedures to ensure apron safety, including - protection from jet blasts; (a) enforcement of safety precautions during aircraft refuelling operations; (b) apron sweeping; (c) apron cleaning; (d) arrangements for reporting incidents and accidents on an apron; and (e) arrangements for auditing the safety compliance of all personnel working on the apron. (f) 752 Official Gazette nº 21bis of 25/05/2015 11. Airside vehicle control Particulars of the procedure for the control of surface vehicles operating on or in the vicinity of the movement area, including the following - (a) details of the applicable traffic rules (including speed limits and the means of enforcing the rules); the method of issuing driving permits for operating vehicles in the movement area. (b) 12. Birds and wildlife hazard management 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- (a) (b) (c) arrangements for assessing birds and wildlife hazards; arrangements for implementing birds and wildlife control programmes; and the names and roles of the persons responsible for dealing with birds and wildlife hazards, and their telephone numbers during and after working hours. 13. Obstacle control Particulars setting out the procedures for - (a) (b) (c) (d) (e) monitoring the obstacle limitation surfaces and type A chart for obstacles in the take-off surface; controlling obstacles within the authority of the operator; monitoring the height of buildings or structures within the boundaries of the obstacle limitation surfaces; controlling new developments in the vicinity of aerodromes; and 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. 14. Removal of disabled aircraft Particulars of the procedures for removing a disabled aircraft on or adjacent to the movement area, including the following - (a) the roles of the operator and the holder of the aircraft operator certificate. (b) (c) (d) (e) arrangements for notifying the aircraft operator. arrangements for liaising with the air traffic control unit; arrangements for obtaining equipment and personnel to remove the disabled aircraft; and role and telephone numbers of personnel responsible for arranging for the action as necessary, including amendment of the AIS publications. 15. Handling of hazardous materials (1) Particulars of the procedures for the safe handling and storage of hazardous materials on the aerodrome, including the following - (a) (b) 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 the method to be followed for the delivery storage, dispensing and handling of hazardous materials. (2) For the purposes of this paragraph “hazardous materials” include inflammable liquids and solids, corrosive liquids, compressed gases and magnetized or radioactive materials. 16. Low visibility operations 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, 753 Official Gazette nº 21bis of 25/05/2015 responsible for measuring the Runway Visual Range. 17. Protection of sites for radar and navigational aids 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- (a) arrangements for the control of activities in the vicinity of radar and navigational aids installations; arrangements for ground maintenance in the vicinity of these installations; and 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 (b) (c) included on - - (i) when, or in what circumstances, an operating procedure is to be activated; - (ii) how an operating procedure is to be activated; - (iii) actions to be taken; - (iv) 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. PART 5: AERODROME ADMINISTRATION AND SAFETY MANAGEMENT SYSTEM 1. Aerodrome administration Particulars of the aerodrome administration, including the following - (a) an aerodrome organizational chart showing the names and positions of key personnel, including (b) their responsibilities; the name, position and telephone number of the person who has overall responsibility for aerodrome safety; and (c) airport committees. 2. Safety Management System 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 - (a) the safety policy, in so far as applicable, on the safety management process and its relation to the operational and maintenance process; the structure or organization of the Safety Management System, including staffing and the assignment of individual and group responsibilities for safety issues; (b) (c) 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; (d) Safety Management System implementation, including facilities, methods and procedures for (e) the effective communication of safety messages and the enforcement of safety requirements; a system for the implementation of, and action on, critical safety areas which require a higher level of safety management integrity (safety measures programme); (f) 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. (g) the internal safety audit and review system detailing the systems and programmes for quality control of safety; 754 Official Gazette nº 21bis of 25/05/2015 (h) 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; (i) 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 the incorporation and enforcement of safety-related clauses in the contract for construction work at the aerodrome. (j) 755 Official Gazette nº 21bis of 25/05/2015 ____________________ THIRD SCHEDULE ____________ Regulation 59 _________ PARTICULARS TO BE INCLUDED IN AN AERODROME MANUAL FOR AERODROMES IN CATEGORIES B AND C . PART I: GENERAL General information, including the following - (a) (b) purpose and scope of the aerodrome manual; the legal requirement for an aerodrome licence and an aerodrome Handbook as prescribed in the national regulations; 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; the available aeronautical information system and procedures for its promulgation; the system for recording aircraft movements; and obligations of the aerodrome operator. PARTICULARS OF THE AERODROME SITE PART 2: General information, including the following - (a) 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; a plan of the aerodrome showing the aerodrome boundaries; 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 (c) (d) (e) (f) (b) (c) 756 Official Gazette nº 21bis of 25/05/2015 PART 3: PARTICULARS OF THE AERODROME REQUIRED TO BE REPORTED TO THE AERONAUTICAL INFORMATION SERVICE (AIS) 1. 2. General Information (a) (b) (c) the name of the aerodrome; the location of the aerodrome; the geographical coordinates of the aerodrome reference point determined in terms of the World Geodetic System - 1984 (WGS-84) reference datum; the aerodrome elevation points along the runway, and the highest elevation of the touchdown zone of a precision approach runway; the aerodrome reference temperature; the name of the aerodrome operator and the address, telephone and facsimile numbers at which the aerodrome operator may be contacted at all times. (d) (e) (f) (h) Aerodrome dimensions and related information General information, including the following - (a) 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; (b) (c) (d) (e) Length, width and surface type of strip, apron surface type and aircraft stands; one or more pre-flight altimeter check locations established on an apron and their elevation; rescue and fire-fighting plan; Note.- the accuracy of the information in this Part is critical to aircraft safety. Information requiring engineering survey and assessment should be gathered or verified by qualified technical persons. 757 Official Gazette nº 21bis of 25/05/2015 PART 4: PARTICULARS OF THE AERODROME OPERATING PROCEDURES AND SAFETY MEASURES 1. 2. 4. 5. 6. arrangements for reporting any changes to the Authority and recording the reporting of changes during Aerodrome reporting 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 - (a) and outside the normal hours of aerodrome operations; (b) and outside the normal hours of aerodrome operations; and (c) the address and telephone and facsimile numbers, as provided by the Authority, of the place where changes are to be reported to the Authority. the names and roles of persons responsible for notifying the changes, and their telephone numbers during Access to the aerodrome movement area 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 - (a) 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 the personnel responsible for controlling access to the aerodrome, and the telephone numbers for (b) contacting them during and after working hours. (c) (d) inspection checklist; arrangements for reporting the results of inspections and for taking prompt follow-up actions to ensure correction of unsafe conditions; and the names and roles of persons responsible for carrying out inspections, and their telephone numbers during and after working hours. (e) Maintenance of the movement area Particulars of the facilities and procedures for the maintenance of the movement area, including - (a) Arrangements for maintaining the unpaved runways and taxiways; (b) (c) arrangements for maintaining the runway and taxiway strips; and arrangements for the maintenance of aerodrome drainage. Aerodrome works – safety 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 - (a) 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; a distribution list for work plans, if required. (b) Birds and Wildlife Hazard Management 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- (a) (b) (c) arrangements for assessing birds and wildlife hazards; arrangements for implementing birds and wildlife control programmes; and the names and roles of the persons responsible for dealing with birds and wildlife hazards, and their telephone numbers during and after working hours. 7. Obstacle Control 758 Official Gazette nº 21bis of 25/05/2015 Particulars setting out the procedures for - (a) monitoring the obstacle limitation surfaces and Type A Chart for obstacles in the take-off surface; controlling obstacles within the authority of the operator; monitoring the height of buildings or structures within the boundaries of the obstacle limitation surfaces; controlling new developments in the vicinity of aerodromes; and 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 AIS publications. (b) (c) (d) (e) 8. Handling of Hazardous Materials (1) (a) (b) Particulars of the procedures for the safe handling and storage of hazardous materials on the aerodrome, including the following – 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 the method to be followed for the delivery storage, dispensing and handling of hazardous materials. (2) For the purposes of this paragraph “hazardous materials” include inflammable liquids and corrosive liquids, compressed gases and magnetized or radioactive materials. solids, 9. Protection of Sites for Radar and Navigational Aids arrangements for the control of activities in the vicinity of radar and navigational aids 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 (a) installations; (b) (c) radiation. arrangements for ground maintenance in the vicinity of these installations; and arrangements for the supply and installation of signs warning of hazardous microwave Note 1. In writing the procedures for each category, clear and precise information should be included on - - when, or in what circumstances, an operating procedure is to be activated; - how an operating procedure is to be activated; - actions to be taken; - 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. 759 Official Gazette nº 21bis of 25/05/2015 ______________________ FOURTH SCHEDULE ____________ Regulation 59 _________ PARTICULARS TO BE INCLUDED IN AN AERODROME MANUAL FOR AERODROMES IN CATEGORY D GENERAL PART I: General information, including the following - (a) (b) purpose and scope of the aerodrome manual; the legal requirement for an aerodrome licence and an aerodrome Handbook as prescribed in the national regulations; 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; the available aeronautical information system and procedures for its promulgation; the system for recording aircraft movements; and obligations of the aerodrome operator. PARTICULARS OF THE AERODROME SITE PART 2: General information, including the following - (a) 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; a plan of the aerodrome showing the aerodrome boundaries; 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 (c) (d) (e) (f) (b) (c) 760 Official Gazette nº 21bis of 25/05/2015 PART 3: PARTICULARS OF THE AERODROME REQUIRED TO BE REPORTED TO THE AERONAUTICAL INFORMATION SERVICE (AIS) 1. General Information (a) the name of the aerodrome; (b) the location of the aerodrome; (c) the geographical coordinates of the aerodrome reference point determined in terms of the World Geodetic System - 1984 (WGS-84) reference datum; (d) 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); (e) FATO type, true bearing, designation number, length, width, slope, surface type; (f) safety area: length, width and surface type; (g) apron: surface type, helicopter stands and geographical coordinates of specific points; (h) declared distances: take off distance available, rejected take off distance availa and landing distance available; (i) the aerodrome reference temperature; (j) the name of the aerodrome operator and the address, telephone and facsimile numbers at which the aerodrome operator may be contacted at all times. (k) maximum allowable mass; (l) visual aids available; (m) rescue and fire fighting surface and level of protection; (n) availability of PAPI, APAPI or helicopter approach PAPI indicator; 2. Aerodrome dimensions and related information General information, including the following - (a) dimensions of safety areas, apron, clear way, FATO and TLOF, obstacle limitation surfaces, helideck obstacle-free sector, helideck obstacle limitation sector and approach surface; (b) helicopter ground taxiway, air taxiway and air transit route; (c) one or more pre-flight altimeter check locations established on an apron and their elevation; Note.- the accuracy of the information in this Part is critical to aircraft safety. Information requiring engineering survey and assessment should be gathered or verified by qualified technical persons. 761 Official Gazette nº 21bis of 25/05/2015 PART 4: PARTICULARS OF THE AERODROME OPERATING PROCEDURES AND SAFETY MEASURES 1. 2. 4. 5. arrangements for reporting any changes to the Authority and recording the reporting of changes during Aerodrome reporting 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 - (a) and outside the normal hours of aerodrome operations; (b) and outside the normal hours of aerodrome operations; and (c) the address and telephone and facsimile numbers, as provided by the Authority, of the place where changes are to be reported to the Authority. the names and roles of persons responsible for notifying the changes, and their telephone numbers during Access to the aerodrome movement area 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 - (a) 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; (b) the personnel responsible for controlling access to the aerodrome, and the telephone numbers for contacting them during and after working hours; (c) inspection checklist; (d) arrangements for reporting the results of inspections and for taking prompt follow-up actions to ensure correction of unsafe conditions; and (e) the names and roles of persons responsible for carrying out inspections, and their telephone numbers during and after working hours. Maintenance of the movement area Particulars of the facilities and procedures for the maintenance of the movement area, including - (a) arrangements for maintaining the unpaved areas and taxiways; arrangements for maintaining the FATO and TLOF; and (b) arrangements for the maintenance of aerodrome drainage. (c) Aerodrome works – safety 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 - (a) 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; (b) a distribution list for work plans, if required. 6. Obstacle Control Particulars setting out the procedures for - (a) (b) (c) monitoring the obstacle limitation surfaces; controlling obstacles within the authority of the operator; monitoring the height of buildings or structures within the boundaries of the obstacle limitation surfaces; controlling new developments in the vicinity of aerodromes; and notifying the Authority of the nature and location of obstacles and subsequent addition of (d) (f) 762 Official Gazette nº 21bis of 25/05/2015 removal of obstacles for action as necessary, including amendment of the AIS publications. 7. Protection of Sites for Radar and Navigational Aids 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 (a) arrangements for the control of activities in the vicinity of radar and navigational aids installations; arrangements for ground maintenance in the vicinity of these installations; and arrangements for the supply and installation of signs warning of hazardous microwave radiation. (b) (c) Note 1. In writing the procedures for each category, clear and precise information should be included on - - when, or in what circumstances, an operating procedure is to be activated; - how an operating procedure is to be activated; - actions to be taken; - 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. ____________________ FIFTH SCHEDULE ____________ Regulation 120 _________ AERODROME DATA 1. Aerodrome geographical coordinates 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 (1) An aerodrome reference point shall be established for an aerodrome. (2) The aerodrome reference point shall be located near the initial or planned geometric centre of the aerodrome and shall normally remain where first established. (3) The position of the aerodrome reference point shall be measured and reported in degrees, minutes and seconds. 3. Aerodrome and runway elevations The aerodrome elevation and geoid undulation at the aerodrome shall be measured and reported in accordance with specifications prescribed in the Manual of Aerodrome Standards. 4. Aerodrome reference temperature (1) An aerodrome reference temperature shall be determined for an aerodrome in degrees Celsius. (2) 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. 763 Official Gazette nº 21bis of 25/05/2015 5. Aerodrome dimensions and related information (1) The following data shall be measured or described, as appropriate, for each facility provided on an aerodrome - (a) 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; (b) strip, runway end safety area, stopway – length, width to the nearest metre, surface type; (c) taxiway – designation, width, surface type; (d) apron – surface type, aircraft stands; (e) the boundaries of the air traffic control service; (f) clearway – length to the nearest metre, ground profile; (g) 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; (h) location and radio frequency of any VOR aerodrome check-point; (i) location and designation of standard taxi-routes; and (j) 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. (2) 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. (3) 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 The bearing strength of a pavement at an aerodrome shall be determined and reported using guidelines prescribed by the Authority in the Manual of Aerodrome Standards. 7. Pre-flight altimeter check location (1) One or more pre-flight altimeter check locations shall be established for the aerodrome. (2) 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. (3) 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 The following distances shall be calculated to the nearest metre for a runway intended for use by international commercial air transport - (a) take-off run available; (b) take-off distance available; (c) accelerate-stop distance available; and (d) landing distance available. 9. Condition of the movement area and related facilities 764 Official Gazette nº 21bis of 25/05/2015 (1) 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 Manual of Aerodrome Standards including information of operational significance to the air traffic service units without delay. (2) 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 - (a) construction or maintenance work; (b) rough or broken surfaces on a runway, taxiway or an apron; (c) water on a runway, a taxiway or an apron; (d) drifts adjacent to a runway, a taxiway or an apron (e) contaminants on a runway, taxiway or apron; (f) other temporary hazards, including parked aircraft; (g) failure or irregular operation of part of all of the aerodrome visual aids; and (h) failure of the normal or secondary power supply. (3) To facilitate compliance with paragraphs (1) and (2), 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. (4) Personnel assessing and reporting runway surface conditions required in paragraph (2) shall be trained and competent to meet criteria prescribe by the Authority. (5) Whenever water is present on a runway, a description of the runway surface conditions, shall be made available using the following terms - (a) damp – the surface shows a change of colour due to moisture. (b) wet – the surface is soaked but there is no stagnant water. (c) 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. (6) Information that a runway or portion thereof may be slippery when wet shall be made available. (7) 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 Manual of Aerodrome Standards. 10. Disabled aircraft removal (1) 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. (2) 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 and fire fighting (1) Information concerning the level of protection provided for aircraft rescue and fire fighting purposes shall be made available. (2) 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. (3) An operator shall notified 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 765 Official Gazette nº 21bis of 25/05/2015 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. 12. Visual approach slope indicator systems An operator shall provide information concerning the status of the visual approach slope indicator system installed at the aerodrome including - (a) associated runway designation number; (b) 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; (c) 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; d) 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 e) minimum edge height(s) over the threshold of the on-slope signal(s). 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. 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’. 13. Coordination between the operator and the Aeronautical Information Services (1) 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 - (a) information on aerodrome conditions; (b) the operational status of associated facilities, services and navigation aids within their area of responsibility; (c) any other information considered to be of operational significance. (2) 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. (3) 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. (4) 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. __________ Dr NZAHABWANIAMANA Alexis Minister of State in charge of Transport 766 Official Gazette nº 21bis of 25/05/2015 Seen and sealed with the Seal of the Republic: (sé) BUSINGYE Johnston Minister of Justice/Attorney General 767 Official Gazette nº 21bis of 25/05/2015 ANNEX XIV TO THE MINISTERIAL REGULATIONS Nº 02/MOS/TRANS/015 OF 08/04/2015 IMPLEMENTING THE LAW Nº 75/2013 OF 11/09/2013 ESTABLISHING REGULATION GOVERNING CIVIL AVIATION CIVIL AVIATION (COMMERCIAL AIR TRANSPORT OPERATIONS BY FOREIGN AIR OPERATOR IN AND OUT OF RWANDA) REGULATIONS 2015 ARRANGEMENTS OF REGULATIONS REGULATION PART I - PRELIMINARY 1. 2. Citation Application PART II – GENERAL REQUIREMENTS 3. 4. 5. 6. 7. Compliance requirements Authority to inspect Operations specifications Certificate of airworthiness and certificate of registration Air traffic rules and procedures PART III – DOCUMENTS 8. 9. 10. 11. 12. 13. Foreign air operator aircraft technical logbook Foreign air operator aircraft journey logbook Operations manual to be carried Documents and additional information to be carried on board the aircraft Access to and production of documentation, manuals and records Preservation and production of flight recorded data PART IV - PERFORMANCE 14. 15. 16. 17. 18. Computation of passenger and baggage mass Approach and landing conditions Aircraft security Unauthorized carriage Reporting of incidents and accidents PART V – CARRIAGE OF DANGEROUS GOODS, WEAPONS AND MUNITIONS OF WAR 19. 20. 21. Carriage of dangerous goods by air. Carriage of weapons of war and munitions of war Carriage of sporting weapons and ammunition PART VI – GENERAL 768 Official Gazette nº 21bis of 25/05/2015 22. Drug and alcohol testing and reporting. PART VII – OFFENCES AND PENALTIES 23. Offences and penalties _______ SCHEDULE _______ Penalties CIVIL AVIATION (COMMERCIAL AIR TRANSPORT OPERATIONS BY FOREIGN AIR OPERATOR IN AND OUT OF RWANDA) REGULATIONS 2015 PART I – PRELIMINARY Citation 1. These Regulations may be cited as Civil Aviation (Commercial Air Transport Operations by Foreign Air Operator in and out of Rwanda) Regulations 2015. Application 2. These Regulations prescribe the requirements applicable to the operation of any civil aircraft in and out of Rwanda for the purpose of commercial air transportation operations by any foreign air operator whose air operator certificate is issued and controlled by a civil aviation authority other than the Authority. PART II – GENERAL REQUIREMENTS Compliance requirements 3. (1) A foreign air operator shall not operate an aircraft in and out of Rwanda in commercial air transport operations contrary to the requirements of— (a) (b) (c) (d) these Regulations; the Civil Aviation (Instruments and Equipment) Regulations, the Civil Aviation (Operation of Aircraft) Regulations, and the Civil Aviation (Airworthiness) Regulations, as applicable; standards contained in Parts I or III of Annex 6 – Operation of Aircraft to the Chicago Convention, as applicable; and any other requirements the Authority may specify. (2) An aircraft registered in a Contracting State other than Rwanda, or in a foreign country, shall not take on board or discharge any passengers or cargo in Rwanda where valuable consideration is given or promised in respect of the carriage of such persons or cargo unless it does so with the permission of the Minister granted under this regulation to the operator or the charterer of the aircraft or to the Government of the country in which the aircraft is registered, and in accordance with any conditions to which such permission may be subject. 769 Official Gazette nº 21bis of 25/05/2015 (3) Without prejudice to sub-regulation (8), any breach by a person to whom a permission has been granted under this regulation of any condition to which that permission was subject shall constitute a contravention of this regulation. (4) Where a permission granted under sub-regulation (2) contains a tariff provision, the operator or charterer of the aircraft concerned shall file with the Authority the tariff which it proposes to apply on flights to which the said permission relates and the Authority shall consider the proposed tariff and may, if it thinks fit, approve or disapprove it. (5) For the purposes of this regulation, "tariff provision" means a condition as to any of the following matters— (a) the price to be charged for the carriage of passengers, baggage or cargo on flights to which a permission granted under sub-regulation (2) relates; any additional goods, services or other benefits to be provided in connection with such carriage; the prices, if any, to be charged for any such additional goods, services or benefits; and the commission, or rates of commission, to be paid in relation to the carriage of passengers, baggage or cargo; (b) (c) (d) 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. (6) The Authority shall act on behalf of the Minister in performing the functions conferred on it by sub-regulations (4) and (5). (7) The Minister may, by Order or by delegation in bilateral or multilateral agreements, give to the Authority his authority to issue a permission under sub- regulation (2) and to revoke, suspend or vary any permission under sub- regulations (8) to (10) for a number of Contracting States other than Rwanda or foreign countries. (8) Subject to the provisions of sub-regulation (9), the Minister may: (a) revoke, suspend or vary any permission to which sub-regulation (2) applies. (b) save as provided by sub-regulation (9), exercise his powers under sub- paragraph (a) only after notifying the holder of the permission of his intention to do so and after due consideration of the case. (9) If, by reason of the urgency of the matter, it appears to the Minister to be necessary for him to do so, he may provisionally suspend or vary a permission to which sub-regulation (2) applies without complying with the requirements of sub-regulation (8)(b); but he shall in any such case comply with those requirements as soon thereafter as is reasonably practicable and shall then, in the light of his due consideration of the case, either— (a) (b) revoke the provisional suspension or variation of the permission; or substitute therefor a definitive revocation, suspension or variation, which, if a definitive suspension, may be for the same or a different period as the provisional suspension (if any) or, if a definitive variation, may be in the same or different terms as the provisional variation (if any). (10) The powers vested in the Minister by sub-regulation (8) or, (9) may be exercised by him whenever, in his judgment and whether or not by reason of anything done or omitted to be done by the holder of the permission or otherwise connected with the holder of the permission, it is necessary or 770 Official Gazette nº 21bis of 25/05/2015 expedient that the holder should not enjoy, or should no longer enjoy, the rights conferred on him by a permission to which sub-regulation (2) applies or should enjoy them subject to such limitations or qualifications as the Minister may determine. (11) The holder of the permission or any person having the possession or custody of any permit which has been revoked, suspended or varied under sub-regulations (8) to (10) shall surrender it to the Minister immediately. Authority to inspect 4. A foreign air operator shall not, while in Rwanda, hinder or obstruct any person authorized by the Authority from boarding a foreign registered aircraft operated for commercial air transport at any time without prior notice to inspect the documents and manuals required by these Regulations. Operations specifications 5. A foreign air operator shall conduct its operations in accordance with operations specifications or equivalent document issued by the State of operator and acceptable to the Authority, provided that the requirements under which the certificate was issued are at least equivalent to the applicable standards specified in the latest effective edition of Annex 6 – Operation of Aircraft to the Chicago Convention.. Certificate of airworthiness and Certificate of registration 6. A foreign air operator may operate an aircraft in and out of Rwanda: (a) (b) if that aircraft has a valid certificate of airworthiness and certificate of registration issued or validated by the State of registry and displays the nationality and registration markings of that State; and in accordance with the limitations on maximum certificated mass prescribed for that aircraft and that operation by the State of design. Air traffic rules and procedures 7. (1) A pilot-in-command of a foreign registered aircraft shall comply with the rules of the air and air traffic control specified in the Civil Aviation (Rules of the Air and Air Traffic Control) Regulations. (2) A foreign air operator shall establish procedures to ensure that each of its pilots complies with the requirements of sub-regulation (1), and shall check the ability of each of the pilots to operate safely according to applicable rules and procedures. PART III - DOCUMENTS Foreign air operator aircraft technical logbook Foreign air operator aircraft journey logbook 8. A foreign air operator shall use an aircraft technical logbook containing the following information for each aircraft— (a) information about each flight necessary to ensure continued flight safety; (b) the current certificate of release to service or an equivalent document; (c) the current maintenance statement giving the aircraft maintenance status of what next scheduled and out of phase maintenance is due, unless the Authority agrees to the maintenance statement being kept elsewhere; (d) all outstanding deferred defects that affect the operation of the aircraft; and (e) any necessary guidance instructions on maintenance support arrangement. 9. (1) A foreign air operator shall maintain a journey logbook containing information on each flight, which includes: 771 Official Gazette nº 21bis of 25/05/2015 (a) aircraft nationality and registration marks; (b) date of the flight; (c) name(s) of crew members; (d) duty assignments of crew members; (e) place of departure; (f) place of arrival; (g) (h) (i) duration of flight; (j) purpose of flight; (k) (l) signature of the pilot-in-command. incidents, and observations, if any; and time of departure; time of arrival; Operations manual to be carried Documents and additional information to be carried on board the aircraft (2) The Authority may waive the requirement of sub-regulation (1) if the relevant information is available in the aircraft technical log referred to in regulation 8. (3) A foreign air operator shall ensure that all entries in the journey log are made concurrently and are permanent in nature. 10. A foreign air operator shall ensure that the following manuals are on board the aircraft on each flight the current: (a) parts of the Operations Manual relevant to the duties of the crew; (b) parts of the Operations Manual which are required for the conduct of a flight which shall be easily accessible to the crew; and (c) approved Aircraft Flight Manual, Rotorcraft Flight Manual, or an Aircraft Operating Manual. 11. (1) A foreign air operator shall ensure that, the following documents are carried on each flight: (a) the aircraft certificate of registration; (b) the aircraft certificate of airworthiness; (c) the appropriate licences for each members of the crew; (d) the aircraft journey or technical logbook; (e) the aircraft radio station licence; (f) in the case of a passenger carrying aircraft, a list of the names of the passengers and places of embarkation and destination; (g) in the case of a cargo aircraft, a manifest and detailed declarations of the cargo; (h) loadsheet; (i) copy of air operator certificate and attachments; (j) insurance certificate; (k) certificate of release to service (CRS) or equivalent document; (l) operational flight plan; (m) pre-flight information bulletin; (n) current maps and charts for the area of operation; (o) copy of applicable operations specifications; and (p) notification of special loads including dangerous goods. (2) A flight crew member of a foreign registered aircraft shall hold a valid licence, certificate or authorization, including an appropriate and current medical certificate, issued by the State of registry and has it in his or her physical possession or at the work site when exercising the privileges of that licence, certificate or authorization. (3) The Authority may specify other documents and information to be carried on 772 Access to and production of documentation, manuals and records Preservation and production of flight recorded data 13. Official Gazette nº 21bis of 25/05/2015 board in addition to those referred to in sub-regulation (1). 12. (1) A foreign air operator shall: (a) give an authorized person access to any documents, manuals and records which are related to flight operations and maintenance; and (b) produce all such documents, manuals and records, when requested to do so by the Authority, within 14 days. (2) A pilot-in-command of an aircraft operated by a foreign air operator shall, when requested to do so by an authorized person, produce to that person the documentation, manuals and records required to be carried on board an aircraft. (1) Following an aircraft accident, or incident, or when the Authority or the Aircraft Accidents and Incidents Investigation Branch so directs, a foreign air operator shall preserve the original recorded data for a period of sixty days unless otherwise directed by the investigating authority. (2) The recorded data under sub-regulation (1) shall be produced when the Authority or investigating authority so requires PART IV - PERFORMANCE Computation of passenger and baggage mass 14. (1) A foreign air operator shall compute the mass of passengers and checked baggage using the: (a) actual weighed mass of each person and the actual weighed mass of baggage; or (b) standard mass values specified by the appropriate authority of the State of Registry. (2) The Authority may require a foreign registered air operator to produce evidence validating any standard mass values used. Approach and landing conditions 15. Before initiating an approach to land, the pilot-in-command of an aircraft operated by a foreign air operator shall determine that, according to the information available: (a) weather at the aerodrome and the conditions of the runway are safe for the approach and landing; and (b) in the case of a missed approach, the aircraft is able to meet the performance requirements contained in the operations manual. Aircraft security 16. A foreign air operator shall— (a) ensure that all appropriate personnel are familiar and comply with the relevant requirements of the national security programmes of the State of the operator and those of Rwanda; (b) establish and use a security programme approved by the appropriate authority of the State of the operator and accepted by the Authority; (c) ensure that all aircraft carry a checklist of the procedures to be followed for that type in searching for concealed weapons, explosives or other dangerous devices; (d) ensure that the flight crew compartment door, if installed, on all aircraft operated for the purpose of carrying passengers shall be capable of being locked from within the compartment in order to prevent unauthorized access, and is closed and locked from the time all external doors are 773 Official Gazette nº 21bis of 25/05/2015 closed following embarkation until any such door is opened for disembarkation, except when necessary to permit access and egress by authorized persons; (e) establish, maintain and conduct approved training programmes which enable the operator’s personnel to take appropriate action to prevent acts of unlawful interference such as sabotage or unlawful seizure of aircraft and to minimize the consequences of such events should they occur; and (f) following an act of unlawful interference on board an aircraft the pilot-in- command or, in their absence the operator, shall submit, without delay, a report of such an act to the designated local authority and the appropriate authority in the State of the operator. Unauthorized carriage Reporting of incidents and accidents 17. A foreign-air operator shall take measures to ensure that a person does not conceal themselves or cargo on board an aircraft. 18. A foreign air operator or the pilot-in-command shall report to the Authority incidents and accidents occurring while operating in the Rwandan airspace within ninety six hours of the incident, accident or discovery unless exceptional circumstances prevent such reporting within the time stipulated. PART V – CARRIAGE OF DANGEROUS GOODS, WEAPONS AND MUNITIONS OF WAR Carriage of dangerous goods by air. 19. A foreign air operator shall: (a) not offer or accept for transportation of dangerous goods as defined by the Technical Instructions for the Safe Transport of Dangerous Goods by air issued by the International Civil Aviation Organization in and out of Rwanda unless the operator has: (i) been authorized to do so by the State of the operator and approved by the Authority; and (ii) conducted the required personnel training. (b) properly classify, document, certify, describe, package, mark, label and put in a fit condition for transport, dangerous goods as required by the operator’s dangerous goods programme as approved by the State of the operator; state in the operations specifications required in regulation 6 whether or not that operator has been authorized to accept dangerous goods by the State of operator; and (c) (d) provide a copy of its dangerous goods programme to the Authority where the foreign air operator has been granted authority to accept dangerous goods, and has an approved dangerous goods programme by the State of operator. Carriage of weapons and munitions of war 20. A foreign air operator conducting commercial air transport operations in and out of Rwanda shall: (a) not transport weapons and munitions of war by air unless an approval to do so has been granted by the State of operator, State of origin, States over which the aircraft overflies and at State of destination. (b) ensure that weapons and munitions of war are: (i) stowed in the aircraft in a place which is inaccessible to the 774 Official Gazette nº 21bis of 25/05/2015 passengers during flight; and (ii) unloaded in case of firearms, unless , before the commencement of the flight, an approval has been granted by all States which the aircraft originate, overfly and land that such weapons and munitions of war may be carried in circumstances that differ in part or in total from those specified in this sub-paragraph. (c) ensure that the pilot-in-command is notified before the flight begins of the details and location on board the aircraft of any weapons and munitions of war that are intended to be carried. Carriage of sporting weapons and ammunition 21. (1) A foreign air operator conducting commercial air transportation operations to Rwanda shall take all necessary measures to ensure that any sporting weapons intended to be carried by air are reported to the Authority. (2) A foreign air operator accepting the carriage of sporting weapons shall ensure that they are: (a) stowed in the aircraft in a place which is inaccessible to passengers during flight unless the Authority has determined that compliance is impractical and has approved other procedures; and (b) unloaded in the case of firearms or other weapons that contain ammunitions. (3) A foreign air operator may allow a passenger to carry ammunition for sporting weapons in passenger’s checked baggage, but such carriage shall be approved by the Authority. PART VI - GENERAL Drug and alcohol testing and reporting 22. (1) No crew member of a foreign air operator shall perform, or attempt to perform, a crew member function while under the influence of drugs or alcohol. (2) Any crew member of a foreign air operator may be tested for drug or alcohol usage. (3) A crew member of a foreign air operator who tests positive for drug or alcohol usage, or who refuses to submit to a test, shall be prohibited from boarding a flight to perform any crew member function. (4) The Authority shall report the positive test result, or the refusal to submit to a test, by a crew member of a foreign air operator to the State of operator. PART VII – OFFENCES AND PENALTIES Offences and penalties 23. (1) If any provision of these Regulations, orders, notices or proclamations made there under is contravened in relation to an aircraft, the operator of that aircraft and the pilot in command, if the operator or, the pilot-in-command is not the person who contravened that provision shall, without prejudice to the liability of any other person under these Regulations for that contravention, be deemed 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. (2) Any Any person who contravenes any provision specified as an “A” provision in the First Schedule to these Regulations shall be guilty of an offence and shall on conviction be liable to a fine not exceeding six hundred thousand (600,000) francs for each offence and/or each flight or to imprisonment for a 775 Official Gazette nº 21bis of 25/05/2015 term not exceeding six (6) months or to both. (3) Any person who contravenes any provision specified as a “B” provision in the First Schedule to 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 one million (1,000,000) francs or to imprisonment for a term not exceeding two (2) years. FIRST SCHEDULE OFFENCES AND PENALTIES – Regulation 23 Regulation Number 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Regulation Title Compliance requirements Authority to inspect Certificates of airworthiness and certificate of registration Air Traffic Control rules and procedures Foreign air operator aircraft technical logbook Foreign air operations journey logbook Operations manual to be carried Documents and additional information to be carried on board the aircraft Access to and production of documentation, manuals and records Preservation and production of flight recorded data Computation of passenger and baggage mass Approach and landing conditions Aircraft security Unauthorized carriage Reporting of incidents and accidents Carriage of dangerous goods by air Carriage of weapons and munitions of war Carriage of sporting weapons and ammunition Drug and alcohol testing and reporting Part B A A A A A A A A A B A A A A B B B B Dr NZAHABWANIAMANA Alexis Minister of State in charge of Transport Seen and sealed with the Seal of the Republic: (sé) BUSINGYE Johnston Minister of Justice/Attorney General 776 Official Gazette nº 21bis of 25/05/2015 ANNEX XV TO THE MINISTERIAL REGULATIONS Nº 02/MOS/TRANS/015 OF 08/04/2015 IMPLEMENTING THE LAW Nº 75/2013 OF 11/09/2013 ESTABLISHING REGULATION GOVERNING CIVIL AVIATION CIVIL AVIATION (FEES AND CHARGES) REGULATIONS 2015 ARRANGEMENT OF REGULATIONS REGULATION 1. Citation 2. Fees to be charged 3. Expenses for services or inspections outside Rwanda 4. Fees for licence or permit to operate air services 5. Aerodrome landing charges 6. Aircraft parking charges 7. Passenger service and security charges 8. Fees for exemption from from any of the Civil Aviation Regulations. 9. Exemption from fees and charges 10. Air navigation and VSAT charges 11. Exemption from en-route charges 12. Notice of the fees and charges 13. Penalties 14. Persons liable for the fees and charges 15. Detention for failure to pay 16. Default 17. Extent of detention 18. Restriction on detention 19. Sale of the aircraft or of any other property 20. Restriction on sale 21. Proceeds of sale of aircraft or of any other property 22. Purchase of Aeronautical information publication and other publications 23. Rent Charges on Authority’s facilities Schedule Proceedings To Detain And Sell Aircraft Or Any Other Property 777 Official Gazette nº 21bis of 25/05/2015 Citation Fees to be charged Expenses for services or inspections outside Rwanda Fees for licence or permit to operate air services Aerodrome landing charges Aircraft parking charges 1. 2. 3. 4. 5. 6. Passenger service and security charges 7. These Regulations may be cited as Civil Aviation (Fees and Charges) Regulations 2015. The fees to be charged in connection with the issue, validation, renewal, extension or variation of any certificate, licence, permit, authorization, or other 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 Civil Aviation Regulations of Rwanda, shall be payable as prescribed by the Authority. An operator requesting services or inspection from the Authority or the Ministry in charge of Civil Aviation at any place outside Rwanda shall bear the expenses of the Authority or the Ministry in connection therewith, in addition to the payment of all other relevant fees and charges. 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. In respect of landing at public aerodromes in Rwanda, charges shall be payable as prescribed by the Authority. (1) In respect of parking at public aerodromes in Rwanda, charges shall be payable prescribed by the Authority. (2) Operators or pilots of aircraft shall ensure that parking fees are paid promptly, and where no Government or Authority staff is available at the aerodrome, parking fees may be remitted to the Authority within 48 hours after departure of the aircraft from the aerodrome. (1) In respect of every departing passenger, both international and domestic, a passenger service and security charge shall be payable as prescribed by the Authority, which charge shall be collected by the carrier or operator at the point of sale of the relevant flight ticket and remitted to the Authority. (2) 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 charterer or the private operator concerned 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. (3) The Authority shall invoice the carrier or operator, on a monthly basis, for the full amount due. 8. The application for exemption from any of the Civil Aviation Regulations shall be accompanied by a fee prescribed by the Authority, for technical evaluation. Fees for exemption from from any of the Civil Aviation Regulations. 778 Official Gazette nº 21bis of 25/05/2015 Exemption from fees and charges 9. 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 2 to 7. Air navigation and VSAT charges 10. Exemption from air navigation charges 11. (1) An aircraft flying over Rwanda whether under instrument or visual flight rules shall be charged a fee prescribed by the Authority for air navigation services provided by the Kigali Flight Information Region. (2) When flights cross international FIR boundaries or international border of States where air traffic control centres are equipped with a SADC VSAT satellite communications system, SAT Network flat rate charge for South African Development Community (SADC) is levied. (e) (a) (b) (c) (d) (1) The following flights shall be exempt from charges under regulation 10— flights made by the Rwanda Defence Force aircraft; flights for the purposes of search and rescue operations; flights carried out using gliders, power gliders and an ultra light aircraft; flights made by an aircraft which is the property of the Government of Rwanda including customs and police and which are not made for commercial purposes; flights made exclusively for the purpose of checking or testing equipment used as an aid to air navigation; flights arranged by the Authority exclusively for the purpose of instruction or testing of flight crew; flights made for the purpose of enabling an aircraft to qualify for the issue, renewal, modification or validation of a certificate of airworthiness; flights made for training purposes, terminating at the aerodrome from which the aircraft takes off; and flights operated within the Kigali Flight Information Region consisting of a distance of less than 50 nautical miles. (h) (g) (f) (j) Notice of the fees and charges (2) The Authority may by Notice in the Gazette, exempt the application of these regulations to any other flight in the public interest 12. (1) Fees payable under regulations 2, 3, 4 and 8 shall be payable immediately upon application or receipt of an invoice. (2) The Authority shall, within a reasonable time, send an invoice to a person liable for the fees and charges payable under regulations 7 and 10. (3) The Authority shall decide, as it sees fit: (a) if fees payable under regulations 5 and 6 shall be payable immediately upon receipt of an invoice; or (b) if it shall, within a reasonable time, send an invoice to a person liable for the fees. (4) The fees and charges payable in accordance with these Regulations shall be paid in Rwanda Francs or in any other convertible currency at such place and time as may be approved by the Authority. Penalties 13. (1) Any fee or charge payable under sub-regulations 12(2) and 12(3)(b) shall be paid within 30 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. (2) The Authority may, without prejudice to any legal action that may be taken to 779 Persons liable for the fees and charges 14. Detention for failure to pay 15. Official Gazette nº 21bis of 25/05/2015 recover any outstanding amount, suspend or revoke any certificate, licence, permit, authorization, or other document issued under the Civil Aviation Regulations of Rwanda, for non-payment of any fee or charge due under these Regulations (1) The operator of an aircraft shall primarily be responsible for the fees and charges payable in accordance with regulations 3, 4, 5, 6, 7, and 10, and, if applicable, regulation 2. (2) Where the Authority is unable to ascertain who the operator of the aircraft is, it shall charge the owner of the aircraft which owner shall be liable for the fee until such time as the operator is known to the Authority. (3) In sub-regulation (2), “owner”, in respect of an aircraft, means: (a) (b) (c) (d) the person in whose name the aircraft is registered; a person in possession of an aircraft as purchaser under a conditional sale or hire-purchase agreement that reserves to the vendor the title to the aircraft until payment of the purchase price or the performance of certain conditions; a person in possession of the aircraft as chattel mortgagor under a chattel mortgage; and a person in possession of the aircraft under a bona fide lease or agreement of hire. (1) In addition to any other remedy available for the collection of an unpaid and overdue fee or charge imposed by the Authority, and whether or not a judgment for the collection of the fee or charge has been obtained, the Authority may apply to the Court in the legal district in which any aircraft owned or operated by the person liable to pay the amount is situated, where a default is made in the payment of any fees or charges, and interest thereon, under these Regulations, for an order, issued on such terms as the court considers appropriate, authorizing the Authority to seize and detain, either— (a) the aircraft in respect of which the fees or charges were incurred, whether or not they were incurred by the person who is the operator of the aircraft at the time of the detention begins; any other aircraft of which the person in default is the operator at the time when the detention begins; or any other property of which the person in default is the owner at the time when the detention begins, immoveable or moveable, notwithstanding any rules of the Court to the contrary; (b) (c) until the fee or charge is paid or a bond or other security for the unpaid and overdue amount in a form satisfactory to the Authority is deposited with the Authority, and if the charges are not paid within 60 days after the date when the detention begins, to sell the aircraft or any other property in order to satisfy the charges, subject to these regulations. (2) An application for an order referred to in sub-regulation (1) may be made ex parte if the Authority has reason to believe that the person liable to pay the charge is about to leave Rwanda or take from Rwanda any aircraft owned or operated by the person. (3) The Authority may detain an aircraft in accordance with sub-regulation (1) at any time when the aircraft is on any aerodrome in Rwanda. (4) The Authority shall take such steps for the detention and sale as are set forth in the Schedule to these Regulations. 780 Official Gazette nº 21bis of 25/05/2015 Default 16. For purposes of these Regulations, a person shall be in default by operation of law if an invoice or any part thereof issued in accordance with sub-regulations 12(2) and 12(3)(b) remains unpaid for a period of ninety days from the date of issue. Extent of detention 17. Notwithstanding any stipulation to the contrary, the power of detention and sale conferred by these Regulations in respect of an aircraft, extends— (a) (b) to the equipment of the aircraft and any stores for use in connection with its operation, carried in the aircraft, whether or not the equipment or stores is the property of the operator; and to any aircraft documents carried in it, and any such documents may, if the aircraft is sold, be transferred by the Authority to the purchaser. Restriction on detention 18. (1) The Authority shall not detain an aircraft or any other property under these Regulations if the operator of the aircraft or a person claiming an interest therein— (a) (b) disputes that the fees or charges are due; disputes that the fees or charges in question were incurred in respect of that aircraft; and gives to the Authority pending the determination of the case, security sufficient to cover the payment of the fees or charges which are due. (c) (2) The Authority shall release from detention an aircraft or any other property seized under these Regulations if: (a) (b) the amount in respect of which the seizure was made is paid; a bond or other security in a form satisfactory to the Authority for the amount in respect of which the seizure was made is deposited with the Authority; or an order of a court directs the Authority to do so. (c) Sale of the aircraft or any other property 19. Restriction on sale 20. (1) The Authority may, where the fee or charge remains unpaid for a period of 60 days from the date of the detention, sell the aircraft or any other property in accordance with these Regulations and the Schedule to these Regulations. (2) Notwithstanding any stipulation to the contrary, process shall issue against the immovable property of any person liable to pay the amount due under these Regulations notwithstanding that the said person has sufficient movable property to satisfy the said amount or not. (1) The Authority shall not sell an aircraft or any other property under these Regulations without leave of the Court; and the Court shall not give leave except on proof that a sum is due to the Authority for fees or charges under these Regulations, that default has been made in the payment thereof and that the aircraft or any other property which the Authority seeks leave to sell is liable to sale under these Regulations by reason of default. (2) If such leave is given, the Authority shall secure that the aircraft or any other property is sold for the best price that can reasonably be obtained; but failure to comply with any requirement of this regulation or of the Schedule to these regulations in respect of any sale, while actionable as against the Authority at the suit of any person suffering loss in consequence thereof, shall not, after the sale has taken place, be a ground for impugning its validity. Proceeds of sale of aircraft or any 21. (1) Notwithstanding any stipulation to the contrary, the proceeds of sale of an aircraft 781 Official Gazette nº 21bis of 25/05/2015 other property under these Regulations shall be applied in the following order— (a) in payment of customs duty as a result of the aircraft having been brought into Rwanda; in payment of expenses incurred by the Authority in detaining and selling the aircraft, including expenses in connection with the application to court; in payment of fees in respect of an aircraft which the court has found to be due from the operator by virtue of these or any other Civil Aviation Regulations of Rwanda; in payment of any interest on unpaid fees incurred in respect of any aircraft which the court has found to be due from the operator by virtue of these Regulations; in payment of airport charges incurred in respect of the aircraft which are due from the operator of the aircraft to the person owning or managing these the aerodrome at which Regulations; and the surplus if any shall be paid to or among the persons whose interests in the aircraft have been divested by reason of the sale. the aircraft was detained under (b) (c) (d) (e) (f) (2) Notwithstanding any stipulation to the contrary, the proceeds of sale of any other property than an aircraft under these Regulations shall be applied in the same order as specified in sub-regulation (1), with the necessary changes mutatis mutandis. The purchase of Rwanda Aeronautical Information Publication and publications shall be in accordance with the fees prescribed by the Authority. 22. Purchase of Aeronautical information publications and publications Rent charges on Authority’s facilities 23. The Authority shall draw up a scheme prescribing charges to be paid to the Authority in respect of rent for its facilities. SCHEDULE PROCEEDINGS TO DETAIN AND SELL AIRCRAFT OR ANY OTHER PROPERTY (Regulations 15, 19 and 20) 1. Notice of detention The Authority shall inform the Aeronautical Authorities of the State of registry about the detention and possible sale of an aircraft. 2. Notice to other interested parties in the case of an application to sell the aircraft or any other property (1) The Authority shall bring the application to sell the aircraft or any other property to the notice of persons whose interests may be affected by the determination of the court and for affording to any such person, an opportunity of becoming a party to the proceedings. (2) The Authority shall, at least 21 days before applying to the court, publish in at least one local newspaper, a notice in accordance with rule 3, and shall as far as is practical, serve such a notice on each of the following persons— 782 Official Gazette nº 21bis of 25/05/2015 (a) (b) (c) (d) (e) (f) a person under whose name the aircraft or any other property is registered; a person if any, who appears to the Authority to be the owner of the aircraft or any other property; a person who appears to the Authority to be a charterer of the aircraft whether or not by demise; a person who appears to the Authority to be the operator of the aircraft; a person who is registered as a mortgagee of the aircraft or of any other property under the laws of Rwanda or who appears to the Authority to be a mortgagee of the aircraft under the law of any country other than Rwanda; and any other person who appears to the Authority to have a proprietary or financial interest in the aircraft or any other property. (3) If a person has been served with a notice in accordance with sub-paragraph 2, and the person informs the Authority in writing within 14 days of the service of the notice of his intention to be a party to the proceedings, the Authority shall cite the person as a defendant in the application. The delay is peremptory. 3. Content of notice A notice served in accordance with rule 2 shall— (a) (b) (c) state the nationality and registration marks on the aircraft; state the type of aircraft; in case any other property is detained for sale, description of the said property, the name of the district in which it is situated and the registered number, if any, of the land shall be given, and street number, if any; state that by reason of default in the payment of a sum due to the Authority for charges imposed by these regulations, the Authority, on a specified date, detained the aircraft or any other property under these regulations and unless payment of the sum so due is made within a period of 60 days from the date when the detention began, or within 21 days of the date of service of the notice, whichever is the later, will apply to the Court for leave to sell the aircraft or any other property; and invite the person to whom the notice is given to inform the Authority within 14 days of the service of the notice if he wishes to become a party to the proceedings on the application. (d) (e) Dr NZAHABWANIAMANA Alexis Minister of State in charge of Transport Seen and sealed with the Seal of the Republic: (sé) BUSINGYE Johnston Minister of Justice/Attorney General 783 Official Gazette nº 21bis of 25/05/2015 ANNEX XVI TO THE MINISTERIAL REGULATIONS Nº 02/MOS/TRANS/015 OF 08/04/2015 IMPLEMENTING THE LAW Nº 75/2013 OF 11/09/2013 ESTABLISHING REGULATION GOVERNING CIVIL AVIATION CIVIL AVIATION (SEARCH AND RESCUE) REGULATIONS 2015 Regulation 1. Citation 2. Search and rescue region 3. National Search and Coordination Committee 4. Chairman 5. Responsibilities 6. Search and Rescue Coordination Centre 7. International agreements or arrangements 8. Assistance by any aircraft 9. Unlawful act or omission 10. Notification 784 Official Gazette nº 21bis of 25/05/2015 CIVIL AVIATION (SEARCH AND RESCUE) REGULATIONS 2015 Citation Search and Rescue Region National Search and Co- ordination Committee Chairman Responsibilities 1. 2. 3. 4. 5. Search and Rescue Coordination Centre International agreements or arrangements 6. 7. These regulations can be cited quoted as Civil Aviation (Search and Rescue) Regulations 2015. The Authority shall be responsible for a civil aviation search and rescue region which shall be coincident with the Rwandan territorial boundaries. The Authority shall be in charge of a National Search and Rescue Coordination Committee (herein after referred to as the Committee) comprised of representatives from the Ministries responsible for Defence, police, immigration, health and such other members, including air carriers, as the Authority considers to be necessary or desirable for operational readiness in search and rescue work. A person appointed by the Authority shall be the chairman of the Committee. In collaboration with the Committee, the Authority shall have the following responsibilities: (a) to promote cooperation and provide coordination between various departments and agencies for search and rescue work; to provide search and rescue facilities for aircraft in distress, or relief operations, in the event of an air accident or natural disaster; to keep search and rescue facilities in a state of operational readiness and availability to meet any demand; to serve as a vehicle for co-operation with search and rescue centers in neighboring countries; (b) (c) (d) in accordance with the Standards and Recommended Practices contained in the latest effective editions of Annex 12 – Search and Rescue and other Annexes to the Chicago to Convention relating communications, the designation of rescue units and the preparation of a detailed plan for the conduct of air search and rescue operations. to search and rescue, those relating in particular The Authority shall be responsible for a Search and Rescue Coordination Centre, which shall be directed by a person appointed by the Authority. With the concurrence of the Minister, the Authority, shall, whenever it appears necessary or desirable, in conformity with Chapter 3 of Annex 12 – Search and Rescue international agreements, and arrangements with other States on the subject of international co-operation in the conduct of search and rescue operations. the Chicago Convention, negotiate to Assistance by any aircraft 8. The Authority or a person so authorized by it may call on any aircraft for air search and rescue work, and compensation may be authorized by the Authority for such work, limited to the cost of the operation only. 785 Official Gazette nº 21bis of 25/05/2015 Unlawful act or omission 9. In the case of an unlawful act or omission by any person resulting in air search and rescue work, the Authority may direct that the whole or any part of the expense thereby incurred may be recovered from such person. Notification 10. (1) Any person who knows or has reason to believe that an aircraft is or may be in distress shall notify the nearest air traffic control unit, a police station, a military unit or district administration who shall, in turn, immediately inform the Search and Rescue Coordination Centre or any air traffic control unit for any necessary action. (2) Any person who contravenes to sub-regulation (1) shall be liable to either imprisonment for a maximum of six (6) months or a fine of six hundred thousand (600,000) francs or to both. Dr NZAHABWANIAMANA Alexis Minister of State in charge of Transport Seen and sealed with the Seal of the Republic: (sé) BUSINGYE Johnston Minister of Justice/Attorney General 786 Official Gazette nº 21bis of 25/05/2015 ANNEX XVII TO THE MINISTERIAL REGULATIONS Nº 02/MOS/TRANS/015 OF 08/04/2015 IMPLEMENTING THE LAW Nº 75/2013 OF 11/09/2013 ESTABLISHING REGULATION GOVERNING CIVIL AVIATION CIVIL AVIATION (AIRCRAFT ACCIDENT AND INCIDENT INVESTIGATION) REGULATIONS 2015 Regulation 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. ARRANGEMENT OF REGULATIONS PART 1- PRELIMINARY Citation Interpretation Application PART 2-ADMINISTRATION Objective of the investigation Mandatory reporting of accidents and incidents Notification by Investigator-In- Charge Duties of the Investigator-In- Charge Powers of Investigator-In- Charge Form and conduct of investigations Interviews Accredited representatives, advisers, etc., of Contracting States Investigator-In- Charge as accredited representative Presence at tests Investigation reports Return of seized property Keeping and preservation of information SCHEDULES 787 Official Gazette nº 21bis of 25/05/2015 Civil Aviation (Aircraft Accident and Incident Investigation) Regulations 2015 Citation 1. These Regulations may be cited as Civil Aviation (Aircraft Accident and Incident Investigation) Regulations 2015. Interpretation 2. When the following terms are used in these Regulations, they have the following meanings: “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:  being in the aircraft, or  direct contact with any part of the aircraft, including parts which have become detached from the aircraft, or  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: the  adversely affects structural strength, performance or flight characteristics of the aircraft, and  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; “accredited representative” means a person designated by another State, on the basis of his or her qualifications, for the purpose of participating in an investigation conducted by the Republic of Rwanda or in case of Rwanda, a person designated by the Minister for the purpose of participating in an investigation conducted by another State. “adviser” means a person appointed by the Minister or by another State, on the basis of his or her qualifications, for the purpose of assisting its accredited representative in an investigation; “aircraft” means any machine that can derive support in the atmosphere from the 788 Official Gazette nº 21bis of 25/05/2015 reactions of the air other than the reactions of the air against the earth’s surface; “causes” means actions, omissions, events, conditions, or a combination thereof, which led to the accident or incident. The identification of causes does not imply the assignment of fault or the determination of administrative, civil or criminal liability; “contributing factors” means actions, omissions, events, conditions, or a combination thereof, which, if eliminated, avoided or absent, would have reduced the probability of the accident or incident occurring, or mitigated the severity of the consequences of the accident or incident. The identification of contributing factors does not imply the assignment of fault or the determination of administrative, civil or criminal liability; “flight recorder” means any type of recorder installed in the aircraft for the purpose of complementing accident/incident investigation; “incident” means an occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect the safety of operation; “investigation” means a process conducted for the purpose of accident prevention which includes the gathering and analysis of information, the drawing of conclusions, including the determination of causes and/or contributing factors and, when appropriate, the making of safety recommendations; “investigator” means a person appointed by the Minister to assist the Investigator-In- Charge in the conduct of investigations. “Investigator-In- Charge” means a person designated by the Minister, on the basis of his or her qualifications, with the responsibility for the organization, conduct and control of an investigation; “maximum mass” means maximum certificated take-off mass; “Minister” means the minister in charge of civil aviation; “operator” means a person, organization or enterprise engaged in or offering to engage in an aircraft operation; “preliminary report” means the communication used for the prompt dissemination of data obtained during the early stages of the investigation; “safety recommendation” means a proposal of an accident investigation authority based on information derived from an investigation, made with the intention of preventing accidents or incidents and which in no case has the purpose of creating a presumption of blame or liability for an accident or incident. In addition to safety recommendations arising safety recommendations may result from diverse sources, including safety studies; from accident and investigations, incident “serious incident” means an incident involving circumstances indicating that there was a high probability of an accident and 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, 789 Official Gazette nº 21bis of 25/05/2015 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; “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 involves verified exposure to infectious substances or injurious radiation; f) “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 Occurrence” means the State in the territory of which an accident or incident occurs; “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 of Registry” means the State on whose register the aircraft is entered; “state safety programme (SSP)” means an integrated set of regulations and activities aimed at improving safety; Application 3. These regulations shall apply to all accidents or incidents involving civil aircraft: (a) in or over Rwanda; (b) in location which cannot definitely be established as being in the territory of any State; and (c) in or over any other place if Rwanda is requested to investigate the accident or incident by an appropriate authority. Objective of the investigation 4. (1) The sole objective of the investigation of an accident or incident under these Regulations shall be the prevention of accidents and incidents. It is not the purpose this activity to apportion blame or liability. (2) It shall not be the purpose of such an investigation to apportion blame or liability. 790 Official Gazette nº 21bis of 25/05/2015 (3) Any investigation conducted in accordance with these regulations shall be separate from any judicial or administrative proceedings to apportion blame or liability. (4) An investigation shall normally include: (a) the gathering, recording and analysis of all relevant information on the accident or incident; (b) if appropriate, the issuance of safety recommendations; (c) if possible, the determination of the causes or contributing factors, or both; and (d) the completion of the Final Report. (5) (6) Any investigation carried out under these regulations shall be separate from any judicial or administrative proceedings to apportion blame or liability. In making his findings as to the causes and contributing factors of an accident or incident, it is not the function of the Investigator-In- Charge to assign fault or determine civil or criminal liability, but the Investigator-In- Charge shall not refrain from fully reporting on the causes and contributing factors merely because fault or liability might be inferred from the Investigator-In- Charge’s findings. (7) No finding of the Investigator-In- Charge shall be construed as assigning fault or determining civil or criminal liability. (8) The findings of the Investigator-In- Charge are not binding on the parties to any legal, disciplinary or other proceedings. 5. Mandatory reporting of accidents and incidents (1) The owner, operator, pilot-in-command, any crew member of the aircraft and any person providing air traffic services that have direct knowledge of the accidents or incidents contained in the First Schedule shall report to the Minister if they result directly from the operation of an aircraft. (2) The report must contain the following information: (a) the type, model, nationality and registration marks of the aircraft; (b) the name of the owner, operator, pilot-in-command and, if applicable, hirer of the aircraft; (c) the last point of departure and the intended destination of the aircraft, including the date and time of the departure; (d) the date and time of the occurrence; 791 Official Gazette nº 21bis of 25/05/2015 (e) the name of the entity providing air traffic services related to the accident or incident; (f) the number of crew members, passengers and other persons involved in the occurrence and the number of those who were killed or sustained serious injuries as a result of the accident or incident; (g) the location of the occurrence by reference to an easily defined geographical point, or by latitude and longitude; (h) a description of the accident or incident and the extent of any resulting damage to the environment and to the aircraft and any other property; (i) a list of any dangerous goods carried on board or released from the aircraft, including the shipping name or UN number and consignor and consignee information; (j) if the aircraft is missing or inaccessible: (i) the last known position of the aircraft by reference to an easily defined geographical point, or by latitude and longitude, including the date and time that the aircraft was at that position, and (ii) the actions taken or planned to locate or gain access to the aircraft; (k) a description of any action taken or planned to protect persons, property and the environment; (l) the name and title of the person making the report and the phone number and address at which they can be reached; and (m) any information specific to the accident or incident that the Minister requires. (3) The person making the report must send to the Minister: (a) as soon as possible and by the quickest means available, all the information required under paragraph (2) that is available at the time of the accident or incident; and (b) the remainder of that information as soon as it becomes available within 30 days after the accident or incident. Notification by Investigator- In- Charge 6. (1) The Investigator-In- Charge shall forward a notification of an accident or serious incident, with a minimum of delay and by the most suitable and quickest means available, to: a) the State of Registry; b) the State of the Operator; 792 Official Gazette nº 21bis of 25/05/2015 c) the State of Design; d) the State of Manufacture; and e) the International Civil Aviation Organization, when the aircraft involved is of a maximum mass of over 2 250 kg or is a turbojet-powered aeroplane. (2) The notification shall be in plain English language and contain as much information as is readily available, but its dispatch shall not be delayed due to the lack of complete information: (a) for accidents the identifying abbreviation ACCID, for serious incidents INCID; (b) manufacturer, model, nationality and registration marks, and serial number of the aircraft; (c) name of owner, operator and hirer, if any, of the aircraft; (d) qualification of passengers; the pilot-in-command, and nationality of crew and (e) date and time (local time or UTC) of the accident or serious incident; (f) last point of departure and point of intended landing of the aircraft; (g) position of the aircraft with reference to some easily defined geographical point and latitude and longitude; (h) number of crew and passengers; aboard, killed and seriously injured; others, killed and seriously injured; (i) description of the accident or serious incident and the extent of damage to the aircraft so far as is known; (j) an indication to what extent the investigation will be conducted or is proposed to be delegated by the State of Occurrence; (k) physical characteristics of the accident or serious incident area, as well as an indication of access difficulties or special requirements to reach the site; (l) identification of the originating authority and means to contact the Investigator-In- Charge and the accident investigation authority of the State of Occurrence at any time; and (m) presence and description of dangerous goods on board the aircraft. (3) As soon as it is possible to do so, the Investigator-In-Charge shall dispatch the details omitted from the notification as well as other known relevant information. (4) Notification of an accident or serious incident involving a Rwandan operator received from other States shall be acknowledged. Designation 7. (1) The Minister shall designate the investigator-in-charge of the investigation who 793 and Duties of the Investigator- In- Charge Official Gazette nº 21bis of 25/05/2015 shall initiate the investigation immediately. (2) The duties of the Investigator-In- Charge shall be to advance aviation safety by: (a) conducting independent investigations, including, when necessary, public inquiries, into selected accidents or incidents in order to make findings as to their causes and contributing factors; (b) identifying safety deficiencies as evidenced by accidents or incidents; (c) making recommendations designed to eliminate or reduce any such safety deficiencies; and (d) reporting publicly on his investigations and on the findings in relation thereto. (2) (3) (4) (5) (6) Investigator-In- Charge shall establish and maintain an accident and incident database to facilitate the effective analysis of information on actual or potential safety deficiencies and to determine any preventive actions required. Investigator-In- Charge shall share the accident and incident database referenced in paragraph (2) with entities implementing SSP to support their safety responsibilities. Safety recommendations addressed to an organization in another State, shall also be transmitted to that State’s investigation authority. The Investigator-In- Charge shall develop documented policies and procedures to be followed in the conduct of investigations The Investigator-In- Charge shall report to the Minister with respect to his/her investigations and shall conduct such further investigation as the Minister requires. (7) When requested to do so by the investigating body or entity of another Contracting State, the Investigator-In- Charge may provide assistance to that body or entity by supplying— (a) installations, facilities and equipment for— — the technical investigation of wreckage and aircraft equipment and other objects relevant to the investigation, — the evaluation of information from flight recorders, and — the computer storage and evaluation of aircraft accident data, and (b) accident investigation experts to undertake specific tasks but only when an investigation is opened following a major accident. Powers of Investigator- 8. (1) The Investigator-In- Charge shall have exclusive authority to direct the conduct of investigations on behalf of the Minister under these regulation in relation to 794 Official Gazette nº 21bis of 25/05/2015 In- Charge accidents and incidents. (2) Where the Investigator-In- Charge believes on reasonable grounds that there is, or may be, at or in any place, anything relevant to the conduct of an investigation of an accident or incident, the Investigator-In- Charge may, subject to paragraph (3), enter and search that place for any such thing, and seize any such thing that is found in the course of that search. (3) The Investigator-In- Charge shall not exercise the powers referred to in paragraph (2) in relation to a particular place without the consent of the person apparently in charge of that place unless: (a) those powers are so exercised in relation to that place under the authority of a warrant issued by the court, or (b) by reason of exigent circumstances, it would not be practical for the Investigator-In- Charge to obtain a warrant from the court. (4) The Investigator-In- Charge may apply to a court for a warrant authorizing him to enter and search any place and to seize any such thing found in the course of that search, if he believes on reasonable grounds that there is, or may be, at or in that place, anything relevant to the conduct of an investigation of an accident or incident. (5) Where any thing is seized by the Investigator-In- Charge under paragraph (2), the Investigator-In- Charge: (a) may, subject to sub-paragraph (b), cause such tests, including tests to destruction, to be conducted on the thing as are necessary for the purposes of the investigation in respect of which the thing was seized; (b) shall, to the extent that it is practical and safe to do so and does not unreasonably impede the progress of the investigation, (i) take all reasonable measures to invite the owner of the thing, and any person who appears on reasonable grounds to be entitled to it, to be present at any tests referred to in sub-paragraph (a), and (ii) allow persons referred to in (i) to be present at those tests; and (c) subject to the need to conduct such tests, shall cause the thing to be preserved pending its return in accordance with regulation 9. (6) The Investigator-In- Charge may, for the purposes of preserving and protecting any thing involved or likely to have been involved in an accident or incident, whether or not the thing has been seized under this regulation, prohibit or limit access to the area immediately surrounding the place at which the thing is located for such period as is necessary for the purposes of the investigation of the accident or incident. (7) In exercising the power conferred by paragraph (6), the Investigator-In- Charge 795 Official Gazette nº 21bis of 25/05/2015 shall have regard to the desirability of minimizing any resulting disruption to aviation services. (8) No person shall knowingly enter an area in contravention of a prohibition or limitation of access pursuant to paragraph (6). (9) The Investigator-In- Charge who is investigating an accident or incident may: (a) where the Investigator-In- Charge believes on reasonable grounds that a person is in possession of information relevant to that investigation, (i) by notice in writing signed by the Investigator-In- Charge, require the person to produce the information to the Investigator-In- Charge or to attend before the Investigator-In- Charge and give a statement, under oath or solemn affirmation if required by the Investigator-In- Charge, and (ii) make such copies of or take such extracts from the information as the Investigator-In- Charge deems necessary for the purposes of the investigation; (b) where the investigator believes on reasonable grounds that the medical examination of a person who is directly or indirectly involved in the operation of an aircraft, or may be, relevant to the investigation, by notice in writing signed by the Investigator-In-Charge, require the person to submit to a medical examination; (c) where the Investigator-In- Charge believes on reasonable grounds that a physician or other health practitioner has information concerning a patient that is relevant to that investigation, by notice in writing signed by the investigator, require the physician or practitioner to provide that information to the investigator; or (d) where the the investigator believes on reasonable grounds performance of an autopsy on the body of a deceased person, or the carrying out of other medical examinations of human remains, is, or may be, relevant to the conduct of the investigation, cause such an autopsy or medical examination to be performed and, for that purpose, by notice in writing signed by the investigator, require the person having custody of the body of the deceased person or other human remains to permit the performance of that autopsy or that medical examination. that (e) When appropriate, the Investigator-In- Charge should arrange for medical examination of the crew, passengers and involved aviation personnel, by a physician, preferably experienced investigation. These examinations should be expeditious. in accident (10) No person shall refuse or fail to produce information to the Investigator-In- Charge, or to attend before Investigator-In- Charge and give a statement, in accordance with a requirement imposed under paragraph (9)(a), or to provide information in accordance with a requirement imposed under paragraph (9)(c) or to make the body of a deceased person or other human remains available for the 796 Official Gazette nº 21bis of 25/05/2015 performance of an autopsy or medical examination in accordance with a requirement imposed under paragraph (9)(d). (11) No person shall refuse or fail to submit to a medical examination in accordance with a requirement imposed under paragraph (9)(b), but information obtained pursuant to such an examination is privileged and, subject to the power of the Investigator-In- Charge to make such use of it as he considers necessary in the interests of aviation safety, no person shall: (a) knowingly communicate it or permit it to be communicated to any person; or (b) be required to produce it or give evidence relating to it in any legal, disciplinary or other proceedings. (12) Before acting under this regulation, an investigator shall, on request, produce the Investigator-In- Charge’s credential to any person in relation to whom the investigator acts. (13) The requirement under paragraph (9) that a person submit to a medical examination shall not be construed as a requirement that the person submit to any procedure involving surgery, perforation of the skin or any external tissue or the entry into the body of any drug or foreign substance. (14) Nothing in this regulation shall be taken: (a) to imply that a thing seized pursuant to paragraph (1) may not be an aircraft, or any part thereof; or (b) to authorize the exercise of a power by the Investigator-In- Charge in circumstances where the exercise of that power would be inconsistent with these regulations. (15) In executing a warrant under this regulation, the Investigator-In- Charge shall not use force unless the Investigator-In- Charge is accompanied by a police officer and the use of force is specifically authorized in the warrant. (16) Where the Investigator-In- Charge has required a person to do something under paragraph (9)(a), (b), (c) or (d) and the person has refused to do as required, the Investigator-In- Charge may make an application to the court setting out the facts, and the court may inquire into the matter and, after giving the person an opportunity to comply with the requirement, take steps for the punishment of the person as if the person had been guilty of contempt of the court, or may make such other order as it finds appropriate. (17) The Investigator-In- Charge shall have unhampered access to the wreckage and all relevant material, including flight recorders and ATS records, and shall have unrestricted control over it to ensure that a detailed examination can be made without delay by authorized personnel participating in the investigation. Form and 9. (1) The Investigator-in-Charge shall institute investigations into the circumstances of 797 Official Gazette nº 21bis of 25/05/2015 conduct of investigations all accidents and serious incident when the aircraft is of a maximum mass of over 2 250 kg. (2) When the accident or the serious incident involving a Rwanda registered aircraft or a Rwandan operator has occurred in the territory of a non-Contracting State which does not intend to conduct an investigation in accordance with Annex 13, Rwanda will endeavour to institute and conduct an investigation in cooperation with the State of Occurrence but, failing such cooperation, Rwanda will itself conduct an investigation with such information as is available. (3) Where the State of Registry is a non-Contracting State which does not intend to conduct an investigation in accordance with Annex 13, Rwanda as the State of shall endeavour to institute and conduct an investigation. (4) An investigation shall be conducted in private. (5) The extent of investigations and the procedure to be followed in carrying out investigations required or authorised under these regulations shall be determined by the Investigator-In-Charge taking into account: (a) the objective of the investigation set out in these regulations; (b) the lessons expected to be drawn from the aircraft accident or incident for the improvement of safety; and (c) the complexity of the investigation. (6) Where, in the course of an investigation into an accident or a serious incident, it becomes known or is suspected that an act of unlawful interference was involved, the Investigator-In- Charge shall, after consultation with the Minister: (a) immediately inform the police; or (b) take steps to ensure that the aviation security authorities of other Contracting States concerned are informed of the fact. (7) (8) Effective use shall be made of flight recorders in the investigation of an accident or an incident. The Investigator-In- Charge shall arrange for the read-out of the flight recorders without delay. (9) When conducting the investigation into a fatal accident, the Investigator-In- Charge shall arrange for expeditious and complete autopsy examination of fatally injured flight crew and, subject to the particular circumstances, of fatally injured passengers and cabin attendants, by a pathologist, preferably experienced in accident investigation. (10) When appropriate, the Investigator-In- Charge shall arrange for expeditious medical examination of the crew, passengers and involved aviation personnel, by a physician, preferably experienced in accident investigation. 798 Official Gazette nº 21bis of 25/05/2015 (11) The Investigator-In- Charge shall coordinate with the judicial authorities with regard to evidence which requires prompt recording and analysis for the investigation to be successful, such as the examination and identification of victims and read-outs of flight recorder recordings. (12) The Investigator-In- Charge shall not make the following records available for purposes other than accident or incident investigation, unless the appropriate authority for the administration of justice in Rwanda determines that their disclosure outweighs the adverse domestic and international impact such action may have on that or any future investigations: (a) (b) all statements taken from persons by the Investigator-In- Charge in the course of their investigation; all communications between persons having been involved in the operation of the aircraft; (c) medical or private information regarding persons involved in the accident or incident; (d) cockpit voice recordings and transcripts from such recordings; (e) recordings and transcriptions of recordings from air traffic control units; (f) (g) cockpit airborne image recordings and any part or transcripts from such recordings; and opinions expressed in the analysis of information, including flight recorder information. (13) The records referred to in paragraph (12) shall be included in the final report or its appendices only when pertinent to the analysis of the accident or incident. Parts of the records not relevant to the analysis shall not be disclosed. (14) The names of the persons involved in the accident or incident shall not be disclosed to the public. (15) If, after the investigation has been closed, new and significant evidence becomes available, the Investigator-In- Charge shall reopen it. (16) Upon receipt of the notification, when Rwanda is the State of the Operator, the Investigator-In-Charge shall, with a minimum of delay and by the most suitable and quickest means available, provide the State of Occurrence with details of dangerous goods on board the aircraft. (17) If a request is received from the State of Registry, the State of the Operator, the State of Design or the State of Manufacture that the aircraft, its contents, and any other evidence remain undisturbed pending inspection by an accredited representative of the requesting State, the Investigator-In-Charge shall take all necessary steps to comply with such request, so far as this is reasonably 799 Official Gazette nº 21bis of 25/05/2015 practicable and compatible with the proper conduct of the investigation; provided that the aircraft may be moved to the extent necessary to extricate persons, animals, mail and valuables, to prevent destruction by fire or other causes, or to eliminate any danger or obstruction to air navigation, to other transport or to the public, and provided that it does not result in undue delay in returning the aircraft to service where this is practicable. (18) When neither the State of Registry, nor the State of the Operator appoint an accredited representative, the Investigator-In-Charge should invite the operator to participate, subject to established procedures. (19) When neither the State of Design nor the State of Manufacture appoint an accredited the organizations responsible for the type design and the final assembly of the aircraft to participate, subject to the procedures of the State conducting the investigation. Investigator-In-Charge representative, should invite the (20) The Investigator-In-Charge shall, on request from the State conducting the investigation of an accident or an incident, provide that State with all the relevant information available to him. (21) A person, the facilities or services of which have been, or would normally have been, used by an aircraft prior to an accident or an incident, and which has information pertinent to the investigation, shall provide such information to the State conducting the investigation. (22) When an aircraft registered in Rwanda or operated by a Rwanda operator is involved in an accident or a serious incident in Rwanda and lands in another State, the Investigator-In-Charge shall, on request from the State conducting the investigation, furnish the flight recorder records and, if necessary, the associated flight recorders. (23) When an aircraft registered in Rwanda or operated by a Rwanda operator, the Investigator-In-Charge, on request from the State conducting the investigation, shall provide pertinent information on any organization whose activities may have directly or indirectly influenced the operation of the aircraft. (24) In the event that the Investigator-In-Charge does not have adequate facilities to read out the flight recorders, he should use the facilities made available to him by other States, giving consideration to the following: (a) the capabilities of the read-out facility; (b) the timeliness of the read-out; and (c) the location of the read-out facility. Interviews 10. (1) An interview of a person who is required to attend before the Investigator-In- Charge in accordance with regulation 8(9)(a)(i) must be held in camera. (2) Only the following persons may attend an interview: 800 Official Gazette nº 21bis of 25/05/2015 (a) any person who is requested by the investigator to attend; and (b) subject to paragraph (3), one person chosen by the person who is being interviewed. (3) The person who is being interviewed must not choose a person to attend an interview who is required to attend before an investigator in accordance with reulation 8(9)(a)(i) (4) The Investigator-In- Charge may exclude from the interview the person chosen by the person who is being interviewed if that person’s behaviour or interventions interfere with the proper conduct of the interview. (5) Any statement of a person attending before an investigator must be taken in a manner so that a complete and usable record of the statement is obtained. (6) On written request, a person making a statement must be provided with a copy of that statement. Accredited representative s, advisers, etc., of Contracting States 11. (1) Where an investigation into an accident or a serious incident is being carried out by the Investigator-In-Charge under these regulations, each of the following States that is a Contracting State shall be entitled to appoint an accredited representative to participate in the investigation and one or more advisers, to assist the accredited representative: (a) the State of Registry; (b) the State of the Operator; (c) the State of Manufacture; (d) the State of Design; (e) a State which has, on request, provided information, facilities or experts to the Investigator-In- Charge in connection with the investigation. (2) An accredited representative shall be entitled to participate in all aspects of an investigation under the control of the Investigator-In- Charge and shall be entitled, in particular, to: (a) visit the scene of the accident; (b) examine the wreckage; (c) obtain witness information and suggest areas for questioning witnesses; (d) have full access to all relevant evidence as soon as possible; (e) receive copies of all pertinent documents; 801 Official Gazette nº 21bis of 25/05/2015 (f) participate in readouts of recorded media; (g) (h) participate in off-scene investigative activities such as component examinations, technical briefings, tests and simulations; participate in investigation progress meetings, including deliberations related to analysis, findings, causes, contributing factors and safety recommendations; and (i) make submissions in respect of various aspects of the investigation. (3) Notwithstanding sub-paragraph (2), the participation of the accredited representative of a Contracting State other than the State of Registry, the State of the Operator, the State of Design and the State of Manufacture may be limited to those matters in respect of which the State has, on request, provided information, facilities or experts to the Investigator-In- Charge in connection with the investigation. (4) When neither the State of Design nor the State of Manufacture appoint an accredited representative, the Minister conducting the investigation may invite the organizations responsible for the type design and the final assembly of the aircraft to participate. (5) A Contracting State which has a special interest in an accident by virtue of fatalities or serious injuries to its citizens shall be entitled to appoint an expert to participate in the investigation. (6) An expert appointed under sub-paragraph (5) shall be entitled to: (a) visit the scene of the accident; (b) have access to the relevant factual information which is approved for public release by the Investigator-In- Charge, and to information on the progress of the investigation; and (c) receive a copy of the Final Report. (7) An adviser assisting an accredited representative shall be entitled to participate in the investigation under the accredited representative’s supervision and to the extent necessary to make the accredited representative’s participation effective. (8) The accredited representative, his adviser and the expert appointed under sub- paragraph (5): (a) (b) shall provide the Investigator-In-Charge with all relevant information available to them; and shall not disclose any information on the progress and findings of the investigation without the express consent in writing of the Investigator-In- Charge. 802 Official Gazette nº 21bis of 25/05/2015 12. Investigator- In- Charge as accredited representative (1) When the State conducting an investigation of an accident to an aircraft of a maximum mass of over 2 250 kg specifically requests participation by the State of Registry, the State of the Operator, the State of Design or the State of Manufacture, and when Rwanda is among them, the Minister shall appoint an accredited representative. (2) The Investigator-In-Charge, may participate as or appoint an accredited representative to participate in the investigation into an accident or incident which occurs in another Contracting State and one or more advisers to assist the accredited representative in any of the following cases: (a) where Rwanda is the State of Registry, State of the Operator of the aircraft involved in the accident or incident; (b) where Rwanda has a special interest in an accident by virtue of fatalities or serious injuries to its citizens; (b) where Rwanda has, at the request of the Contracting State conducting the investigation, provided information, facilities or experts to the State in connection with the investigation. (3) The Investigator-In-Charge, may appoint an expert to participate in the investigation into an accident which occurs in another Contracting State where Rwanda has a special interest in the accident by virtue of fatalities or injuries to citizens of Rwanda. (4) Upon receipt of the notification, when Rwanda is the State of Registry or State of the Operator, as soon as possible, the Investigator-In-Charge shall provide the State of Occurrence with any relevant information available to him regarding the aircraft and flight crew involved in the accident or serious incident. (5) The Investigator-In-Charge shall also inform the State of Occurrence whether he intends to participate or appoint an accredited representative and if such an accredited representative is appointed, the name and contact details; as well as the expected date of arrival if the accredited representative will travel to the State of Occurrence. Presence at tests 13. When a person is invited to be present at a test in accordance with regulation 8(5)(b)(i), that person may: (a) be represented by a person having technical knowledge and expertise in the subject matter of the test; and (b) record or cause to be recorded the condition of the thing being tested before, during and after the test. Investigation reports 14. (1) When the aircraft involved in an accident is of a maximum mass of over 2 250 kg, the Investigator-In- Charge shall send the Preliminary Report to: (a) the State of Registry or the State of Occurrence, as appropriate; 803 Official Gazette nº 21bis of 25/05/2015 (b) the State of the Operator; (c) the State of Design; (d) the State of Manufacture; (e) any State that provided relevant information, significant facilities or experts; and (f) the International Civil Aviation Organization. (2) When the aircraft involved in an accident is of a maximum mass of 2 250 kg or less and when airworthiness or matters considered to be of interest to other States are involved, the Investigator-In- Charge shall forward the Preliminary Report to: (a) the State of Registry or the State of Occurrence, as appropriate; (b) the State of the Operator; (c) the State of Design; (d) the State of Manufacture; and (e) any State that provided relevant information, significant facilities or experts. (3) The Preliminary Report shall be in plain English language and be sent by facsimile, e-mail, or airmail within thirty days of the date of the accident unless the Accident/Incident Data Report has been sent by that time. When matters directly affecting safety are involved, it shall be sent as soon as the information is available and by the most suitable and quickest means available. (4) On completion of any investigation, the Investigator-In-Charge shall prepare and make available to the public a report on its findings, including any safety deficiencies that it has identified and any recommendations that he or she considers appropriate in the interests of aviation safety. (5) Before making public a report under paragraph (1), the Investigator-In-Charge shall, on a confidential basis, send a copy of the draft report on its findings and any safety deficiencies that he or she has identified to the following States inviting their significant and substantiated comments on the report as soon as possible: a) the State that instituted the investigation; b) the State of Registry; c) the State of the Operator; d) the State of Design; e) the State of Manufacture; and 804 Official Gazette nº 21bis of 25/05/2015 f) any State that participated in the investigation. (6) (7) Through the State of the Operator, a copy of the draft Final Report shall be sent to the operator to enable the operator to submit comments on the draft Final Report. Through the State of Design and the State of Manufacture, a copy of the draft Final Report shall be sent to the organizations responsible for the type design and the final assembly of the aircraft to enable them to submit comments on the draft Final Report. (8) No person shall circulate, publish or give access to a draft report or any part thereof, or any documents obtained during an investigation of an accident or incident, without the express consent of the State which conducted the investigation, unless such reports or documents have already been published or released by that State. (9) The the Investigator-In- Charge shall: (a) receive comments made pursuant to paragraph (5) in any manner the Investigator-In- Charge considers appropriate; (b) keep a record of those comments; (c) consider those comments before preparing his final report or, if desired by the State which provided the comments, append the comments to the final report; (d) notify in writing each of the persons who made those comments, indicating how the Investigator-In- Charge has disposed of that person’s comments; and (e) if no comments received within sixty days of the date of the first transmittal letter, issue the Final Report in accordance with paragraph (4), unless an extension of that period has been agreed by the States concerned. (10) The Final Report of the investigation of an accident or incident shall be in a format contained in the Second Schedule and shall be sent with a minimum of delay investigation to: a) the State that instituted the investigation; b) the State of Registry; c) the State of the Operator; d) the State of Design; e) the State of Manufacture; 805 Official Gazette nº 21bis of 25/05/2015 f) any State that participated in the investigation; g) any State having suffered fatalities or serious injuries to its citizens; and h) any State that provided relevant information, significant facilities or experts. (11) (12) In the interest of accident prevention, the Investigator-In-Charge shall make the Final Report publicly available as soon as possible and, if possible, within twelve months. If the report cannot be made publicly available within twelve months, Investigator-In- Charge shall make an interim statement publicly available on each anniversary of the occurrence, detailing the progress of the investigation and any safety issues raised. (13) When the aircraft involved in an accident is of a maximum mass of over 2 250 kg, the Investigator-In- Charge shall send, as soon as practicable after the investigation, the Accident Data Report to the International Civil Aviation Organization. (14) A copy of the Final Report of an accident or an incident involving an aircraft of a maximum mass of over 5 700 kg shall be sent to the International Civil Aviation Organization. (15) At any stage of the investigation of an accident or incident, the Investigator-In- Charge shall recommend in a dated transmittal correspondence to the appropriate authorities, including those in other States, any preventive action that he considers necessary to be taken promptly to enhance aviation safety. (16) The Investigator-In-Charge shall address, when appropriate, any safety recommendations arising out of his investigations in a dated transmittal correspondence to the accident investigation authorities of other State(s) concerned and, when ICAO documents are involved, to ICAO. (17) Investigator-In-Charge shall implement procedures to record the responses to the safety recommendation issued. (18) When the Minister receives safety recommendations shall inform the proposing State, within ninety days of the date of the transmittal correspondence, of the preventive action taken or under consideration, or the reasons why no action will be taken. (19) The Investigator –in-Charge shall establish procedures to monitor the progress of the action taken in response to that safety recommendation that are received from other States. Return of seized property 15. (1) Any thing seized pursuant to regulation 8, shall, unless: (a) the owner thereof or a person who appears on reasonable grounds to be 806 Official Gazette nº 21bis of 25/05/2015 entitled thereto consents otherwise in writing, or (b) a court of competent jurisdiction orders otherwise, be returned to that owner or person, or to the person from whom it was seized, as soon as possible after it has served the purpose for which it was seized. (2) A person from whom any thing was seized pursuant to regulation 8, or the owner or any other person who appears on reasonable grounds to be entitled thereto, may apply to a court of competent jurisdiction for an order that the seized thing be returned to the person making the application. (3) Where, on an application under paragraph (2), the court is satisfied that the seized thing has served the purpose for which it was seized or should, in the interests of justice, be returned to the applicant, the court may grant the application and order the seized thing to be returned to the applicant, subject to any terms or conditions that appear necessary or desirable to ensure that the thing is safeguarded and preserved for any purpose for which it may subsequently be required by the Investigator-In- Charge under these regulations. (4) This regulation does not apply in respect of anything seized and tested to destruction in accordance with regulation 8 (5). Keeping and preservation of information 16. (1) If the Investigator-In- Charge conducts an investigation into an accident or incident, the Investigator-In- Charge shall open and maintain a file relating to the investigation. (2) An investigation file shall contain all of the information relevant to the accident or incident and records of representations required to be kept by the Investigator- In- Charge. (3) An investigation file shall be preserved by the Investigator-In- Charge for a period of not less than 20 years after the date of the accident or incident. 807 Official Gazette nº 21bis of 25/05/2015 FIRST SCHEDULE [Regulation 5] Accidents and Incidents to be reported to the Minister (1) In the case of an accident (a) a person is killed or sustains a serious injury as a result of: (i) being on board the aircraft, (ii) coming into direct contact with any part of the aircraft, including parts that have become detached from the aircraft, or (iii) being directly exposed to jet blast, rotor down wash or propeller wash, (b) the aircraft sustains structural failure or damage that adversely affects the aircraft’s structural strength, performance or flight characteristics and would normally require major repair or replacement of any affected component, except for (i) engine failure or damage, when the damage is limited to the engine, its cowlings or accessories, or (iii) damage limited to propellers, wing tips, antennae, tires, brakes, fairings or small dents or puncture holes in the aircraft’s skin, or (c) the aircraft is missing or inaccessible. (2) In the case of an incident involving an aircraft: (a) an engine fails or is shut down as a precautionary measure, (b) a power train transmission gearbox malfunction occurs, (c) smoke is detected or a fire occurs on board, (d) difficulties in controlling the aircraft are encountered owing to any aircraft system malfunction, weather phenomena, wake turbulence, uncontrolled vibrations or operations outside the flight envelope, (e) the aircraft fails to remain within the intended landing or take-off area, lands with all or part of the landing gear retracted or drags a wing tip, an engine pod or any other part of the aircraft, (f) a crew member whose duties are directly related to the safe operation of the aircraft is unable to perform their duties as a result of a physical incapacitation which poses a threat to the safety of persons, property or the environment, (g) depressurization of the aircraft occurs that requires an emergency descent, (h) a fuel shortage occurs that requires a diversion or requires approach and landing priority at the destination of the aircraft, 808 Official Gazette nº 21bis of 25/05/2015 (i) the aircraft is refuelled with the incorrect type of fuel or contaminated fuel, (j) a collision, a risk of collision or a loss of separation occurs, (k) a crew member declares an emergency or indicates an emergency that requires priority handling by air traffic services or the standing by of emergency response services, (m) a slung load is released unintentionally or as a precautionary or emergency measure from the aircraft, or (n) any dangerous goods are released in or from the aircraft. 809 Official Gazette nº 21bis of 25/05/2015 SECOND SCHEDULE Regulation 12(8) FORMAT OF THE FINAL REPORT Title. The Final Report begins with a title comprising: name of the operator; manufacturer, model, nationality and registration marks of the aircraft; place and date of the accident or incident. Synopsis. Following the title is a synopsis describing briefly all relevant information regarding: notification of accident to national and foreign authorities; identification of the accident investigation authority and accredited representation; organization of the investigation; authority releasing the report and date of publication; and concluding with a brief résumé of the circumstances leading to the accident. Body. The body of the Final Report comprises the following main headings: 1. Factual information 2. Analysis 3. Conclusions 4. Safety recommendations each heading consisting of a number of subheadings as outlined in the following. Appendices. Include as appropriate. 1. FACTUAL INFORMATION 1.1 History of the flight. A brief narrative giving the following information: — Flight number, type of operation, last point of departure, time of departure (local time or UTC), point of intended landing. — Flight preparation, description of the flight and events leading to the accident, including reconstruction of the significant portion of the flight path, if appropriate. — Location (latitude, longitude, elevation), time of the accident (local time or UTC), whether day or night. 1.2 Injuries to persons. Completion of the following (in numbers): 810 Official Gazette nº 21bis of 25/05/2015 Injuries Crew Passengers Others Fatal Serious Minor/None 1.3 Damage to aircraft. Brief statement of the damage sustained by aircraft in the accident (destroyed, substantially damaged, slightly damaged, no damage). 1.4 Other damage. Brief description of damage sustained by objects other than the aircraft. 1.5 Personnel information: a) Pertinent information concerning each of the flight crew members including: age, validity of licences, ratings, mandatory checks, flying experience (total and on type) and relevant information on duty time. b) Brief statement of qualifications and experience of other crew members. c) Pertinent information regarding other personnel, such as air traffic services, maintenance, etc., when relevant. 1.6 Aircraft information: a) Brief statement on airworthiness and maintenance of the aircraft (indication of deficiencies known prior to and during the flight to be included, if having any bearing on the accident). b) Brief statement on performance, if relevant, and whether the mass and centre of gravity were within the prescribed limits during the phase of operation related to the accident. (If not and if of any bearing on the accident give details.) c) Type of fuel used. 1.7 Meteorological information: a) Brief statement on the meteorological conditions appropriate to the circumstances including both forecast and actual conditions, and the availability of meteorological information to the crew. b) Natural light conditions at the time of the accident (sunlight, moonlight, twilight, etc.). 1.8 Aids to navigation. Pertinent information on navigation aids available, including landing aids such as ILS, MLS, NDB, PAR, VOR, visual ground aids, etc., and their effectiveness at the time. 1.9 Communications. Pertinent information on aeronautical mobile and fixed service communications and their effectiveness. 811 Official Gazette nº 21bis of 25/05/2015 1.10 Aerodrome information. Pertinent information associated with the aerodrome, its facilities and condition, or with the take-off or landing area if other than an aerodrome. 1.11 Flight recorders. Location of the flight recorder installations in the aircraft, their condition on recovery and pertinent data available therefrom. 1.12 Wreckage and impact information. General information on the site of the accident and the distribution pattern of the wreckage; detected material failures or component malfunctions. Details concerning the location and state of the different pieces of the wreckage are not normally required unless it is necessary to indicate a break-up of the aircraft prior to impact. Diagrams, charts and photographs may be included in this section or attached in the Appendices. 1.13 Medical and pathological information. Brief description of the results of the investigation undertaken and pertinent data available therefrom. 1.14 Fire. If fire occurred, information on the nature of the occurrence, and of the fire fighting equipment used and its effectiveness. 1.15 Survival aspects. Brief description of search, evacuation and rescue, location of crew and passengers in relation to injuries sustained, failure of structures such as seats and seat-belt attachments. 1.16 Tests and research. Brief statements regarding the results of tests and research. 1.17 Organizational and management the organizations and their management involved in influencing the operation of the aircraft. The organizations include, for example, the operator; the air traffic services, airway, aerodrome and weather service agencies; and the regulatory authority. The information could include, but not be limited to, organizational structure and functions, resources, economic status, management policies and practices, and regulatory framework. information concerning information. Pertinent 1.18 Additional information. Relevant information not already included in 1.1 to 1.17. 1.19 Useful or effective investigation techniques. When useful or effective investigation techniques have been used during the investigation, briefly indicate the reason for using these techniques and refer here to the main features as well as describing the results under the appropriate subheadings 1.1 to 1.18. Analyse, as appropriate, only the information documented in 1. — Factual information and which is relevant to the determination of conclusions and causes and/or contributing factors. 2. ANALYSIS 3. CONCLUSIONS List the findings, causes and/or contributing factors established in the investigation. The list of causes and/or contributing factors should include both the immediate and the deeper systemic causes and/or contributing factors. 812 Official Gazette nº 21bis of 25/05/2015 4. SAFETY RECOMMENDATIONS As appropriate, briefly state any recommendations made for the purpose of accident prevention and identify safety actions already implemented. Include, as appropriate, any other pertinent information considered necessary for the understanding of the report. APPENDICES Dr NZAHABWANIAMANA Alexis Minister of State in charge of Transport Seen and sealed with the Seal of the Republic: (sé) BUSINGYE Johnston Minister of Justice/Attorney General 813 Official Gazette nº 21bis of 25/05/2015 ANNEX XVIII TO THE MINISTERIAL REGULATIONS Nº 02/MOS/TRANS/015 OF 08/04/2015 IMPLEMENTING THE LAW Nº 75/2013 OF 11/09/2013 ESTABLISHING REGULATION GOVERNING CIVIL AVIATION CIVIL AVIATION (SECURITY) REGULATIONS 2015 Part I - Preliminary 1. Interpretation 2. Application Part II Aviation Security - Screening of Persons, Goods, Things And Vehicles 3. Authorized search 4. Screening officer: qualifications and powers 5. Screening officer: authorized search 6. Screening procedures issued by Authority 7. Operator and screening procedures 8. Refusal to comply 9. Circumventing screening 10. Screening while in possession of weapon 11. False declaration 12. Sale 13. Prohibition to persons – weapons 14. Prohibition to carriers – weapons 15. Prohibition to persons – loaded firearms and explosives 16. Prohibition to carriers - loaded firearms and explosives 17. Access to unloaded firearms 18. Declaration of unloaded firearms 19. Carriage of unloaded firearms 20. Storage of unloaded firearms 21. Alcoholic beverage and firearms 22. Air carrier and alcoholic beverage 23. Peace officers on duty 24. Information 25. Need for authorization 26. Aircraft registered outside Rwanda 27. Wildlife control 28. Person other than peace officer 29. Permission to carry explosive 30. Persons in the custody of an escort officer 31. Obligations of escort officer 32. Prohibition to consume alcohol 33. Metal utensils or knife 34. Alcohol to person in custody 35. Persons suffering from mental illness 36. Refusal from boarding 814 Official Gazette nº 21bis of 25/05/2015 Part III Aerodrome And Restricted Area Security 37. Interpretation 38. Identification of restricted areas 39. Control of access 40. Use in performance of duties 41. Pass and authorization 42. Provision or assistance of access to another person 43. Specifications 44. Prohibition 45. Loss or theft 46. Key or pass in case of change or end of duties 47. Key or pass to be surrendered on demand 48. Presentation of the pass 49. Refusal to submit to an authorized search 50. Records to be kept 51. Escorted person 52. Tenant 53. Lock of doors and system that prevents access 54. Temporary use or control 55. Entering and leaving the restricted areas 56. Door locked 57. Door opened 58. Trespassing Part IV Response To Threats, Information Reporting, Tests, Detention Of Aircraft 59. Carrier’s assessment: threats to aircraft 60. Carrier’s necessary measures – threats to aircraft 61. Carrier’s assessment: threats to facility 62. Carrier’s necessary measures – threats to facility 63. Aerodrome operator’s assessment 64. Aerodrome operator’s necessary measures 65. Threats to facility under control of another person 66. Other parties aware of threats 67. Necessary measures 68. Reporting of security incidents by air carrier 69. Reporting of security incidents by aerodrome operator 70. Reporting of security incidents by screening authority 71. Security information by air carriers 72. Security information by services providers 73. Security information by screening authority 74. Security information by Authority 75. Security information by aerodrome operator 76. Detention 77. Inspection testing and exercises 78. Testing 79. Exercises 815 Interpretation 1. Official Gazette nº 21bis of 25/05/2015 CIVIL AVIATION (SECURITY) REGULATIONS 2015 PART I PRELIMINARY The definitions in this regulation apply in these Regulations that can be cited as Civil Aviation (Security) Regulations 2015. “air carrier” means any person who operates a commercial air service; "carry-on baggage" means baggage and personal belongings to which a person has or will have access on board an aircraft; "checked baggage" means any baggage and personal belongings in respect of which a baggage tag is issued after the baggage and personal belongings are accepted for transportation; "combination code" means a series of numbers or letters, or both, that is assigned by, or under the authority of, the aerodrome operator to a person, which series, when entered into mechanical or electronic equipment on or near a door, gate or other device, unlocks or releases the door, gate or other device and permits access to a restricted area; “Committee” means the National Civil Aviation Security Committee established by Civil Security Aviation Law (….). “escort officer" means: (a) (b) a peace officer; and any person authorized by the Government or any of its agencies or authorities to escort a person in custody on a flight; "incendiary device" means an object, other than a match or pocket lighter, that is fabricated with combustible materials and designed to cause fire damage to property or inflict burn injuries on individuals; "key" means a device, including a card, that is designed to allow for entry to a restricted area and is issued by, or under the authority of, the aerodrome operator to an individual; "personal identification code" means a series of numbers or letters, or both, that is chosen by a person or assigned by, or under the authority of, the aerodrome operator to a person, which series, when entered into or placed near mechanical or electronic equipment on or near a door, gate or other device, unlocks or releases the door, gate or other device and permits access to a restricted area; "restricted area access point" means a point in a security barrier at which an access control system is in place that controls access to a restricted area from a non-restricted area; "restricted area pass" means a document issued by or under the authority of an aerodrome operator or by an air carrier with the approval of the aerodrome operator that entitles the holder to have access to a specific restricted area during a specified period; "screening" means the checking, identification, observation, inspection or authorized search of persons, goods and other things in the possession or control of persons who are screened and vehicles under the care or control of persons who are screened to prevent the carrying or transport, contrary to these Regulations, of weapons, explosive substances, incendiary devices or their components or other dangerous items that could 816 Official Gazette nº 21bis of 25/05/2015 be used to jeopardize the security of an aerodrome or aircraft; "screening authority" means the Authority or any other person authorized by it, responsible for screening persons, goods and other things in the possession or control of persons who are screened and vehicles under the care or control of persons who are screened; "security barrier" means a physical structure or natural feature used to prevent or deter access by unauthorized persons to a restricted area. Application 2. (1) Parts 1 to IV apply to (a) (b) (c) (d) (e) (f) (g) (h) (i) persons at an aerodrome; persons on board an aircraft; persons who provide services to an air carrier that are related to the transportation by air of passengers or goods; persons at an area outside the boundaries of civil airports that are designated as security restricted areas; air carriers; aerodrome operators serving air carriers; persons in charge of an area outside the boundaries of civil airports that are designated as security restricted areas; screening authorities; and screening officers. (2) Part IV also applies to operators of aircraft who are not air carriers. PART II AVIATION SECURITY Screening of Persons, Goods, Things and Vehicles Authorized search 3. For the purposes of the Regulations, an authorized search is 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. Screening officer: qualifications and powers 4. (1) The Authority, or any screening authority authorized by it, shall ensure that any person who acts or will act as a screening officer or security officer to implement the provisions of these Regulations for it or on its behalf meets the minimum standards issued by the Authority, as amended from time to time. (2) Any person hired by the Authority, or by any person appointed by the Authority, to implement the provisions of these Regulations shall have the power to arrest and detain without warrant: (a) (b) every person who contravenes to these Regulations in his presence; every person who he has reasonable grounds to suspect of having committed any contravention to these Regulations; every person whom he finds attempting to commit a contravention, or clearly manifesting an intention to do so; (c) until he can deliver the arrested person over to the police authorities to be dealt with in accordance with the law. (3) Any person hired by the Authority, or by any person appointed by the Authority, to implement the provisions of these Regulations shall have the power to seize any permit or identification issued for the purposes of these Regulations that is expired or forged. 817 Official Gazette nº 21bis of 25/05/2015 Screening officer: authorized search 5. (1) A screening officer shall not conduct an authorized search of persons, goods or other things in the possession or control of persons who are screened or vehicles under the care or control of persons who are screened unless the screening officer meets the minimum standards issued by the Authority, as amended from time to time. (2) A screening authority shall not permit a screening officer to conduct an authorized search for it or on its behalf unless the screening officer meets the minimum standards issued by the Authority, as amended from time to time. Screening procedures issued by Authority 6. An air carrier shall not transport a passenger, a crew member, their carry-on baggage or other things in their possession or control or goods that shall be screened in accordance with the National Aviation Security Programme, issued by the Committee, unless the person or goods have been screened in accordance with the Screening procedures issued by the Authority. Operator and screening procedures 7. Refusal to comply 8. Circumventing screening 9. An aerodrome 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: (i) the Authority may notify a special procedure for handling Heads of States and Heads of Foreign Mission, and diplomatic pouches; and 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. (ii) (1) 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. (2) A peace officer, the manager of an aerodrome or a person acting on his behalf may use reasonable force to remove a person who fails to comply with a request under sub-regulation (1). (1) 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. (2) 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. Screening while in possession of weapon 10. (1) Subject to sub-regulations (2) and (3), a person shall not submit to a screening of their person, their carry-on baggage or other things in their possession or control or a vehicle under their care or control while carrying a weapon, an explosive substance or an incendiary device. 818 Official Gazette nº 21bis of 25/05/2015 (2) A person referred to in regulation 23, 27 or 28 may submit to a screening of their person, their carry-on baggage or other things in their possession or control or a vehicle under their care or control while carrying a weapon, a firearm or ammunition. (3) A person referred to in sub-regulation 29(1) may submit to a screening of their person or things in their possession or control or a vehicle under their care or control while carrying an explosive substance or an incendiary device. False declaration 11. A person who is at an aerodrome or on board an aircraft shall not falsely declare that: (a) (b) 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 aerodrome 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 another person who is at the aerodrome 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 aerodrome 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. Sale 12. A person shall not sell or offer for sale in a restricted area a weapon, a model or replica of a weapon, an explosive substance or an incendiary device Prohibition to persons - weapons 13. (1) Subject to regulation 17, sub-regulations 23(1) and 27(2) and regulation 28, and the Civil Aviation (Operation of Aircraft) Regulations, a person shall not carry, transport or have access to a weapon at an aerodrome. (2) Subject to sub-regulations 23(2) and 27(1), and the provisions of the Civil Aviation (Operation of Aircraft) Regulations concerning the carriage of weapons, a person shall not carry or have access to a weapon on board an aircraft. Prohibition to carriers - weapons 14. (1) Subject to sub-regulations 23(2) and 27(1), and regulation 163(4) of the Civil Aviation (Operation of Aircraft) Regulations, an air carrier shall not allow a person who is on board an aircraft to have access to a weapon. (2) An air carrier shall not allow a person who is on board an aircraft to carry or have access to an explosive substance or an incendiary device. Prohibition to persons – loaded firearms and explosives 15. (1) Subject to regulation 163(4) of the Civil Aviation (Operation of Aircraft) Regulations, a person shall not transport or tender for transportation by an air carrier goods that contain a loaded firearm. (2) Subject to sub-regulation 29(3), a person shall not transport or tender for transportation by an air carrier goods that contain an explosive substance or an incendiary device. Prohibition to carriers - loaded firearms and explosives 16. (1) Subject to regulation 163(4) of the Civil Aviation (Operation of Aircraft) Regulations, an air carrier shall not knowingly allow a person to transport goods that contain a loaded firearm. (2) Subject to sub-regulation 29(3), an air carrier shall not knowingly allow a person to transport goods that contain an explosive substance, or an incendiary device 819 Official Gazette nº 21bis of 25/05/2015 Access to unloaded firearms 17. A person may carry or have access to an unloaded firearm at an aerodrome for the purpose of transporting it by air as checked baggage or accepted cargo that is packed in accordance with the airlines instructions and complies with the provisions of the Civil Aviation (Operation of Aircraft) Regulations concerning the carriage of weapons. Declaration of unloaded firearms 18. A person may tender, to an air carrier for subsequent acceptance and transportation, baggage or cargo that contains an unloaded firearm if the person declares to the air carrier that the firearm is unloaded. Carriage of unloaded firearms Storage of unloaded firearms 19. An air carrier may allow a person who has complied with regulation 18 to transport checked baggage or accepted cargo that contains an unloaded firearm. 20. An air carrier that transports an unloaded firearm that is contained in checked baggage or accepted cargo shall store the firearm in the aircraft so that it is not accessible to any person on board the aircraft other than crew members. 820 Official Gazette nº 21bis of 25/05/2015 Alcoholic beverage and firearms 21. (1) A peace officer referred to in sub-regulation 23(2) who carries or has access to a firearm on board an aircraft shall not consume any alcoholic beverage. (2) An employee referred to in sub-regulation 27(1) who has access to a firearm on board an aircraft shall not consume any alcoholic beverage. Air carrier and alcoholic beverage Peace officers on duty 22. An air carrier shall not provide any alcoholic beverage to a person who carries or has access to a firearm on board an aircraft. 23. (1) A peace officer may carry or have access to a weapon at an aerodrome while in the performance of duties. (2) An air carrier may allow a peace officer to carry or have access to an unloaded firearm on board an aircraft if: (a) (b) (c) (d) the officer, while in the performance of the officer's duties, requires access to the firearm immediately before, during or immediately after the flight; the officer informs the air carrier, at least twenty-four hours before the aircraft leaves the aerodrome or, in an emergency as soon as possible before the departure of the flight, that a firearm will be on board; the officer shows a representative of the air carrier identification issued by the organization employing the peace officer that consists of the peace officer's full facial picture and signature and the signature of an authorized representative of the organization employing the peace officer and completes the form used by the air carrier to authorize the carriage of firearms on board an aircraft; the air carrier verifies the identification referred to in sub-paragraph (c) before the peace officer: (i) enters a restricted area from which the peace officer may board the aircraft; or (ii) boards the aircraft, if the aerodrome does not have a restricted area from which the peace officer may board the aircraft; and (e) no alcoholic beverages are served to armed individuals. Information 24. (1) If a peace officer needs to carry or have access to a firearm on board an aircraft, the air carrier shall, before departure, inform: (a) (b) the pilot-in-command of the aircraft by means of the form referred to in regulation 23(2)(c), and his(their) seat location(s); and subject to sub-regulation (3), the screening authority, the crew members assigned to the flight or the aircraft and any other peace officer on board the aircraft. (2) The screening authority shall inform all the screening officers with whom the peace officer will have contact that the peace officer is carrying or will have access to a firearm on board the aircraft. (3) If a peace officer who is carrying or has access to a firearm on board an aircraft is engaged in an undercover operation and requests that the air carrier not reveal the officer's presence to any person other than the pilot-in-command on board the aircraft, the air carrier shall not reveal the presence of the peace officer. Need for authorization 25. Subject to regulation 26, the carriage of weapons on board a Rwanda aircraft by a peace officer and other authorized personnel, acting in performance of their duties, shall not be 821 Official Gazette nº 21bis of 25/05/2015 permitted except with the specific authorization of the Authority. Aircraft registered outside Rwanda 26. Regulation 25 shall not apply to weapons or ammunition taken on board an aircraft registered in a country other than Rwanda if the weapons or ammunition, as the case may be, may under the law of the country in which the aircraft is registered be lawfully taken or carried on board for the purpose of ensuring the safety of the aircraft or of persons on board. Wildlife control 27. (1) An air carrier may allow the pilot-in-command or an employee of a government department or agency that is engaged in wildlife control to have access to an unloaded firearm on board an aircraft if the firearm is necessary for survival purposes. (2) A pilot-in-command or an employee of a government department or agency that is engaged in wildlife control may carry or have access to an unloaded firearm at an aerodrome if the firearm will be transported in accordance with sub-regulation (1). Person other than peace officer 28. A person, other than a peace officer, who holds a licence to carry a firearm that is issued under the laws of Rwanda may carry or have access to a firearm at an aerodrome if the person is engaged: (a) (b) in the protection of persons or property at the aerodrome; or by the aerodrome operator for the control of animals at the aerodrome. Permission to carry explosive 29. (1) An aerodrome operator may allow a person to carry or have access to explosive substances or incendiary devices at an aerodrome if: (a) the explosive substances or incendiary devices are to be used at the aerodrome: (i) (ii) (iii) by persons operating explosives detection equipment or handling for excavation, demolition or construction; in fireworks displays; explosive detection dogs; (b) (iv) by a police service; or (v) by military personnel; and the aerodrome operator has reasonable grounds to believe that the safety of the aerodrome and persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substances or incendiary devices at the aerodrome. (2) 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 aerodrome. (3) 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 aerodrome. Persons in the custody of an escort officer 30. (1) In this regulation, "organization responsible for the person in custody" does not include a person or an organization that provides escort officer services under a contract for remuneration. (2) An air carrier shall not transport a person in the custody of an escort officer on board an aircraft unless: (a) the organization responsible for the person in custody has provided to the 822 Official Gazette nº 21bis of 25/05/2015 air carrier a written confirmation that the organization has assessed the pertinent facts and determined whether the person in custody is a maximum, medium or minimum risk to the safety of the air carrier and aerodrome operations and the travelling public; the air carrier and the organization responsible for escorting the person in custody have agreed on the number of escort officers necessary to escort that person, which number shall be at least: (i) two escort officers to escort each person who is a maximum risk; (ii) one escort officer to escort each person who is a medium risk; and (iii) one escort officer to escort not more than two persons who are a minimum risk; the person in custody is escorted by the agreed number of escort officers; the organization responsible for the person in custody has given a written notice to the air carrier at least twenty-four hours or, in an emergency as soon as possible, before the departure of the flight, stating: (i) the identity of the escort officer and the person in custody and the reasons why the person requires an escort; the level of risk that the person in custody represents to the safety of the public; and (ii) (iii) the flight on which the person in custody will be transported; the escort officer shows a representative of the air carrier identification issued by the organization responsible for the person in custody or the organization employing the escort officer that consists of the escort officer's full facial picture and signature and the signature of an authorized representative of the organization and completes the form used by the air carrier to authorize the transportation of the person in custody; and the air carrier verifies the identification required by paragraph (e) before the escort officer: (i) enters a restricted area from which the escort officer may board the aircraft; or (ii) boards the aircraft, if the aerodrome does not have a restricted area from which the escort officer may board the aircraft; concurrence has been obtained in advance from the other States and other operators that may be involved en-route and at the intended final destination; the escort officers are apprised of the potential danger to the safe operation of the aircraft should they take any action during an act of unlawful interference without direction from the pilot-in-command; the air carrier informed any other security personnel and passengers authorized to carry firearms on board the aircraft of the transportation of a person in custody and escort officer and their locations; the person in custody and the escort officer are boarded before all other passengers and disembarked after all other passengers have left the aircraft. (b) (c) (d) (e) (f) (g) (h) (i) (j) (3) An air carrier or the pilot-in-command shall refuse to accept a person in custody if, in his judgment, such acceptance may jeopardize the safety of the other passengers. (4) An escort officer shall not escort a person in custody on board an aircraft unless the escort officer: (a) provides the aerodrome operator with a copy of the written notice 823 Official Gazette nº 21bis of 25/05/2015 referred to in sub-regulation (2)(d) at least twenty-four hours or, in an emergency as soon as possible, before the departure of the flight; shows a representative of the air carrier the identification referred to in sub-regulation (2)(e). (b) (5) An air carrier that transports a person in custody who is a maximum risk to the public shall not transport any other person in custody on board the aircraft. (6) As far as possible, an air carrier shall assign the escort officer and the person in custody the rearmost seats in the cabin but not in a lounge area or adjacent to an exit, with the prisoner seated at the window seat. 31. (1) An escort officer who is a peace officer and escorts a person in custody during a flight shall: (a) (b) (c) (d) remain with the person at all times, including visits to the lavatory; immediately before boarding the aircraft, search the person in custody and their carry-on baggage for weapons, matches or other items that could be used to jeopardize flight safety; search the area surrounding the aircraft seat assigned to the person in custody for weapons or other items that could be used to jeopardize flight safety; and carry restraining devices that can be used to restrain the person, if necessary. Obligations of escort officer (2) If an escort officer who is not a peace officer escorts a person in custody, the air carrier shall, immediately before the person boards the aircraft, cause an authorized search of the person in custody and their carry-on baggage to be conducted for weapons, matches or other items that could be used to jeopardize flight safety. (3) An escort officer who is not a peace officer and who escorts a person in custody during a flight shall: (a) (b) remain with the person at all times; ensure that an authorized search of the person and their carry-on baggage for weapons or other items that could be used to jeopardize flight safety is conducted before the escort officer and the person: (i) (ii) board the aircraft, if the aerodrome does not have a restricted area enter a restricted area from which they may board the aircraft, or from which they may board the aircraft; (c) (d) search the area surrounding the aircraft seat assigned to the person in custody for weapons, matches or other items that could be used to jeopardize flight safety; and carry restraining devices that can be used to restrain the person, if necessary. Prohibition to consume alcohol 32. A person in custody and the escort officer who is escorting the person shall not consume any alcoholic beverage on board an aircraft. Metal utensils or knife 33. An escort officer, at his discretion that shall be legally exercised, may allow the person in custody to be served food but the person in custody shall not be provided with metal utensils or a knife. Alcohol to person in custody 34. An air carrier shall not provide any alcoholic beverage to a person in custody or to the escort officer who is escorting the person on board an aircraft. 824 Official Gazette nº 21bis of 25/05/2015 Persons suffering from mental illness 35. 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: (a) (b) 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 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. Refusal from boarding 36. An air carrier or the pilot-in-command shall refuse to accept a person in custody if, in his judgment, such acceptance may jeopardize the safety of the other passengers. PART III AERODROME AND RESTRICTED AREA SECURITY Interpretation 37. For greater certainty, nothing in this Part: Identification of restricted areas 38. (a) (b) limits access to a restricted area by a person who is authorized by the Minister, the Authority or the Committee to carry out an inspection of the aerodrome and who presents their official credentials, bearing their name and photograph; or requires a person who is authorized by the Minister, the Authority or the Committee to carry out an inspection to have a restricted area pass or other authorization issued by an aerodrome operator in order to have access to a restricted area to carry out an inspection. (1) The operator of an aerodrome set out in areas designated as security restricted areas at civil airports and the person in charge of any other restricted area outside the boundaries of civil airports that are designated as security restricted areas in the National Aviation Security Programme shall post signs on each security barrier, in at least English, French and Ikinyarwanda, that identify each restricted area and state that entry is restricted to authorized persons. (2) The signs posted on each security barrier shall be no more than 150 metres apart. (3) Any sign that identifies a restricted area is considered to have been posted by the operator in accordance sub-regulation (1) Control of access 39. A person shall not provide false information for the purpose of obtaining a restricted area pass, key, combination code or personal identification code or a clearance granted by the Authority. Use in performance of duties 40. A person shall not use a restricted area pass, key, combination code or personal identification code except if he is acting in the course of his employment and if he is in possession of his pass. Pass and authorization 41. A person shall not enter a restricted area unless a restricted area pass has been issued to the person for access to the restricted area and, if applicable, the person is subject to the security controls. Provision or assistance of access to another person 42. A person shall not: (a) provide access to a restricted area to any other person who does not have a restricted area pass in their possession for the restricted area; or 825 Specifications 43. Official Gazette nº 21bis of 25/05/2015 (b) assist any other person who does not have a restricted area pass in their possession for the restricted area to enter that restricted area. (1) An aerodrome operator or a person in charge of any other restricted area mentioned in sub-regulation 38(1) shall not issue a restricted area identity card to a person unless the person: (a) applies in writing; (b) is sponsored in writing by their employer; (c) has a security clearance; (d) consents in writing to the collection, use, retention, disclosure and destruction of information for the purposes of this Part; and (e) confirms that the information displayed on the card is correct. (2) An aerodrome operator or a person in charge of any other restricted area mentioned in sub-regulation 38(1) 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: (a) the full name of the person to whom the card is issued; (b) the height of the person to whom the card is issued; (c) a photograph depicting a frontal view of the face of the person to whom the card is issued; (d) the expiry date of the card; (e) the name of the aerodrome where the card is issued; (f) the name of the employer of the person to whom the card is issued if that person has a single employer; (g) the terms "multi-employer" and "employeur multiple" if the person to whom the card is issued has more than one employer; (h) the occupation of the person to whom the card is issued if that person has a single occupation; and (i) the terms "multi-occupation" and "emplois multiples" if the person to whom the card is issued has more than one occupation. (3) A restricted area identity card expires no later than five years after the day on which it is issued or on the day on which the security clearance of the person to whom the card is issued expires, whichever is earlier. (4) An employer shall not (a) sponsor an employee who does not require ongoing access to restricted areas in the course of their employment; or (b) knowingly sponsor an employee for more than one restricted area identity card at a time. (5) The employer of a person to whom a restricted area identity card has been issued shall immediately notify the aerodrome operator or a person in charge of any other restricted area mentioned in sub-regulation 38(1) 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. (6) An aerodrome operator or a person in charge of any other restricted area mentioned in sub-regulation 38(1) shall not issue more than one restricted area identity card at a time to a person. (7) A 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. (8) A person shall not enter or remain in a restricted area with a vehicle unless the said vehicle has a permit which shall: (a) be permanently displayed in a prominent and visible position on the 826 Official Gazette nº 21bis of 25/05/2015 (b) vehicle; and contain, in addition to any other requirements deemed necessary for the security of the restricted areas: (i) the registration number of the vehicle; the owner/operator logo of the vehicle; (ii) the validity period; (iii) the security restricted areas for which the permit is valid; (iv) (v) the access gates which the vehicle is allowed to use; and (vi) the name of the organization to which the vehicle belongs. (9) An aerodrome operator and the person in charge of any other restricted area referred to in sub-regulation 38(1) 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. (10) A peace officer, the manager of an aerodrome, the person in charge of any other restricted area outside the boundaries of civil airports that are designated as security restricted areas or a person acting on his behalf may use reasonable force to remove a person who fails to comply with this regulation. Prohibition 44. (1) No person: (a) other than the aerodrome operator or the person in charge of any other restricted area mentioned in sub-regulation 38(1) or a person designated by the operator, may make a copy of a key; may loan or give a restricted area pass or a key that was issued to one person to another person; may alter or otherwise modify a restricted area pass or key; may have or use a restricted area pass or a key that was issued to another person; may use a counterfeit restricted area pass; or may make or reproduce a copy of a restricted area pass. other than the aerodrome operator or the person in charge of any other restricted area mentioned in sub-regulation 38(1) or a person designated by the operator, may: (i) (ii) use a combination code that was assigned to another person; may disclose a personal identification code; or may use another person's personal identification code. disclose a combination code; or (b) (c) (d) (b) (c) (e) (f) (2) No person: (a) Loss or theft 45. (1) A person to whom a restricted area pass or a key has been issued shall immediately report its loss or theft to the aerodrome operator or the person in charge of any other restricted area mentioned in sub-regulation 38(1) or the person who issued it. (2) An employer who is informed by an employee of the loss or theft of a restricted area pass or a key shall immediately report the loss or theft to the aerodrome operator or the person in charge of any other restricted area mentioned in sub- regulation 38(1). (3) Before replacing a lost, stolen or non-functional restricted area identity card, an aerodrome operator or a person in charge of any other restricted area mentioned in sub-regulation 38(1) shall ensure that (a) the person applying for the replacement card is the person to whom the 827 Official Gazette nº 21bis of 25/05/2015 lost, stolen or non-functional card has been issued; and (b) the person still has a security clearance. Key or pass in case of change or end of duties 46. (1) The holder of a restricted area pass or a key shall return it to the aerodrome operator or the person in charge of any other restricted area mentioned in sub- regulation 38(1) or the person who issued it when: (a) the holder ceases to work at an aerodrome or in any other restricted area mentioned in sub-regulation 38(1); the holder's airport restricted area access clearance has been denied, suspended, revoked or cancelled or has expired; or the holder otherwise ceases to require access to the restricted areas for which the pass or key was issued. (b) (c) (2) When a restricted area pass or a key is returned to an employer, the employer shall immediately give it to the aerodrome operator or the person in charge of any other restricted area mentioned in sub-regulation 38(1). Key or pass to be surrendered on demand 47. A person shall surrender on demand a key or a restricted area pass in their possession to the aerodrome operator, the person in charge of any other restricted area mentioned in sub-regulation 38(1), the person who issued it, a peace officer, or the Authority Presentation of the pass 48. The holder of a restricted area pass who is being screened by a screening officer at a restricted area access point or at a location inside a restricted area shall, on demand, present the restricted area pass to the screening officer making the demand. Refusal to submit to an authorized search 49. 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. Records to be kept 50. (1) The aerodrome operator and any person designated by the aerodrome operator or the person in charge of any other restricted area mentioned in sub-regulation 38(1) to issue restricted area passes or keys shall: (a) keep at the aerodrome or at the other restricted areas mentioned in sub- regulation 38(1) updated records of the passes and keys that have been issued for use at the aerodrome or the other restricted areas mentioned in sub-regulation 38(1), 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 aerodrome 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 aerodrome operator; (viii) restricted area identity cards that have been reported as lost or stolen; and (ix) steps taken to retrieve deactivated restricted area identity 828 Official Gazette nº 21bis of 25/05/2015 cards; and (b) provide the record to the Authority or the Committee under the National Aviation Security Programme, on reasonable notice given by the Authority or the Committee under the National Aviation Security Programme. (2) Subject to sub-regulation (3), a record respecting a restricted area identity card that has been deactivated shall be retained for a period of at least one year from the day on which the card was deactivated. (3) A record respecting a restricted area identity card that has been reported as lost or stolen shall be retained for a period of at least one year from the card's expiry date. (1) A person who is being escorted in accordance with the directives issued by the Authority and the National Aviation Security Programme shall remain with the escort while in a restricted area. (2) A person who is an escort in accordance with the directives issued by the Authority and the National Aviation Security Programme shall remain with the person being escorted while in a restricted area. (3) The person who appoints an escort shall: (a) (b) inform the escort of the requirement to remain with the person being escorted in a restricted area; and ensure that the escort remains with the person being escorted in a restricted area. Escorted person 51. Tenant 52. (1) A tenant at an aerodrome shall close and lock any door other than an emergency exit, gate or other device, if: (a) the tenant has control of and responsibility for the door, gate or other device; and the door, gate or other device allows access between a restricted area and a non-restricted area. (b) Lock of doors and system that prevents access 53. (2) A tenant at an aerodrome shall institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area if: (a) (b) the tenant has control of and responsibility for the emergency exit; and the emergency exit allows access between a restricted area and a non- restricted area (1) An aerodrome operator or a person in charge of any other restricted area mentioned in sub-regulation 38(1) shall close and lock any door other than an emergency exit, gate or other device, if: (a) the operator has control of and responsibility for the door, gate or other device; and the door, gate or other device allows access between a restricted area and a non-restricted area. (b) (2) An aerodrome operator or a person in charge of any other restricted area mentioned in sub-regulation 38(1) shall institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area if: (a) (b) the operator has control of and responsibility for the emergency exit; and the emergency exit allows access between a restricted area and a non- restricted area. 829 Official Gazette nº 21bis of 25/05/2015 Temporary use or control 54. Any person who has temporary use or control of a door, gate or other device that allows access between a restricted area and a non-restricted area shall prevent access to or from the restricted area by unauthorized persons. Entering and leaving the restricted areas 55. Unless an authorized person is controlling access between a restricted area and an unrestricted area, a person who enters or leaves the restricted area shall: (a) (b) lock the door, gate or other device that allows access to or from the restricted area; and prevent access to or from the restricted area by unauthorized persons while the door, gate or other device is open or unlocked. Door locked 56. A person shall not prevent a door, gate or other device, other than an emergency exit, that allows access between a restricted area and a non-restricted area from being locked. Door opened 57. A person shall not open any door that is designated as an emergency exit and allows access to a restricted area unless: (a) (b) the emergency exit is a restricted area access point; or there is an emergency. Trespassing 58. (1) Subject to sub-regulation (2), a person shall not enter or remain in any part of an aerodrome that is not a public area or in any part of a restricted area mentioned in sub-regulation 38(1) if the person has been given notice orally, in writing or by a sign that trespassing is prohibited or that entry is limited to authorized persons. (2) An aerodrome operator or a tenant at an aerodrome who has the use of, or is responsible for a part of an aerodrome that is not a public area may allow a person to enter or remain in that part of the aerodrome if: (a) (b) the area is not a restricted area; and the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized. PART IV RESPONSE TO THREATS, INFORMATION REPORTING, TESTS, DETENTION OF AIRCRAFT Carrier’s assessment: threats to aircraft 59. (1) An air carrier that is made aware of a threat against an aircraft or a flight shall immediately determine whether there is a specific threat that jeopardizes the security of the aircraft or flight. (2) An operator of an aircraft, other than an air carrier, who is made aware of a threat against an aircraft or a flight, shall immediately determine whether the threat jeopardizes the security of the aircraft or flight. Carrier’s necessary measures – threats to aircraft 60. (1) An air carrier that determines that there is a specific threat that jeopardizes the security of an aircraft or flight shall immediately take all of the measures necessary to ensure the safety of the aircraft and the passengers and crew on board the aircraft, including: (a) informing the pilot-in-command, the crew members assigned to the aircraft or flight, the aerodrome operator and the appropriate police service of the nature of the threat; if the aircraft is on the ground, moving it to a place of safety at the aerodrome according to the directions of the aerodrome operator; and inspecting the aircraft and causing an authorized search of the passengers (b) (c) 830 Official Gazette nº 21bis of 25/05/2015 and goods on board the aircraft to be conducted, unless the inspection and search are likely to jeopardize the safety of the passengers and crew members. (b) (2) An operator of an aircraft, other than an air carrier, who determines that there is a threat that jeopardizes the security of an aircraft or flight shall immediately take all of the measures necessary to ensure the safety of the aircraft and the passengers and crew on board the aircraft, including: (a) informing the pilot-in-command, the crew members assigned to the aircraft or flight, the aerodrome operator and the appropriate police service of the nature of the threat; if the aircraft is on the ground, moving it to a place of safety at the aerodrome according to the directions of the aerodrome operator; and inspecting the aircraft and causing a search of the passengers and goods on board the aircraft, unless the inspection and search are likely to jeopardize the safety of the passengers and crew members. (3) If the aircraft is on the ground, the pilot-in-command shall comply with any direction given by the aerodrome operator under sub-regulation (1)(b) or (2)(b) or a member of the appropriate police service, unless complying with the direction is likely to jeopardize the safety of the passengers and crew members. (c) Carrier’s assessment: threats to facility 61. Carrier’s necessary measures – threats to facility 62. (1) An air carrier that is made aware of a threat against a facility or part of an aerodrome under its control shall immediately determine whether there is a specific threat that jeopardizes the security of the facility or part of the aerodrome. (2) An operator of an aircraft, other than an air carrier, that is made aware of a threat against a facility or part of an aerodrome under its control shall immediately determine whether the threat jeopardizes the security of the facility or part of the aerodrome. (1) An air carrier that determines that there is a specific threat that jeopardizes the security of a facility or part of an aerodrome under its control shall immediately take all of the measures necessary to ensure the safety of the facility or part of the aerodrome and persons at the facility or aerodrome, including informing the aerodrome operator and the appropriate police service of the threat. (2) An operator of an aircraft, other than an air carrier, that determines that a threat jeopardizes the security of a facility or part of an aerodrome under its control shall immediately take all of the measures necessary to ensure the safety of the facility or aerodrome and persons at the facility or aerodrome, including informing the aerodrome operator and the appropriate police service of the threat. Aerodrome operator’s assessment 63. An aerodrome operator who is made aware of a threat against a facility or part of the aerodrome under its control shall immediately determine whether there is a specific threat that jeopardizes the security of the facility or part of the aerodrome. Aerodrome operator’s necessary measures 64. An aerodrome operator who determines that there is a specific threat that jeopardizes the security of the aerodrome shall immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat, in accordance with the directives and the National Aviation Security Programme issued by the Committee. Threats to facility under control of 65. An aerodrome operator who is made aware of a threat against a facility or part of the 831 Official Gazette nº 21bis of 25/05/2015 another person aerodrome that is under the control of a person carrying on any activity at the aerodrome, other than the aerodrome operator, shall immediately: (a) (b) notify the person of the nature of the threat; and determine whether there is a specific threat that jeopardizes the security of the aerodrome. Other parties aware of threats 66. When a screening authority or any other person carrying on any activity at an aerodrome is made aware of a threat against the aerodrome, they shall: (a) (b) that jeopardizes the security of the aerodrome. immediately notify the aerodrome operator of the nature of the threat; and assist the aerodrome operator in determining whether there is a specific threat Necessary measures 67. If it is determined under sub-regulation 65(b) or 66(b) that there is a specific threat that jeopardizes the security of the aerodrome, the aerodrome operator shall immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat. Reporting of security incidents by air carrier Reporting of security incidents by aerodrome operator 68. (1) An air carrier shall immediately notify the Authority when the following incidents occur, namely: (a) (b) the hijacking or attempted hijacking of an aircraft; the discovery, on board an aircraft, of a weapon, other than an unloaded firearm allowed under sub-regulations 23(2) and 27(1); the discovery, on board an aircraft, of an explosive substance or an incendiary device, other than an explosive substance or incendiary device allowed on board the aircraft under sub-regulation 29(3); an explosion on an aircraft, unless the explosion is known to be the result of an accident; a specific threat against an aircraft, a flight or a facility or part of an aerodrome under its control; or an aviation security incident that involves a peace officer in any part of an aerodrome under the air carrier's control. (c) (d) (e) (f) (2) An air carrier shall immediately notify the aerodrome operator when a weapon other than a firearm allowed under regulation 17, sub-regulation 23(1) or 27(2) or regulation 28 is detected in any part of the aerodrome under its control. 69. An aerodrome operator or a person in charge of any other restricted area mentioned in sub-regulation 38(1) shall immediately notify the Authority when the following incidents occur, namely: (a) (b) (c) (d) (e) the discovery, at the aerodrome, of a weapon, other than an unloaded firearm allowed under regulation 17, sub-regulations 23(1) and 27(2) and regulation 28; the discovery, at the aerodrome, of an explosive substance or an incendiary device, other than an explosive substance or incendiary device allowed under sub-regulations 29(1) and (2); an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition, construction or the use of fireworks displays; a specific threat against the aerodrome; or an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier's control. 832 Official Gazette nº 21bis of 25/05/2015 Reporting of security incidents by screening authority 70. (1) A screening authority shall immediately notify the appropriate air carrier, the aerodrome operator, the appropriate police service and, if the screening authority is a person authorized by the Authority, the Authority if any of the following is detected at a restricted area access point or any other part of an aerodrome where screening of persons, carry-on baggage or other things in their possession or control, or vehicles under their care and control, is conducted: (a) a weapon, other than a weapon allowed under sub-regulation 23(1) or a firearm allowed under sub-regulation 23(2) or sub-regulation 27 or 28; an explosive substance, other than (i) ammunition carried by a person allowed to carry or have access to a weapon or firearm under sub-regulation 23, 27 or 28; or (ii) an explosive substance allowed under sub-regulation 29(1); or an incendiary device, other than an incendiary device allowed under sub- regulation 29(1). (b) (c) (2) A screening authority shall immediately notify the appropriate air carrier, the aerodrome operator, the appropriate police service and, if the screening authority is a person authorized by the Authority, the Authority when any of the following is detected in checked baggage: a loaded firearm; (a) an explosive substance, other than ammunition; or (b) an incendiary device. (c) (3) A screening authority shall immediately notify the appropriate air carrier, the aerodrome operator and, if the screening authority is a person authorized by the Authority, the Authority of any other aviation security incident that involves a peace officer at a restricted area access point or in any other part of an aerodrome where it conducts screening. Security information by air carriers 71. An air carrier shall provide to the Authority, on reasonable notice given by the Authority, written or electronic records or other information relevant to the security of its operations, including: (a) (b) information concerning the method of implementing the security measures that apply to the air carrier; and a description of the nature of operations related to a particular flight and the services provided in respect of the flight. Security information by services providers 72. Persons who provide services to an air carrier and persons who provide a service related to the transportation of accepted cargo or mail by air, shall provide to the Authority, on reasonable notice given by the Authority, written or electronic records or other information relevant to the security of the air carrier's operations, including: (a) (b) information concerning the method of implementing the security measures that apply to those persons; and a description of the nature of the operations related to a particular flight and the services provided in respect of the flight. Security information by screening authority 73, A screening authority, when it is a person authorized by the Authority, shall provide to the Authority, on reasonable notice given by the Authority, written or electronic records or other information relevant to the security of its screening operations, including: (a) (b) information concerning the method of implementing the security measures that apply to that person; and a description of the nature of the screening operations related to a 833 Official Gazette nº 21bis of 25/05/2015 particular flight or at a particular aerodrome. Security information by Authority 74. (1) The Authority shall provide to the National Civil Aviation Security Committee, on reasonable notice given by the National Civil Aviation Security Committee, written or electronic records or other information concerning the implementation of the security measures under any Act dealing with aviation security, the Act that established the Authority and these Regulations. (2) For the purpose of enabling the National Civil Aviation Security Committee to review the implementation of security measures, the Committee may authorize any person in writing to inspect any aircraft registered or operating in Rwanda at a time when it is in Rwanda, or any aerodrome in Rwanda and may, for the purpose of carrying out that inspection, and on production of his credentials if required— (a) enter that aircraft and detain it for as long as may be necessary to carry out that inspection; or enter any building or works in the aerodrome or enter upon any land in the aerodrome. (b) (a) (3) An authorized officer carrying out an inspection under sub-regulation (2) may— require the operator of an aircraft, the manager of an aerodrome or any employee of the Authority to furnish him with such information as he may consider necessary for the purpose for which the inspection is being carried out; subject any property found by him on that aircraft to such tests as he may consider necessary for the purpose for which the inspection is being carried out; or subject that aerodrome or any property found in it to such tests as he may consider necessary for the purpose for which the inspection is being carried out. (b) (c) (4) An authorized person may use such force as may be necessary for the purpose of entering any aircraft, building or works, or upon any land. (5) Any person who— (a) (b) (c) willfully obstructs or impedes a person acting in the exercise of a power conferred on him by this regulation; fails, without reasonable excuse, to comply with the requirement imposed on him by sub-regulation 3(a); or being required to furnish any information required of him under this regulation, makes any statement which he knows or has reason to believe to be false in a material particular, shall be guilty of an offence and shall be liable on conviction to imprisonment for a maximum of five (5) years. 75. (1) The aerodrome operator shall keep at the aerodrome a current scale map of the aerodrome that identifies the restricted areas, security barriers and restricted area access points. (2) The aerodrome operator shall provide to the Authority, on reasonable notice given by the Authority, written or electronic records or other information relevant to the security of the aerodrome, including: (a) information concerning the method of implementing the security measures that apply to the aerodrome operator under the Civil Aviation (Aerodrome) Regulations and the National Aviation Security Programme; and a copy of the scale map referred to in sub-regulation (1). (b) 834 Security information by aerodrome operator Official Gazette nº 21bis of 25/05/2015 Detention Inspection testing and exercises Testing Exercises (3) The aerodrome operator shall provide to the Authority written notice of any new commercial air service that is to begin at the air terminal building. 76. Any person authorized to enforce the Civil Aviation (Security) Regulations shall be an authorized person for the purposes of regulation 17 of the Introduction to the Civil Aviation Regulations. 77. An aerodrome 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. 78. An aerodrome 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. 79. An aerodrome 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. Dr NZAHABWANIAMANA Alexis Minister of State in charge of Transport Seen and sealed with the Seal of the Republic: (sé) BUSINGYE Johnston Minister of Justice/Attorney General 835 Official Gazette nº 21bis of 25/05/2015 ANNEX XIX TO THE MINISTERIAL REGULATIONS Nº 02/MOS/TRANS/015 OF 08/04/2015 IMPLEMENTING THE LAW Nº 75/2013 OF 11/09/2013 ESTABLISHING REGULATION GOVERNING CIVIL AVIATION CIVIL AVIATION (LICENSING OF AIR SERVICES) REGULATIONS 2015 PART I – PRELIMINARY 1. Citation 2. Interpretation and application PART II – LICENSING OF DOMESTIC AIR SERVICES 3. Domestic air services to be licensed 4. Air service to be licensed 5. Application for a licence 6. Grant of licence 7. Conditions attached to licence for domestic scheduled air services 8. Conditions attached to licence for domestic air service 9. Matters to be taken into account 10. Universal service obligations PART III LICENSING OF INTERNATIONAL AIR SERVICE 11. International air services to be licensed 12. Licence for international scheduled air service 13. Non-scheduled flight by foreign aircraft not possessing nationality of a Contracting State 14. Non-scheduled flight by foreign aircraft possessing nationality of a Contracting State 15. Matters to be taken into account 16. Conditions attached to licences for international air service PART IV- GENERAL PROVISIONS RELATING TO LICENCES 17. Financial Fitness 18. Directors Integrity 19. Notification of operational and organizational changes 20. Owned or leased aircraft 21. Aircraft lease approval 22. Valid AOC a requirement 23. Reasons for decision 24. Conditions for issue of licence 25. Six month lapse 26. Insolvency 27. Amendment, variation, suspension or revocation of licence 28. Action to vary, suspend or revoke licence 29. Provisional licence 30. Grant and duration of licence 31. Conditions, limitations or refusal to exercise traffic rights 32. Form of licence 33. Transfer of licence 34. Confidential information 35. Carriage of mail 836 Official Gazette nº 21bis of 25/05/2015 36. Returns 37. Surrender and cancellation of licence 38. Records. 39. Passenger manifests 40. Insurance PART V – PROVISIONS FOR FRANCHISING IN AIR TRANSPORT 41. Franchisee to be licenced 42. Foreign Franchisee 43. Condition for Franchising 44. Application for Franchise Licence 45. Disclosure of information of franchise 46. Standards for Franchise 47. Retrospective Application 48. Content of Franchise Agreement 49. No Cabotage in Franchise operation PART VI- TARIFFS AND COMPETITION 50. Approval of tariffs 51. Compatible with universal service obligation 52. Jurisdiction of Authority FIRST SCHEDULE PARTICULARS TO BE FURNISHED IN CONNEXION WITH AN APPLICATION FOR A LICENCE SECOND SCHEDULE PARTICULARS TO BE GIVEN BY HOLDER OF LICENCES AND OPERATING AUTHORIZATIONS IN MONTHLY RETURNS (EXCEPT WHERE OTHERWISE SPECIFIED) THIRD SCHEDULE INSURANCE REQUIREMENTS FOR AIR CARRIERS AND AIRCRAFT OPERATORS FOURTH SCHEDULE CERTIFICATE OF INSURANCE INSURANCE COVERING AIR CARRIER LIABILITY TO PASSENGERS, LUGGAGE, CARGO AND THIRD PARTY LIABILITY 837 Official Gazette nº 21bis of 25/05/2015 FIFTH SCHEDULE INFORMATION TO BE DISCLOSED FOR FRANCHISES SIXTH SCHEDULE INFORMATION FOR USE IN ASSOCIATION WITH FINANCIAL FITNESS OF AIR CARRIERS Citation Interpretation and application 1. 2. CIVIL AVIATION (LICENSING OF AIR SERVICES) REGULATIONS 2015 PART I - PRELIMINARY These Regulations may be cited as Civil Aviation (Licensing of Air Services) Regulations 2015. (1) In these Regulations, unless the context otherwise requires- “air service” means any service performed by means of an aircraft for hire or reward and includes air transport service, aerial work and flight training; “designation” means 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” means 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 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” means the rights granted by a franchisor authorizing the franchisee to use various of the franchisors corporate identity elements and marketing symbols including tademarks, service marks, tradenames, logotypes, flight designator code, livery, subject to standards and control intended to maintain the quality desired by the franchisor; “franchisee” means the airline granted a franchise; “franchise licence” approval granted by Authority to an airline to operate franchise business; “franchisor” means the airline granting a franchise; “inclusive tour” means a tour which is sold as a package consisting of : (a) such fixed accommodation and other land arrangements of services as may be appropriate for such persons in Rwanda; and (b) the transport of persons by air to and from any destination in Rwanda. “international air service" means 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” means 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” means international air transport service where flights are undertaken: (a) between the same two or more airports; (b) according to a published flights timetable; (c) with each flight being open to use by members of the public; (d) with regularity and frequency consisting of a systematic series of flights; 838 Official Gazette nº 21bis of 25/05/2015 Note: The flights may have slight variation on the route and times while serving the same two or more airports. “scheduled air service” means 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” means 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” means a licence to be in force for a period not exceeding seven days. (2) These Regulations do not apply in respect of any of the following air services: (a) aerial advertising services; (b) aerial fire-fighting services; (c) aerial survey services; (d) aerial movie services; (e) aerial photography services; (f) aerial reconnaissance services; (g) aerial sightseeing services; (h) aerial traffic reporting services; (i) aerial sport and game reporting services; (j) aerial fish spotting services; (f) aerial spreading services; (g) agricultural air operations; (h) aerial weather altering services; (i) transportation services for the retrieval of human organs for human transplants; (j) aircraft demonstration or exhibition services; (k) rotorcraft external load operations; (l) aerial banner towing services; (m) glider towing services; (n) hot air balloon services; and (o) parachute jumping services. (2) An operator of an air service referred to in sub-regulation (1) 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. PART II – LICENSING OF DOMESTIC AIR SERVICES Domestic air services to be licensed 3. (1) 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. (2) 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. Air service to be licensed 4. An application for a licence shall be made to the Authority where an applicant: (a) intends to commence any air service; (b) intends to continue with any air service whose licence is due to expire; (c) wishes to amend the type of air service or category of aircraft or base of operation specified on the current licence; 839 Application for a licence 5. Official Gazette nº 21bis of 25/05/2015 (d) in the case of a partnership, wishes to amend the particulars of any member associated in the partnership or amend its legal status; (e) in the case of a company, wishes to amend the controlling shareholding of the company or amend its legal status; or (f) 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. (1) 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 First Schedule and any other particulars prescribed by the Authority. (2) 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. (3) 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. (4) 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. Grant of licence 6. An application shall be granted and a licence issued or amended if the applicant satisfies the Authority that: (a) the air service will be operated in a safe and reliable manner; (b) 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 the aircraft which will be used in operating the air service shall be registered in in any of the East Africa Community Partner States’. (c) 7. Conditions attached to licence for domestic scheduled air services (d) 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. 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: (a) has reservation premises and facilities for ticket sales in each area to be served; have toilet facilities on board aircraft operating on a sector with duration of 90 (b) minutes or more flight time; submits flight timetable for approval by the Authority and adheres to it; files regular traffic statistics including tariffs; (c) (d) (e) has qualified for self-passenger handling or has engaged a qualified passenger handling entity at each airport of operation; produces business plan for proposed routes; has acceptable staffing levels, organization structure and training programme; (f) (g) provided that: (i) ownership of aircraft shall not be a condition for establishing a scheduled air 840 Official Gazette nº 21bis of 25/05/2015 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. Conditions attached to licence for domestic air service 8. (1) 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- (a) that the aircraft to be operated under the licence shall or shall not be used over specified routes or in specified areas; (b) that certain classes or descriptions of passengers or goods shall or shall not be carried; that passengers or goods shall be carried between specified places; (c) (d) that intermediate landings may or shall be made at specified places for the (e) purpose of landing or loading passengers or goods; that the schedule of air services from time to time approved by the Authority shall be observed; as to the number and type of aircraft to be used; (f) (g) limiting the loading of an aircraft over the whole or any portion of the route on which it is to be operated; (h) specifying any charges that may be made for the air service; (i) as to the conditions and hours of employment of any person employed in connection with the air service. (2) 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. (3) 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. Matters to be taken into account 9. In exercising its discretion under regulation 6, 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- (a) the existence of other air services in the area through which the proposed air service is to be operated; the possibilities of air transport in that area; (b) (c) 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; (d) the period for which such services have been operated by the applicant or by other operators; (e) 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; the financial resources of the applicant; (f) (g) the type of aircraft proposed to be used on the service; 841 Universal service obligations 10. Official Gazette nº 21bis of 25/05/2015 (h) 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. (1) 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: (a) the availability of services to all consumers including low income, rural and disadvantaged passengers and shippers; and (b) 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. (2) The adequacy of scheduled air service shall be assessed by the Authority having regard to: (a) (b) the public interest; 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; the airfares and conditions which can be quoted to users; and the combined effect of all air carriers operating or intending to operate on the route. (c) (d) (3) 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. (4) 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. (5) 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. (6) The capacity limitations shall not apply to air services covered by this Regulation. PART III LICENSING OF INTERNATIONAL AIR SERVICE (1) No person shall use an aircraft for the provision of any international air service, to, Rwanda, except under and in accordance with the terms from or in transit through, and conditions of a licence or authorization granted and issued to the person. (2) Notwithstanding the provisions of sub-regulation (1), 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: (a) any bilateral or multilateral agreement concluded between the Government of Rwanda and such other State or States; and (b) the requirements of regulation 3 of the Civil Aviation (Commercial Air 842 International air services to be licensed 11. Official Gazette nº 21bis of 25/05/2015 Transport Operations by Foreign Air Operator in and out of Rwanda) Regulations. (3) 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. (4) 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. (5) An application for such a licence shall contain the particulars set out in paragraph (1) of First Schedule and any other particulars prescribed by the Authority. (6) 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: (a) he is a natural person, he is a citizen or resident of Rwanda; or (b) 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. Licence for international scheduled air service 12. A licence for international scheduled air service shall be granted subject to the provisions of these Regulations, if the applicant satisfies the Authority that:- (a) (b) (c) (d) (e). 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; it has interlining and co-operative arrangements with other air carriers on the established route network; it is a member of IATA (International Air Transport Airlines Association) and is connected to a Computer Reservations System; it meets the requirements of any law relating to safety, security, public health, environmental protection and business operations in general; it has duly been designated for the service by the Minister or by the entity designated by him. 13. Non-scheduled flight by foreign aircraft not possessing nationality of a Contracting State (1) 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: (a) these Regulations; (b) the requirements of regulation 3 of the Civil Aviation (Commercial Air Transport Operations by Foreign Air Operator in and out of Rwanda) Regulations; and (c) the requirements of regulation 2 of the Civil Aviation (Aerial Work) Regulations. (2) In granting a licence or permission under sub-regulation (1), 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 843 14. Non-scheduled flight by foreign aircraft possessing nationality of a Contracting State Official Gazette nº 21bis of 25/05/2015 (1) 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 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 sub-regulation. (2) 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 (Commercial Air Transport Operations by Foreign Air Operator in and out of Rwanda) Regulations. (3) 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. (4) In considering an application for a licence or permit referred to in sub-regulation (2) the Authority shall have regard to- (a) the public interest; (b) 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 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. (5). The Authority in granting a licence or permit referred to in sub-regulation (2) may (c) attach such conditions thereto as it sees fit. (6). 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. Matters to be taken into account 15. 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: (a) 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; (c) (b) 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; 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; (d) benefits may arise from the provision of an air service over the same route by two or more air service operators; (e) the proposed air service will not contravene any provision of any air service 844 16. Conditions attached to licences for international air service Financial Fitness 17. Official Gazette nº 21bis of 25/05/2015 agreement in force and having a bearing on the application; (1) 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:- (a) 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; (b) furnish the Authority with any statistics which may be requested by the Authority, within 30 days after the date of request; (c) have sufficient and appropriate experience in the operation of the air service concerned;. (d) 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; (e) for inclusive tour charters, transport only passengers who are part of an inclusive tour, unless the Authority specifically authorizes transport of other certain passengers; (f) 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. (2) Any person who contravenes the provisions of sub-regulation (1) 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. PART IV- GENERAL PROVISIONS RELATING TO LICENCES (1) 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: a) 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 b) 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. (2) For the purpose of sub-regulation (1), 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; (3) The applicant shall also provide all relevant information, in particular the data referred to in Part A of the Sixth Schedule, and any other information prescribed by the Authority. (4) 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. (5) 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 845 Directors Integrity 18. Official Gazette nº 21bis of 25/05/2015 audited accounts relating to the previous financial year. (6) Upon request by the Authority, an air carrier shall provide the information relevant for the purposes of sub-regulation (4), and in particular the data referred to in Part C of the Sixth Schedule, and any other information prescribed by the Authority. (7) Sub-regulations (1), (2) and (3) 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 sub-regulation (5). (8) The Authority may apply the provisions of sub-regulations (1),(2),(3),(4) and (6) to air carriers licensed by it that operate scheduled air service or whose turnover exceeds twenty billion (20,000,000,000) Francs per year. (1)(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. (2)(a) 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 sub-regulation (1), 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; (b)such authority or notary shall issue a certificate attesting the authenticity of the declaration on oath or solemn declaration Notification of operational and organizational changes 19. (1) An air carrier shall notify in advance the Authority plans for: (a) (b) (c) operation of a new scheduled service or a non-scheduled service to a region not previously served; changes in the type or number of aircraft used or a substantial change in the scale of its activities; and any intended mergers or acquisitions or franchises. (2) 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. (3) 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. (4) If the Authority deems the changes notified under sub-regulation (2) 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 Part B of the Sixth Schedule, and any other information prescribed by the Authority. . 846 Official Gazette nº 21bis of 25/05/2015 Owned or leased aircraft 20. Aircraft lease approval 21. (1) 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. (2) Without prejudice to sub-regulation (1), aircraft used by an air carrier shall be registered in its national register. (3) 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 above sub-regulations. (1)(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. (2) 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. Valid AOC a requirement 22. 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. Reasons for decision 23. 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. Conditions for issue of licence 24. (1) A licence shall be issued on condition that: (a) 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; (b) 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; (c) the licence shall lapse as soon as the estate of the licensee is sequestrated or wound up as the case may be; and (d) 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. (2) 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. (3) 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 847 Official Gazette nº 21bis of 25/05/2015 environment, customs, immigration and public health. Six month lapse Insolvency 25. 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. 26. 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. 27. Amendment, variation, suspension or revocation of licence (1) 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. (2) 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. (3) A licence may also be revoked or suspended by the Authority on the ground- (a) that the licence holder has been convicted of an offence under regulation 53 or regulation 54 in respect of his licence; or (b) that any condition subject to which the licence was granted has not been observed. (4) The Authority may amend a licence to correct errors of administrative nature during the currency of a licence. (5) 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. Action to vary, suspend or revoke licence 28. (1) The Authority may, (a) direct a licensee to comply with such conditions as it may specify within the period determined by the Authority; or (b) vary the licence concerned; or (c) suspend the licence concerned for a period not exceeding two years; or (d) cancel the licence concerned. (2) 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. Provisional licence 29. (1) 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. (2) 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. Grant and duration of licence 30. (1) The Authority may grant licences in accordance with the provisions of these Regulations and such licences shall, subject to regulation 27, continue in force for 848 Official Gazette nº 21bis of 25/05/2015 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. (2) A licence shall lapse as soon as the estate of the licencee is sequestrated or wound up as the case may be. (1) 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. (2) Action taken by the Authority in accordance with sub-regulation (1) shall: (a) be non discriminatory on grounds of identity of air carriers; (b) have a limited period of validity, not exceeding three years, after which it shall be reviewed; (c) not unduly affect the objectives of these Regulations; (d) not distort competition between air carriers; and (e) not be more restrictive than necessary in order to relieve the problems. (1) 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. (2) 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. 31. Conditions, limitations or refusal to exercise traffic rights Form of licence 32. Transfer of licence 33. 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. Confidential information 34. 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. Carriage of mail 35. (1) 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. (2) 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. 849 Official Gazette nº 21bis of 25/05/2015 Returns 36. Surrender and cancellation of licence 37. Records 38. Passenger manifests 39. (1) 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 Second Schedule with regard to all air services authorized by the licence or operating authorization, and any other particulars that the Authority may prescribe. (2) The returns to be made in accordance with sub-regulation (1) shall be sent to the Authority not later than two months after the expiration of the month to which the return relates. (1) 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. (2) A licence may at any time be surrendered by the holder to the Authority for cancellation. (3) 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. (1) 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- (a) the date from which any licence is expressed to operate; (b) the date on which it is expressed to expire; (c) any condition attached to the licence under the provisions of these Regulations; (d) in the case of a scheduled air service, the terminal places and the intermediate landing places to which the application relates; and (e) 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. (2) In this regulation the term licence includes operating authorization. (1) 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. (2) A passenger list compiled in terms of sub-regulation (1) shall at least contain the name of each passenger. (3) On the written request of the Authority, a licensee shall, subject to the provisions of sub regulation (1), forthwith furnish Authority with copies of any passenger lists compiled by the licensee for such period as may be determined by the Authority. Insurance 40. (1) 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: (a) liability insurance covering risks of injury to or death of passengers, damage to 850 Official Gazette nº 21bis of 25/05/2015 or loss of luggage and cargo in an amount that is not less than the amount determined in Third Schedule; and (b) insurance covering risks of third party liability in an amount that is not less than the amount determined in Third Schedule. (2) The insurance coverage required by sub-regulation(1)(a) 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. (3) No licensee shall take out liability insurance to comply with sub-regulation (1) that contains an exclusion or waiver provision reducing insurance coverage for any accident or incident below the applicable minima determined pursuant to that sub- regulation, unless that provision (a) 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; (b) is in respect of chemical drift; (c) 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 (d) 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. (4) 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 sub- regulations (1)(a) and (b). (5) 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 Fourth Schedule. (6) A person referred to in sub-regulation (5) who files a certificate of insurance electronically shall, on the request of the Authority, file forthwith a certified true copy of the certificate. PART V – PROVISIONS FOR FRANCHISING IN AIR TRANSPORT Franchisee to be licenced 41. 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. Foreign Franchisee 42. 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. Condition for Franchising 43. 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 851 Official Gazette nº 21bis of 25/05/2015 Rwanda, an air service licence and in the case of a foreign registered airline, an operating authorization issued in accordance with these Regulations. Application for Franchise Licence 44. (1) Every application for a franchise licence shall be made to the Authority and shall contain the particulars of Fifth Schedule and those prescribed by the Authority. (2) The Authority may grant franchise licences in accordance with these Regulations and impose such conditions as the Authority may deem appropriate. (3) In exercising its discretion the Authority shall have regard to all relevant factors including; (a) the need to ensure safety in air transport; (b) the need to protect the interests and welfare of the public; and (c) the prevention of unfair competition. Disclosure of information of franchise 45. (1) The disclosure document shall be updated within (60) days of the end of the franchisors fiscal year. (2) Where there has been a material change in the information required to be disclosed under the Fifth Schedule the disclosure document shall be updated within (30) days of the occurrence of that material change. (3) 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 Fifth Schedule the Authority without prejudice to any other action may revoke or suspended the franchise license. (4). 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. (5) 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 Standards for Franchise 46. 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. Retrospective Application 47. 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. Content of Franchise Agreement 48. (1) 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. (2) 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. No Cabotage in Franchise operation 49. 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. PART VI- TARIFFS AND COMPETITION 852 Approval of tariffs 50. Official Gazette nº 21bis of 25/05/2015 (1) 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. (2) 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. (3) 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. (4) 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. (5) For the purposes of this regulation, "tariff" means a condition as to any of the following matters— (a) the price to be charged for the carriage of passengers, baggage or cargo on flights; any additional goods, services or other benefits to be provided in connection with such carriage; the prices, if any, to be charged for any such additional goods, services or benefits; and the commission, or rates of commission, to be paid in relation to the carriage of passengers, baggage or cargo; (b) (c) (d) 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. Compatible with universal service obligation. 51. 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. Jurisdiction of Authority 52. 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. FIRST SCHEDULE PARTICULARS TO BE FURNISHED IN CONNECTION WITH AN APPLICATION FOR A LICENCE Scheduled Air Services 1. (a) Name and address of applicant, nationality of applicant, 853 Official Gazette nº 21bis of 25/05/2015 (b) Names of places between which the air service is to be operated (c) Names of the regular stage stopping places for the purpose of taking on or setting down passengers, or goods (d) Times and frequencies of air service (e) Number and type or types of aircraft to be used. (f) Type of load to be carried. (g) 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. (h) Date of commencement of air service Period for which licence is required. (i) If air service is already in operation- (j) (i) (ii) period for which the air service has been operated; details as per monthly return for a period of operation or last 12 months, whichever be the less. (k) List of other air services operated by the applicant at the time of application, past and present. Particulars of any working arrangement with any other company operating an air service. (l) (m) 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. (n) 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) (ii) (iii) the nominal and issued capital; the names and nationality of the directors; 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. Charter and Aerial Work, Other than Scheduled Air Services and Instruction 2. (a) Name and address of applicant (b) Numbers and types of aircraft and engines to be used. (c) Types of work to be carried out and the areas in which it is proposed to operate each type of service. (d) Maximum charges to be made for such type of work. (e) Date of commencement of air service. (f) (g) (h) The period for which the air service has been operated; (i) Details as per monthly return for period of operation or last 12 months whichever be the less. (j) (k) Particulars of working arrangements with other air service companies. (l) List of other air services operated by applicant at the time of application, past and present. Period for which licence is required If air service is already in operation- 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. (m) The nature of the person making the applicant, whether individual, partnership firm or corporate body, public or private, with or without limited liability, and if a company, public or private- (i) (ii) (iii) the nominal and issued capital; the names and nationality of the directors; the names and state of incorporation of any other companies holding shares in the applicant’s business; the names and state of incorporation of any other subsidiary companies of the applicant. (iv) (n) Such particulars of the accounts of the applicant’s business during the last 12 months as the Authority shall require. 3. Instructional 854 Official Gazette nº 21bis of 25/05/2015 (a) The names and address of applicant (b) The numbers and types of aircraft and engines to be used. (c) The types of instruction to be carried out and place where it is proposed to operate. (d) Maximum charges to be made for each type of instruction. (e) Date of commencement of air service (f) Period for which licence is required (g) If air service is already in operation- Period for which the air service has been operated; (i) (ii) Details as per monthly return for period of operation or last 12 months, whichever be the less. (h) List of other air services operated by the applicant at the time of application, past and present. (i) (j) Particulars of any financial interest which the applicant has in any other undertaking providing Particulars of working arrangements with other air service companies. instructional facilities or controlling the business of any person who provides such facilities. (k) 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) (ii) (iii) the nominal and issued capital; the names and nationality of the directors; 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. Such particulars of the accounts for the applicant’s business during the last 12 months as the Authority (l) shall require. 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. SECOND SCHEDULE PARTICULARS TO BE GIVEN BY HOLDER OF LICENCES AND OPERATING AUTHORIZATIONS IN MONTHLY RETURNS (EXCEPT WHERE OTHERWISE SPECIFIED) Scheduled Air Services 1. (a) 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. (b) A copy of the current timetable (c) A copy of current tariffs (d) 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) 855 Official Gazette nº 21bis of 25/05/2015 (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). 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. (iii) (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. (e) For services operated under an international airline licence and on sectors not wholly within Rwanda:- For each staging point outside Rwanda, the passengers, goods and mail in transit. (i) (ii) For each sector- the total passenger-miles offered, and carried; and (aa) (bb) the total commercial cargo load-miles offered, and carried. (f) 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- (aa) the total passenger-miles offered and carried; (bb) the total load miles offered and carried. (ii) The Passengers, goods and mail carried in each direction, between all combinations of staging points. Charter, Aerial Work and Non-Scheduled Flights 2. (a) Numbers and type or types of aircraft and engines operated during the month, actual dates of any changes made to be given. (b) Average daily service ability of aircraft complete. (c) Total number of miles flown on each class of work. (d) Total number of flights made on each class of work. (e) Passenger miles and total number of passengers carried. (f) Ton-miles and total weight of goods carried. (g) Number of flights commenced but not completed, giving cause. (h) Total number of requests for air service made. (i) (j) Number of pilots, navigators, radio operators, flight engineers, stewards, photographers and any other Total number of requests for air service made which were not accepted given reasons. personnel employed on flying duties, and their salaries by grade. (k) Copy of current schedule of charges for air services. Instructional 3. (a) The numbers and types of aircraft and engines operated during the month, the actual dates of any changes to be given. (b) The average daily service ability of aircraft complete (c) 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. (e) The total number of flights made; (i) dual instruction; 856 Official Gazette nº 21bis of 25/05/2015 (ii) solo. (f) The number of instructors employed and their salaries by grade. (g) A copy of the current schedule for instructional charges. (h) The total number of pupils under instruction, according to the class of pilot licence for which instruction is being given. The total number of pilot licences, per class, gained during the month. (i) (j) The total number of pilot licences, per class, held by pupils or members of the club. (k) The total number of pupils or members. INSURANCE REQUIREMENTS FOR AIR CARRIERS AND AIRCRAFT OPERATORS THIRD SCHEDULE In addition to the 3 rd Party requirements listed below, the following minimum insurance covers are required: • 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. • Baggage at 1,000 SDRs per passenger • Cargo at 17 SDRs per kg . .

Article 40 Requirements CATEGORY MTOM (kg) MINIMUM INSURANCE (MILLION SDRs) MINIMUM INSURANCE (Million Francs * ) Approximate only 1 2 3 4 5 6 7 8 9 Up to 499 ^ 500 - 999 1,000 - 2,699 2,700 - 5,999 6,000 - 11,999 12,000 - 24,999 25,000 - 49,999 50,000 - 199,999 200,000 - 499,999 10 500,000 plus 0.75 1.5 3 7 18 80 150 300 500 700 625 1,250 2,500 5,832 15,000 66,660 125,000 250,000 417,000 584,000 The minimum combined single limit (CSL) liability cover for each aircraft will be calculated as follows: rd • 3 Party for relevant category (see table) 857 Official Gazette nº 21bis of 25/05/2015 • + 250,000 SDRs x maximum number of passengers carried on that aircraft 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. • + 1,000 SDRs x maximum number of passengers • + 17 SDRs x kilograms of cargo carried * Special Drawing Right, international currency unit defined by the International Monetary Fund - as at 10 July 2007, 1SDRs = 833 RWFs. The franc equivalent given in the table is only for information, as the amount in SDR shall prevail in any circumstances. Insurers purchasing in other than SDR's should ensure they have made sufficient allowance for possible exchange rate movements. FOURTH SCHEDULE CERTIFICATE OF INSURANCE INSURANCE COVERING AIR CARRIER LIABILITY TO PASSENGERS, LUGGAGE, CARGO AND THIRD PARTY LIABILITY 1. 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). 2. 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 regulation 40 of the Civil Aviation (Licensing of Air Services) Regulations. 3. The air carrier has been insured against the risks described in section 2 for each incident or accident related to the operation of a (a domestic, an international, or domestic and international) service in the following amounts: Amount Policy No Type of Liability Passenger Luggage Cargo Third Party Single limit coverage 4. The policies listed in this certificate insure (fill in the appropriate service in either (a) or (b)): (a) all aircraft operated by the air carrier in (domestic, international, or domestic and international) services; or 858 Official Gazette nº 21bis of 25/05/2015 (b) (domestic, international, or domestic and international) services operated by the air carrier with the following aircraft: Registration Marking Type and Model 5. The Insurer undertakes to notify the Director-General of the Civil Aviation Authority of Rwanda forthwith in writing when (a) the air carrier's coverage has been cancelled or is intended to be cancelled; (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 regulation 40 of the Civil Aviation (Licensing of Air Services) Regulations; or (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 regulation 40 of the Civil Aviation (Licensing of Air Services) Regulations. 6. The insurer (check (a) or (b)) (a) is registered and/or licensed in Rwanda to issue aircraft insurance policies; or (b) is licensed or approved by a foreign government to issue aircraft insurance policies. Date On behalf of the 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: (a) the aircraft are as described, and are insured for the amounts shown, in the table below; (b) the number of passengers carried does not exceed the number of passenger seats insured for each aircraft as shown in the table below; and (c) the aircraft will be used for the following purposes: __________________________________________________________________________________________ __________________________________________________________________________________________ 859 Official Gazette nº 21bis of 25/05/2015 __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ _____ TABLE 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 FIFTH SCHEDULE INFORMATION TO BE DISCLOSED FOR FRANCHISES Disclosure Document 1. The franchisor/franchisee shall provide the following information in the disclosure document. (a) the legal name, legal form and legal address of the franchisor and the address of the principal place of business of the franchisor: (b) any name other than the legal name under which the franchisor carries on or intends to carry on business. the address of the franchisor's principal place of business in Rwanda; (c) (d) a description of the airline experience of the franchisor including the length of time during which the franchisor has offered franchises; (e) details of shareholding, directorship and senior management of franchisor/franchisee. (f) 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; (g) 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(e) (h) relevant details concerning any bankruptcy, insolvency or comparable proceeding involving the (i) (j) (k) franchisor for the previous five years; the total number of franchises in the franchisor network. the names and business addresses of all the franchisees. 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. Disclosure of the following categories would fulfill the disclosure requirement: voluntarily terminated or not renewed; reacquired by purchase by the franchisor; otherwise reacquired by the franchisor; refused renewal by the franchisor; terminated by the franchisor; (I) 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 860 Official Gazette nº 21bis of 25/05/2015 (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; (m) 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. 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; (iii) a description of the franchise to be operated by the franchises; (iv) the term and conditions of renewal of the franchise; (v) a description of the initial and on-going training programme (vi) the nature and extent of exclusive rights granted, if any, including rights relating to territory and/or customers; (vii) the conditions under which the franchise agreement may be terminated by the franchisor and the effects of such termination; (viii)the conditions under which the franchise agreement may be terminated by the franchisee and the effects of such termination; (ix)the limitations imposed on the franchisee, if any, in relation to territory and/or to customers; (x) in-term and post-term non-compete covenants; (xi) any reservation by the franchisor of the right (aa) to use, or to license the use of, the trademarks covered by the franchise agreement; (bb)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; (xii) restrictions or conditions imposed on the franchisee in relation to services that the franchisee may offer. (xiii)certified copies of air services licence, air operators certificate issued to franchisee and franchisor. (xiv) certified copies of the current conditions of carriage for passenger baggage and mail of the prospective franchisor and the prospective franchisee. (xv) certified copies of the current conditions of carriage for cargo of the prospective Franchisee and the prospective franchisee and the prospective franchisor. (xvi) description of the safety record of the Franchisor for the past ten years. (xvii) details of the financing of aircraft purchase/leasing of franchisee. (xviii) a draft of the proposed franchise agreement (excluding financial clauses). Any other information, date, certification or document the Authority may request. SIXTH SCHEDULE 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. 861 Official Gazette nº 21bis of 25/05/2015 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. Dr NZAHABWANIAMANA Alexis Minister of State in charge of Transport Seen and sealed with the Seal of the Republic: (sé) BUSINGYE Johnston Minister of Justice/Attorney General 862 Official Gazette nº 21bis of 25/05/2015 ANNEX XX TO THE MINISTERIAL REGULATIONS Nº 02/MOS/TRANS/015 OF 08/04/2015 IMPLEMENTING THE LAW Nº 75/2013 OF 11/09/2013 ESTABLISHING REGULATION GOVERNING CIVIL AVIATION CIVIL AVIATION (SAFETY MANAGEMENT SYSTEM) REGULATIONS 2015 Regulation PART I - PRELIMINARY 1. 2. 3. Citation Interpretation Application 4. Responsibilities of the service provider. PART II – GENERAL PART III – SAFETY POLICY AND OBJECTIVES 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Safety Policy Safety Objectives Accountable Executive Safety accountabilities and responsibilities Safety manager Coordination of emergency response plan SMS documentation System description Gap analysis SMS implementation plan SMS manual PART IV – SAFETY RISK MANAGEMENT Hazard identification process Safety data collection, processing and protection Safety risk assessment and mitigation PART V – SAFETY ASSURANCE Safety assurance process Safety performance monitoring and measurement Management of change Continuous improvement of the safety system PART VI – SAFETY PROMOTION 863 Official Gazette nº 21bis of 25/05/2015 23. 24. Safety training Safety communication PART VII – QUALITY POLICY 25. Consistency of quality policy with SMS SSHEDULE 864 Official Gazette nº 21bis of 25/05/2015 THE CIVIL AVIATION (SAFETY MANAGEMENT SYSTEM) REGULATIONS 2015 PART I – PRELIMINARY Citation. 1. These Regulations may be cited as the Civil Aviation (Safety Management System) Regulations 2015. Interpretation. 2. 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: — being in the aircraft, or — direct contact with any part of the aircraft, including parts which have become detached from the aircraft, or — 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: — adversely affects the structural strength, performance or flight characteristics of the aircraft, and — 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 (ALoS)” means the acceptable level of safety which expresses the safety goals of an oversight authority, an operator, or a services provider. From the 865 Official Gazette nº 21bis of 25/05/2015 perspective of the relationship between oversight authorities and operators/services providers, it provides the minimum safety objective(s) acceptable to the oversight authority to be achieved by the operators/services providers while conducting their core business functions; “Acceptable performance” means normal expected behaviour and includes unintended errors and some minor violations or deviations; “Accountable executive” means a single, identifiable person who, shall have ultimate irrespective of other responsibility the organization, for the implementation and maintenance of the SMS; accountability, on behalf of functions, and “Aeroplane” means 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 Rwanda Civil Aviation Authority established by article 1 of the law n° 53/2011; “consequence” means potential outcome(s) of a hazard; “Gap analysis” means an analysis of the safety arrangements already existing within the organization as compared to those necessary for the SMS to function; “Hazard” means condition or object with the potential of causing injuries to personnel, damage to equipment or structures, loss of material, or reduction of ability to perform a prescribed function; “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. “Inappropriate use” means the use of safety information for purposes different from the purposes for which it was collected, namely, use of the information for disciplinary, civil, administrative and criminal proceedings against operational personnel, and/or disclosure of the information to the public; “Incident” means an occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect 866 Official Gazette nº 21bis of 25/05/2015 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 Rwanda Civil Aviation Regulations, other aviation safety requirements and the best practices deemed appropriate. “ Internal safety investigations” means investigations that are conducted by the service provider of occurrences or events that are not required to be investigated by the state; “Minister” means the minister for the time being responsible for civil aviation; “Mitigation” means measures to address the potential hazard or to reduce the risk probability or severity; “Non-acceptable performance” means behaviour or acts such as gross negligence, deliberate or wilful disregard of procedures, substance abuse; “Operational personnel” means 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; “Prescribed” means prescribed by the Authority; “Proactive” means actively identifying safety risks through the analysis of the organization’s activities; “Probability” means the likelihood that an unsafe event or condition might occur; “Process” means a series of steps followed in a methodical manner to complete an activity (what shall be done and by whom; when, where and how it shall be completed; what materials, equipment, and documentation shall be used, and how it shall be controlled); “Protection” means providing defence; “Reactive” means responding to events that have already happened such as incidents and accidents; “Risk assessment” means the assessment in terms of predicted probability and severity, of the consequence(s) of a hazard taking as a reference the worst foreseeable situation; 867 Official Gazette nº 21bis of 25/05/2015 “Safety” means a state in which the risk of harm to persons or property damage is reduced to, and maintained at or below, an acceptable level through a continuing process of hazard identification and risk management; “Safety assurance” means what the State performs with regard to the safety performance of its SSP and operators/service providers perform with regard to the safety performance of their SMS, including monitoring and measurement; “Safety audits” means activities that focus on the integrity of the organization’s SMS and periodically assess the status of safety risk controls and is what the State performs with regard to the structure of its SSP and the operators and what service providers perform with regard to the structure of their SMS; “Safety information” means information contained in safety data collection and processing systems established for the sole purpose of improving aviation safety, and qualified for protection under specified conditions; “Safety manager” means the individual, responsible for the development, operation and continuous improvement of the safety management system deployed by an operator/service provider. He/she acts as a focal point for safety management issues in the organisation; “Safety management system (SMS)” means an organised approach to the necessary organisational managing safety, including structures, accountabilities, policies and procedures; “Safety measurement” means the quantification of the outcomes of selected high-level, high-consequence events, such as accident and serious incident rates and is a spot check, normally conducted following pre-specified time frames and also means quantification of high level state functions; “Safety oversight” means a function by means of which the Authority ensures effective implementation of the of Rwanda Civil Aviation Regulations with regard the operators/service providers; the SMS of to “Safety performance indicator” means short term tactical measurable objectives reflecting the safety performance of an SMS, expressed in numerical terms and include safety performance measurement exclusively; “Safety performance measurement” means the quantification of the outcomes of selected low-level, low consequence processes 868 Official Gazette nº 21bis of 25/05/2015 and is a continuous process that also provides a measure of the actual performance of an SMS or SSP; “Safety performance target” means long term strategic measurable objectives reflecting the safety performance of an SMS, expressed in numerical terms and include safety performance measurement exclusively; “Safety reviews” means activities conducted during introduction and deployment of new technologies, change or implementation of procedures, or in situations of a structural change in operations and are a fundamental component of the management of change; “Safety risk” means the probability and resulting severity of the damaging potential of the identified consequences; “Safety studies” means analyses by a service provider that encompass broad safety concerns and are more appropriate in addressing system safety deficiencies rather than identify specific, individual hazards; “Safety surveys” means subjective activities that utilise checklists, questionnaires or informal confidential interviews to examine particular elements or procedures of specific operations, such as problem areas or bottlenecks in daily operations, perceptions and opinions of operational personnel and areas of dissent or confusion; “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 results in a fracture of any bone (except simple fractures of fingers, toes or nose); or involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage; or involves injury to any internal organ; or involves second or third degree burns, or any burns affecting more than 5 per cent of the body surface; or involves verified exposure to infectious substances or injurious radiation. b) c) d) e) f) “Severity” means the possible effects of an unsafe event or condition, taking as reference the worst foreseeable situation; “State of Design” means The State having jurisdiction over the organization responsible for the type design. 869 Application 3. Official Gazette nº 21bis of 25/05/2015 “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 (a system for the management of safety by the state); These regulations shall apply to the following service providers: a) approved training organizations in accordance with Rwanda Civil Aviation (Approved Training Organisations) Regulations that are exposed to safety risks related to aircraft operations during the provision of their services; c) b) operators of aeroplanes or helicopters authorized to conduct international commercial air transport, in accordance with Air Operator Certificate; approved maintenance organizations in accordance with Rwanda Civil Aviation (Approved Maintenance Organisations) Regulations providing services to operators of aeroplanes or helicopters engaged in international commercial air transport, in accordance with Air Operator Certificate ; d) organizations responsible for the type design or manufacture of aircraft; e) air traffic services (ATS) providers in accordance with Rwanda Civil Aviation (Air Navigation Services) Regulations; and f) operators of certified aerodromes in accordance with Rwanda Civil Aviation (Aerodrome) Regulations. 870 Safety Management System. Official Gazette nº 21bis of 25/05/2015 PART II – GENERAL 4. (1) The SMS of a service provider shall: a) be established in accordance with the framework elements contained in Schedule; and b) be commensurate with the size of the service provider and the complexity of its aviation products or services. (2) The SMS should as a minimum include: a) a process to identify actual and potential safety hazards and assess the associated risks; b) a process to develop and implement remedial action necessary to maintain an acceptable level of safety; and c) provision regular for continuous monitoring and assessment of the appropriateness and effectiveness of safety management activities (3) The SMS of a service provider shall be approved by the Authority. 871 Official Gazette nº 21bis of 25/05/2015 PART III – SAFETY POLICY AND OBJECTIVES Safety Policy. 5. (1) A service provider shall define the organization’s safety Policy. (2) The safety policy referred to in sub regulation (1), shall besigned by the Accountable Executive of the organization and be communicated, with visible endorsement, throughout the organization. (3) The safety policy shall include the responsibilities of management and employees with respect to the safety performance of the SMS. (4) The safety policy shall include- a) a clear statement about the provision of the necessary resources for its implementation; b) a commitment to continual improvement in the level of safety; c) the hazard reporting procedures; and d) the conditions under which disciplinary action would be applicable following hazard reporting by employees. (5) The safety policy shall be reviewed periodically to ensureit remains relevant and appropriate to the organization. Safety objectives 6. (1) A service provider shall establish safety objectives for the SMS. (2) The safety objectives refered to in sub paragraph (1) shall be linked to the safety performance indicators, safety performance targets and action plans of the service provider’s SMS. 872 Official Gazette nº 21bis of 25/05/2015 Accountable Executive 7. (1) A service provider shall identify an Accountable Executive to be responsible and accountable on behalf of the service provider for meeting the requirements of this regulation. (2) The Accountable Executive shall be a single, identifiable person approved by the Authority, who, irrespective of other functions, shall have ultimate responsibility and accountability on behalf of the organization for the implementation and maintenance of the SMS. (3) The Accountable Executive shall have- (a) full control of the human resources required for the operations authorized to be conducted under the operations certificate; (b) full control of the financial resources required for the operations authorized to be conducted under the operations certificate; (c) final authority over operations authorized to be conducted under the operations certificate; (d) direct responsibility for the conduct of the organization’s affairs; and (e) final responsibility for all safety issues. (4) A service provider shall notify the Authority within ten days of any changes in positions of the Accountable Executive and the Safety Manager. 8. Safety accountabilities and responsibilities (1) A service provider shall identify the safety accountabilities, responsibilities and authorities of all members of management as well as of all employees, irrespective of other responsibilities. (2) Safety-related accountabilities, responsibilities and authorities shall be defined, documented and communicated throughout the organization. 873 Official Gazette nº 21bis of 25/05/2015 Safety Manager 9. (1) A service provider shall identify a safety manager, who shall be responsible for the implementation and maintenance of the SMS. Emergency Response Planning and coordination (2) The safety manager shall- (a) ensure that processes needed for the SMS are developed, implemented, adhered to and maintained; (b) report to the Accountable Executive on the performance of the SMS and on any need for improvement; and (c) ensure safety promotion throughout the organization. 10. (1) A service provider shall develop and maintain an emergency response plan (2) The emergency response plan shall be submitted to the Authority for approval (3) A service provider shall ensure its emergency response plan is properly coordinated with the emergency response plans of those organizations it must interface with during the provision of its services. (4) The coordination of the emergency response plan shall ensure the orderly and efficient transition from normal to emergency operations and the return to normal operations. (5) The coordination of the emergency response plan shall include- (a) delegation of emergency authority; (b) assignment of emergency responsibilities during the coordinated activities; (c) coordination of efforts to cope with the emergency; and (d) compatibility with other emergency response plans of other organizations. (6) The emergency response plan shall be developed in accordance with requirements prescribed by the Authority 874 Official Gazette nº 21bis of 25/05/2015 SMS Documentation 11. A service provider shall develop and maintain SMS documentation that describes- (a) the safety policy and objectives; (b) the SMS requirements; (c) the SMS processes and procedures; (d) the accountabilities, responsibilities and authorities for processes and procedures; and (e) the SMS outputs. System Description 12. (1) A service provider shall, as part of the SMS documentation, complete a system description. (2) The system description shall include the following- (a) the system interactions with other systems in the air transportation system; (b) the system functions; (c) required human performance considerations of the system operation; (d) hardware components of the system; (e) software components of the system; (f) related procedures that define guidance for the operation and use of the system; (g) operational environment; and (h) contracted, subcontracted and purchased products and/or services. Gap analysis 13. A service provider shall, as part of the SMS documentation, complete a gap analysis, in order to- (a) identify the safety arrangements and structures that may already exist in its organization; and (b) determine additional safety arrangements required to implement and maintain the organization’s SMS. 875 Official Gazette nº 21bis of 25/05/2015 SMS Implementation Plan 14. (1) A service provider shall, as part of the SMS documentation, develop, adhere to and maintain an SMS implementation plan. (2) The SMS implementation plan shall be the definition of the approach the organization will adopt for managing safety in a manner that will meet the organization’s safety objectives. (3) The SMS implementation plan shall explicitly address the coordination between the SMS of the service provider and the SMS of other organizations the service provider must interface with during the provision of services. (4) The SMS implementation plan shall include the following- (a) safety policy and objectives; (b) system description; (c) gap analysis; (d) SMS components; (e) safety roles and responsibilities; (f) hazard reporting policy; (g) means of employee involvement; (h) safety performance measurement; (i) safety training; (j) safety communication; and (k) management review of safety performance. (5) The SMS implementation plan shall be endorsed by the accountable executive of the organization. (6) The SMS implementation plan shall be developed in accordance with requirements prescribed by the Authority. 876 SMS Manual 15. Official Gazette nº 21bis of 25/05/2015 (1) A service provider shall, as part of the SMS documentation, develop and maintain a safety management system manual (SMSM), to communicate the organization’s approach to safety throughout the organization. (2) The SMSM shall document all aspects of the SMS, and its contents shall include- (a) scope of the safety management system; (b) safety policy and objectives; (c) safety accountabilities, responsibilities and authorities; (d) key safety personnel; (e) documentation control procedures; (f) coordination of emergency response planning; (g) hazard identification and safety risk management schemes; (h) safety performance monitoring; (i) safety auditing; (j) procedures for the management of change; (k) safety promotion; and (l) control of contracted activities. (3) The SMSM shall be developed in accordance with requirements prescribed by the Authority. (4) The SMSM shall be submitted to the Authority for approval. 877 Official Gazette nº 21bis of 25/05/2015 Hazard Identification process PART IV – SAFETY RISK MANAGEMENT 16. (1) A service provider shall develop and maintain a formal process that ensures that hazards in operations are identified. (2) The hazard identification process shall include- (a) reporting of hazards, events or safety concerns; (b) collection and storage of safety data; (c) analysis of the safety data; and (d) distribution of the safety information distilled from the safety data. (3) The hazard identification process shall be developed in accordance with requirements prescribed by the Authority. Safety data collection, processing and protection 17. (1) A service provider shall develop and maintain safety data collection and processing systems (SDCPS) that provide for the identification of hazards and the analysis, assessment and mitigation of safety risks. (2) A service provider shall develop and maintain formal means for effectively collecting, recording, acting on and generating feedback about hazards in operations, which combine reactive, proactive and predictive methods. (3) Formal means of safety data collection shall include mandatory, voluntary and confidential reporting systems as prescribed by the Authority. (4) Effectiveness of safety data reporting shall be ensured through defining the line between acceptable performance and non- acceptable performance and shall provide for fair protection to persons reporting. 878 Official Gazette nº 21bis of 25/05/2015 Safety risk assessment and mitigation 18. (1) A service provider shall develop and maintain a formal process that ensures analysis, assessment and control of the safety risks of the consequences of hazards during the provision of its services. (2) The safety risks of the consequences of each hazard identified through the hazard identification processes referred to in regulation 16 of these regulations shall be analysed in terms of probability and severity of occurrence, and assessed for their tolerability. (3) The service provider shall define the levels of management with authority to make safety risk tolerability decisions. (4) The service provider shall define safety controls for each safety risk assessed as tolerable. (5) The safety risk assessment and mitigation procedures shall be developed in accordance with requirements prescribed by the Authority. PART V – SAFETY ASSURANCE (1) A service provider shall develop and maintain safety assurance processes to ensure that the safety risk controls developed as a consequence of the hazard identification and safety risk management activities in Part IV achieve their intended objectives. (2) Safety assurance processes shall apply to an SMS whether the activities and/or operations are accomplished internally or are outsourced. (3) The safety assurance process shall be developed in accordance with requirements prescribed by the Authority. Safety Assurance process 19. 879 Official Gazette nº 21bis of 25/05/2015 Safety performance monitoring and measurement 20. (1) A service provider shall, as part of the SMS safety assurance activities, develop and maintain the necessary means to verify the safety performance of the organization in reference to the safety performance indicators and safety performance targets of the SMS, and to validate the effectiveness of safety risk controls. (2) Safety performance monitoring and measurement means shall include- (a) hazard reporting systems; (b) safety audits; (c) safety surveys; (d) safety reviews; (e) safety studies; and (d) internal safety investigations. (3) The safety performance monitoring and measurement means referred to in sub regulation (2) shall be in accordance with requirements prescribed by the Authority. Management of change 21. (1) A service provider shall, as part of the SMS safety assurance activities, develop and maintain a formal process for the management of change. (2) The formal process for the management of change shall- (a) identify changes within the organization which may affect established processes and services; (b) establish arrangements to ensure safety performance prior to implementing changes; and (c) eliminate or modify safety risk controls that are no longer needed due to changes in the operational environment. (3) The formal process for the management of change shall be developed in accordance with requirements prescribed by the Authority. 880 Continuous improvement of the safety system 22. Official Gazette nº 21bis of 25/05/2015 (1) A service provider shall, as part of the SMS safety assurance activities, develop and maintain formal processes to identify the causes of substandard performance of the SMS, determine the implications on its operations, and rectify situations involving substandard performance to ensure continuous improvement of the SMS. in order (2) Continuous improvement of the service provider’s SMS shall include- (a) proactive and reactive evaluation of facilities, equipment, documentation the effectiveness of strategies for control of safety risks; and procedures, verify and to Safety training 23. (b) proactive evaluation of the individual’s performance, to verify the fulfilment of safety responsibilities. PART VI – SAFETY PROMOTION (1) A service provider shall, as part of its safety promotion activities, develop and maintain a safety training programme that ensures that personnel are trained and competent to perform their SMS duties. (2) The scope of the safety training shall be appropriate to the individual’s involvement in the SMS. (3) The Accountable Executive shall receive safety awareness training regarding: (a) safety policy and objectives; (b) SMS roles, accountabilities, responsibilities and authorities; (c) SMS standards; and (d) Safety assurance. (4) The safety training programmes required by this regulation shall be developed in accordance with requirements prescribed by the Authority. 881 Official Gazette nº 21bis of 25/05/2015 Safety communication 24. A service provider shall, as part of its safety promotion activities, develop and maintain formal means for safety communication, to- (a) ensure that all staff are fully aware of the SMS; (b) convey safety-critical information; (c) explain why particular safety actions are taken; (d) explain why safety procedures are introduced or changed; and (e) convey generic safety information. PART VII. QUALITY POLICY Consistency of Quality Policy with SMS 25. A service provider shall ensure that the organization’s quality policy is consistent with, and supports the fulfilment of the activities of the SMS. 882 Official Gazette nº 21bis of 25/05/2015 SCHEDULE FRAMEWORK FOR A SAFETY MANAGEMENT SYSTEM (SMS) [Regulation 4 (1)] This Schedule 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 and responsibility 1.2 Safety accountabilities 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 3.1 Safety performance monitoring and measurement 3.2 The management of change 3.3 Continuous improvement of the SMS 4. Safety promotion 4.1 Training and education 4.2 Safety communication Part III through Part VI of these regulations (Regulation 5 through Regulation 24) provide for information to be included under each of the four components and twelve elements as the minimum requirements for SMS implementation. Dr NZAHABWANIAMANA Alexis Minister of State in charge of Transport Seen and sealed with the Seal of the Republic: (sé) BUSINGYE Johnston Minister of Justice/Attorney General 883 Official Gazette nº 21bis of 25/05/2015 ANNEX XXI TO THE MINISTERIAL REGULATIONS Nº 02/MOS/TRANS/015 OF 08/04/2015 IMPLEMENTING THE LAW Nº 75/2013 OF 11/09/2013 ESTABLISHING REGULATION GOVERNING CIVIL AVIATION CIVIL AVIATION (AIR NAVIGATION SERVICES) REGULATIONS 2015 Regulation PART I PRELIMINARY PROVISIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. Citation Interpretation Application Manual of Standards PART II CERTIFICATION OF AIR NAVIGATION SERVICES PROVIDERS Service Provider Certificates Issuance of certificate Contents of the Certificate Validity of a certificate Renewal of certificate Amendment of certificate Display of certificate Transfer of certificate Register of certificate holders PART III COMMON REQUIREMENTS TO ALL PROVIDERS OF AIR NAVIGATION SERVICES Technical and Operational Competence and Capability Organisational structure Personnel Financial Strength Liability and Insurance Cover Operations manuals Security Quality of Services Contingency plan Obligations of ANS provider Documents and records Availability of air navigation service Changes to service provided Discontinuing ANS provision PART IV SPECIFIC REQUIREMENTS FOR AIR TRAFFIC SERVICES (ATS) Safety management system (SMS) Operating procedures Facilities and equipment Agreements with other ANS providers Agreements with aerodrome operators 884 Official Gazette nº 21bis of 25/05/2015 33. 34. Arrangements for transfer of information Logbooks PART V SPECIFIC REQUIREMENTS FOR THE PROVISION OF COMMUNICATION, NAVIGATION AND SURVEILLANCE (CNS) SERVICES Technical and Operational Competence and Capability Safety management system (SMS) Operating Procedures 35. 36. 37. PART VI METEOROLOGICAL SERVICES FOR AIR NAVIGATION Technical and operational competence and capability Working methods and operating procedures PART VII AERONAUTICAL INFORMATION SERVICES (AIS) AND AERONAUTICAL CHARTS Technical and operational competence and capability Working methods and operating procedures PART VIII AERONAUTICAL SEARCH AND RESCUE SERVICES (SAR) Aircraft in Distress Working methods and operating procedures PART XV SAFETY OVERSIGHT OF AIR NAVIGATION SERVICES Safety oversight function Verification of compliance with safety regulatory requirements Safety regulatory audits Corrective actions Safety oversight of changes to functional systems Suspension and cancellation of certificate 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 885 Official Gazette nº 21bis of 25/05/2015 Citation Interpretation 1. 2. These Regulations may be cited as the Civil Aviation (Air Navigation Services) Regulations, 2015. In these Regulations unless the context otherwise requires— “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; (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 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 (c) the aircraft is missing or is completely inaccessible; “accuracy” means a degree of conformance between the estimated or measured value and the true value; “Aerodrome” means a defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft; “Aeronautical information” means information resulting from the 886 Official Gazette nº 21bis of 25/05/2015 assembly, analysis and formatting of aeronautical data; “Aeronautical Information Circular (AIC)” means a notice containing information that does not qualify for the origination of a NOTAM or for inclusion in the AIP, but which relates to flight safety, air navigation, technical, administrative or legislative matters; “Aeronautical Information Publication (AIP)” means a publication issued by or with the authority of a State and containing aeronautical information of a lasting character essential to air navigation; “AIP Amendment” means permanent change to information contained in the AIP; “AIP Supplement” means temporary changes to the information contained in the AIP which are published by means of special pages; “Aeronautical Information Service (AIS)” means a service established within the defined area of coverage responsible for the provision of aeronautical information or data necessary for the safety, regularity and efficiency of air navigation; “AIRAC (aeronautical information regulation and control)” means a system aimed at advance notification based on common effective dates, of circumstances that necessitate significant changes in operating practices; “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; “Air Navigation services” means air traffic services, communication, and aeronautical information navigation and surveillance, services; “Air Navigation services” facility means any facility used, available for use, or designed for use in aid of navigation of aircraft, including airports, landing fields, any structures, mechanisms, lights, beacons, marks, communicating systems, or other instruments or devices used or useful as an aid to the safe taking off, navigation, and landing of aircraft and any combination of such facilities; “Air navigation services provider” means an independent entity established for the purpose of operating and managing air navigation services and empowered to manage and use the revenues it generated to cover its costs; “Air traffic” means all aircraft in flight or operating on the manoeuvring area of an aerodrome; 887 Official Gazette nº 21bis of 25/05/2015 “Air traffic control service” means a service provided for the purpose of: (a) preventing collisions— (i) between aircraft; and (ii) on the manoeuvring area between aircraft and obstructions; and (b) expediting and maintaining an orderly flow of air traffic; “Air traffic service” means a generic term meaning variously, flight information service, alerting service, air traffic control service (area control service, approach control service or aerodrome control service); “Assemble” means a process of merging data from multiple sources into a database and establishing a baseline for subsequent processing; “ATS route” means a specified route designed for channeling the flow of traffic as necessary for the provision of air traffic services. “Authority” means Rwanda Civil Aviation Authority; “Authorised person” means any person authorized by the Authority either generally or in relation to a particular case or class of cases and any reference to an authorized person includes reference to the holder for the time being of an office designated by the Authority; “Certificate” means the certificate for the provision of Air Navigation Services issued by the Authority under Part II of these Regulations; “Control area” means a controlled airspace extending upwards from a specified limit above the earth; “Control zone” means a controlled airspace extending upwards from the surface of the earth to a specified upper limit; “Controlled aerodrome” means an aerodrome at which air traffic control service is provided to aerodrome traffic; “Controlled airspace” means an airspace of defined dimensions within which air traffic control service is provided in accordance with 888 Official Gazette nº 21bis of 25/05/2015 the airspace classification; “Controlled flight” means any flight which is subject to an air traffic control clearance; “Cyclic redundancy checks (CRC)” means a mathematical algorithm applied to the digital expression of data that provides a level of assurance against loss or alteration of data; “Danger area” means an airspace of defined dimensions within which activities dangerous to the flight of aircraft may exist at specified times; “Data link communications” means a form of communication intended for the exchange of messages via a data link; “Data quality” means a degree or level of confidence that the data provided meets the requirements of the data user in terms of accuracy, resolution and integrity; “Data set” means identifiable collection of data; “Designated service provider” means a person or organization designated by the Authority to provide services in accordance with these regulations; “Flight crew member” means a licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period; “Flight information centre” means a unit established to provide flight information service and alerting service; “Flight region” means airspace of defined dimensions within which flight information service and alerting service are provided; information “Flight information service” means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights; “Flight level” means a surface of constant atmospheric pressure which is related to a specific pressure datum, 1013.2 hectopascals (hPa), and is separated from other such surfaces by specific pressure intervals; “Forecast” means a statement of expected meteorological conditions for a specified time or period, and for a specified area or portion of airspace; “Human factors principles” means principles which apply to training, operations and aeronautical design, certification, 889 Official Gazette nº 21bis of 25/05/2015 maintenance and which seek safe interface between the human and other system components by proper consideration to human performance. “Incident” means an occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect the safety of operation; “Integrated Aeronautical Information Package” means a package which consists of the following elements— (a) AIP, including amendment service; (b) Supplements to the AIP; (c) NOTAM and PIB; (d) AIC; and (e) checklists and lists of valid NOTAM; “Integrity (aeronautical data)” means a degree of assurance that an aeronautical data and its value has not been lost nor altered since the data origination or authorized amendment; “Integrity classification (aeronautical data)” means classification based upon the potential risk resulting from the use of corrupted data. Aeronautical data is classified as: a) b) c) 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; 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 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. “International NOTAM office” means an office designated by a State for the exchange of NOTAM internationally; “Manual of ANS Standards” means a manual developed by the Authority prescribing the standards and recommended practices applicable to the provision of air navigation services 890 Official Gazette nº 21bis of 25/05/2015 “Metadata” means data about data; “Meteorological office” means an office designated to provide meteorological service for international air navigation; “NOTAM” means a notice distributed by means of telecommunication containing information concerning the establishment, condition or change in any aeronautical facility, service, procedure or hazard, the timely knowledge of which is essential to personnel concerned with flight operations; “Obstacle” means all fixed (whether temporary or permanent) and mobile objects, or parts thereof, that— (a) (b) are located on an area intended for the surface movement of aircraft; or extend above a defined surface intended to protect aircraft in flight; or (c) stand outside those defined surfaces and that have been assessed as being a hazard to air navigation; “Operator” means a person, organization or enterprise engaged in or offering to engage in an aircraft operation; “Performance based navigation (PBN)” means area navigation based on performance requirements for aircraft operating along an ATS route, on an instrument approach procedure or in a designated airspace; “Prescribed” means prescribed by the Authority in the Manual of ANS Standards, Circulars, Notices, Orders, Aeronautical Publications and any other documents; “Printed communications” means communications which automatically provide a permanent printed record at each terminal of a circuit of all messages which pass over such circuit “Prohibited area” means an airspace of defined dimensions, above the land areas or territorial waters of the State, within which the flight of aircraft is prohibited; “Quality assurance” means part of quality management focused on providing confidence that quality requirements will be fulfilled. “Quality control” means part of quality management focused on fulfilling quality requirements. 891 Official Gazette nº 21bis of 25/05/2015 “Quality management” means coordinated activities to direct and control an organization with regard to quality. “Quality system” means the organisational structure, procedures, implement quality resources needed to processes and management. “Reduced vertical separation minima airspace” means the portion of airspace between flight level 290 and flight level 410 within which vertical separation of 1000ft is applicable; “Required communication performance (RCP)” means a statement of the performance requirements for operational communication in support of specific ATM functions “Required communication performance type” means a label (e.g. RCP 240) that represents the values assigned to RCP parameters for communication transaction time, continuity, availability and integrity “Rescue” means an operation to retrieve persons in distress, provide for their initial medical or other needs, and deliver them to a pace of safety; “Restricted area” means an airspace of defined dimensions, above the land areas or territorial waters of the State, within which the flight of aircraft is restricted in accordance with certain specified conditions “Runway” means a defined rectangular area on a land aerodrome prepared for the landing and take-off of aircraft; “Runway visual range (RVR)” means 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; “Safety management system (SMS)” means a systematic approach to the necessary organizational managing including structures, accountabilities, policies and procedures. safety, “Search” means an operation normally co-coordinated by a rescue co- ordination centre or rescue sub-centre using available personnel and facilities to locate persons in distress; “Search and Rescue Service” means the performance of distress monitoring, communication, co-ordination 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; 892 Official Gazette nº 21bis of 25/05/2015 “Terrain” means 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. “Traceability” means the ability to trace the history, application or location of that which is under consideration; “Validation” means the confirmation, through the provision of objective evidence, that the requirements for a specific intended use or application have been fulfilled; and “verification” means the confirmation, through the provision of that specified requirements have been objective evidence, fulfilled. Application 3. These regulations shall apply to the following service (1) providers: (a) Air Traffic Services (ATS) (b) Communication, Navigation and Surveillance (CNS), (c) Aeronautical Meteorology Services (MET) (d) Aeronautical Information Services (AIS) (e) Aeronautical Search And Rescue Services (SAR) (2) These Regulations shall not apply to: (a) (b) a person providing air navigation services in the course of his duties for Ministry of Defence; and any air navigation service provided by the Ministry of Defence. Manual of Standards 4. (1) The Authority shall issue manuals of standards for air navigation services provided under these regulations that provides for the following matters: (a) (b) (c) standards, including procedures, systems and documents used to provide air navigation service; standards for facilities and equipment used to provide air navigation service; standards for the training and checking of air navigation service provider’s personnel who undertake operational safety-related tasks; 893 Official Gazette nº 21bis of 25/05/2015 (d) any matter necessary or convenient to be provided for the effective implementation of these regulations. The Authority shall give a copies of the relevant Manual of (2) standards to air navigation service provider. 894 Official Gazette nº 21bis of 25/05/2015 PART II CERTIFICATION OF AIR NAVIGATION SERVICES PROVIDERS Service Provider Certificates 5. The provision of all air navigation services within Rwanda (1) shall be subject to certification by the Authority. The Service Provider shall provide all the relevant evidence to (2) demonstrate compliance with the applicable requirements at the request of the Authority. Applications for certification shall be in writing to the (2) Authority, and must include: (a) the applicant’s name and address; (b) (c) (d) a copy of the applicant’s operations manual, prepared as if the applicant were a service provider; and a statement showing each type of service for which the application is being made; and a statement of the intended location and coverage of each service. (1) The Authority shall issue the certificate necessary to provide air navigation services, if applicant complies with common requirements set out in Part III as well as the specific requirements set out in Parts IV to VIII of these Regulations according to the type of service to be provided. The Certificate shall specify the rights and obligations of air (2) navigation service providers, including non-discriminatory access to services for airspace users, with particular regard to safety. Issuance of certificate 6. Contents of the Certificate 7. A certificate shall contain the following information— (a) the name and logo of the Authority; (b) certificate number; (c) (d) the holder’s legal name and physical and mailing address of its principal place of business; the type of services that the holder of the certificate is authorised to provide; (e) the location of services to be provided; 895 Official Gazette nº 21bis of 25/05/2015 (f) a statement of the applicant’s conformity with the requirements of regulation 6; (g) issue and expiry dates of the certificate; and (f) conditions of approval, as appropriate, related to: (i) non-discriminatory access to services for airspace users and the required level of performance of such services, including safety and interoperability levels; (ii) the operational specifications for the particular services; (iii) the time by which the services should be provided; (iv) the various operating equipment to be used within the particular services; (v) ring-fencing or restriction of operations of services other than those related to the provision of air navigation services; (vi) contracts, agreements or other arrangements between the service provider and a third party and which concern the service(s); (vii) provision of information reasonably required for the verification of compliance of the services with the common requirements, including plans, financial and operational data, and major changes in the type and/or scope of air navigation services provided; (viii) any other legal conditions which are not specific to air navigation services, such as conditions relating to the suspension or revocation of the certificate. Validity of a certificate Renewal of certificate 8. 9. The certificate shall be valid for a period of two (2) years from the date of issuance, unless, surrendered, suspended or cancelled in accordance with these Regulations. (1) An application for the renewal of a certificate shall be made in a form prescribed by the Authority and shall be accompanied by the fee as prescribed by the Authority. The application shall be submitted to the Authority not less (2) than sixty (60) days before the expiry of the certificate. (3) The renewal of a certificate shall be subject to continued 896 Official Gazette nº 21bis of 25/05/2015 compliance with these Regulations and the standards contained in the manual of standards and any other conditions as may be specified or notified by the Authority. Amendment of certificate 10. If an ANS provider wants to amend its certificate, it shall apply (1) to the Authority. (2) The application shall contain, or have with it, a copy of the draft amendment of the operations manual that reflects the proposed amendment. If necessary in the interests of the safety of air navigation, the (3) Authority may also amend the certificate. 11. The holder of a certificate shall display the certificate, or a copy of it, in a conspicuous place, generally accessible to the public at the holder’s principal place of business. 12. The certificate issued under these Regulations shall not be transferable 13. (1) The Authority shall keep and maintain a register containing— Display of certificate Transfer of certificate Register of certificate holders (a) name of the holder of the certificate; physical and postal address of the holder of the (b) certificate; (c) and certificate number; (d) date of issue or renewal of the certificate; (d) type of service offered by the holder of the certificate; (e) expiry date of the certificate (f) (g) date of variation, suspension or cancellation of the certificate, if any; any other particulars as may be prescribed by the Authority. Any changes in the particulars recorded under paragraph (1) (2) shall be entered in the register by the Authority. (3) The register shall be available to the public upon request. 897 Official Gazette nº 21bis of 25/05/2015 PART III COMMON REQUIREMENTS TO ALL PROVIDERS OF AIR NAVIGATION SERVICES Technical and Operational Competence and Capability Organisational structure 14. An ANS provider shall be able to provide services in a safe, efficient, continuous and sustainable manner consistent with any reasonable level of overall demand for a given airspace. To this end, it shall maintain adequate technical and operational capacity and expertise 15. (1) An ANS provider shall set up and manage its organisation according to a structure that supports the safe, efficient and continuous provision of services. (2) The organisational structure shall define: (a) the authority, duties and responsibilities of the the in particular of nominated post holders, management personnel in charge of safety, quality, security, related functions; finance and human resources (b) the relationship and reporting lines between different parts and processes of the organisation. An ANS provider shall notify the Authority, in writing, of a (3) change of circumstances that materially affects its capacity to provide any of its air navigation services within 7 days after the change occurs. Personnel 16. An ANS provider shall have, at all times, enough suitably qualified and trained personnel to ensure the provision of its services in a safe, efficient, continuous and sustainable manner. In this context, it shall establish policies for the recruitment and training of personnel. Financial Strength 17. An ANS provider shall be able to meet its financial obligations, such as fixed and variable costs of operation or capital investment costs. It shall use an appropriate cost accounting system. Liability and Insurance Cover 18. An ANS provider shall have in place arrangements to cover its (1) liabilities arising from applicable law. (2) The method employed to provide the cover shall be appropriate to the potential loss and damage in question, taking into account the legal status of the ANS provider and the level of commercial insurance cover available. (3) An ANS provider which avails itself of services of another air navigation service provider shall ensure that the agreements cover the allocation of liability between them. 898 Official Gazette nº 21bis of 25/05/2015 Operations manuals 19. (1) An ANS provider shall provide and keep up-to-date operations manuals approved by the Authority relating to the provision of its services for the use and guidance of operations personnel. It shall ensure that: (a) (b) (c) and operations manuals information required by the operations personnel to perform their duties; instructions contain relevant parts of the operations manuals are accessible to the personnel concerned; the operations personnel are expeditiously informed of the amendments to the operations manual applying to their duties as well as of their entry into force, upon approval by the Authority. The operations manual, which may be issued in separate parts (2) corresponding to specific aspects of operations (e.g. ATS, CNS, MET or AIS), shall contain— (a) a table of contents; (b) list of effective pages (c) a record of any amendments to the operations manual, (d) (e) (f) (g) (h) a distribution list of the holders of copies of the operations manual, a description of the procedure for amending the operations manual, a policy statement, signed by the applicant or the certificate holder, certifying that ANS provision shall be in accordance with information and instructions contained in the operations manual and shall be complied with by all its personnel in performance of their duties; a list of the services that the certificate holder provides, or applicant proposes to provide; a description of the organizational structure of certificate holder management and the functions that the applicant the certificate holder performs, or proposes to perform; (i) a description of how the applicant or certificate holder determines the number of operational staff required 899 Official Gazette nº 21bis of 25/05/2015 including the number of operational supervisory staff and their responsibilities; (j) a description of the airspace and its classification, (k) a description of a system to ensure that any operational information necessary for operational staff to perform their duties or functions is available on a daily basis; (l) a description of the applicant or certificate holder’s document and record keeping system; (m) access to the movement area and vehicle control procedures, (n) (o) a description of facilities and equipment and how they are installed and maintained; search and rescue responsibilities and co-ordination, operations, plan and procedures; (p) the proposed hours of service; (q) any other information prescribed by the Authority. (3) An ANS provider shall amend the operations manual whenever it is necessary to do so to keep it in an up to date form or whenever required by the Authority and such amendment shall be submitted to the Authority for approval. Security 20. (1) An ANS provider shall establish a security program to ensure: (a) (b) the security of its facilities and personnel so as to prevent unlawful interference with the provision of services; the security of operational data it receives or produces or otherwise employs, so that access to it is restricted only to those authorised. (2) The security program shall define: (a) (b) (c) the procedures relating to security risk assessment and mitigation, security monitoring and improvement, security reviews and lesson dissemination; the means designed to detect security breaches and to alert personnel with appropriate security warnings; the means of containing the effects of security breaches and to identify recovery action and mitigation procedures to prevent re-occurrence. 900 Official Gazette nº 21bis of 25/05/2015 (3) An ANS provider shall coordinate with the relevant civil and security authorities to ensure the security of its facilities, personnel and data. Quality of Services 21. ANS providers shall provide air navigation services in an open and transparent manner. They shall publish the conditions of access to their services and establish a formal consultation process with the users of air navigation services on a regular basis, either individually or collectively, and at least once a year. Contingency plan 22. (1) An ANS 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. (2) The plan shall include: (a) (b) (c) the actions to be taken by the members of the ANS provider’s personnel responsible for providing the service; possible alternative arrangements for providing the service; and the arrangements for resuming normal operations for the service. Obligations of ANS provider 23. An ANS provider shall ensure that any service that it provides (1) is provided in accordance with: (a) these regulations; (b) (c) (d) (e) the standards set out in the relevant Manual of Standards; procedures set out in the ANS operations manual approved by the Authority; any instruction issued by it to its personnel in relation to the provision of its air navigation services; and ICAO standards referenced in these regulations or in the manual of standards (2) However, the ANS provider may deviate from the standards if an emergency, or other circumstance, arises that makes the deviation necessary in the interests of aviation safety. As soon as practicable, the provider must notify the Authority (3) of the deviation and how long it is likely to last. 901 Official Gazette nº 21bis of 25/05/2015 Documents and records 24. An ANS provider shall keep documents and records of the (1) kinds specified in the Manual of Standards. (2) A document or record must be retained for as long as the Manual of Standards specifies for the particular kind of document or record. An ANS provider must, at Authority’s request, make the (3) documents and records, or copies of them or extracts from them, available for inspection by Authority. Availability of air navigation service 25. (1) An ANS provider shall give to the Aeronautical Information Service details of each service that it provides in particular airspace, or for a particular aerodrome, including the hours during which the service is available. (2) An ANS provider shall tell the Aeronautical Information Service about changes, interruptions or the unavailability of any of its services. Changes to service provided 26. An ANS provider shall notify the Authority of planned changes to its provision of services which may affect its compliance with the applicable regulations or with the conditions attached to the certificate. Discontinuing ANS provision 27. An ANS provider shall not discontinue any service that it provides, unless it has given the Authority at least ninety (90) days written notice that the service is to be discontinued. 902 Official Gazette nº 21bis of 25/05/2015 PART IV SPECIFIC REQUIREMENTS FOR AIR TRAFFIC SERVICES (ATS) Safety management system (SMS) 28. An ATS provider shall have, and put into effect, an SMS that (1) includes the policies, procedures, and practices necessary to safely provide the air traffic services covered by its approval. The SMS shall be in accordance with the standards set out in (2) the Manual of Standards. (3) The ATS provider shall keep under review its SMS and take such corrective action as is necessary to ensure that it operates properly. (4) Whe the provision of AIS, CNS, MET and/or SAR services are under the authority of an ATS provider, they shall be included in the scope of the ATS provider’s SMS. Operating procedures 29. An ATS provider shall ensure that any service that it provides (1) is provided in accordance with standards in: (a) these regulations; (b) manual of standards; and (c) the following current ICAO documents as far as they are relevant for the provision of air traffic services in the airspace concerned: (i) (ii) ICAO Doc. 4444 – Procedures of Air Navigation Services - Air Traffic Management (PANS-ATM); ICAO Doc. 7030 – Regional Supplementary Procedures (SUPPS); (iii) Annex 2 – Rules of the Air; (iv) Annex 10 – Aeronautical telecommunications, Volume II; and (v) Annex 11 – Air traffic services. The ATS provider shall keep all the documents referenced in (2) paragraph (1) up to date. The ATS provider’s personnel who perform functions in (3) connection with any service that the ATS provider provides shall have easy access to the reference documents. 903 Official Gazette nº 21bis of 25/05/2015 Facilities and equipment 30. (1) An ATS provider shall, at all times, make available for use by its personnel the equipment and facilities necessary for providing, in accordance with the standards set out in the Manual of Standards, the air traffic services covered by its approval. The equipment shall include equipment of the kinds specified (2) in the Manual of Standards. (3) Any equipment and facilities mentioned in chapter 6 of manual of standards that the provider uses in providing an air traffic service must comply with the standards of that chapter. (4) If an ATS uses a control tower in providing an air traffic service, the ATS provider shall ensure the control tower is designed, sited, constructed, equipped and maintained in accordance with the standards set out in the Manual of Standards. An ATS provider shall, where it does not provide all the required services, have an agreement with other ANS providers for any services that it receives from them. If an ATS provider (other than an ATS provider that is also an aerodrome operator) provides an air traffic service for a controlled aerodrome, the provider shall have an agreement with the aerodrome operator covering the arrangements for controlling aircraft, vehicles and people on the manoeuvring area of the aerodrome. Agreements with other ANS providers Agreements with aerodrome operators 31. 32. Arrangements for transfer of information 33. An ATS provider shall have, at all (1) times, adequate arrangements to ensure that it gets, and will continue to get, the services and information necessary to provide the air traffic services covered by its approval. (2) The provider shall have, at all times, adequate arrangements to ensure that it is able, and will continue to be able, to provide information in connection with any of those air traffic services to another person whose duties or functions reasonably require that information. Logbooks 34. (1) An ATS provider shall keep, for each air traffic service that it provides from a particular location, a logbook in accordance with the standards set out in the Manual of Standards. The ATS provider shall ensure that information of the kinds (2) mentioned in the Manual of Standards is recorded in each logbook. The ATS provider shall, at Authority’s request, make each (3) logbook, or a copy of it or an extract from it, available for inspection by Authority. 904 Official Gazette nº 21bis of 25/05/2015 PART V SPECIFIC REQUIREMENTS FOR THE PROVISION OF COMMUNICATION, NAVIGATION AND SURVEILLANCE (CNS) SERVICES 35. Technical and Operational Competence and Capability Providers of CNS services shall ensure the availability, (1) continuity, accuracy and integrity of their services. Providers of CNS services shall confirm the quality level of the (2) services they are providing and shall demonstrate that their equipment is regularly maintained and where required calibrated. Safety management system (SMS) 36. CNS provider shall have, and put into effect, an SMS that (1) includes the policies, procedures, and practices necessary to safely provide the air traffic services covered by its approval. The SMS shall be in accordance with the standards set out in (2) the Manual of Standards. CNS provider shall keep under review its SMS and take such (3) corrective action as is necessary to ensure that it operates properly. Operating Procedures 37. Providers of CNS services shall ensure that any service that it provides is provided in accordance with standards in: (a) these regulations; (b) manual of standards; and (c) following current annexes the the Convention on International Civil Aviation as far as they are relevant for the provision of CNS services in the airspace concerned: to (i) Annex 10 (aeronautical telecommunications) to the Convention on International Civil Aviation in the following volumes as far as they are relevant for the provision of CNS services in the airspace concerned: - - - - Volume I - radio navigation aids; Volume II - including those with PANS status; communication procedures Volume III - communications systems; Volume IV - surveillance radar and collision avoidance systems; and 905 Official Gazette nº 21bis of 25/05/2015 - Volume V - aeronautical radio frequency spectrum utilization. PART VI METEOROLOGICAL SERVICES FOR AIR NAVIGATION 38. Technical and operational competence and capability Providers of meteorological the meteorological information, necessary for the performance of their respective functions and in a form suitable for users, is made available to: shall ensure services that (a) operators and flight crew members for pre-flight and in-flight planning; (b) providers of air traffic services and flight information services; (c) search and rescue services units; (d) aerodromes. (2) Providers of meteorological services shall confirm the level of attainable accuracy of the information distributed for operations, including the source of such information, whilst also ensuring that such information is distributed in a sufficiently timely manner, and updated as required. Working methods and operating procedures 39. Providers of meteorological services shall be able to demonstrate that their working methods and operating procedures are compliant with standards in: (a) these regulations; (b) manual of standards, and (c) the following current annexes to the Convention on International Civil Aviation as far as they are relevant for the provision of meteorological services in the airspace concerned: (i) Annex 3 on meteorological service for international air navigation; (ii) Annex 11 on air traffic services; and (iii) Annex 14 on aerodromes in the following versions: - - Volume I on aerodrome design and operations; and Volume II on heliports. 906 Official Gazette nº 21bis of 25/05/2015 PART VII AERONAUTICAL INFORMATION SERVICES (AIS) AND AERONAUTICAL CHARTS Technical and operational competence and capability 40. Providers of aeronautical information services shall ensure that (1) information and data is available for operations in a form suitable for: (a) flight operating personnel, including flight crew, as well as flight planning, flight management systems and flight simulators; (b) providers of air traffic services which are responsible for flight information services, aerodrome flight information services and the provision of pre-flight information. (2) Providers of aeronautical information services shall ensure the integrity of data and confirm the level of accuracy of the information distributed for operations, including the source of such information, before such information is distributed. Working methods and operating procedures 41. Providers of aeronautical information services shall be able to demonstrate that their working methods and operating procedures are compliant with the standards in: (a) these regulations; (b) manual of standards, and (c) following current annexes the the Convention on International Civil Aviation as far as they are relevant for the provision of AIS in the airspace concerned to (i) Annex 3 on meteorological service for international air navigation; (ii) Annex 4 on aeronautical charts; and (iii) Annex 15 on aeronautical information services 907 Official Gazette nº 21bis of 25/05/2015 PART VIII AERONAUTICAL SEARCH AND RESCUE SERVICES (SAR) Aircraft in Distress 42. (1) (2) Providers of Search and Rescue (SAR) services shall to provide such measures of assistance to aircraft in distress in Rwandan territory as it may find practicable, and subject to control by competent authorities, the owners of the aircraft or authorities of the State in which the aircraft is registered, shall be permitted to provide such measures of assistance as may be necessitated by the circumstances. In providing assistance to aircraft in distress and to survivors of aircraft accidents, SAR services providers shall do so regardless of the nationality or status of such persons or the circumstances in which such persons are found. (4) When undertaking search for missing aircraft, SAR services providers will collaborate in coordinated measures which may be recommended from time to time pursuant to the Chicago Convention (5) SAR services shall be provided on a 24-hour basis. Working methods and operating procedures 43. Providers of SAR services shall be able to demonstrate that their working methods and operating procedures are compliant with standards in: (a) these regulations; (b) manual of standards, and (c) the following current ICAO documents as far as they are relevant for the provision of SAR services in the airspace concerned: (i) ICAO Annex 12 – Search and Rescue (ii) ICAO Annex 13 – Aircraft Accident and Incident Investigation (iii) IAMSAR Manual Vol 1 – Organisation and Management (iv) IAMSAR Manual Vol II – Mission Co-Ordination (iv) IAMSAR Manual Vol III – Mobile Facilities (v) ICAO Doc 7030 – Regional Supplementary Procedures for Alerting and SAR services 908 Official Gazette nº 21bis of 25/05/2015 PART XV SAFETY OVERSIGHT OF AIR NAVIGATION SERVICES Safety oversight function 44. The Authority shall exercise safety oversight as part of its supervision of requirements applicable to air navigation 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. 45. Verification of compliance with safety regulatory requirements (1) 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 air navigation services including safety-related conditions attached to it. (2) The process referred to in paragraph (1) shall: (a) be based on documented procedures; (b) be supported by documentation specifically intended to provide safety oversight personnel with guidance to perform their functions; (c) provide the organisations concerned with an indication of the results of the safety oversight activity; (d) be based on safety regulatory audits and reviews conducted; (e) provide competent authorities with the evidence needed to support further action. Safety regulatory audits 46. The Authority shall conduct safety regulatory audits of all air navigation services provider. (2) The safety regulatory audits referred to in paragraph (1) shall: (a) (b) 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; be independent of internal auditing activities undertaken by the service provider concerned as part of its safety or quality management systems; (c) be conducted by qualified inspectors; (d) to complete apply implementing arrangements or elements thereof, and to processes, products or services; 909 Official Gazette nº 21bis of 25/05/2015 (e) determine whether: (i) (ii) implementing arrangements comply with safety regulatory requirements; actions taken comply with the implementing arrangements; (iii) the results of actions taken match the results expected from the implementing arrangements; (f) lead to the correction of any identified non-conformities (3) Within the inspection programme, the Authority shall establish and update at least annually a programme of safety regulatory audits in order to: (a) cover all the areas of potential safety concern, with a focus on those areas where problems have been identified; (b) cover all the service providers, services; (c) (d) (e) that audits are conducted ensure in a manner commensurate to the level of risk posed by the service providers’ activities; ensure that sufficient audits are conducted over a period of 2 years to check the compliance of all these service providers with applicable safety regulatory requirements in all the relevant areas of the functional system; ensure follow up of the implementation of corrective actions. The Authority may decide to modify the scope of pre-planned (4) audits and to include additional audits, wherever that need arises. (5) The Authority shall decide which arrangements, elements, services, functions, products, physical locations and activities are to be audited within a specified time frame. (6) 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. An audit report, including the details of the non-conformities, (7) shall be drawn up. Corrective actions 47. (1) The Authority shall communicate the audit findings to audited 910 Official Gazette nº 21bis of 25/05/2015 service providers and shall simultaneously request corrective actions to address the non-conformities identified without prejudice to any the applicable safety regulatory additional action required by requirements. (2) Audited service providers shall determine the corrective actions deemed necessary to correct non-conformities and the time frame for their implementation. (3) 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. Audited service providers shall initiate the corrective actions (4) accepted by the Authority. These corrective actions and the subsequent follow-up process shall be completed within the time period accepted by competent authorities. (1) Service providers shall only use procedures accepted by the Authority when deciding whether to introduce a safety-related change to their functional systems. In case of air traffic service providers and communication, navigation or surveillance service providers, the Authority shall accept these procedures in the framework of these regulations. 2. Service providers shall notify the Authority of all planned safety- related changes. Safety oversight of changes to functional systems 48. Suspension and cancellation of certificate 49. Authority may, in written notice, suspend or cancel the (1) certificate if the ANS provider: (a) has breached a condition of the certificate; or (b) has contravened these Regulations; or (c) (d) does not meet, or continue to meet, a requirement of this these regulations for getting the approval; or has otherwise been guilty of conduct that renders the ANS provider’s continued holding of the certificate likely to have an adverse effect on the safety of air navigation. (2) The notice must: (a) tell the ANS provider of the facts and circumstances that justify the suspension or cancellation of the certificate; and (b) invite the ANS provider to show in writing, within a 911 Official Gazette nº 21bis of 25/05/2015 reasonable period stated in the notice, why the approval should not be cancelled or suspended. Dr NZAHABWANIAMANA Alexis Minister of State in charge of Transport Seen and sealed with the Seal of the Republic: (sé) BUSINGYE Johnston Minister of Justice/Attorney General 912 Official Gazette nº 21bis of 25/05/2015 Bibonywe kugira ngo bishyirwe ku mugereka w’Amabwiriza ya Minisitiri N° 02/MOS/TRANS/015 yo ku wa 08/04/2015 ashyira mu bikorwa Itegeko nº 75/2013 ryo ku wa 11/09/2013 rigena amabwiriza mu by’indege za gisiviri to to be annexed the Ministerial Seen Regulations N° of 08/04/2015 implementing the Law nº 75/2013 regulations 11/09/2013 of governing civil aviation 02/MOS/TRANS/015 establishing Vu pour être annexé aux règlements ministériels N° 02/MOS/TRANS/015 du 08/04/2015 mettant en exécution la Loi nº portant la 75/2013 règlementation de l’aviation civile 11/09/2013 de Kigali, ku wa 08/04/2015 Kigali, on 08/04/2015 Kigali, le 08/04/2015 (sé) Dr NZAHABWANIMANA Alexis Umunyamabanga wa Leta Ushinzwe Gutwara Abantu n’Ibintu Bibonywe Repubulika : bishyizweho Ikirango kandi cya Dr NZAHABWANIMANA Alexis Minister of State in charge of Transport (sé) (sé) Dr NZAHABWANIMANA Alexis Secrétaire d’Etat chargé des Transports Seen and sealed with the Seal of the Republic: Vu et scellé du Sceau de la République : (sé) BUSINGYE Johnston Minisitiri w’Ubutabera/Intumwa Nkuru ya Leta (sé) BUSINGYE Johnston Minister of Justice/Attorney General (sé) BUSINGYE Johnston Ministre de la Justice/Garde des Sceaux 913