Official Gazette no.Special of 27/07/2018

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1002 Official Gazette no.Special of 27/07/2018

Bibonye kugira ngo bishyirwe ku mugereka Seen to be annexed to Ministerial Vu pour être annexé à l’Arrêté w’Iteka rya Minisitiri no04/CAB.M/018 ryo ku wa Order no04/CAB.M/018 of 24/07/2018 Ministériel no04/CAB.M/018 du 24/07/2018 rishyiraho amabwiriza ajyanye establishing civil aviation regulations 24/07/2018 établissant les règlements de n’iby’indege za gisivili l'aviation civile

Kigali, ku wa 24/07/2018 Kigali, on 24/07/2018 Kigali, le 24/07/2018

(sé) (sé) (sé) GATETE Claver GATETE Claver GATETE Claver Minisitiri w’Ibikorwa Remezo Minister of Infrastructure Ministre des Infrastructures

Bibonywe kandi bishyizweho Ikirango cya Seen and sealed with the Seal of the Vu et scellé du Sceau de la République: Repubulika: Republic:

(sé) (sé) (sé) BUSINGYE Johnston BUSINGYE Johnston BUSINGYE Johnston Minisitiri w’Ubutabera/ Intumwa Nkuru ya Leta Minister of Justice/ Attorney General Ministre de la Justice/ Garde des Sceaux

1003 Official Gazette no.Special of 27/07/2018

UMUGEREKA WA 28 W’ITEKA RYA ANNEX 28 TO MINISTERIAL ORDER ANNEXE 28 D’ARRETE MINISTERIEL MINISITIRI No04/CAB.M/018 RYO KU WA No04/CAB.M/018 OF 24/07/2018 No04/CAB.M/018 DU 24/07/2018 24/07/2018 RISHYIRAHO AMABWIRIZA ESTABLISHING CIVIL AVIATION ETABLISSANT LES REGLEMENTS DE AJYANYE N’IBY’INDEGE ZA GISIVILI REGULATIONS L'AVIATION CIVILE

1004 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 28

Part 28 General Aviation: Corporate Operators, Turbojet & Large Airplanes

Subpart A: General ...... 3 28.001 Citation & Applicability ...... 3 28.005 Definitions ...... 3 28.010 Acronyms & Abbreviation ...... 3 28.015 Operator is Responsible ...... 3 28.017 Operating Base: Notification to Authority ...... 3 28.020 Liability Insurance ...... 4 28.025 No Remuneration, Compensation or Aerial Work ...... 4

Subpart B: Operator Manual System ...... 4 28.030 Applicability ...... 4 28.035 Contents of the Manual System ...... 4 28.040 Operations Manual ...... 4 28.045 Aircraft Operating Manual ...... 5 28.050 Minimum Equipment List...... 5 28.055 Operator’s Maintenance Control Manual ...... 5

Subpart C: Formal Programs ...... 5 28.060 Applicability ...... 5 28.065 Operational Control System ...... 6 28.070 Safety Management System ...... 6 28.075 Personnel Training & Qualification Program ...... 6 28.080 Fatigue Management Program ...... 7 28.085 Maintenance Program ...... 7 28.090 Electronic Navigation Data Management Program ...... 7 28.095 Security Program ...... 7 28.100 Aerodrome Operating Minima & Minimum Flight Altitudes ...... 7 28.105 Flight Recorders ...... 8

Subpart D: Personnel Training & Qualifications ...... 8 28.110 Applicability ...... 8 28.115 Operating Instructions & Training ...... 8 28.120 Crew Member Emergency Duties ...... 8 28.125 Flight Crew Member Training...... 9 28.130 Pilot Proficiency Check ...... 9 28.135 Cabin Crew Member Training ...... 9 28.140 Flight Dispatcher Training ...... 9 28.145 Maintenance Personnel Training ...... 9

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Appendices ...... 10 Appendix 1 to 28.040: Contents of Operations Manual ...... 10

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Page 28-2 of 10 1006 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 28

SUBPART A: GENERAL

28.001 CITATION & APPLICABILITY (a) These Regulations may be cited as Civil Aviation (General Aviation: Corporate Operators, Large and Turbojet Aircraft) Regulations. (b) This Part prescribes requirements of Rwanda, in addition to those found in Part 10 of these Regulations, that apply to the general aviation operations of— (1) Large airplanes; (2) Turbojet-powered airplanes; and (3) Other aircraft configured for more than 9 passengers. (c) Corporate aviation operations involving three or more aircraft that are operated by pilots employed for the purpose of flying the aircraft, at least one of which is an aeroplane, should be conducted in accordance with this Part. (d) This Part also specifically applies to operators of the airplanes listed in (a) and (b), including their managers, licensed persons and service providers who perform the functions associated with maintenance, training, dispatch and flight operations. (e) Civil Aviation Technical Standards published by the Authority shall also be applicable to general aviation operators of large and turbojet aircraft.

28.005 DEFINITIONS (a) All definitions applicable to this Part are contained in Part 1 (Appendix 1 to 1.015) of these Regulations.

28.010 ACRONYMS & ABBREVIATION [Reserved].

28.015 OPERATOR IS RESPONSIBLE (a) The operator subject to the requirements of this Part shall ensure that the personnel employed for operations and maintenance— (1) Have completed all required training before being assigned to their specific functions; (2) Are qualified for the duties, responsibilities and functions they are assigned; (3) Comply with the laws, regulations and procedures applicable to their assignment; (b) The operator shall ensure that its personnel are provided with the manuals and other reference documents necessary to the performance of their duties and responsibilities. (c) The operator shall ensure that the owner’s responsibilities for maintenance and maintenance records of this Part and Part 4 of these Regulations have been met for the aircraft that he is operating. (d) The operator shall ensure the completion and retention of the records required for operations under this Part to demonstrate conformance with the applicable requirements. (e) The operator shall ensure the completion, submission and retention of the reports required for operations under this Part.

28.017 OPERATING BASE: NOTIFICATION TO AUTHORITY (a) An operator subject to the requirements of this Part shall— (1) Provide the Authority with the prescribed information regarding its operating bases; and (2) Notify the civil aviation authorities of each State in which they maintain an operating base. (b) Upon notification, the Authority shall confirm the safety and security oversight arrangements with the State of Registry.

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28.020 LIABILITY INSURANCE (a) No person may operate or pilot an aircraft to which this Part applies unless the operator and/or pilot has:— (1) Current third-party liability insurance of claim levels acceptable to the Authority for the level of risk; and (2) Has evidence of that insurance in his personal possession at the time of flight.

28.025 NO REMUNERATION, COMPENSATION OR AERIAL W O R K (a) The operator or pilot of an aircraft to which this Part applies shall not operate the aircraft except for— (1) general aviation purposes; and (2) business or personal travel of the owners. (b) The operator shall not request or receive remuneration or any form of compensation from any other person or other organisation for the operation of the aircraft, including reimbursement for expenses. (c) The operator or pilot of an aircraft to which this Part applies shall not operate the aircraft in any aviation activity that is defined in Part 1 as commercial air transport or aerial work.

SUBPART B: OPERATOR MANUAL SYSTEM

28.030 APPLICABILITY (a) This Subpart provides the manual system requirements for operators subject to this Part.

28.035 CONTENTS OF THE MANUAL SYSTEM (a) The operator shall provide the following manuals, programs and checklists as a part of its manual system— (1) Operations Manual; (2) Aircraft Operating Manual; (3) Normal, abnormal and emergency checklist for all phases of flight; (4) Minimum Equipment List; (5) Training program; (6) Maintenance Control Manual; (7) Maintenance program; and (8) Maintenance Task Cards; (b) The operator shall furnish copies of all amendments to these manuals and checklists promptly to all organisations or persons to whom they have been issued.

28.040 OPERATIONS MANUAL (a) An operator shall provide, for the use and guidance of personnel concerned, an operations manual containing all the instructions and information necessary for operations personnel to perform their duties. . (b) The operations manual shall contain the minimum requirements prescribed in Appendix 1 to 28.025 and may reference accepted and recognized industry codes of practice as the basis for the development of an operations manual as identified by the operator and Authority. (c) The operations manual shall be amended or revised as is necessary to ensure that the information contained therein is kept up to date. (d) All such amendments or revisions shall be issued to all personnel that are required to use this manual. (e) The operator shall ensure that the operations manual is carried in the cockpit of the aircraft on each flight and is immediately accessible to the flight crew

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28.045 AIRCRAFT OPERATING MANUAL (a) The operator subject to this Part shall provide operations staff and flight crew with an aircraft operating manual, for each aircraft type operated, containing the normal, abnormal and emergency procedures relating to the operation of the aircraft. (b) The manual should be consistent with the aircraft flight manual and checklists to be used. (c) The design of the manual should observe Human Factors principles. (d) The manual should contain the operating instructions and provide information on aeroplane climb performance to enable the pilot-in-command to determine the climb gradient that can be achieved during the departure phase for the existing take-off conditions and intended take-off technique. (e) The aircraft operating manual shall contain the procedures for conducting instrument approaches. (f) The operator shall ensure that the aircraft operating manual and associated checklists are carried in the cockpit of the aircraft on each flight and is immediately accessible to the flight crew

28.050 MINIMUM EQUIPMENT LIST (a) Where a master minimum equipment list (MMEL) is established for the aircraft type, the operator subject to this Part shall include in the operations manual a minimum equipment list (MEL) approved by the State of Registry of the aeroplane which will enable the pilot-in-command to determine whether a flight may be commenced or continued from any intermediate stop should any instrument, equipment or systems become inoperative. (b) The operator shall ensure that appropriate MEL is carried in the cockpit of the aircraft on each flight and shall be immediately accessible to the flight crew

28.055 OPERATOR’S MAINTENANCE CONTROL MANUAL (a) The operator shall provide a maintenance control manual for the use and guidance of maintenance and operations personnel. (b) The operator’s maintenance control manual, which may be issued in separate parts, shall be developed according to industry codes of practice, and should at a minimum contain information about— (1) The means for complying with the procedures required by the operator’s maintenance responsibilities; (2) The means of recording the names and duties of the person or persons required by the operator’s maintenance responsibilities; (3) The operator’s approved maintenance program; (4) The methods used for the completion and retention of the operator’s maintenance records; (5) The procedures for complying with the service information reporting requirements; (6) The procedures for implementing action resulting from mandatory continuing airworthiness information; (7) A system of analysis and continued monitoring of the performance and efficiency of the maintenance program, in order to correct any deficiency in that program; (8) The aircraft types and models to which the manual applies; (9) The procedures for ensuring that unserviceability’s affecting airworthiness are recorded and rectified; and (10) Procedures for advising the State of Registry of significant in-service occurrences.

SUBPART C: FORMAL PROGRAMS

28.060 APPLICABILITY (a) This Subpart provides the formal programs requirements for operators subject to this Part.

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28.065 OPERATIONAL CONTROL SYSTEM (a) An operator subject to the requirements of this Part shall describe the operational control system in the operations manual and identify the roles and responsibilities of those involved with the system. (b) The operator will also retain copies of the key documents associated with the operational control of specific flight operations under this Part for a period of 3 months after the flight, which include— (1) The ATS flight plan that was filed; (2) All preflight planning documents and calculations of fuel supply requirements; (3) The mass, balance and performance calculations; and (4) The aircraft journey/technical log page, including the deferral/correction of any known or suspected defects.

28.070 SAFETY MANAGEMENT SYSTEM (a) An operator subject to the requirements of this Part shall establish and maintain a safety management system that is appropriate to the size and complexity of the operation. (b) The safety management system should conform to the requirements of Part 30 and as a minimum include— (1) A process to identify actual and potential safety hazards and assess the associated risks; (2) A process to develop and implement remedial action necessary to maintain an acceptable level of safety; and (3) Provision for continuous monitoring and regular assessment of the appropriateness and effectiveness of safety management activities.

28.075 PERSONNEL TRAINING & QUALIFICATION PROGRAM (a) An operator shall establish, implement and maintain a qualification and training program for all personnel involved in the operations and maintenance of the aircraft that is designed to ensure that all persons who receive training acquire and maintain the competency to perform their assigned duties. (b) This training program with the appropriate syllabus shall be included— (1) For flight crew personnel, in the operations manual. (2) For cabin crew members, in the operations manual or a separate cabin crew manual. (3) For flight dispatchers, in the operations manual, or a separate flight dispatch manual. (4) For maintenance personnel, in the maintenance control manual. (c) This program shall includes maintenance and retention of records for each employee which demonstrate the— (1) Current assignments; (2) Currency of required licenses; (3) Completion of initial ground training, including— (i) Company policies and procedures indoctrination; (ii) Human factors training, and coordination with other operations personnel and crew members; (iii) Threat and error management; (iv) Dangerous goods training; (v) Emergency equipment drills; (vi) Aircraft systems and their operations and, if applicable, maintenance; (4) Completion of initial flight training in the type of aircraft, including fleet differences; (5) Completion of specialized training, such as ACAS II operation; (6) Completion of recency of experience; (7) Completion of continuation and recurrent training; and

Page 28-6 of 10 1010 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 28

(8) Completion of proficiency or competency checks. (d) The operator may provide these ground and flight training programs through internal programs or through a training services provider or combinations of methods, but the specifics must be provided in the applicable training program. (e) This training curriculum(s) and methodology shall be acceptable to Authority.

28.080 FATIGUE MANAGEMENT PROGRAM (a) An operator shall establish and implement a fatigue management program that ensures that all operator personnel involved in the operation and maintenance of aircraft do not carry out their duties when fatigued. (b) The program shall address flight and duty times and mandatory rest periods.

28.085 MAINTENANCE PROGRAM (a) The operator shall provide, for the use and guidance of maintenance and operational personnel concerned, a maintenance program for each aeroplane, acceptable to Authority. (b) The design and application of the operator’s maintenance shall comply with human factors principles. (c) The maintenance program for each aeroplane shall contain the following information— (1) Maintenance tasks and the intervals at which these are to be performed, taking into account the anticipated utilisation of the aeroplane; (2) When applicable, a continuing structural integrity program; (3) Procedures for changing or deviating from the requirements of subparagraphs (1) and (2) as approved by Authority; and (4) When applicable and approved by Authority, condition monitoring and reliability program descriptions for aircraft systems, components and powerplants. (d) Maintenance tasks and intervals that have been specified as mandatory in approval of the type design, or approved changes to the maintenance program, shall be identified as such. (e) The maintenance program should be based on maintenance program information made available by the State of Design or by the organisation responsible for the type design, and any additional applicable experience acceptable to Authority. (f) The operator shall furnish copies of all amendments to the maintenance program promptly to all organisations or persons to whom the maintenance program has been issued.

28.090 ELECTRONIC NAVIGATION DATA MANAGEMENT PROGRAM (a) An operator shall have a program approved by Authority for the use of electronic navigation data products that have been processed for application in the air and on the ground that includes— (1) Procedures to ensure proper monitoring of the process and products. (2) Procedures that ensure the timely distribution and insertion of current and unaltered electronic navigation data to all aircraft that require it.

28.095 SECURITY PROGRAM (a) The operator, including corporate operator aviation operators, shall establish, implement and maintain a written operator security program that meets the requirements of the national civil aviation security program of Rwanda.

28.100 AERODROME OPERATING MINIMA & MINIMUM FLIGHT ALTITUDES (a) An operator shall ensure that no pilot-in-command operates to or from an aerodrome using operating minima lower than those which may be established for that aerodrome by the State in which it is located, except with the specific approval of that State.

Page 28-7 of 10 1011 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 28

(b) An operator shall specify, for flights which are to be conducted in accordance with the instrument flight rules, the method of establishing terrain clearance altitudes.

28.105 FLIGHT RECORDERS (a) To ensure the continued serviceability of the records, the operator shall ensure that an on-going program of operational checks and evaluations of recordings is being conducted for both the flight data and cockpit voice recorder system. (b) That program will provide procedures to ensure that the recorders are— (1) Not switched off during flight time; (2) Deactivated upon completion of flight time following an accident or incident; and (3) Not reactivated before their disposition as determined in accordance with Part 19 of these Regulations (c) The owner of the aeroplane, or in the case where it is leased, the lessee, shall ensure, to the extent possible, in the event the aeroplane becomes involved in an accident or incident— (1) The preservation of all related flight recorder records; and (2) If necessary, the associated flight recorders, and (3) The retention of the records and recorders in safe custody pending their disposition as determined in accordance with Part 19 of these Regulations.

SUBPART D: PERSONNEL TRAINING & QUALIFICATIONS

28.110 APPLICABILITY (a) This Subpart provides the personnel training and qualifications requirements for operators subject to this Part.

28.115 OPERATING INSTRUCTIONS & TRAINING (a) The operator shall ensure that all operations and maintenance personnel are properly instructed in their particular duties and responsibilities and the relationship of such duties to the operation as a whole. (b) The operator shall ensure that all employees when abroad know that they must comply with the laws, regulations and procedures of those States in which operations are conducted. (c) The operator shall ensure that all pilots are familiar with the laws, regulations and procedures, pertinent to the performance of their duties, prescribed for the areas to be traversed, the aerodromes to be used and the air navigation facilities relating thereto. (d) The operator shall ensure that other members of the flight crew are familiar with such laws, regulations and procedures referenced in paragraph (c) as are pertinent to the performance of their respective duties in the operation of the aeroplane.

28.120 CREW MEMBER EMERGENCY DUTIES (a) An operator shall, for each type of aeroplane, assign to all crew members the necessary functions they are to perform in an emergency or in a situation requiring emergency evacuation. (b) Continuation and recurrent training in accomplishing these functions shall be contained in the operator’s training program and shall include— (1) Instruction in the use of all emergency and life-saving equipment required to be carried; and (2) Drills in the emergency evacuation of the aeroplane.

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28.125 FLIGHT CREW MEMBER TRAINING (a) An operator shall establish and maintain a flight crew training program that is designed to ensure that a person who receives training acquires and maintains the competency to perform assigned duties, including skills related to human performance. (b) The training program shall include training to competency for all equipment installed. (c) Flight simulators should be used to the maximum extent practicable for initial and annual recurrent training. (d) This training should include all applicable requirements of Section 28.075 of this Part.

28.130 PILOT PROFICIENCY CHECK (a) The operator shall ensure that piloting technique and the ability to execute emergency procedures is checked periodically in such a way as to demonstrate the pilot’s competence. (b) Where the operation may be conducted under the instrument flight rules, an operator shall ensure that the pilot’s competence to comply with such rules is demonstrated to either a check pilot of the operator or a representative of Authority. (c) The periodicity of the checks referred to in paragraph (a) of this Section is dependent upon the complexity and shall be not be less than that specified in Subpart C of Part 10 of these Regulations.

28.135 CABIN CREW MEMBER TRAINING (a) An operator shall ensure that all cabin crew members— (1) Complete initial and continuation training with all features of the operation which are pertinent to their duties, including human factors and coordination with flight crew and ground handling personnel; and (2) Maintain competency in the functions to which they are assigned. (b) This training shall include all applicable requirements of Section 13.011 and Section 28.075.

28.140 FLIGHT DISPATCHER TRAINING (a) An operator shall ensure that all flight dispatchers and other persons associated with operational control— (1) Complete initial and continuation training with all features of the operation which are pertinent to their duties, including human factors and coordination with other dispatch and flight crews; and (2) Maintain competency in the functions to which they are assigned. (b) This training should include all applicable requirements of Section 28.075 of this Part.

28.145 MAINTENANCE PERSONNEL TRAINING (a) The operator shall ensure that all maintenance personnel— (1) Complete initial and continuation training with all features of the maintenance activities which are pertinent to their duties, including human factors and coordination with other maintenance personnel and flight crew; and (2) Maintain competency in the functions to which they are assigned. (b) This training should include all applicable requirements of Section 28.075 of this Part.

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APPENDICES

APPENDIX 1 TO 28.040: CONTENTS OF OPERATIONS MANUAL (a) The operations manual shall include policies and procedures to ensure the— (1) The details of the fatigue management program; (2) The instructions and information for determination for expected aircraft performance, including runway length, climb gradient and landing. and intended takeoff technique; (3) Procedures to ensure that the flight is not commenced unless— (i) The aeroplane is airworthy, duly registered and that appropriate certificates with respect thereto are aboard the aeroplane; (ii) The instruments and equipment installed in the aeroplane are appropriate, taking into account the expected flight conditions; (iii) Any necessary maintenance has been performed in accordance with Part 4 of these Regulations; (iv) The mass of the aeroplane and centre of gravity location are such that the flight can be conducted safely, taking into account the flight conditions expected; (v) Any load carried is properly distributed and safely secured; and (vi) The aeroplane operating limitations, contained in the flight manual, or its equivalent, will not be exceeded. (4) A description of the operational control system and identify the roles and responsibilities of those involved with that system. (5) Flight planning procedures to provide for the safe conduct of the flight based on considerations of aeroplane performance, other operating limitations and relevant expected conditions on the route to be followed and at the aerodromes concerned. (6) Procedures for ensuring proper use of oxygen; (7) Minimum oxygen supply for crew and passengers (8) Safe refueling with passengers on board; (9) AOM operating procedures for conducting instrument approaches; (10) Flight recorder operations and checks (11) Post-accident flight recorder records preservation (12) For flights which are to be conducted in accordance with the instrument flight rules, the method of establishing terrain clearance altitudes. (13) General requirements regarding aerodrome operating minima, including a prohibition against using operating minima lower than those which may be established for that aerodrome by the State in which it is located, except with the specific approval of that State. (14) Procedures to ensure that all baggage carried onto an aeroplane and taken into the passenger cabin is adequately and securely stowed during takeoff and landing. (15) Prohibitions against inflight simulation of instrument flight, abnormals or emergency when passengers are on board; (16) Passenger briefing procedures and content to include all requirements of Section10.300 to these Regulations.

End of RCAR Part 28

Page 28-10 of 10 1014 Official Gazette no.Special of 27/07/2018

Bibonye kugira ngo bishyirwe ku mugereka Seen to be annexed to Ministerial Vu pour être annexé à l’Arrêté w’Iteka rya Minisitiri no04/CAB.M/018 ryo ku wa Order no04/CAB.M/018 of 24/07/2018 Ministériel no04/CAB.M/018 du 24/07/2018 rishyiraho amabwiriza ajyanye establishing civil aviation regulations 24/07/2018 établissant les règlements de n’iby’indege za gisivili l'aviation civile

Kigali, ku wa 24/07/2018 Kigali, on 24/07/2018 Kigali, le 24/07/2018

(sé) (sé) (sé) GATETE Claver GATETE Claver GATETE Claver Minisitiri w’Ibikorwa Remezo Minister of Infrastructure Ministre des Infrastructures

Bibonywe kandi bishyizweho Ikirango cya Seen and sealed with the Seal of the Vu et scellé du Sceau de la République: Repubulika: Republic:

(sé) (sé) (sé) BUSINGYE Johnston BUSINGYE Johnston BUSINGYE Johnston Minisitiri w’Ubutabera/ Intumwa Nkuru ya Leta Minister of Justice/ Attorney General Ministre de la Justice/ Garde des Sceaux

1015 Official Gazette no.Special of 27/07/2018

UMUGEREKA WA 29 W’ITEKA RYA ANNEX 29 TO MINISTERIAL ORDER ANNEXE 29 D’ARRETE MINISTERIEL MINISITIRI No04/CAB.M/018 RYO KU WA No04/CAB.M/018 OF 24/07/2018 No04/CAB.M/018 DU 24/07/2018 24/07/2018 RISHYIRAHO AMABWIRIZA ESTABLISHING CIVIL AVIATION ETABLISSANT LES REGLEMENTS DE AJYANYE N’IBY’INDEGE ZA GISIVILI REGULATIONS L'AVIATION CIVILE

1016 Official Gazette no.Special of 27/07/2018 Civil Aviation (security) Regulations Part 29

Part 29 Aviation Security

Subpart A: General ...... 5 29.001 Citation & Applicability ...... 5 29.005 Definitions ...... 6 29.010 Abbreviations & Acronyms ...... 9 29.015 Functions of Authority in relation to Aviation Security ...... 9 29.020 Power to Access & Inspect Airport, Aircraft & Operator’s Premises ...... 10 29.025 Power of Authority to Issue Orders, Circulars & Directives ...... 10 29.030 Authorized Persons ...... 10 29.035 Airport Operators ...... 10 29.040 Aircraft Operators ...... 11 29.045 Air Navigation Service Providers ...... 12 29.050 Security Programme. International Cooperation ...... 12

Subpart B: Security Programmes ...... 12 29.055 National Civil Aviation Security Programme ...... 12 29.060 National Civil Aviation Security Quality Control Programme ...... 13 29.065 Regulated Agent Security Programme ...... 14 29.070 Catering Operator Security Programme ...... 15

Subpart C: Training Programmes ...... 15 29.075 National Aviation Security Training Programme ...... 15 29.080 Operator Aviation Security Training Programme ...... 15 29.085 Application ...... 16 29.090 Approval of Security Programme ...... 16 29.095 Changed Conditions Affecting Security ...... 16 29.100 Power of Authority to Direct Amendment of Security Programme ...... 17

Subpart D: Preventive Security Measures ...... 17 29.105 Airport Security Access Control to Security Restricted Areas ...... 17 29.110 Airport Security Controls ...... 17 29.115 Security Restricted Areas & Airport Security Permits ...... 19 29.120 Airport Boundary ...... 21 29.125 Carriage of Firearms, Explosives or Incendiary Materials in Airport Premises ...... 21 29.130 Control of Access by Tenants ...... 22 29.135 Operator & Screening Procedures ...... 22 29.140 Informing the Airport Operator of Threat Against Airport ...... 23 29.145 Airport Operator to Take Measures in Event of Threat ...... 23 29.150 Discovery of Weapons, Incendiary Devices or Explosives at Airport ...... 23 29.155 Airport Operator to Submit Plans before Renovation & Expansion Works ...... 23 29.160 Record Keeping by Operators ...... 23 29.165 Responsibilities of Aircraft Operators ...... 24

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29.170 Special Protection for Aircraft ...... 25 29.175 Control of Prohibited Items ...... 25 29.180 Control of Access to Flight Crew Compartment ...... 25 29.185 Control of Special Categories of Passengers...... 25 29.190 Authorised Carriage of Weapons on Board Aircraft ...... 26 29.195 Conditions for Acceptance of Goods for Air transportation ...... 26 29.200 Conditions for Acceptance of Baggage, Goods, COMAT & COMAIL for Air Transportation ...... 27 29.205 Security Measures to be Taken by Aircraft Operators ...... 27 29.210 Catering Operators Aviation Security Responsibilities of Catering Operator ...... 28 29.215 Conditions for Acceptance of Catering Stores & Supplies for Air Transportation ...... 29 29.220 Protection of Critical Information Technology & Communication Systems ...... 29

Subpart E: Management Of Response To Acts Of Unlawful Interference ...... 30 29.225 Prevention of Acts of Unlawful Interference ...... 30 29.230 Authority’s Response to Acts of Unlawful Interference ...... 30 29.235 Mandatory Reporting...... 30 29.240 Notification to the International Civil Aviation Organization ...... 31

Subpart F: Offences & Penalties ...... 31 29.245 Failure to Establish & Maintain Security Programmes ...... 31 29.250 Offences by Body Corporate ...... 31 29.255 Power to Enforce Compliance ...... 31

Subpart G: Infringement Notices ...... 32 29.260 Purpose & Effect of Infringement Notices ...... 32 29.265 Penalty Payable under Infringement Notice ...... 32 29.270 Authorised Persons may issue Infringement Notice ...... 32 29.275 Issuance of Infringement Notice ...... 32 29.280 Service of Infringement Notice ...... 33 29.285 Time for Payment of Penalty ...... 33 29.290 Extension of Time to pay Penalty ...... 33 29.295 Effect of Payment of Penalty ...... 34 29.300 Withdrawal of Infringement Notice ...... 34 29.305 Notice of Withdrawal of Infringement Notice ...... 34 29.310 Refund of Penalty ...... 34

Subpart H: Facilitation ...... 34 29.315 Aviation Security & Narcotics Control Measures & Procedures ...... 34 29.320 Travel Documents ...... 35 29.325 Security of Travel Documents ...... 35 29.330 Stolen, Lost, & Revoked Travel Documents...... 35 29.335 Machine Readable Travel Documents ...... 35 29.340 Biometric Data ...... 35 29.345 Inspection of Travel Documents ...... 35 29.350 Procedures & Responsibilities ...... 36 29.355 Advance Passenger Information ...... 36 29.360 Identification & Entry of Crew & Other Aircraft Operators’ Personnel ...... 36 29.365 Entry & Departure 0f Cargo & Other Articles ...... 36 29.370 Inadmissible Persons ...... 37

Page 29- 2 of 39 1018 Official Gazette no.Special of 27/07/2018 Civil Aviation (security) Regulations Part 29 29.375 Deportees ...... 37 29.380 Inadmissible Persons & Deportees ...... 37 29.385 Assistance to Aircraft Accident Victims & Their Families ...... 37 29.390 National Facilitation Programmes ...... 38

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SUBPART A: GENERAL

29.001 CITATION & APPLICABILITY (a) This Part may be cited as Civil Aviation (Security) Regulations. (b) These Regulations apply to— (1) all aerodromes in Rwanda (2) civil aviation operations; (3) persons at airports; (4) persons working in the aviation industry; (5) persons who occupy land or buildings forming part of an airport; and (6) Persons on land adjoining or adjacent to, or within the vicinity of airports or air navigation installations which do not form part of an airport. (c) Notwithstanding the generality of paragraph (a), these Regulations apply to— (1) operators or owners of airports; (2) operators or owners of aircraft registered in Rwanda or aircraft registered in another state and operating in Rwanda (3) managers of air navigation installations; (4) persons permitted to have access to security restricted areas at an airport; (5) persons who offers goods for transport by air; and (6) any person whose conduct amounts to an act of unlawful interference or endangers aviation safety. (d) Nothing in these Regulations applies to or affects— (1) a State aircraft; or (2) Military or police aviation operations in Rwanda. (e) The Provisions of this Part shall apply to— (1) operators of international airports in Rwanda; (2) designated domestic airport operators and any other aerodrome operator specified by the Appropriate Authority; (3) national aircraft operators; (4) foreign aircraft operators; (5) aerodrome tenants and/or operators of Tenant Restricted Areas at International airports or Designated Domestic airports; (6) any person in or within the vicinity of an international airport or designated domestic airport, or any other aerodrome specified by the Authority or any air navigation site or any land building installation or areas under the ownership management or control of the Authority; (7) any person who offers goods for transport by air; (8) air traffic service provider; (9) any person who provides a service to an air navigation service provider, aircraft operator and airport operator; and (10) any person on board an aircraft. (f) Those requirements addressing persons certificated under any Part of these Regulations apply also to any person who engages in an operation governed by any Part without the appropriate certificate, licence, operations specification, or similar document required as part of the certification. (g) Civil Aviation Technical Standards published by the Authority shall also be applicable to all organizations and individuals subject to this Part.

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29.005 DEFINITIONS (a) For the purpose of this Part, the following definitions shall apply— Act. Law number 42/2011 of 31/10/2011 relating to civil aviation security. Act of unlawful interference. An act or attempted act to jeopardise the safety of civil aviation and air transport, including but not limited to— (i) unlawful seizure of an aircraft in flight or on the ground; (ii) destroying an aircraft in service or causing damage to the aircraft which renders it incapable of flight or which is likely to endanger its safety in flight; (iii) hostage taking on board an aircraft or at an airport; (iv) forcible intrusion on board an aircraft at an airport or on the premises of an aeronautical facility; (v) introduction on board an aircraft or at an airport of a weapon or hazardous device or material intended for criminal purposes; (vi) use of an aircraft in service for the purpose of causing death, serious bodily injury, or serious damage to property or the environment, (vii) unauthorized possession, at an airport, or unauthorized introduction on board an aircraft, of a weapon or hazardous device or material ; 6 (viii) destroying or damaging air navigation facilities or interfering with their operation, if any such act is likely to endanger the safety of aircraft in flight; (ix) violence against a person on board an aircraft in flight if that act is likely to endanger the safety of that aircraft; (x) communicating information which is known to be false, thereby endangering the safety of an aircraft in flight or on the ground, of passengers, crew, ground personnel or the general public at an airport or on the premises of a civil aviation facility; (xi) unlawfully and intentionally using any device, substance or weapon— (A) to perform an act of violence against a person at an airport serving civil aviation which causes or is likely to cause serious injury or death; (B) to destroy or seriously damage the facilities of an airport serving civil aviation or an aircraft not in service located at the airport or disrupting the services of the airport, if that act endangers or is likely to endanger safety at that airport. Advance Passenger Information. Passport details, and in some instances contact information, which has to be provided to the authorities before a person travel. Aerial Work. Use of an aircraft in agriculture, construction, photography, surveying, observing, protection and patrol, aviation learning, aerial advertisement and fire extinguishing. Airport. A defined area on land or water, including any buildings, installations and equipment, intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft, and includes an aerodrome. Airport operator. An individual, organization or enterprise, however designated, for the time being responsible for the administration and operation of an airport. Airport security permit. A document issued under Section 29.115. Airside. The movement area of an airport, adjacent terrain and buildings or portions thereof, access to which is controlled. Air Navigation Service Provider. A relevant authority designated with a responsibility for provision of air traffic services in Rwanda airspace. Air Traffic Service Provider. See Air Navigation Service Provider Authorized economic operator. A party involved in the international movement of goods in whatever function that has been approved by or on behalf of a national customs administration as complying with World Customs Organisation or equivalent supply chain security standards and may include manufacturers, importers, exporters, brokers, carriers, consolidators, intermediaries, ports, airports, terminal operators, integrated operators, warehouses, distributors and freight forwarders.

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Authorized person. A person designated by the Authority under regulation 8 to be an authorized person for the purposes of these Regulations. Authorized search. A search carried out by a screening officer during the screening of persons and goods, other things in the possession or control of persons who are screened and vehicles under the care or control of persons who are screened. Authority. The Civil Aviation Authority established by law number 7 53/2011 of 14/12/2011. Aviation security officer. A person employed by an operator as defined in this regulation to carry out security controls. Background check. A check of a person’s identity and previous experience, including, where legally permissible, any criminal history as part of the assessment of an individual’s suitability to implement a security control or for unescorted access to a security restricted area. Behavior detection. Within an aviation security environment, the application of techniques involving the recognition of behavioural characteristics, including but not limited to physiological or gestural signs indicative of anomalous behavior, to identify persons who may pose a threat to civil aviation. Cargo. Any property carried on an aircraft other than mail, stores and accompanied or mishandled baggage. Catering stores. All items, other than catering supplies, associated with passenger in-flight services, including newspapers, magazines, headphones, audio and video tapes, pillows, blankets and amenity kits. Catering supplies. All food, beverages, other dry stores and associated equipment used in air transport. Certification. A formal evaluation and confirmation by or on behalf of the Authority that a person possesses the necessary competencies to perform assigned functions to an acceptable level as defined by the Authority. Civil aviation. Operations of aircraft in— (i) commercial air transport operations; (ii) general aviation operations; and (iii) aerial work. COMAIL. An abbreviation of commercial air transport operator company mail, shipped within its network of stations. COMAT. An abbreviation of commercial air transport operator company materials, shipped within its network of stations. Commercial air transport operations. Aircraft operations involving the transport of passengers, cargo or mail for remuneration or hire. Disruptive passenger. A passenger who fails to comply with the rules of conduct at an airport or on board an aircraft or to follow the instructions of the airport staff or aircraft crew members and thereby disturbs the good order and discipline at an airport or on board an aircraft. Facilitation. The efficient management of the necessary control process, with the objective of expediting the clearance of persons or goods and preventing unnecessary operational delays. General aviation operation. An aircraft operation other than a commercial air transport operation or an aerial work operation. Goods. Includes cargo and mail. Ground Handling Service Provider. A provider of services provided to airport users at the airport that include baggage handling , freight and mail handling as regards the physical handling of freight and mail, whether incoming , outgoing or being transferred between the air terminal and the aircraft, fuel and oil handling and ramp handling of high-risk cargo or mail. cargo or mail presented by an unknown entity or showing signs of tampering if in addition, it meets one of the following criteria— (i) specific intelligence indicates that the cargo or mail poses a threat to civil aviation; or (ii) the cargo or mail shows anomalies that give rise to suspicion; or

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(iii) the nature of the cargo or mail is such that baseline security measures alone are unlikely to detect prohibited items that could endanger the aircraft. (iv) regardless of whether the cargo or mail comes from a known or unknown entity, a State’s specific intelligence about a consignment may render it as high risk. High-risk cargo or mail. Cargo or mail presented by an unknown entity or showing signs of tampering if in addition, it meets one of the following criteria— (i) where specific intelligence indicates that the cargo or mail poses a threat to civil aviation; or (ii) where the cargo or mail shows anomalies that give rise to suspicion; or (iii) where the nature of the cargo or mail is such that baseline security measures alone are unlikely to detect prohibited items that could endanger the aircraft. Note Regardless of whether the cargo or mail comes from a known or unknown entity, a State’s specific intelligence about a consignment may render it as high risk; Human performance. Human capabilities and limitations which have an impact on the safety, security and efficiency of aeronautical operations. In-flight security officer. A person who is authorized by the government of the State of the Operator and the government of the State of Registration to be deployed on an aircraft with the purpose of protecting that aircraft and its occupants against acts of unlawful interference. This excludes persons employed to provide exclusive personal protection for one or more specific people travelling on the aircraft, such as personal bodyguards. Known consignor. A consignor who originates cargo or mail for its own account and whose procedures meet common security rules and standards sufficient to allow the carriage of cargo or mail on any aircraft. Known stores. Catering supplies and stores delivered to an aircraft operator and that have been subjected to appropriate security controls. Landside. An area of an airport and buildings on it to which the nontraveling public has free access. Mail. Dispatches of correspondence and other items tendered by and intended for delivery to postal services in accordance with the rules of the Universal Postal Union (UPU). Minister. The minister responsible for civil aviation. Necessary precautions. Verifications carried out by adequately trained staff members of the aircraft operator or the company operating on behalf of the aircraft operator, at the point of embarkation, in order to ensure that every person holds a valid travel document and, where applicable, the visa or residence permit required to enter the receiving State. These verifications are designed to ensure that any obvious irregularity including document alteration is detected. Operator. An airport operator, an aircraft operator, a regulated agent and a catering operator. Prohibited item. An item prescribed in Section 29.165 and which can be used to commit an act of unlawful interference. Regulated agent. An agent, freight forwarder or other entity who conducts business with an operator and provides security controls that are accepted or required by the Authority. Sabotage. An act or omission, intended to cause malicious or wanton destruction of property, endangering or resulting in unlawful interference with civil aviation and its facilities. Screening. The application of technical or other means which are intended to identify or detect weapons, explosives or other dangerous devices, articles or substances which may be used to commit an act of unlawful interference. Security. Safeguarding civil aviation against acts of unlawful interference through a combination of measures and human and material resources. Security audit. An in-depth compliance examination of all aspects of the implementation of the National Civil Aviation Security Programme.

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Security control. A means by which the introduction of weapons, explosives or other dangerous devices, articles or substances which may be used to commit an act of unlawful interference can be prevented. Security inspection. An examination of the implementation of relevant National Civil Aviation Security Programme requirements by an airline, airport, or other entity involved in security. Security restricted area. Airside areas of an airport which are identified as priority risk areas where, in addition to access control, other security controls are applied and includes, inter alia, all passenger departure areas between the screening checkpoint and the aircraft, the ramp, baggage make-up areas, including those where aircraft are being brought into service and screened baggage and cargo are present, cargo sheds, mail centres, airside catering and aircraft cleaning premises. Security survey. An evaluation of security needs, including the identification of vulnerabilities which could be exploited to carry out an act of unlawful interference and the recommendation of corrective actions. Security test. A covert or overt trial of an aviation security measure which simulates an attempt to commit an unlawful act. Single window. A facility that allows parties involved in trade and transport to lodge standardized information and documents with a single entry point to fulfil all import, export, and transit-related regulatory requirements and where information is electronic then individual data elements should only be submitted once. Supply chain assets. cargo and mail, facilities, equipment, information and personnel. Technical instructions. the ICAO Technical Instructions for the Safe Transportation of Dangerous Goods by Air, Doc.9284. Transfer. Cargo and mail. cargo and mail departing on an aircraft other than that on which it arrived. Travel document. A passport or other official document of identity issued by a State or organization, which may be used by the rightful holder for international travel. Unidentified baggage. baggage at an airport, with or without a baggage tag which is not picked by or identified with a passenger, and includes unattended baggage, unknown stores. supplies and stores that have not have been subjected to appropriate security controls. Unknown stores. Supplies and stores that have not have been subjected to appropriate security controls. Unpredictability. the implementation of security controls in order to increase their deterrent effect and their efficiency, by applying them at irregular frequencies, different locations and/or with varying means, in accordance with a defined framework.

29.010 ABBREVIATIONS & ACRONYMS (a) The following acronyms and abbreviations are used in this Part— ANSP = Air Navigation Service providers APIS = Advance Passenger Information System CMC = Crew Member Certificate COMAIL = Company Mail COMAT = Company Materials Doc = ICAO Technical Document ICAO = International Civil Aviation Organization MANPADS = Man-Portable Air Defense Systems NCASP= National Civil Aviation Security Programme

29.015 FUNCTIONS OF AUTHORITY IN RELATION TO AVIATION SECURITY (a) The Authority shall have responsibilities as provided for in Article 3 of the law relating to Civil Aviation Security. (b) The Authority shall in respect of other States—

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(1) cooperate in the development and exchange of information on National Civil Aviation Security Programmes in accordance with the laws of the Rwanda (2) subject to paragraph (a), the Authority may consider requests by States to share or exchange information on the development of security programmes. (c) The Authority shall— (1) share threat information that applies to the aviation security interests in accordance with the laws of Rwanda; (2) subject to paragraph (a), the Authority may consider and share threat information of aviation interests with other states as deemed necessary for the purpose of protecting civil aviation against acts of unlawful interference”. (d) The Authority shall where deemed necessary consider entering into collaborative arrangements in order to increase the sustainability of the aviation security system by avoiding unnecessary duplication of security controls. The arrangement should be based on verification of equivalence of the security outcome ensured by the application of effective security controls of origin. (e) the authority shall make the final determination for the incorporation of security considerations into the design and construction of new facilities and alterations to existing facilities at airports serving civil aviation

(f) The Authority shall where practicable, utilize intelligence/information pertaining to the level and nature of threat to civil aviation operations as part of a regular security risk assessment for civil aviation with a view to adjusting relevant elements of the security measures established in the National Civil Aviation Security programme

29.020 POWER TO ACCESS & INSPECT AIRPORT, AIRCRAFT & OPERATOR’S PREMISES (a) The Authority shall have free and unobstructed access at all times to an airport, an aircraft operating from or within Rwanda, and the premises of an operator within Rwanda, for the purpose of inspecting security operations or to carry out security inspections and surveys, safety and security audits and testing function.

29.025 POWER OF AUTHORITY TO ISSUE ORDERS, CIRCULARS & DIRECTIVES (a) The Authority may make and issue orders, circulars and directives prescribing any aviation security matter which, under these Regulations, is to be prescribed, and generally for the better carrying out or enhancing of the objects and purposes of these Regulations.

29.030 AUTHORIZED PERSONS (a) The Authority may, in writing, designate qualified persons, whether by name or by title of office, to be authorized persons for the purposes of these Regulations and shall state the functions and limits of operation of the authorized persons.

29.035 AIRPORT OPERATORS (a) An operator of an airport serving civil aviation shall be responsible for coordinating the implementation of security controls. (b) Pursuant Aviation Security law, the primary objective of the Airport Security programme shall be to ensure the safety of passengers, crew, ground personnel and the general public in all matters related to safeguarding against acts of unlawful interference with civil aviation at the Airport. (c) The Airport Security Programme shall be prepared in the following manner— (1) a comprehensive written programme shall first be prepared, stating in clear, concise language what duties and responsibilities, measures and procedures are to be undertaken and by whom, for each type of security situation. Operational lines of succession shall be listed and notations made concerning aid agreements and off-airport sources of assistance. The action required of each task group shall be described under appropriate headings; and

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(2) specific component parts of the programme shall be studied by supervisors whose personnel are required to take action in each security situation. These supervisors shall be required to produce standard operating procedures (SOPs) or instructions. (d) The Airport Security Programme shall provide for the incorporation of security features in the design of new airport facilities, particularly for those areas which on completion are likely to be vital to the continuity of operations. (e) The Airport Security Programme shall contain information on the security equipment and its deployment and shall also make reference to calibration and testing procedures, which may be contained in standard operating procedures (SOPs). (f) The Airport Security Programme shall also include or make reference to contingency plans of action/ emergency plans designed to deal with any situation likely to jeopardize air transport security at the airport. (g) Once the draft Airport Security Programme is completed, it shall be reviewed and endorsed by the Airport Security Committee, established by the Prime Minister’s Order Nº122/03 of 30/04/2013, and then submitted for formal approval by the Authority. (h) The approved Airport Security Programme shall be published and issued as a controlled document, with individual copy numbers and a register of authorized copy holders who shall sign to acknowledge receipt of the document. (i) The Airport Security Programme copy holders shall be reminded of the document’s security classification and the restrictions that are imposed. All amendments to the Airport Security Programme shall be approved by the Authority. (j) The operator of an airport serving civil aviation shall ensure that airport design requirements, including architectural and infrastructure-related requirements necessary for the implementation of the security measures in the national civil aviation security programme, are integrated into the design and construction of new facilities and alterations to existing facilities at airports. (k) Facilities that require specific protection shall be identified as vulnerable points well in advance of an emergency, and the nature and extent of the protection shall be defined. (l) The protection referred to in paragraph (l) shall fall into two categories: (1) physical security measures and routine preventive security procedures; and (2) contingency measures for a heightened threat or an emergency. (m) Security measures and procedures shall be deployed in a manner to ensure that the most effective use is made of the available resources. Sources of additional staff and equipment resources available to assist in periods of higher than normal threat shall be identified and plans developed to access those resources when necessary. (n) In accordance with the risk assessment carried out by relevant national or local authorities, ensure that appropriate measures on the ground or operational procedures are established to mitigate possible attacks against aircraft using Man-Portable Air Defense Systems (MANPADS) and other weapons representing a similar threat to aircraft at or near an airport.

29.040 AIRCRAFT OPERATORS (a) The requirement for Aircraft Operator Security Programme referred to in the law relating to aviation Security shall apply to— (1) all commercial air transport operators providing service from Rwanda; (2) each entity conducting general aviation operations, including corporate aviation operations, using aircraft with a maximum take-off mass greater than 5 700 kg; and (3) each entity conducting aerial work operations. (b) The Aircraft Operator Security Programme shall contain operations features specific to the type of operations conducted.

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(c) All operators providing service from Rwanda and participating in codesharing or other collaborative arrangements with other operators shall notify the Authority of the nature of these arrangements, including the identity of the other operators. (d) The Aircraft Operator Security Programme shall be in accordance with the requirements prescribed in the National Civil Aviation Security Programme. (e) All amendments to the Aircraft Operator Security Programme shall be approved by the Authority.

29.045 AIR NAVIGATION SERVICE PROVIDERS SECURITY PROGRAMME. Air Navigation Service providers (ANSP) shall develop written security procedures on the security of their facilities and for response to acts of unlawful interference in accordance with the National Civil Aviation Security Programme

29.050 INTERNATIONAL COOPERATION (a) The Authority shall: (1) ensure that requests from authorities of other Contracting States for additional security measures in respect of a specific flight(s) by operators of such other States are met, as far as may be practicable. (2) cooperate with authorities other States in the development and exchange of information concerning National Civil Aviation Security Programmes, Training Programmes and Quality Control Programmes, as necessary. (3) establish and implement procedures to share with authorities of other Contracting States threat information that applies to the aviation security interests of those States, to the extent practicable. (4) establish and implement suitable protection and handling procedures for security information shared by authorities of other Contracting States, or security information that affects the security interests of other Contracting States, in order to ensure that inappropriate use or disclosure of such information is avoided. (5) make available to other Contracting States on request a written version of the appropriate parts of national civil aviation security programme. (6) (Consider entering into collaborative arrangements with authorities of other Contracting States in order to increase the sustainability of the aviation security system by avoiding unnecessary duplication of security controls. (b) The authority shall ensure that a clause related to aviation security is include in each bilateral agreements on air transport, taking into account the security clause developed by International Civil Aviation Organization.

SUBPART B: SECURITY PROGRAMMES

29.055 NATIONAL CIVIL AVIATION SECURITY PROGRAMME (a) Article 8 of the law relating to civil aviation Security establishes the National Civil Aviation Security Programme. (b) The National Civil Aviation Security Programme shall include the following matters— (1) Programme objective (2) Legislation (3) allocation of responsibilities (4) coordination and communications (5) protection of airports, aircraft and air navigation facilities (6) Security control of persons and items being placed on board (7) security equipment ( (8) Personnel (9) management of response to acts of unlawful interference (10) quality control

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(c) The National Civil Aviation Security Programme shall be reviewed and updated as the need may arise and at least once in each year.

29.060 NATIONAL CIVIL AVIATION SECURITY QUALITY CONTROL PROGRAMME (a) With reference to the law relating to civil Aviation Security, a National Civil Aviation Security Programme shall be developed for purposes of— (1) determining and monitoring compliance with and validating the effectiveness of the National Civil Aviation Security Programme; (2) determining the adequacy and effectiveness of the National Aviation Security Programme through audits, tests, surveys, inspections and exercises; (3) ensuring that all persons who are assigned aviation security duties or responsibilities are verifiably trained and instructed to carry out those duties (4) ensuring that persons implementing security controls possess all competencies required to perform their duties and are appropriately trained and certified; (5) ensuring that each entity responsible for the implementation of relevant elements of the National Civil Aviation Security Programme periodically verifies that the implementation of security measures outsourced to external service providers is in compliance with the entity’s security programme; (6) ensuring that acts of unlawful interference are investigated; and (7) reviewing and re-evaluating security measures and controls immediately following an act of unlawful interference. (b) The National Civil Aviation Security Quality Control Programme shall contain appropriate methods, means and procedures for— (1) ensuring that the personnel carrying out security audits, tests, surveys and inspections are trained to appropriate standards for these tasks in accordance with the National Civil Aviation Security Programme; (2) ensuring that the personnel carrying out security audits, tests, surveys and inspections are afforded the necessary authority to obtain information to carry out those tasks, and to enforce corrective actions; (3) supplementing the National Civil Aviation Security Quality Control Programme by establishing a confidential reporting system for analyzing security information provided by sources including passengers, crew and ground personnel; and (4) establishing a process to record and analyse the results of the National Civil Aviation Security Quality Control Programme, to contribute to the effective development and implementation of the National Civil Aviation Security Programme, including identifying the causes and patterns of non-compliance and verifying that corrective actions have been implemented and sustained. (c) The National Civil Aviation Security Quality Control Programme shall— (1) provide for structures, responsibilities, processes and procedures that promote and establish an environment and culture of continuing improvement and enhancement of aviation security; and the means for ensuring that persons tasked with carrying out security duties do so effectively; and (2) provide all persons assigned aviation security duties or responsibilities with direction for the effective application of aviation security controls, to prevent acts of unlawful interference.

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(d) The Authority shall ensure that the management, setting of priorities and organization of the National Civil Aviation Security Quality Control Programme is undertaken independently from the entities and persons responsible for the implementation of the measures taken under the National Civil Aviation Security Programme.

29.065 REGULATED AGENT SECURITY PROGRAMME (a) With reference to the law relating to civil Aviation Security, a Regulated Agent Security Programme shall contain— (1) provisions to meet the requirements of the National Civil Aviation Security Programme and these Regulations; and (2) provisions to respond to orders, circulars and directives issued by the Authority under Section 29.025; (3) details of how the regulated agent plans to meet and maintain the requirements set out in the Regulated Agent Security Programme; (4) procedures for— (i) ensuring that where screening of cargo and mail is conducted, screening is carried out using an appropriate method or methods, taking into account the nature of the consignment; (ii) ensuring the security of buildings, premises, transport facilities and access control; (iii) recruitment and training of staff involved in the implementation of security controls; (iv) physical separation of screened from unscreened cargo; (v) action to be taken in the event cargo and mail the integrity of cargo and mail is jeopardized, prior to carriage. (vi) measures for the protection of cargo and mail from unauthorized interference, from the point screening or other security controls are applied, until departure of the aircraft (vii) incident reporting; (5) any other matter prescribed by the Authority. (b) Approval of Regulated Agent Security Programme shall be based on the supply chain security process, which comprises management of applicable cargo and mail policies, procedures, and technology, as stipulated in the NCASP to protect supply chain assets from acts of unlawful interference, theft, damage, or terrorism, and to prevent the introduction of unauthorized contraband, people or weapons of mass destruction into the supply chain. (c) The regulated agent shall ensure that cargo and mail that have been confirmed and accounted for have then been issued with a security status, either in an electronic format or in writing, to accompany the cargo and mail throughout the secure supply chain. (d) Without prejudice to Article 13 of the law relating to civil Aviation Security and Section 29.65(c), the authority shall have rights to disqualify, suspend and revoke the regulated agent designation in the following events— (1) Disqualification – hall result from an inability to meet the requirements for a regulated agent at the application phase, and failure to maintain or implement security measures or procedures required by the authority after administrative warnings or fines have been imposed; (2) Suspension – shall result from a short-term inability to implement security controls required by the authority, or a voluntary request by an entity to suspend its designation for a specified period or permanently; (3) Revocation – shall result from continuous violations of national requirements or the entity’s approved regulated agent Security Programme, or the entity may no longer be involved in the handling, processing or storage of air cargo. (e) The Regulated Agent Security Programme shall be reviewed and updated as the need may arise and at least once a year.

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29.070 In-flight CATERING OPERATOR SECURITY PROGRAMME (a) 1Pursuant to Article 14 of the law relating to civil Aviation Security, a Catering Operator Security Programme shall contain— (1) provisions to meet the requirements of the National Civil Aviation Security Programme and these Regulations; (2) details of how the catering operator intends to comply with, and maintain the requirements set out in the Catering Operator Security programme; (3) procedures for— (i) ensuring that catering, stores and supplies intended for carriage on passenger aircraft are subjected to appropriate security controls and thereafter protected until loaded onto the aircraft; (ii) ensuring the security of buildings, premises and transport facilities; (iii) recruitment and training of staff involved in the implementation of security controls; (iv) reporting of incidents; (4) any other matter prescribed by the Authority. (b) An in-flight Catering Operator Security programme shall be set out in the manner prescribed in the National Civil Aviation Security Programme. (c) The Catering Operator Security Programme shall be reviewed and updated as the need may arise and at least once a year.

SUBPART C: TRAINING PROGRAMMES

29.075 NATIONAL AVIATION SECURITY TRAINING PROGRAMME (a) With reference to Article 16 of the law relating to civil Aviation Security, The Authority shall develop a National Aviation Security Training Programme for personnel of all entities involved with or responsible for the implementation of various aspects of the National Civil Aviation Security Programme including periodic security awareness training for those authorized to have unescorted access to airside. (b) The Authority shall co-ordinate the implementation of the National Aviation Security Training Programme developed under paragraph (a). (c) The Authority shall notify the entities concerned of the training requirements identified in the National Aviation Security Training Programme for their implementation. (d) The Authority shall ensure the development and implementation of certification programmes for screeners and instructors in accordance with the National Civil Aviation Security Programme (e) Person shall not operate a training center whose purpose is to provide civil aviation security training in accordance with these regulations and the National Civil Aviation Security Training Programme without an Approved Training Organization certificate issued by the Authority.

29.080 OPERATOR AVIATION SECURITY TRAINING PROGRAMME (a) Every operator shall develop and implement an Aviation Security Training Programme to ensure the effective implementation of their respective security operations; and the training programme shall conform with the requirements of the National Aviation Security Training Programme and these Regulations. (b) A training programme referred to in paragraph (a) shall include— (1) Training of appropriate employees, taking into account human factors principles and human performance; and (2) training to acquaint appropriate employees with preventive measures and techniques in relation to passengers, baggage, cargo, mail, equipment, stores and supplies intended for carriage on an aircraft

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to enable them to contribute to the prevention of acts of sabotage, unlawful seizure of aircraft or other forms of unlawful interference and to minimize the consequences of such events should they occur. (3) A training programme referred to in paragraph (a) shall be submitted to the Authority for approval in accordance with the procedure prescribed in Sections 29.085 and 29.090.

29.085 APPLICATION (a) Where a Security Programme is required to be approved by the Authority for approval of security programme under Sections 29.035, 29.040, 29.055, 29.060, 29.065, 29.070, 29.075 and 29.080 of these Regulations, the applicant shall— (1) submit the Programme to the Authority, ensuring that it meets the requirements of the National Aviation Security Programme, these Regulations and any other relevant law; and (2) pay the fee prescribed by the Authority. (3) a Security Programme submitted to the Authority for approval under this regulation shall be in duplicate and signed by the applicant or on behalf of the applicant.

29.090 APPROVAL OF SECURITY PROGRAMME (a) Where the Authority is satisfied that a Security Programme submitted under Section 29.085, meets the requirements of these Regulations, the National Civil Aviation Security Programme and any other relevant law, the Authority shall, within thirty days after receipt of the Programme, approve the security programme. (b) Where the Authority determines that a Security Programme submitted under Section 29.085 does not meet the requirements of these Regulations, the National Civil Aviation Security Programme or relevant law, the Authority shall, within thirty days after receipt of the Programme, direct the applicant to modify and resubmit the Security Programme to the Authority within thirty days after receipt of the Programme by the applicant. (c) Where the Authority is satisfied that a Security Programme re-submitted under paragraph (b) meets the requirements of these Regulations, the National Civil Aviation Security Programme and any other relevant law, the Authority shall, within fifteen days, after receipt of the Programme, approve the security programme.

29.095 CHANGED CONDITIONS AFFECTING SECURITY (a) Where a Security Programme has been approved under Section 29.090, the operator, where applicable, shall comply with the procedure prescribed by paragraph (b), whenever the operator determines that— (1) any description of the area set out in the Security Programme is no longer accurate; (2) Any description of the operations set out in the Security Programme is no longer accurate, or that the procedures included, and the facilities and equipment described in the Security Programme are no longer adequate. (b) Whenever a situation described in paragraph (a) occurs, the operator, where applicable shall (1) immediately notify the Authority of the changed conditions, and identify each interim measure being taken to maintain adequate security until approval is granted for an appropriate amendment of the security programme; and (2) within thirty days after notifying the Authority in accordance with paragraph (a), submit for approval, in accordance with the procedure prescribed by Section 29.085, an amendment to the Security Programme to bring it into compliance with these Regulations. (c) The Authority shall, where an amendment to a security programme is submitted to it under paragraph (b)(2), approve the amendment in accordance with the procedure prescribed by Section 29.090.

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29.100 POWER OF AUTHORITY TO DIRECT AMENDMENT OF SECURITY PROGRAMME (a) Where the Authority determines that an operator’s security programme requires amendment, the Authority may direct the respective operator to amend the security programme and submit it to the Authority for approval. (b) The Authority shall, where an amended security programme is submitted to it under paragraph (a), approve the security programme in accordance with the procedure prescribed by Section 29.090.

SUBPART D: PREVENTIVE SECURITY MEASURES

29.105 AIRPORT SECURITY ACCESS CONTROL TO SECURITY RESTRICTED AREAS (a) An airport operator shall ensure that identification systems are established in respect of persons and vehicles in order to prevent unauthorized access to airside areas and security restricted areas. (b) Background checks shall be conducted on persons other than passengers granted unescorted access to security restricted areas of the airport prior to granting access to security restricted areas. (c) Background checks referred to in paragraph (b) shall be reapplied on a regular basis to all persons granted unescorted access to security restricted areas. (d) Identity of persons and vehicles shall be verified at designated checkpoints before access is allowed to airside areas and security restricted areas. (e) An airport operator shall ensure that the movement of persons and vehicles to and from the aircraft is supervised in security restricted areas in order to prevent unauthorized access to aircraft. (f) An airport operator shall ensure that persons other than passengers, together with items carried, prior to entry into airport security restricted areas serving civil aviation operations, are subject to screening and security controls. (g) An airport operator shall ensure that vehicles being granted access to security restricted areas, together with items contained within them, are subject to screening or other appropriate security controls in accordance with a risk assessment carried out by the relevant national authorities. (h) An airport operator shall use of random and unpredictable security measures to contribute to the deterrent effect of security measures. (i) An airport operator shall ensure that various components of the practical implementation of aviation security measures, including equipment, personnel and procedures are tested regularly in order to monitor the effectiveness of the security measures in place. (j) An airport operator shall carry out periodic inspections and audits of aviation security measures to determine that the terms and provisions of approved security programmes are being correctly applied. (k) An airport operator shall ensure that exercises, designed to test aviation security measures shall be developed and carried out to determine the effectiveness of procedures and contingency plans and for the management of response to acts of unlawful interference. (l) The Authority shall ensure that identity documents issued to aircraft crew members provide a harmonized and reliable international basis for recognition and validation of documentation to permit authorized access to airside and security restricted areas by conforming to the prescribed specifications. (m) integrate behavior detection into its aviation security practices and procedures

29.110 AIRPORT SECURITY CONTROLS (a) An airport operator shall maintain and carry out security measures and procedures including identification and resolution of suspicious activity that may pose a threat to civil aviation at the airport for the purpose of

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protecting passengers, crew members, aircraft, airports and aviation facilities and preventing acts of unlawful interference and ensuring that appropriate action is taken when an act of unlawful interference occurs or is likely to occur. (b) Every operator of an airport serving civil aviation shall be responsible for the security of facilities and employment of security equipment, where appropriate, to the extent operationally, technically and financially practicable, to achieve civil aviation security objectives and shall— (1) institute and maintain measures including the use of random and unpredictable security measures to prevent weapons, explosives or any other dangerous device which may be used to commit an act of unlawful interference, the carriage or bearing of which is not authorized, from being introduced, by any means, on board an aircraft engaged in civil aviation; (2) ensure that— (i) access to airside areas at the airport is controlled in order to prevent unauthorized entry; (ii) security restricted areas are established at the airport, in accordance with Section 29.115; (iii) architectural and infrastructure related requirements necessary for the optimum implementation of security measures under the National Civil Aviation Security Programme are integrated into the design and construction of new facilities and alterations to existing facilities at airports; (iv) landside areas are identified and security measures are established to mitigate the risk of and prevent possible acts of unlawful interference in accordance with national and local risk assessments carried out by the relevant authorities; (v) persons engaged to implement security controls are subject to background check. However, security personnel drawn from Rwanda National Police and Rwanda Defense Forces shall be exempted from such background checks. (vi) s and selection procedures, are capable of fulfilling their duties and are adequately trained; (vii) originating passengers and crew, and their baggage are screened before accessing restricted areas and before boarding an aircraft engaged in commercial air transport operations; (viii) originating hold baggage is screened before being loaded into an aircraft engaged in commercial air transport operations; (ix) all hold baggage to be carried on aircraft engaged in commercial air transport is protected from unauthorized interference from the point it is screened or accepted into the care of the carrier, whichever is earlier, until departure of the aircraft on which it is to be carried; and that where the integrity of hold baggage is jeopardized, the hold baggage is re-screened before being placed on board an aircraft; (x) commercial air transport operators do not transport the baggage of passengers who are not on board the aircraft unless that baggage is identified as unaccompanied and subjected to additional screening subsequent to it being established as unidentified; (xi) transfer hold baggage is screened before being loaded into an aircraft engaged in commercial air transport operations, unless the airport operator has established a validation process and continuously implements procedures, in collaboration with the other Contracting State where appropriate, to ensure that such hold baggage has been screened at the point of origin and subsequently protected from unauthorized interference from the originating airport to the departing aircraft at the transfer airport; (xii) commercial air transport operators only transport items of hold baggage which have been individually identified as accompanied or unaccompanied, screened to the appropriate standard and accepted for carriage on that flight by the air carrier and that all such baggage is recorded as meeting these criteria and is authorized for carriage on that flight; (xiii) transfer and transit passengers and their cabin baggage are subjected to adequate security controls to prevent unauthorized articles from being taken on board aircraft engaged in civil aviation; (xiv) there is no possibility of mixing or contact between passengers subjected to security control

Page 29- 18 of 39 1034 Official Gazette no.Special of 27/07/2018 Civil Aviation (security) Regulations Part 29 and other persons not subjected to such control after the security screening points at airports serving civil aviation have been passed; and that where mixing or contact does take place, the passengers concerned and their cabin baggage are re-screened before boarding an aircraft; (xv) the persons carrying out security controls are certified according to the requirements of the National Civil Aviation Security Programme; (xvi) luggage or personal belongings left unattended at an airport are subjected to appropriate security controls and disposal procedures; (xvii) persons other than passengers, together with their items being granted access to security restricted areas shall be screened or subjected to other security controls, including but not limited to proportional screening, randomness and unpredictability in accordance with a risk assessment carried out by relevant national authorities (xviii) vehicles being granted access to security restricted areas, together with items contained within them, shall be screened or subjected to other appropriate security controls in accordance with a risk assessment carried out by the relevant national authorities (xix) measures are established to ensure that merchandise and supplies introduced into security restricted areas are subjected to appropriate security controls, including screening where applicable (xx) Where practicable, in order to improve efficiency, modern screening or examination techniques shall be used to facilitate the physical examination of goods to be imported or exported. (3) establish— (i) storage areas where mishandled baggage may be held after screening until forwarded, claimed or disposed of; (ii) bomb disposal areas where detected explosives may be disposed of; (iii) person and vehicle identification systems; (4) institute and implement adequate security controls, including background checks on persons other than passengers granted unescorted access to security restricted areas of the airport; (5) provide adequate supervision over the movement of persons and vehicles to and from the aircraft in order to prevent unauthorized access to aircraft; (6) investigate, render safe and dispose of, if necessary, suspected sabotage devices or other potential hazards at the airport; (7) employ and deploy suitably trained personnel to assist in dealing with suspected or actual cases of unlawful interference with civil aviation; (8) conduct a full scale contingency exercise that incorporates security scenarios at least once in every three years; (9) conduct a table top contingency exercise at least once a year.

29.115 SECURITY RESTRICTED AREAS & AIRPORT SECURITY PERMITS (a) The Authority, in conjunction with the airport operator and other responsible persons concerned, shall identify areas where, based on a security risk assessment carried out by the Authority, operations vital to the continued safe operation of civil aviation in Rwanda are carried out, and designate those areas as security restricted areas. (b) A security restricted area shall— (1) be marked and protected through physical or personnel protective measures or through a combination of physical and personnel protective measures to prevent unauthorized access to it; (2) be separated from public or non-security restricted areas by an appropriate physical barrier; and (3) be inspected at regular intervals.

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(c) Authorized access to a security restricted area at every airport and designated off airport facilities serving commercial air transport operations shall be controlled through the issuance of airport security permits. (d) A person issued with an airport security permit under this regulation shall use it while on duty and properly display it at all times as prescribed in the relevant Airport Security Programme. (e) The Airport Operator shall specify the recognized places of entry through the security restricted area barrier and ensure that the area has adequate physical protection, of at least the same quality as the barrier itself, or is enough to prevent unauthorized access. (f) An airport operator shall keep, at the airport, a current scale map of the airport identifying security restricted areas, security barriers and security restricted area access points. (g) An airport operator or a person in charge of any other restricted area mentioned in Section 25.115(c) shall not issue a restricted area permit to a person unless the person: (1) applies in writing; (2) is sponsored in writing by his/her employer; (3) fulfills other requirements by the Airport Operator (h) An airport operator or a person in charge of any other restricted area mentioned in Section 25.115(c) shall ensure that the following information is displayed on each restricted area identity card that it issues, in addition to any other requirements deemed necessary for the security of the restricted areas: (1) the full name of the person to whom the card is issued; (2) the height of the person to whom the card is issued; (3) a photograph depicting a frontal view of the face of the person to whom the card is issued; (4) the expiry date of the card; (5) the name of the airport where the card is issued; (6) the name of the employer of the person to whom the card is issued if that person has a single employer; (7) the terms "multi-employer" if the person to whom the card is issued has more than one employer; (8) the occupation of the person to whom the card is issued if that person has a single occupation; and (9) the terms "multi-occupation" if the person to whom the card is issued has more than one occupation. (i) n employer shall not— (1) sponsor an employee who does not require ongoing access to restricted areas in the course of their employment; or (2) knowingly sponsor an employee for more than one restricted area identity card at a time. (j) The employer of a person to whom a restricted area identity card has been issued shall immediately notify the airport operator or a person in charge of any other restricted area mentioned in Section 25.115(c) that issued the card if the person ceases to be an employee or no longer requires ongoing access to restricted areas in the course of his or her employment. (k) An airport operator or a person in charge of any other restricted area mentioned in Section 25.115(c) shall not issue more than one restricted area identity card at a time to a person. (l) person shall not enter or remain in a restricted area unless the restricted area pass issued to the person is visibly displayed on the person's outer clothing. (m)A person shall not enter or remain in a restricted area with a vehicle unless the said vehicle has a permit which shall— (1) be permanently displayed in a prominent and visible position on the vehicle; and (2) contain, in addition to any other requirements deemed necessary for the security of the restricted areas: (i) the registration number of the vehicle;

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(ii) the owner/operator logo of the vehicle; (iii) the validity period; (iv) the security restricted areas for which the permit is valid; (v) the access gates which the vehicle is allowed to use; and (vi) the name of the organization to which the vehicle belongs. (n) An airport operator and the person in charge of any other restricted area referred to in Section 29.115(c) shall ensure that drivers of vehicles issued with restricted area vehicle permits are qualified to drive the appropriate class of vehicle and have been given instruction in all safety requirements for the operation of a vehicle airside (o) The holder of a restricted area pass who refuses to submit to an authorized search of their person or goods or other things in their possession or control or a vehicle under their care or control when requested to do so by a screening officer shall, on demand, surrender the restricted area pass to the screening officer making the demand. (p) Designated authorities responsible for controlling access to security restricted areas shall— (1) specify the recognized places of entry through the security restricted area barrier and ensure that the area has adequate physical protection, of at least the same quality as the barrier itself, or is enough to prevent unauthorised access; and (2) integrate behaviour detection into its aviation security practices and procedures.

29.120 AIRPORT BOUNDARY (a) An airport operator shall ensure that— (1) the airport has a conspicuous physical barrier or means of indicating the airport boundary with posted signs in at least English, and Kinyarwanda bearing a warning to prevent incursions and trespassing. The signs posted on each security barrier shall be no more than 150 metres apart. (2) measures are in place for the continuous protection and monitoring of the integrity of the perimeter to prevent incursions and trespassing.

29.125 CARRIAGE OF FIREARMS, EXPLOSIVES OR INCENDIARY MATERIALS IN AIRPORT PREMISES (a) Without prejudice to Article 29 of law relating to Civil Aviation Security, an Airport Operator may allow a person to carry or have access to explosive substances or incendiary devices at an airport if— (1) the explosive substances or incendiary devices are to be used at the Airport premises: (i) for excavation, demolition or construction; (ii) in fireworks displays; (iii) by persons operating explosives detection equipment or handling explosive detection dogs; (iv) by a police service; or (v) by military personnel; and (2) the Airport Operator has reasonable grounds to believe that the safety of the Airport and persons and aircraft at the Airport will not be jeopardized by the presence of the explosive substances or incendiary devices at the airport. (b) A person who is transporting explosive substances or incendiary devices or tendering them for transportation by an air carrier may have access to them at an airport. (c) A person may transport or tender for transportation by an air carrier on board an aircraft explosive substances or incendiary devices if the person notifies the air carrier before the explosive substances or incendiary devices arrive at the airport premises (d) A person who is at an airport or on board an aircraft shall not falsely declare that—

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(1) they are carrying a weapon, an explosive substance, an incendiary device or other dangerous item that could be used to jeopardize the security of an Airport or aircraft or that such an item is contained in goods or other things in their possession or control or in a vehicle under their care or control that they have tendered or are tendering for screening or transportation; or (2) another person who is at the Airport or on board an aircraft is carrying a weapon, an explosive substance, an incendiary device or other dangerous item that could be used to jeopardize the security of an Airport or aircraft or that such an item is contained in goods or other things in that person's possession or control or in a vehicle under their care or control and is being tendered or has been tendered for screening or transportation. (e) Subject to Section 12.260 of the Civil Aviation (AOC Certification and Administration) Regulations, a person shall not transport or tender for transportation by an air carrier goods that contain a loaded firearm. (f) Subject to paragraph (c) of this regulation, a person shall not transport or tender for transportation by an air carrier goods that contain an explosive substance or an incendiary device.

29.130 CONTROL OF ACCESS BY TENANTS (a) The airport operator shall ensure that tenants whose premises or facilities form part of the landside or airside boundary through which access can be gained to the airside are responsible for control of access through their premises, and shall carry on business in compliance with the Airport Operator Security Programme. (b) In paragraph (a), "tenants" means— (1) individuals or businesses granted a licence or other permit by the airport operator to conduct business operations at the airport, including concessionaires, cargo handlers, caterers, tour operators, taxi and bus operators, porters, aircraft maintenance organisations and fuel companies; and (2) Government authorities and agencies at the airport, including customs, immigration, health, agriculture and meteorology.

29.135 OPERATOR & SCREENING PROCEDURES (a) An Airport Operator shall not allow a passenger, a crew member, airport staff and other non-passengers to pass through the security screening point into a restricted area unless the said persons and all items carried by them have been screened in accordance with the Screening procedures issued by the Authority; provided that— (1) the Authority may notify a special procedure for handling Heads of States and Heads of Foreign Mission, and diplomatic pouches; and (2) the material that is classified by appropriate agencies of Government shall be inspected only to the extent necessary to assure the absence of weapons or dangerous articles, except that if any question regarding safety remains, said classified material shall not be admitted in the restricted area and shall not be transported by an air carrier. (b) A person who refuses to submit to an authorized search of their person or goods or other things in their possession or control, or a vehicle under their care or control when requested to do so by a screening officer shall not enter into or remain inside a restricted area. (c) A security officer, the manager of an Airport or a person acting on his behalf may use reasonable force to remove a person who fails to comply with a request under paragraph (b). (d) A person who shall be screened under the National Aviation Security Programme shall not circumvent a screening of their person or goods or other things in their possession or control or a vehicle under their care or control or assist another person who shall be screened in circumventing a screening of that person or goods or other things in that person's possession or control or a vehicle under that person's care or control.

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(e) A person who does not need to be screened under the National Aviation Security Programme shall not assist another person who shall undergo a screening of their person or goods or other things in their possession or control or a vehicle under their care or control in circumventing screening.

29.140 INFORMING THE AIRPORT OPERATOR OF THREAT AGAINST AIRPORT (a) Where a person authorized to conduct any screening activity at an airport is made aware of a threat against the airport, that person shall— (1) immediately notify the airport operator of the nature of the threat; and (2) assist the airport operator in determining whether the threat affects the security of the airport.

29.145 AIRPORT OPERATOR TO TAKE MEASURES IN EVENT OF THREAT (a) Where an airport operator determines that there is a threat that affects the security of the airport, the airport operator shall immediately take all measures necessary to ensure the safety of the airport and persons at the airport, including informing the relevant parties of the nature of the threat. (b) An airport operator upon assessment and determination of a credible bomb threat shall immediately inform the Authority of the bomb threat against an airport and its facilities, or an aircraft.

29.150 DISCOVERY OF WEAPONS, INCENDIARY DEVICES OR EXPLOSIVES AT AIRPORT (a) An airport operator shall immediately notify the Authority when there is— (1) discovery, at the airport, of a weapon other than a firearm allowed under Article 22 of the law relating to civil aviation Security; (2) discovery, at an airport of ammunition other than ammunition allowed under Article 22 of the law relating to civil aviation Security. (3) discovery, at the airport, of an explosive substance or an incendiary device, other than an explosive substance or incendiary device allowed under Article 22 of the law relating to civil aviation Security; or (4) an explosion at the airport, unless the explosion is known to be the result of an excavation, a demolition, construction or the use of fireworks displays.

29.155 AIRPORT OPERATOR TO SUBMIT PLANS BEFORE RENOVATION & EXPANSION WORKS (a) Notwithstanding Section 29.110(b)(2)(iii), an airport operator shall, before the implementation of any renovation, remodeling or expansion works at the airport, or the construction of new or additional airport facilities, submit to the Authority for its approval, the plans for the renovation and expansion works. (b) The Authority shall, in approving the plans submitted to it under paragraph (a), assess the plans to ensure that security considerations are properly addressed and that the needs of aviation security are integrated in the configuration of the works.

29.160 RECORD KEEPING BY OPERATORS (a) A record required to be kept under Article 25 of the law relating to civil aviation Security shall— (1) be kept for a minimum of ninety days; (2) be submitted to the Authority within thirty days after the occurrence of the incident; and (3) where relevant, include— (i) the number and type of weapons and incendiary devices discovered during any passenger screening process and the method of detection of each; (ii) the number of acts and attempted acts of unlawful interference; (iii) the number of bomb threats received, real and simulated bombs found and actual bombings or explosions at the airport; and (iv) The number of detentions and arrests and the immediate disposition of each person detained or arrested. (4) The Airport operator and any person designated by the airport operator or the person in charge of any other restricted area mentioned in Section 29.115(c) to issue restricted area passes or keys shall—

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(5) keep at the airport or at the other restricted areas mentioned in Section 29.105(a) updated records of the passes and keys that have been issued for use at the airport or the other restricted areas mentioned in Section 29.115(c), respecting— (i) restricted area identity cards and keys that have been issued; (ii) the names of the persons to whom restricted area identity cards or keys have been issued; (iii) the names of the persons to whom combination codes or personal identification codes have been assigned; (iv) blank restricted area identity cards in the airport operator's possession; (v) restricted area identity cards that have been deactivated; (vi) keys, combination codes or personal identification codes that have been cancelled, removed or taken back; (vii) deactivated restricted area identity cards that have not been retrieved by the airport operator; (viii) restricted area identity cards that have been reported as lost or stolen. (ix) steps taken to retrieve deactivated Security Restricted area permits; and provide the record to the Authority

29.165 RESPONSIBILITIES OF AIRCRAFT OPERATORS (a) An aircraft operator providing service from Rwanda shall not— (1) transport the baggage of a passenger who is not on board the aircraft unless that baggage is subjected to appropriate security controls, including screening, after determining that the person is not on board; (2) accept consignments of cargo, courier and express parcels or mail, inflight catering and stores, company mail and materials for carriage on passenger flights, unless the security of the consignments is accounted for by a regulated agent, or the consignments are subjected to security controls to meet the appropriate security requirements. (b) An aircraft operator providing service in or from Rwanda shall-— (1) carry out and maintain, at an airport, on an aircraft and at any aviation facility under the control of the operator, security measures including identification and resolution of suspicious activity that may pose a threat to civil aviation, and any other measures prescribed in the National Civil Aviation Security Programme and the Airport Security Programme; (2) ensure that— (i) all its appropriate personnel are familiar with, and comply with the requirements of the National Civil Aviation Security Programme; (ii) evaluation of travel documents presented by passengers, is conducted in order to deter fraud and abuse and; (iii) necessary precautions are taken at the point of embarkation to ensure that passengers are in possession of valid documents prescribed by the state of transit and destination for control purposes. (iv) all its aircraft carry a checklist of the procedures to be complied with for that type of aircraft in searching for concealed weapons, explosives or other dangerous devices. (3) be responsible for the security of his or her aircraft; (4) ensure that persons engaged to implement security controls are subject to background checks and selection procedures, are capable of fulfilling their duties and are adequately trained; and (5) institute and implement adequate security controls, including background checks on persons other than passengers granted unescorted access to security restricted areas of the airport. (6) institute measures to identify and remove any items: (i) before departure of an aircraft engaged in commercial flights; (ii) after passengers have disembarked from an airport engaged in commercial flights; (iii) left behind by passengers disembarking from transit flights.”

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(7) conduct aircraft security checks and searches of originating aircraft (8) ensure that an aircraft subject to a security check or search is protected from unauthorized interference, from the time the aircraft check or search has commenced, until the aircraft departs. (9) develop procedures to ensure that an aircraft subject to a security check or search is protected from unauthorized interference, from the time the aircraft check or search has commenced, until the aircraft departs. (10) Ensure that its security personnel with the responsibilities that require certification as per the national civil aviation security training programme are duly certified by the Authority.

29.170 SPECIAL PROTECTION FOR AIRCRAFT (a) An aircraft operator may, notwithstanding Section 29.165(b)(3), request for special protection of an aircraft from an airport operator. (b) Where special protection is offered to an aircraft operator under paragraph (a), the protection shall be on terms and conditions determined by the airport operator.

29.175 CONTROL OF PROHIBITED ITEMS (a) No person shall, subject to Section 29.115, possess or have with him or her a prohibited item while— (1) in a security restricted area; (2) on board an aircraft; or (3) in an air navigation installation. (b) The prohibited items referred to in paragraph (a) include— (1) firearms or articles appearing to be firearms, whether or not they can be discharged; (2) nuclear, chemical or biological agents adapted, or capable of being used or causing injury to or incapacitating persons or damaging or destroying property; (3) ammunition and explosives; (4) articles manufactured or adapted to have the appearance of explosives, whether in the form of a bomb, grenade or otherwise; (5) articles made or adapted for causing injury to or incapacitating persons or damaging or destroying property; and (6) any other dangerous article or substance or other item prescribed by the Authority from time to time.

29.180 CONTROL OF ACCESS TO FLIGHT CREW COMPARTMENT (a) An aircraft operator engaged in commercial air transport shall— (1) where an aircraft is equipped with a flight crew compartment door, ensure that the door is lockable from the flight crew compartment only and remains locked during flight, except to permit access and exit by authorized persons; and (2) where an aircraft is not equipped with a flight crew compartment door, ensure the implementation of measures as appropriate to prevent unauthorized persons from entering the flight crew compartment during flight

29.185 CONTROL OF SPECIAL CATEGORIES OF PASSENGERS (a) Law enforcement officers shall inform the aircraft operator and the pilot in command when passengers are obliged to travel because they have been the subject of judicial or administrative proceedings, in order that appropriate security controls can be applied. (b) The aircraft operator shall inform the pilot in command of the number of armed or unarmed escort persons, the individuals whom they are escorting and their seat locations in the aircraft. (c) An air carrier shall not transport a person suffering from a mental illness that is deemed to be a threat to the safety of a flight, unless— (1) that person is accompanied by an attendant physically capable of coping with untoward actions by that person during the flight and skilled in administering sedatives as required and authorized by an appropriate doctor; and

Page 29- 25 of 39 1041 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 29 (2) if that person requires sedation prior to departure, each portion of the flight should last no longer than the effective duration of the sedative administered. (d) The carriage of weapons on board aircraft by law enforcement officers and other authorized persons, acting in the performance of their duties, shall be in accordance Article 30 of the law relating to civil aviation Security. (e) The Authority may—

(1) approve, in writing, the carriage of weapons on board aircraft by law enforcement officers and other authorized persons acting in the performance of their duties; (2) consider requests by any other State to allow the travel of armed personnel on board aircraft of the requesting State, except that the Authority shall not allow the travel of armed personnel under this regulation unless there is an agreement between both States on such travel. (f) Notwithstanding paragraph (b), an aircraft operator may allow or refuse the carriage of weapons on board an aircraft in accordance with conditions issued by the Authority. (g) Where an aircraft operator accepts the carriage of weapons removed from passengers, the aircraft shall have provision for stowing the weapons so that they are inaccessible to passengers during flight time and, in the case of a firearm, to ensure that it is not loaded. (h) Where Rwanda decides to deploy in-flight security officers— (1) the officers shall be government personnel who are specially selected and trained, taking into account the safety and security aspects on board an aircraft; and (2) (b) the officers shall be deployed according to the threat assessment of the Authority. (i) The deployment under paragraph (e) shall be done in co-ordination with concerned States and shall be kept strictly confidential.

29.190 AUTHORISED CARRIAGE OF WEAPONS ON BOARD AIRCRAFT (a) The carriage of weapons on board aircraft by law enforcement officers and other authorized persons, acting in the performance of their duties, shall be in accordance Article 30 of the law relating to civil aviation Security. (b) The Authority may— (1) approve, in writing, the carriage of weapons on board aircraft by law enforcement officers and other authorized persons acting in the performance of their duties; (2) consider requests by any other State to allow the travel of armed personnel on board aircraft of the requesting State, except that the Authority shall not allow the travel of armed personnel under this regulation unless there is an agreement between both States on such travel. (c) Notwithstanding paragraph (b), an aircraft operator may allow or refuse the carriage of weapons on board an aircraft in accordance with conditions issued by the Authority. (d) Where an aircraft operator accepts the carriage of weapons removed from passengers, the aircraft shall have provision for stowing the weapons so that they are inaccessible to passengers during flight time and, in the case of a firearm, to ensure that it is not loaded. (e) Where Rwanda decides to deploy in-flight security officers— (1) the officers shall be government personnel who are specially selected and trained, taking into account the safety and security aspects on board an aircraft; and (2) the officers shall be deployed according to the threat assessment of the Authority. (f) The deployment under paragraph (e) shall be done in co-ordination with concerned States and shall be kept strictly confidential.

29.195 CONDITIONS FOR ACCEPTANCE OF GOODS FOR AIR TRANSPORTATION (a) A regulated agent shall, before accepting goods for transport in an aircraft— (1) establish and register the name and address of the consignor; (2) establish the credentials of the person who delivers the goods as an agent of the consignor; Page 29- 26 of 39 1042 Official Gazette no.Special of 27/07/2018 Civil Aviation (security) Regulations Part 29 (3) ensure, on the basis of appropriate security controls or security screening, that such goods do not contain any prohibited items; (4) ensure the safeguarding of such goods from unauthorized interference after acceptance; (5) ensure the goods are received by staff who are properly recruited and trained;

designate a person to implement and supervise the screening process; (6) ensure that the following categories of goods are not carried by air unless they have been subjected to screening— (i) unaccompanied baggage; (ii) goods from unknown consignors; (iii) goods for which the contents do not coincide with the description delivered; and (7) ensure that each shipment of goods is accompanied by documentation providing the statement of the security status of the shipment. (b) A regulated agent who offers goods to an aircraft operator for transport by aircraft shall produce and make available to the aircraft operator, and the Authority on demand, shipping documents, records of goods accepted and offered for air transport, employee training records and airway bills. (c) A regulated agent shall make available to the Authority, a report of any incident where a shipping document did not provide an accurate record of the goods being offered for air transport. (d) All cargo and mail intended for carriage on civil aviation flights shall be subjected to appropriate security controls by airport operators and regulated agents before being placed on board an aircraft.

29.200 CONDITIONS FOR ACCEPTANCE OF BAGGAGE, GOODS, COMAT & COMAIL FOR AIR TRANSPORTATION (a) For the purpose of protecting passengers, crew members, aircraft and airports and preventing acts of unlawful interference with civil aviation, every regulated agent shall establish measures to ensure that— (1) only screened baggage is loaded into aircraft engaged in civil aviation; (2) all hold baggage to be carried on commercial aircraft is protected from unauthorised interference from the point it is screened or accepted into the care of the carrier, whichever is earlier, until departure of the aircraft on which it is to be carried; and that if there are grounds to suspect that the integrity of hold baggage may be jeopardised, the hold baggage is re-screened before being placed on board an aircraft; (3) persons engaged to implement security controls are subject to background checks and selection procedures, are capable of fulfilling their duties and are adequately trained; and (4) the regulated agent institutes and implements adequate security controls, including background checks on persons other than passengers granted unescorted access to security restricted areas. (5) COMAT and COMAIL are subjected to appropriate security controls prior to placement on board an aircraft engaged in passenger commercial flights. (6) all cargo and mail to be carried on a commercial aircraft is protected from unauthorized interference from the point of screening or other security controls are applied until departure of the aircraft on which it is to be carried; and if there are grounds to suspect that the integrity of cargo and mail may be jeopardized, the cargo and mail is re-screened before being placed on board an aircraft. (7) enhanced security measures apply to high-risk cargo and mail to appropriately mitigate the threats associated with it.

29.205 SECURITY MEASURES TO BE TAKEN BY AIRCRAFT OPERATORS (a) The aircraft operator is responsible for ensuring that appropriate security controls have been carried out, and in so doing, the aircraft operator shall— (1) not accept cargo or mail for carriage on an aircraft engaged in commercial air transport operations unless the application of screening or other security controls is confirmed and accounted for by a regulated agent, or an entity that is approved by the Authority. (2) ensure that cargo and mail which cannot be confirmed and accounted for by a regulated agent or an entity that is approved by the Authority shall be subjected to screening; Page 29- 27 of 39 1043 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 29 (3) protect the consignment from unlawful interference while it is in the custody of the aircraft operator; (4) ensure that all consignments have been secured to an appropriate level before being placed in the aircraft; (5) ensure that where screening of cargo and mail is conducted, screening is carried out using an appropriate method or methods, taking into account the nature of the consignment; and (6) ensure that all consignments placed on board the aircraft are recorded on the aircraft manifest. (7) ensure that cargo and mail that has been confirmed and accounted for shall then be issued with a security status which shall accompany, either in an electronic format or in writing, the cargo and mail throughout the secure supply chain. (8) ensure that transfer cargo and mail has been subjected to appropriate security controls prior to being loaded on an aircraft engaged in commercial air transport operations departing from its territory. (b) The aircraft operator may delegate any of the functions under paragraph (a) to a regulated agent. (c) For the avoidance of doubt, notwithstanding the delegation of any functions to a regulated agent under paragraph (b), the aircraft operator shall remain responsible for ensuring that the appropriate security controls have been carried out. (d) The aircraft operator or the regulated agent shall ensure that all consignments due to be loaded into an aircraft are— (1) delivered by an established employee of a handling agent; (2) covered by valid documentation that has been checked for inconsistencies and fully describes the contents; (3) covered by a valid consignment security declaration; (4) checked to establish that there is no evidence of having been tampered with; (5) kept secure until delivered into the aircraft operator's charge; or (6) subjected to the appropriate level of security screening. (e) An aircraft operator shall make available to the Authority, a report of any incident where an airway bill or equivalent document did not provide an accurate record of the goods being offered for air transport. (f) An aircraft operator shall require a regulated agent operator to comply with the ICAO Technical Instructions for the Safe Transportation of Dangerous Goods by Air, Doc. 9284. (g) Appropriate security controls referred to in this regulation shall be as prescribed by the Authority.

29.210 CATERING OPERATORS AVIATION SECURITY RESPONSIBILITIES OF CATERING OPERATOR (a) A catering operator shall, before accepting supplies and equipment for preparation as catering supplies for transport in an aircraft— (1) establish and register the name and address of the supplier of the supplies and equipment; (2) establish the credentials of the person who delivers the supplies and equipment as an agent of the supplier of the supplies and equipment; (3) ensure, on the basis of appropriate security controls or security screening, that the supplies and equipment do not contain any prohibited items; (4) ensure the safeguarding of the supplies and equipment from unauthorized interference after acceptance; (5) ensure the supplies and equipment are received by staff who are properly recruited and trained by the operator; (6) designate a person to implement and supervise the screening process; (7) ensure that catering stores and supplies are not carried by air unless they have been subjected to screening;

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(8) ensure that each shipment of catering stores and supplies is accompanied by documentation providing the statement of the security status of the shipment; (9) ensure that persons engaged to implement security controls are subject to background checks and selection procedures, are capable of fulfilling their duties and are adequately trained; (10) institute and implement adequate security controls, including background checks on persons other than passengers granted unescorted access to security restricted areas of the airport. (b) A catering operator who offers catering stores and supplies to an aircraft operator for transport by aircraft shall produce and make available to the aircraft operator, and the Authority on demand, shipping documents, records of supplies and equipment accepted and catering stores and supplies offered for air transport, employee training records and other accountable catering documents.

29.215 CONDITIONS FOR ACCEPTANCE OF CATERING STORES & SUPPLIES FOR AIR TRANSPORTATION (a) An aircraft operator shall accept catering stores and supplies for transport on an aircraft only from a catering operator. (b) An aircraft operator shall, before accepting catering stores and supplies for transport on an aircraft, ensure— (1) that the catering stores and supplies have been subjected to screening; (2) the safeguarding of the catering supplies and stores against unlawful interference until the catering supplies and stores have been placed in the aircraft; (3) that the shipments of catering supplies and stores are recorded; and (4) that whenever the catering supplies and stores are received, those catering supplies and stores are delivered by an authorised employee of the catering operator. (c) An aircraft operator shall not accept any catering supplies and stores for transport by aircraft unless the documentation for those catering supplies and stores is examined for inconsistencies and is accompanied by a valid security declaration. (d) An aircraft operator shall require a catering operator to comply with the ICAO Technical Instructions for the Safe Transportation of Dangerous Goods by Air, Doc. 9284. (e) An aircraft operator shall make available to the Authority, a report of any incident where a catering or equivalent document did not provide an accurate record of the catering supplies and stores being offered for air transport. (f) An aircraft operator shall preserve, for not less than one year, a record of acceptance checklists and inspections carried out under this Part.

29.220 PROTECTION OF CRITICAL INFORMATION TECHNOLOGY & COMMUNICATION SYSTEMS (a) The Authority shall in accordance with the risk assessment carried out by the threat assessment committee, ensure that appropriate measures are developed in order to protect the confidentiality, integrity and availability of critical information and communications technology systems and data used for civil aviation purposes from interference that may jeopardize the safety of civil aviation. (b) The entities involved with or responsible for the implementation of various aspects of the national civil aviation security Programme shall identify their critical information technology and communications systems and data, including threats and vulnerabilities thereto, and develop protective measures to include, inter alia, security by design, supply chain security, network separation, and remote access control, as appropriate.

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SUBPART E: MANAGEMENT OF RESPONSE TO ACTS OF UNLAWFUL INTERFERENCE

29.225 PREVENTION OF ACTS OF UNLAWFUL INTERFERENCE (a) The Authority shall take adequate measures, when reliable information exists that an aircraft may be subjected to an act of unlawful interference— (1) if the aircraft is in flight, to provide as much prior notification as possible of the arrival of that aircraft to relevant airport authorities and air traffic services of the States and aircraft and airport operators concerned; (2) ensure that aircraft Operators have established measures and procedures to safeguard an aircraft under a specific threat. (b) The Authority shall ensure that arrangements are made to investigate, render safe or dispose of, if necessary, suspected dangerous devices or other potential hazards at airports. (c) The Authority shall ensure that authorized and suitably trained personnel are readily available for deployment at every airport serving civil aviation to assist in dealing with suspected or actual cases of unlawful interference. (d) The Authority shall designate and appropriate entity as responsible for safeguarding the aircraft subjected to acts of unlawful interference when it is on ground and to ensure that the aircraft is searched for concealed weapons, explosives or other dangerous devices, articles or substances; and that prior notification of the search is provided to the operator concerned. (e) Subject to sub regulation (d), the Authority shall require the designated entity to establish measures and procedures to safeguard and search the aircraft under threat.

29.230 AUTHORITY’S RESPONSE TO ACTS OF UNLAWFUL INTERFERENCE (a) The Authority shall— (1) take adequate measures for the safety of passengers and crew of an aircraft which is subjected to an act of unlawful interference while on the ground until their journey can be continued; (2) collect all pertinent information on the flight which is the subject of an act of unlawful interference and transmit that information to all other States responsible or the Air Traffic Services units concerned, including those at the airport of known or presumed destination, so that timely and appropriate safeguarding action may be taken en-route and at the aircraft’s known, likely or possible destination; (3) provide such assistance to an aircraft subjected to an act of unlawful seizure, including the provision of navigation aids, air traffic services and permission to land as may be necessitated by the circumstances; (4) to the extent practicable detain on the ground an aircraft subjected to unlawful seizure unless its departure is necessitated by the overriding duty to protect human lives; (5) notify the State of registry of an aircraft and the State of the operator of the landing aircraft subjected to an act of unlawful interference, and shall similarly transmit, by the most expeditious means, all other relevant information to— (i) the state of registry and the state of the operator; (ii) each State whose citizens suffered fatalities or injuries; (iii) each State whose citizens were detained as hostages; (iv) each state whose citizens are known to be on board the aircraft; and (v) the International Civil Aviation Organization (6) re-evaluate security controls and procedures and in a timely fashion take action necessary to remedy weaknesses so as to prevent recurrence of an act of unlawful interference

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29.235 MANDATORY REPORTING (a) Every operator shall, where an act of unlawful interference occurs, immediately notify the Authority. (b) Every aircraft operator, pilot in command, airport operator or air navigation service provider shall submit to the Authority— (1) a preliminary written report, within fifteen days after the occurrence of an act of unlawful interference, including sabotage, threats, hijacks, incidents and disruptive passengers; and (2) a final written report, upon completion of investigations, but within thirty days after the occurrence of an act of unlawful interference, including sabotage, threats, hijacks, incidents and disruptive passengers.

29.240 NOTIFICATION TO THE INTERNATIONAL CIVIL AVIATION ORGANIZATION (a) The Authority shall, where an act of unlawful interference has occurred, provide the International Civil Aviation Organization with a report on each incident, whether successful or unsuccessful as follows— (1) a preliminary report, within thirty days after the occurrence of the act, containing all pertinent information concerning the security aspects of the occurrence; and (2) a final report, within sixty days after completion of investigations. (b) The Authority shall provide copies of reports submitted to the International Civil Aviation Organization under this regulation to other States which may have an interest

SUBPART F: OFFENCES & PENALTIES

29.245 FAILURE TO ESTABLISH & MAINTAIN SECURITY PROGRAMMES (a) A person who operates without a Security Programme referred to in Section 29.035, 29.040, 29.055, 29.060, 29.065, 29.070, 29.075 and 29.080, or who fails to implement a Security Programme, or a training Programme will be liable to penalties as shall be determined by a ministerial order.

29.250 OFFENCES BY BODY CORPORATE (a) Where an offence under these Regulations is committed by a body corporate and is proved to have been committed with the consent or connivance of, or is attributable to any neglect on the part of— (1) any director, manager, secretary or similar officer of the body corporate; or (2) any person who was purporting to act in any such capacity, (3) that person, as well as the body corporate, commits the offence and is liable to be proceeded against and punished accordingly.

29.255 POWER TO ENFORCE COMPLIANCE (a) The Authority or any authorized person may, for purposes of ensuring the Implementation of the National Aviation Security Quality Control Programme, or the requirements of the National Civil Aviation Security Programme, or any other operator Security Programme, or requirements set out under these Regulations, and without prejudice to the provisions of Part VII, of these Regulations, adopt procedures for aviation security monitoring and enforcement approved by the National Aviation Security Committee. (b) The procedures referred to in paragraph (a) shall establish enforcement to ensure rectification of any matter, including but not limited to the following— (1) failure to comply with any order, circular or directive issued under these Regulations; (2) failure to comply with any requirement set out under the National Civil Aviation Security Programme or the respective operator security programme; (3) failure to comply with an oversight recommendation made by the Authority; (4) failure to take into account unique or exceptional circumstances which, although not expressly provided under the National Civil Aviation Security Programme, or the respective operator Security Programme but may expose an airport, aircraft or catering facility to risk. (c) The Authority or any authorized person may, without limiting the generality of this regulation, issue Page 29- 39 of 39 1047 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 29 infringement notices set out in Subpart G of these Regulations on serious or prolonged breaches of security or failure to rectify security lapses that may endanger the safety of civil aviation. (d) An infringement notice may require that the operations of a particular operator be halted until the breach has been rectified.

SUBPART G: INFRINGEMENT NOTICES

29.260 PURPOSE & EFFECT OF INFRINGEMENT NOTICES (a) The purpose of this Part is to create a system of infringement notices for offences against these Regulations as an alternative to prosecution. (b) This Part does not— (1) require an infringement notice to be issued to a person for an offence; (2) affect the liability of a person to be prosecuted for an offence if an infringement notice is not issued to the person for the offence; (3) prevent the issue of two or more infringement notices to a person for an offence; (4) affect the liability of a person to be prosecuted for an offence if the person does not comply with an infringement notice for the offence; or (5) limit or otherwise affect the penalty that may be imposed by a court on a person convicted of an offence.

29.265 PENALTY PAYABLE UNDER INFRINGEMENT NOTICE (a) The penalty for an offence payable under an infringement notice issued to the person for the offence is one- fifth of the maximum penalty that a court could impose on the person for the offence.

29.270 AUTHORISED PERSONS MAY ISSUE INFRINGEMENT NOTICE (a) In this regulation, “infringement notice offence” means an offence against Sections 29.235 and 29.240. (b) Where an authorized person has reason to believe that a person has committed an infringement notice offence, the authorized person may issue a notice, called an infringement notice, to the person for the offence

29.275 ISSUANCE OF INFRINGEMENT NOTICE (a) An infringement notice shall— (1) bear a unique number; (2) state the name of the authorized person who issued it; (3) state its date of issue; (4) state the full name, or the surname and initials, and the address, of the person to whom it is issued; (5) give brief details of the offence for which it is issued, including— (i) the date and time of commission of the offence; (ii) where the offence was committed; (iii) the provision of these Regulations contravened; (6) state the penalty for the offence payable under the notice; (7) state where and how that penalty can be paid including, if the penalty can be paid by posting the payment, the place to which it should be posted; (8) state that if the person to whom it is issued (the recipient) pays the penalty within twenty-eight days after the day on which the notice is served, or any longer time allowed in writing by an authorized person, then, unless the infringement notice is subsequently withdrawn and any penalty paid refunded— (i) any liability of the recipient for the offence will be discharged; (ii) the recipient will not be prosecuted in a court for the offence; (iii) the recipient will not be taken to have been convicted of the offence;

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(9) state the greatest penalty that a court could impose on the recipient for the offence; (10) state that if the recipient is prosecuted in court and found guilty of the offence, the recipient may be convicted of the offence and ordered to pay a penalty and costs, and be subject to any other order that the court makes; (11) state how and to whom the recipient can apply to be allowed more time to pay the penalty; and (12) be signed by the authorized person who issued it. (b) An infringement notice may contain any other information that the authorized person who issues it thinks necessary.

29.280 SERVICE OF INFRINGEMENT NOTICE (a) An infringement notice shall be served on the person to whom it is issued. (b) An infringement notice may be served on an individual— (1) by giving it to the individual; (2) by leaving it at, or by sending it by post, telex, fax or similar facility to, the address of the place of residence or business (the relevant place) of the individual last known to the authorized person who issues it; (3) by giving it, at the relevant place, to someone who— (i) lives or is employed, or apparently lives or is employed, there; and (ii) is, or the authorized person who issued it has reason to believe is, eighteen years of age and above. (c) An infringement notice may be served on a corporation— (1) by leaving it at, or by sending it by post, telex, fax or similar facility to the address of the head office, a registered office or a principal office of the corporation; (2) by giving it, at an office mentioned in paragraph (c)(1), to someone who is, or the authorized person who issued it has reason to believe is, an officer or employee of the corporation.

29.285 TIME FOR PAYMENT OF PENALTY (a) The penalty stated in an infringement notice shall be paid— (1) within twenty-eight days after the day on which the notice is served on the person to whom it is issued; (2) if the person applied for a further period of time in which to pay the penalty, and that application is granted, within the further period allowed; (3) if the person applies a further period of time in which to pay the penalty, and the application is refused, within seven days after the notice of the refusal is served on the person; (4) if the person applies for the notice to be withdrawn, and the application is refused, within twenty-eight days after the notice of the refusal is served on the person.

29.290 EXTENSION OF TIME TO PAY PENALTY (a) The person to whom an infringement notice is issued may apply, in writing, to the Authority for a further period of up to twenty-eight days in which to pay the penalty stated in the notice. (b) Within fourteen days after receiving the application, the Authority shall— (1) grant or refuse a further period not longer than the period sought; and (2) Notify the recipient in writing of the decision and, if the decision is a refusal, the reasons for it. (c) Notice of the decision may be served on the recipient in any way in which the infringement notice could have been served on the recipient.

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29.295 EFFECT OF PAYMENT OF PENALTY (a) Where an infringement notice is not withdrawn, and the person to whom it is issued for an offence pays the penalty stated in the notice— (1) any liability of the person for the offence is discharged; (2) the person shall not be prosecuted in a court for the offence; (3) the person is not taken to have been convicted of the offence. (b) Where two or more infringement notices are issued to a person for the same offence, the person’s liability to be prosecuted for the offence ceases if the person pays the penalty stated in any of the notices.

29.300 WITHDRAWAL OF INFRINGEMENT NOTICE (a) A person may apply in writing to the Authority, before the end of twenty-eight days after receiving an infringement notice, for the infringement notice to be withdrawn. (b) The Authority shall, within fourteen days after receiving the application— (1) withdraw or refuse to withdraw the notice; (2) notify the person in writing of the decision and, if the decision is a refusal, the reasons for the decision. (c) Where the Authority has not approved, or refused to approve, the withdrawal of the notice within the period allowed by paragraph (b), the Authority is taken to have refused to approve the withdrawal of the notice. (d) The Authority shall, before withdrawing or refusing to withdraw a notice, consider— (1) whether the person has been convicted previously of an offence against these Regulations; (2) the circumstances of the offence stated in the notice; (3) whether the person has previously paid a penalty under an infringement notice issued to the person for an offence of the same type as the offence mentioned in the notice; and (4) any other relevant matter. (e) The Authority may also withdraw an infringement notice without an application having been made.

29.305 NOTICE OF WITHDRAWAL OF INFRINGEMENT NOTICE (a) Notice of the withdrawal of an infringement notice may be served on a person in any way in which the infringement notice could have been served on the person. (b) A notice withdrawing an infringement notice served on a person for an offence— (1) shall include the following information— (i) the full name, or surname and initials, and address of the person; (ii) the number of the infringement notice; (iii) the date of issue of the infringement notice; (2) shall state that the notice is withdrawn; and (3) if the Authority intends to prosecute the person in a court for the offence, shall state that the person may be prosecuted in a court for the offence.

29.310 REFUND OF PENALTY (a) Where an infringement notice is withdrawn after the penalty stated in it has been paid, it must refund the amount of the penalty to the person who paid it, within sixty days after the withdrawal of the notice.

SUBPART H: FACILITATION

29.315 AVIATION SECURITY & NARCOTICS CONTROL MEASURES & PROCEDURES (a) The Airport Operator shall coordinate with other relevant authorities in the application of aviation security and narcotics control measures and procedures, where applicable, aimed at the efficient clearance of—

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(1) entering or departing aircraft; and (2) border control of passengers and crew.

29.320 TRAVEL DOCUMENTS (a) No documents other than travel documents shall be required of visitors for the entry into and departure from any territory. (b) Travel ravel documents f (c) or refugees and stateless persons are machine readable, in accordance with the specifications of ICAO Doc 9303. (d) No

29.325 SECURITY OF TRAVEL DOCUMENTS (a) The competent Authority shall— (1) regularly update security features in new versions of their travel documents, to guard against their misuse and to facilitate detection of cases where such documents have been unlawfully altered, replicated or issued; (2) establish controls to safeguard against the theft of their blank travel documents and the misappropriation of newly issued travel documents; and (3) establish appropriate controls over the entire travel document application, adjudication and issuance processes to ensure a high level of integrity and security.

29.330 STOLEN, LOST, & REVOKED TRAVEL DOCUMENTS (a) The competent Authority shall immediately after receiving a complaint on stolen, lost or revoked travel documents issued by Rwanda report accurate information to Interpol for inclusion in the stolen and lost travel documents database.

29.335 MACHINE READABLE TRAVEL DOCUMENTS (a) The competent authority shall issue machine readable travel documents using one or more optional data storage technologies to supplement the machine readable zone in accordance with the specifications of ICAO Doc 9303. (b) All passports issued by the competent authority shall be machine readable in accordance with the specifications of ICAO Doc 9303, Part 4.

29.340 BIOMETRIC DATA (a) Biometric data shall be incorporated into the machine readable passports, visas and other official travel documents, using one or more optional data storage technologies to supplement the machine readable zone as specified in ICAO Doc 9303. (b) The biometric data stored on the integrated circuit chip shall be the same as that printed on the data page, that is, the data contained in the machine-readable zone plus the digitized photographic image; (c) Fingerprint image or iris image are optional biometrics. (d) Biometric data in the Machine Readable Passports store data in a contactless integrated circuit chip complying with ISO/IEC 14443 and programmed according to the Logical Data Structure.

29.345 INSPECTION OF TRAVEL DOCUMENTS (a) The aircraft operators shall conduct evaluation of travel documents presented by passengers, in order to deter fraud and abuse and necessary precautions at the point of embarkation are carried out to ensure that persons are in possession of the documents prescribed by the Authority and other relevant authorities of transit and destination for control purposes.

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(b) Aircraft operators shall take necessary precautions at the point of embarkation to ensure that persons are in possession of the documents prescribed by the States of transit and destination for control purposes as described in this Part.

29.350 PROCEDURES & RESPONSIBILITIES (a) Fraudulent, falsified or counterfeit travel document and travel documents of a person impersonating the rightful holder of the travel documents shall be seized. (b) The documents referred to under paragraph (a) shall be removed from circulation immediately and returned to the appropriate authority of the State named as issuer or to the resident Diplomatic Mission of that State.

29.355 ADVANCE PASSENGER INFORMATION (a) The Authority shall ensure— (1) an Advance Passenger Information (API) system is established; and (2) international recognized standards for the transmission of Advance Passenger Information (API or APIS) are adhered to.

29.360 IDENTIFICATION & ENTRY OF CREW & OTHER AIRCRAFT OPERATORS’ PERSONNEL (a) Crew Member Certificate (CMC) shall be issued to a crew member after a background check has been carried out. (b) Adequate controls shall be established on the issuance of CMCs and other official crew identity documents are put in place to prevent fraud. (c) The control referred under paragraph (b) are— (1) background check and certification of employment status of an applicant prior to issuance; (2) controls on blank card stock; and (3) accountability requirements for issuing personnel.

29.365 ENTRY & DEPARTURE 0F CARGO & OTHER ARTICLES (a) A risk management shall be used to determine which goods shall be examined and the extent of that examination. (b) The following shall be ensured— (1) programmes for Authorized Economic Operators that enhance security shall be introduced, in order to create an environment for facilitative Customs control measures; (2) establishment of agreement or arrangement for the mutual recognition of their respective Authorised Economic Operator or equivalent programs with other States shall be encouraged; (3) for facilitation purposes, where feasible, the use of the available advance cargo information in subsequent import, export or transit customs procedures for the release and clearance of the goods shall be considered; (4) the introduction of arrangements to enable all parties involved in air cargo operations to submit all the information required by competent authority, in connection with arrival, stay and departure of an aircraft and air cargo, to a single entry point (Single Window) shall be considered; (5) all participants in the transport, handling and clearance of air cargo to simplify relevant procedures and documents and to cooperate or participate directly in the development of electronic air cargo community systems using internationally agreed standards with a view to enhance the exchange of information relating to such traffic and assuring interoperability between the systems of all participants shall be encouraged; and (6) special procedures, which provide for the expedited release of goods on arrival or departure for authorised persons meeting specified criteria, which may include an appropriate record of compliance

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with official requirements and a satisfactory system for managing their commercial records shall be established. (c) Special procedures for authorised persons may include, but not be limited to— (1) release of the goods for import or export on the provision of the minimum information necessary to identify the goods and permit the subsequent completion of the final goods declaration; (2) clearance of the import or export goods at the authorised person’s premises or at another place authorised by Customs; (3) lodgment of a goods declaration for import or export, based on the entry into the records of the authorised person; and (4) Lodgment of a single goods declaration for all imports or exports in a given period where goods are imported or exported frequently by the same person. (d) Goods not afforded the simplified or special procedures shall be released or cleared promptly on arrival, subject to compliance with customs and other requirements. (e) As a goal, the release of all goods that do not need any examination, within three hours of their arrival and the submission of the correct documentation shall be established. (f) The competent authority and aircraft operators and importers or their authorized agents, shall coordinate their respective functions to ensure that this goal is met.

29.370 INADMISSIBLE PERSONS (a) Where the competent authority has reason to believe that an inadmissible person might offer resistance to his removal, it shall inform the aircraft operator concerned as far in advance as possible of scheduled departure so that the aircraft operator can take precautions to ensure the security of the flight.

29.375 DEPORTEES (a) Where the competent authority removes a deportee from its territory it shall assume all the obligations, responsibilities and costs associated with the removal. (b) The competent authority, when making arrangements with an aircraft operator for the removal of a deportee, shall make available the following information as soon as possible, but in any case not later than 24 hours before the scheduled time of departure of the flight- (1) a copy of the deportation order where applicable; (2) a risk assessment by the State or any other pertinent information that would help the aircraft operator assess the risk to the security of the flight; and (3) the names and nationalities of any escorts.

29.380 INADMISSIBLE PERSONS & DEPORTEES (a) The competent authority shall not fine aircraft operators in the event that arriving and in-transit persons are found to be improperly documented where aircraft operators can demonstrate that they have taken necessary precautions to ensure that these persons had complied with the documentary requirements for entry into the receiving State.

29.385 ASSISTANCE TO AIRCRAFT ACCIDENT VICTIMS & THEIR FAMILIES (a) The competent authority shall ensure that policies in support of assistance to aircraft accident victims and their families are put in place. (b) The competent authority shall ensure that the clearance of unidentified, unclaimed or mishandled baggage, and its return to the aircraft operator for appropriate disposition are expedited. (c) The Authority shall ensure that the conditions laid down by the competent authority, aircraft operator may be permitted to open such baggage if necessary to ascertain its owner. (d) The Authority shall establish measures, with the cooperation of aircraft operator and airport operator, to expedite the inspection of crew members and their baggage, as required at departure and upon arrival.

Page 29- 39 of 39 1053 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 29 29.390 NATIONAL FACILITATION PROGRAMMES (a) The Authority shall develop, maintain and implement a National Air Transport Facilitation Programme (b) A National Air Transport Facilitation Committee and Airport Facilitation Committee shall be established under a Prime Minister’s Order for the purpose of coordinating facilitation activities between departments, agencies, and other organizations of the State concerned with, or responsible for, various aspects of civil aviation operations.

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APPENDIX A: FINES FOR BREACH OF REGULATIONS COLUMN I COLUMN 2 FINES (RWANDAN FRANCS)

SECTION PARTICULARS INDIVIDUAL CORPORATE 29.065,29.070,29.075 Failure to develop a security programme by an 1,000,000 1,500,000 29.080 operator as required by the law 29.105, 29.110 Failure to implement airport security access control 500,000 3,000,000 to security restricted areas 29.115 Breach of Security Restricted Areas & Airport 200,000 1,000,000 Security Permits rules and regulations 29.155 implementation of any renovation, remodeling or 1,000,000 3,000,000 expansion works at the airport, or the construction of new or additional airport facilities, without the approval of the Authority 29.160 Failure to keep record of every security incident 1,000,000 3,000,000 occurring at the airport. 29.165 Breach in security responsibilities of aircraft 1,000,000 3,000,000 operators

29.195 Breach of any condition for acceptance of goods for 500,000 1,000,000 air transportation 29.200 Breach of any condition for acceptance of baggage, 500,000 1,000,000 goods, COMAT & COMAIL for air transportation

29.210 failure to fulfill security responsibilities of catering 1,000,000 3,000,000 operators

29.215 Breach of any conditions for acceptance of catering 500,000 1,000,000 stores & supplies for air transportation

20.220 Failure to Protect Critical Information Technology & 1,000,000 3,000,000 Communication Systems

20.235 Mandatory Reporting 1,000,000 3,000,000

29.315 Failure to implement Narcotics Control Measures & 1,000,000 3,000,000 Procedures

End of RCAR Part 29

Page 29- 39 of 39 1055 Official Gazette no.Special of 27/07/2018

Bibonye kugira ngo bishyirwe ku mugereka Seen to be annexed to Ministerial Vu pour être annexé à l’Arrêté w’Iteka rya Minisitiri no04/CAB.M/018 ryo ku wa Order no04/CAB.M/018 of 24/07/2018 Ministériel no04/CAB.M/018 du 24/07/2018 rishyiraho amabwiriza ajyanye establishing civil aviation regulations 24/07/2018 établissant les règlements de n’iby’indege za gisivili l'aviation civile

Kigali, ku wa 24/07/2018 Kigali, on 24/07/2018 Kigali, le 24/07/2018

(sé) (sé) (sé) GATETE Claver GATETE Claver GATETE Claver Minisitiri w’Ibikorwa Remezo Minister of Infrastructure Ministre des Infrastructures

Bibonywe kandi bishyizweho Ikirango cya Seen and sealed with the Seal of the Vu et scellé du Sceau de la République: Repubulika: Republic:

(sé) (sé) (sé) BUSINGYE Johnston BUSINGYE Johnston BUSINGYE Johnston Minisitiri w’Ubutabera/ Intumwa Nkuru ya Leta Minister of Justice/ Attorney General Ministre de la Justice/ Garde des Sceaux

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UMUGEREKA WA 30 W’ITEKA RYA ANNEX 30 TO MINISTERIAL ORDER ANNEXE 30 D’ARRETE MINISTERIEL MINISITIRI No04/CAB.M/018 RYO KU WA No04/CAB.M/018 OF 24/07/2018 No04/CAB.M/018 DU 24/07/2018 24/07/2018 RISHYIRAHO AMABWIRIZA ESTABLISHING CIVIL AVIATION ETABLISSANT LES REGLEMENTS DE AJYANYE N’IBY’INDEGE ZA GISIVILI REGULATIONS L'AVIATION CIVILE

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Part 3O SAFETY MANAGEMENT REGULATIONS

SUBPART A: PRELIMINARY PROVISIONS ...... 3 30.001 CITATION ...... 3 30.005 INTERPRETATION ...... 3 30.010 APPLICATION ...... 5 SUBPART B: SAFETY MANAGEMENT RESPONSIBILITIES...... 5 30.015 SAFETY OVERSIGHT SYSTEM ...... 5 30.020 STATE SAFETY PROGRAMME (SSP) ...... 5 30.025 ENFORCEMENT POLICY ...... 6 30.030 STATE SYSTEM AND FUNCTIONS ...... 6 30.035 QUALIFIED TECHNICAL PERSONNEL ...... 6 30.040 TECHNICAL GUIDANCE, TOOLS AND PROVISION OF SAFETY-CRITICAL INFORMATION ...... 6 30.045 LICENSING, CERTIFICATION, AUTHORIZATION AND APPROVAL OBLIGATIONS ...... 6 30.050 SAFETY MANAGEMENT SYSTEM OBLIGATIONS ...... 6 30.055 ACCIDENT AND INCIDENT INVESTIGATION FOR SAFETY MANAGEMENT...... 7 30.060 HAZARD IDENTIFICATION AND SAFETY RISK ASSESSMENT ...... 7 30.065 MANAGEMENT OF SAFETY RISKS ...... 7 30.070 SURVEILLANCE OBLIGATIONS ...... 7 30.075 STATE SAFETY PERFORMANCE ...... 7 30.080 INTERNAL COMMUNICATION AND DISSEMINATION OF SAFETY INFORMATION ...... 8 30.085 EXTERNAL COMMUNICATION AND DISSEMINATION OF SAFETY INFORMATION ...... 8 SUBPART C: SAFETY MANAGEMENT SYSTEM (SMS) ...... 8 30.090 SMS BY SERVICE PROVIDERS...... 8 30.095 INTERNATIONAL GENERAL AVIATION — AEROPLANES ...... 9 SUBPART E: SAFETY DATA AND SAFETY INFORMATION COLLECTION, ANALYSIS, PROTECTION, SHARING AND EXCHANGE ...... 9 30.100 SAFETY DATA COLLECTION AND PROCESSING SYSTEMS ...... 9 30.105 SAFETY DATA AND SAFETY INFORMATION ANALYSIS ...... 9 30.110 SAFETY DATA AND SAFETY INFORMATION PROTECTION ...... 9 30.115 SAFETY INFORMATION SHARING AND EXCHANGE ...... 10

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SUBAPART E: GENERAL PROVISIONS ...... 10 30.120 CONSISTENCY OF QUALITY POLICY WITH SMS ...... 10 30.125 ADMINISTRATIVE SANCTIONS ...... 10 30.130 CONSEQUENTIAL AMMENDMENTS ...... 10 APPENDICES ...... 11 APPENDIX 1 TO 30.015: STATE SAFETY OVERSIGHT (SSO) SYSTEM CRITICAL ELEMENTS (CEs) ...... 11 APPENDIX 1 TO 30.090 : FRAMEWORK FOR A SAFETY MANAGEMENT SYSTEM (SMS) ...... 12 APPENDIX 1 TO 30.110: PRINCIPLES FOR THE PROTECTION OF SAFETY DATA, SAFETY INFORMATION AND RELATED SOURCES ...... 16

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SUBPART A: PRELIMINARY PROVISIONS

30.001 CITATION These Regulations may be cited as the Civil Aviation (Safety Management) Regulations.

30.005 INTERPRETATION In these Regulations, unless the context otherwise requires: Accident” means an occurrence associated with the operation of an aircraft which, in the case of a manned aircraft, takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, or in the case of an unmanned aircraft, takes place between the time the aircraft is ready to move with the purpose of flight until such time as it comes to rest at the end of the flight and the primary propulsion system is shut down, in which: a) a person is fatally or seriously injured as a result of: i) being in the aircraft, or ii) direct contact with any part of the aircraft, including parts which have become detached from the aircraft, or iii) direct exposure to jet blast, except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew; or b) the aircraft sustains damage or structural failure which: i) adversely affects the structural strength, performance or flight characteristics of the aircraft, and ii) would normally require major repair or replacement of the affected component, except for engine failure or damage, when the damage is limited to a single engine, (including its cowlings or accessories), to propellers, wing tips, antennas, probes, vanes, tires, brakes, wheels, fairings, panels, landing gear doors, windscreens, the aircraft skin (such as small dents or puncture holes), or for minor damages to main rotor blades, tail rotor blades, landing gear, and those resulting from hail or bird strike (including holes in the radome); or c) the aircraft is missing or is completely inaccessible. ” Acceptable Level of Safety Performance (ALoSP)” means the minimum level of safety performance of civil aviation in Rwanda, as defined in its State Safety Programme, or of a service provider, as defined in its safety management system, expressed in terms of safety performance targets and safety performance indicators. “Acceptable Performance” means normal expected behaviour and includes unintended errors and some minor violations or deviations; “Aeroplane” means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight. “Aircraft” means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface. “Authority” means the national institution in charge of civil aviation. “Hazard” means a condition or an object with the potential to cause or contribute to an aircraft accident or incident.

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“Helicopter” means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axes. “incident” means an occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect the safety of operation; “Industry Codes of Practice” means guidance material developed by an industry body, for a particular sector of the aviation industry to comply with the requirements of the International Civil Aviation Organization’s Standards and Recommended Practices, other aviation safety requirements and the best practices deemed appropriate. “large aeroplane” means an aeroplane with a maximum take-off weight of more than 5 700 kg; “mitigation” means measures to address the potential hazard or to reduce the risk probability or severity; “Operational Personnel” means Personnel such as flight crews; air traffic controllers; aeronautical station operators; maintenance technicians; personnel of aircraft design and manufacturing organizations; cabin crews; flight dispatchers, apron personnel and ground handling personnel, involved in aviation activities who are in a position to report safety information. “predictive” means capturing the system performance as it happens in real time normal operations so as to identify potential future problems;

“proactive” means actively identifying safety risks through the analysis of the organization’s activities. “reactive” means responding to events that have already happened such as incidents and accidents; “safety” means a state in which risks associated with aviation activities, related to, or in direct support of the operation of aircraft, are reduced and controlled to an acceptable level. “Safety data” means defined set of facts or set of safety values collected from various aviation-related sources, which is used to maintain or improve safety.

“Safety information” means Safety data processed, organized or analysed in a given context so as to make it useful for safety management purposes.

“safety management system (SMS)” means a systematic approach to managing safety, including the necessary organizational structures, accountabilities, responsibilities, policies and procedures. safety oversight” means a function performed by a State to ensure that individuals and organizations performing an aviation activity comply with safety-related national laws and regulations

“Safety performance” means a State or a service provider’s safety achievement as defined by its safety performance targets and safety performance indicators;

“Safety performance indicator” means a data-based parameter used for monitoring and assessing safety performance.

“Safety performance target” means the State or service provider’s planned or intended target for a safety performance indicator over a given period that aligns with the safety objectives.

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‘safety risk” means the predicted probability and severity of the consequences or outcomes of a hazard;

“Serious injury” means an injury which is sustained by a person in an accident and which:

a) requires hospitalization for more than 48 hours, commencing within seven days from the date the injury was received; or b) results in a fracture of any bone (except simple fractures of fingers, toes or nose); or c) involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage; or d) involves injury to any internal organ; or e) involves second or third degree burns, or any burns affecting more than 5 per cent of the body surface; or f) involves verified exposure to infectious substances or injurious radiation.

“State of Design” means the State having jurisdiction over the organization responsible for the type design; “State of Manufacture” means the State having jurisdiction over the organization responsible for the final assembly of the aircraft; “State of the Operator” means the State in which the operator’s principal place of business is located or, if there is no such place of business, the operator’s permanent residence;

“state safety programme (SSP)” means an integrated set of regulations and activities aimed at improving safety.

“Surveillance” means the State activities through which the State proactively verifies through inspections and audits that aviation licence, certificate, authorization or approval holders continue to meet the established requirements and function at the level of competency and safety required by the State.

30.010 APPLICATION (a) These Regulations shall apply to safety management functions related to, or in direct support of, the safe operation of aircraft. (b) Except where otherwise specified, these Regulations shall not apply to occupational safety, environmental protection, customer service or product quality.

SUBPART B: SAFETY MANAGEMENT RESPONSIBILITIES.

30.015 SAFETY OVERSIGHT SYSTEM The safety oversight system established under Chapter II Article 11 of the law establishing regulations governing civil aviation as amended shall be in accordance with the critical elements set out in Appendix 1 to 30.015.

30.020 STATE SAFETY PROGRAMME (SSP) (a)The Authority shall establish and maintain a State Safety Programme (SSP) that is commensurate with the size and complexity of Rwanda civil aviation system. (b) The Authority may delegate safety management-related functions and activities to another State, Regional Safety Oversight Organization (RSOO) or Regional Accident and Incident Investigation Organization (RAIO) as and when deemed necessary.

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30.025 ENFORCEMENT POLICY The Authority shall, pursuant to the provisions of the law establishing regulations governing civil aviation as amended establish an enforcement policy that specifies the conditions and circumstances under which service providers with an SMS are allowed to deal with, and resolve, events involving certain safety issues, internally, within the context of their SMS and to the satisfaction of the Authority.

30.030 STATE SYSTEM AND FUNCTIONS (a) The Authority shall establish a safety policy and safety objectives that reflect their commitment regarding safety and facilitate the promotion of a positive safety culture in the aviation community. (b) The safety policy and safety objectives should be published and periodically reviewed to ensure that they remain relevant and appropriate to the State

30.035 QUALIFIED TECHNICAL PERSONNEL The Authority shall establish requirements for the qualification of technical personnel performing safety- related functions for or on behalf of the State, in accordance with paragraph four in Appendix 1 to 30.015 to these regulations.

30.040 TECHNICAL GUIDANCE, TOOLS AND PROVISION OF SAFETY-CRITICAL INFORMATION The Authority shall establish technical guidance and tools and provide safety-critical information in accordance with paragraph five in Appendix 1 to 30.015 to these regulations.

30.045 LICENSING, CERTIFICATION, AUTHORIZATION AND APPROVAL OBLIGATIONS The Authority shall implement the licensing, certification, authorization and approval obligations in accordance with paragraph six in Appendix 1 to 30.015 to these regulations

30.050 SAFETY MANAGEMENT SYSTEM OBLIGATIONS (a) The Authority shall require that the following service providers implement an SMS: (1) approved training organizations certified in accordance with the [Civil Aviation (Approved Training Organizations) Regulations] that are exposed to safety risks related to aircraft operations during the provision of their services; (2) Operators of aeroplanes or helicopters authorized to conduct international commercial air transport in accordance with the Civil Aviation (Operation of Aircraft) regulations. (3) Approved maintenance organizations providing services to operators of aeroplanes or helicopters engaged in international commercial air transport, in accordance with [Civil Aviation (Operation of Aircraft) Regulations]; (4) Organizations responsible for the type design or manufacture of aircraft, engines or propellers in accordance with the civil aviation (Airworthiness) regulations; (5) Air traffic services (ATS) providers certificated in accordance with the [Civil Aviation (Air Navigation Services) Regulations]; and (6) Operators of aerodromes certified in accordance with the [Civil Aviation (Aerodromes) Regulations]. (b) When maintenance activities are not conducted by an approved maintenance organization, but under an equivalent system, they shall be included in the scope of the operator’s SMS. in accordance with the [Civil Aviation (Operation of Aircraft) Regulations], (c)The service providers and operators shall establish safety performance indicators and targets that are acceptable to the Authority.

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(d) The Authority shall establish criteria for international general aviation operators of large or turbojet aeroplanes registered in Rwanda in accordance with civil aviation (Operation of aircraft) regulations, to Implement an SMS. (e) The criteria established by the Authority in accordance with sub regulation (d) shall address the SMS framework and elements contained in Appendix 1 to 30.090 to these regulations. (f) The serivce provider shall be responsible for the safety of services or products contracted or subcontracted to, or purchased from, other organizations.

30.055 ACCIDENT AND INCIDENT INVESTIGATION FOR SAFETY MANAGEMENT. The Rwanda Aircraft Accident investigation department shall establish a process to investigate accidents and incidents in accordance with the [Civil Aviation (Accidents and Incidents investigation) Regulations], in support of the management of safety in Rwanda.

30.060 HAZARD IDENTIFICATION AND SAFETY RISK ASSESSMENT The Authority shall: (a) establish and maintain a process to identify hazards from collected safety data, and (b) develop and maintain a process that ensures the assessment of safety risks associated with identified hazards is conducted.

30.065 MANAGEMENT OF SAFETY RISKS The Authority shall: (a) establish mechanisms for the resolution of safety issues in accordance with paragraph eight in Appendix 1 to 30.015 to these regulations, and

(b) develop and maintain a process to manage safety risks.

30.070 SURVEILLANCE OBLIGATIONS (a) The Authority shall meet the surveillance obligations in accordance with the seventh paragraph in Appendix 1 to 30.015 to these regulations. (b) The surveillance of the service provider shall take into consideration the safety performance as well as the size and complexity of its aviation products or services. (c) The Authority shall establish procedures to prioritize inspections, audits and surveys towards those areas of greater safety concern or need.

(d) The Authority shall review the safety performance of an individual service provider annually.

30.075 STATE SAFETY PERFORMANCE (a) The Authority shall establish an Acceptable Level of Safety Performance to be achieved through the SSP. (b) The Authority shall develop and maintain a process to evaluate the effectiveness of actions taken to manage safety risks and resolve safety issues.

(c) The Authority shall evaluate the effectiveness of its SSPs to maintain or continuously improve their overall level of safety performance.

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30.080 INTERNAL COMMUNICATION AND DISSEMINATION OF SAFETY INFORMATION The Authority shall promote safety awareness and the sharing and exchange of safety information to support, within the [Rwanda aviation organizations], the development of a positive safety culture that fosters an effective SSP.

30.085 EXTERNAL COMMUNICATION AND DISSEMINATION OF SAFETY INFORMATION The Authority shall promote safety awareness and the sharing and exchange of safety information with the aviation community to foster the maintenance and improvement of safety and to support the development of a positive safety culture.

SUBPART C: SAFETY MANAGEMENT SYSTEM (SMS)

30.090 SMS BY SERVICE PROVIDERS. (a) The SMS of a service provider shall: (1) be established in accordance with the framework elements contained in Appendix 1 to 30.090 to these regulations; and (2) be commensurate with the size and complexity of the service provider’s aviation products or Services. (b) The Authority shall ensure that the service provider develops a plan to facilitate SMS implementation. (c) The SMS of an approved training organization, in accordance with the [Civil Aviation (Approved Training Organizations) Regulations], that is exposed to safety risks related to aircraft operations during the provision of its services shall be made acceptable to the Authority. (d) The SMS of a certified operator of aeroplanes or helicopters authorized to conduct international commercial air transport, in accordance with the Civil Aviation (Operation of Aircraft) regulations, shall be made acceptable to the State of the Operator. (e) The SMS of an approved maintenance organization providing services to operators of aeroplanes or helicopters engaged in international commercial air transport, in accordance with the Civil Aviation (Operation of Aircraft) Regulations, shall be made acceptable to the Authority. (f) The SMS of an organization responsible for the type design of aircraft, engines or propellers, in accordance with the civil aviation (Airworthiness) regulations, shall be made acceptable to the State of Design. (g) The SMS of an organization responsible for the manufacture of aircraft, engines or propellers, in accordance with the civil aviation (Airworthiness) regulations, shall be made acceptable to the State of Manufacture. (h) The SMS of an ATS provider, in accordance with the civil aviation (Air Navigation Services) regulations, shall be made acceptable to Authority.

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(i) The SMS of an operator of a certified aerodrome, in accordance with the civil aviation (Aerodromes) regulations, shall be made acceptable to the Authority.

30.095 INTERNATIONAL GENERAL AVIATION — AEROPLANES (a) An international general aviation operator of large aeroplane or turbojet aeroplane, shall establish and implement a Safety Management System acceptable to the Authority (b) The SMS of an international general aviation operator, conducting operations of large or turbojet aeroplanes, in accordance with the [Civil Aviation (Operation of Aircraft) Regulations], shall: (1) be established commensurate with the size and complexity of the operation and meet the criteria established by the State of Registry.

(2) address the SMS framework and elements contained in the Appendix 1 to 30.090.

SUBPART E: SAFETY DATA AND SAFETY INFORMATION COLLECTION, ANALYSIS, PROTECTION, SHARING AND EXCHANGE

30.100 SAFETY DATA COLLECTION AND PROCESSING SYSTEMS (a)The Authority shall establish Safety Data Collection And Processing Systems (SDCPS) to capture, store, aggregate and enable the analysis of safety data and safety information. (b) The Authority shall establish a mandatory safety reporting system that includes the reporting of incidents. (c) The Authority shall establish a voluntary safety reporting system to collect safety data and safety information not captured by mandatory safety reporting systems. (d) The Authority and the [Aircraft Accident Investigation Department] shall have access to the Safety Data Collection and Processing Systems as referenced in sub regulation (a) to support their safety responsibilities, in accordance with the principles in the Appendix 1 to 30.110 to these regulations. (e) The safety database shall use standardized taxonomy to facilitate safety information sharing and exchange.

30.105 SAFETY DATA AND SAFETY INFORMATION ANALYSIS The Authority shall establish and maintain a process to analyse the safety data and safety information from the SDCPS and associated safety databases.

30.110 SAFETY DATA AND SAFETY INFORMATION PROTECTION (a) The Authority shall accord protection to safety data captured by, and safety information derived from, voluntary safety reporting systems and related sources, such as individuals and organizations, in accordance with the Appendix 1 to 30.110 to these regulations. (b) The Authority shall extend the protection referred to in sub regulation (a) to safety data captured by, and safety information derived from, mandatory safety reporting system and related sources. (c) Subject to sub regulations (a) and (b) the Authority shall not make available or use safety data or safety information collected, stored or analysed in accordance with these regulations for purposes other than

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maintaining or improving safety, unless the competent authority determines, in accordance with the Appendix 1 to 30.110 to these regulations that a principle of exception applies.

(d) Notwithstanding sub regulation (c), the Authority shall not be prevented from using safety data or safety information to take any preventive, corrective or remedial action that is necessary to maintain or improve aviation safety. (e) The Authority shall take necessary measures, including the promotion of a positive safety culture, to encourage safety reporting by the service providers/operators to achieve their safety objectives.

30.115 SAFETY INFORMATION SHARING AND EXCHANGE (a) Where the Authority, in the analysis of the information contained in its SDCPS, identifies safety matters considered to be of interest to other States, the Authority shall forward such safety information to them as soon as possible. (b) Prior to sharing the information in sub regulation (a), the States shall agree on the level of protection and conditions on which safety information shall be shared and exchanged. (c) The level of protection and conditions shall be in line with the Appendix 1 to 30.110 to these regulations. (d) The Authority shall promote the establishment of safety information sharing or exchange networks among users of the aviation system, and shall facilitate the sharing and exchange of safety information, unless national aviation law provides otherwise.

SUBAPART E: GENERAL PROVISIONS

30.120 CONSISTENCY OF QUALITY POLICY WITH SMS A service provider shall ensure that the organization’s quality policy is consistent with, and supports the fulfilment of the activities of the SMS.

30.125 ADMINISTRATIVE SANCTIONS A person who fails to comply with the provisions of these Regulations, is liable to [administrative measures] as may be prescribed in the law or these Regulations.

30.130 CONSEQUENTIAL AMMENDMENTS (a) The Regulations are amended by deletion of the respective regulation as may be deemed necessary.

(b) Notwithstanding sub regulation (a) any acts done under the amended regulations shall be continued as if they were instituted under these regulations.

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APPENDICES APPENDIX 1 TO 30.015: STATE SAFETY OVERSIGHT (SSO) SYSTEM CRITICAL ELEMENTS (CEs)

1.Primary Aviation Legislation (CE-1) 1.1 States shall promulgate a comprehensive and effective aviation law, commensurate with the size and complexity of their aviation activity and consistent with the requirements contained in the Convention on International Civil Aviation, to enable the oversight and management of civil aviation safety and the enforcement of regulations through the relevant authorities or agencies established for that purpose. Note.— This includes ensuring that the aviation law remains relevant and appropriate to the State. 1.2 The aviation law shall provide personnel performing safety oversight functions access to the aircraft, operations, facilities, personnel and associated records, as applicable, of individuals and organizations performing an aviation activity. 2.Specific Operating Regulations (CE-2) States shall promulgate regulations to address, at a minimum, national requirements emanating from the primary aviation legislation, for standardized operational procedures, products, services, equipment and infrastructures in conformity with the Annexes to the Convention on International Civil Aviation. 3.State system and functions (CE-3) 3.1 States shall establish relevant authorities or agencies, as appropriate, supported by sufficient and qualified personnel and provided with adequate financial resources for the management of safety. 3.2 States authorities or agencies shall have stated safety functions and objectives to fulfil their safety management responsibility. This includes the participation of the State aviation organizations in specific activities related to the management of safety in the State, and the establishment of the roles, responsibilities and relationships of such organizations. 3.3 The Authority should take necessary measures, such as remuneration and conditions of service, to ensure that qualified personnel performing safety oversight functions are recruited and retained 3.4 States shall ensure that personnel performing safety oversight functions are provided with guidance that addresses ethics, personal conduct and the avoidance of actual or perceived conflicts of interest in the performance of official duties. 3.5 The Authority should use a methodology to determine their staffing requirements for personnel performing safety oversight functions, taking into account the size and complexity of the aviation activities in their State. 4. Qualified technical personnel (CE-4) 4.1 States shall establish minimum qualification requirements for the technical personnel performing safety-related functions and provide for appropriate initial and recurrent training to maintain and enhance their competence at the desired level. 4.2 States shall implement a system for the maintenance of training records for technical personnel.

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5. Technical guidance, tools and provision of safety-critical information (CE-5) 5.1 States shall provide appropriate facilities, comprehensive and up-to-date technical guidance material and procedures, safety-critical information, tools and equipment, and transportation means, as applicable, to the technical personnel to enable them to perform their safety oversight functions effectively and in accordance with established procedures in a standardized manner. 5.2 States shall provide technical guidance to the aviation industry on the implementation of relevant regulations. 6. Licensing, certification, authorization and approval obligations (CE-6) States shall implement documented processes and procedures to ensure that individuals and organizations performing an aviation activity meet the established requirements before they are allowed to exercise the privileges of a licence, certificate, authorization or approval to conduct the relevant aviation activity. 7.Surveillance obligations (CE-7) States shall implement documented surveillance processes, by defining and planning inspections, audits and monitoring activities on a continuous basis, to proactively assure that aviation licence, certificate, authorization and approval holders continue to meet the established requirements. This includes the surveillance of personnel designated by the Authority to perform safety oversight functions on its behalf. 8. Resolution of safety issues (CE-8) 8.1 States shall use a documented process to take appropriate actions, up to and including enforcement measures, to resolve identified safety issues. 8.2 States shall ensure that identified safety issues are resolved in a timely manner through a system which monitors and records progress, including actions taken by individuals and organizations performing an aviation activity in resolving such issues.\

APPENDIX 1 TO 30.090 : FRAMEWORK FOR A SAFETY MANAGEMENT SYSTEM (SMS) This Appendix specifies the framework for the implementation and maintenance of an SMS. The framework comprises four components and twelve elements as the minimum requirements for SMS implementation 1.Safety policy and objectives 1.1 Management commitment 1.2 Safety accountability and responsibilities 1.3 Appointment of key safety personnel 1.4 Coordination of emergency response planning 1.5 SMS documentation

2. Safety risk management 2.1 Hazard identification 2.2 Safety risk assessment and mitigation

3. Safety assurance 3.1Safety performance monitoring and measurement 3.2 The management of change 3.3 Continuous improvement of the SMS

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4. Safety promotion 4.1 Training and education 4.2 Safety communication

1.SAFETY POLICY AND OBJECTIVES 1.1 Management commitment 1.1.1 The service provider shall define its safety policy in accordance with international and national requirements. The safety policy shall: a) reflect organizational commitment regarding safety, including the promotion of a positive safety culture; b) include a clear statement about the provision of the necessary resources for the implementation of the safety policy; c) include safety reporting procedures; d) clearly indicate which types of behaviours are unacceptable related to the service provider’s aviation activities and include the circumstances under which disciplinary action would not apply; e) be signed by the accountable executive of the organization; f) be communicated, with visible endorsement, throughout the organization; and g) be periodically reviewed to ensure it remains relevant and appropriate to the service provider. 1.1.2 Taking due account of its safety policy, the service provider shall define safety objectives. The safety objectives shall: a) form the basis for safety performance monitoring and measurement as required by 3.1.2; b) reflect the service provider’s commitment to maintain or continuously improve the overall effectiveness of the SMS; c) be communicated throughout the organization; and d) be periodically reviewed to ensure they remain relevant and appropriate to the service provider. 1.2 Safety accountability and responsibilities The service provider shall: a) identify the accountable executive who, irrespective of other functions, is accountable on behalf of the organization for the implementation and maintenance of an effective SMS; b) clearly define lines of safety accountability throughout the organization, including a direct accountability for safety on the part of senior management;

1070 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 30 c) identify the responsibilities of all members of management, irrespective of other functions, as well as of employees, with respect to the safety performance of the organization; d) document and communicate safety accountability, responsibilities and authorities throughout the organization; and e) define the levels of management with authority to make decisions regarding safety risk tolerability. 1.3 Appointment of key safety personnel The service provider shall appoint a safety manager who is responsible for the implementation and maintenance of the SMS. Depending on the size of the service provider and the complexity of its aviation products or services, the responsibilities for the implementation and maintenance of the SMS may be assigned to one or more persons, fulfilling the role of safety manager, as their sole function or combined with other duties, provided these do not result in any conflicts of interest. 1.4 Coordination of emergency response planning The service provider required to establish and maintain an emergency response plan for accidents and incidents in aircraft operations and other aviation emergencies shall ensure that the emergency response plan is properly coordinated with the emergency response plans of those organizations it must interface with during the provision of its products and services. 1.5 SMS documentation 1.5.1 The service provider shall develop and maintain an SMS manual that describes its: a) safety policy and objectives; b) SMS requirements; c) SMS processes and procedures; and d) accountability, responsibilities and authorities for SMS processes and procedures. 1.5.2 The service provider shall develop and maintain SMS operational records as part of its SMS documentation. Depending on the size of the service provider and the complexity of its aviation products or services, the SMS manual and SMS operational records may be in the form of stand- alone documents or may be integrated with other organizational documents (or documentation) maintained by the service provider.

2. Safety risk management

2.1 Hazard identification 2.1.1 The service provider shall develop and maintain a process to identify hazards associated with its aviation products or services.

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2.1.2 Hazard identification shall be based on a combination of reactive and proactive methods. 2.2 Safety risk assessment and mitigation

The service provider shall develop and maintain a process that ensures analysis, assessment and control of the safety risks associated with identified hazards. The process may include predictive methods of safety data analysis.

3. Safety assurance 3.1 Safety performance monitoring and measurement 3.1.1 The service provider shall develop and maintain the means to verify the safety performance of the organization and to validate the effectiveness of safety risk controls. 3.1.2 The service provider’s safety performance shall be verified in reference to the safety performance indicators and safety performance targets of the SMS in support of the organization’s safety objectives. 3.2 The management of change The service provider shall develop and maintain a process to identify changes which may affect the level of safety risk associated with its aviation products or services and to identify and manage the safety risks that may arise from those changes. 3.3 Continuous improvement of the SMS The service provider shall monitor and assess its SMS processes to maintain or continuously improve the overall effectiveness of the SMS. 4. Safety promotion

4.1 Training and education 4.1.1 The service provider shall develop and maintain a safety training programme that ensures that personnel are trained and competent to perform their SMS duties. 4.1.2 The scope of the safety training programme shall be appropriate to each individual’s involvement in the SMS. 4.2 Safety communication The service provider shall develop and maintain a formal means for safety communication that: a) ensures personnel are aware of the SMS to a degree commensurate with their positions; b) conveys safety-critical information; c) explains why particular actions are taken to improve safety; and d) explains why safety procedures are introduced or changed.

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APPENDIX 1 TO 30.110: PRINCIPLES FOR THE PROTECTION OF SAFETY DATA, SAFETY INFORMATION AND RELATED SOURCES

1. General principles 1.1 States shall, through national laws, regulations and policies protecting safety data, safety information and related sources, ensure that: a) a balance is struck between the need for the protection of safety data, safety information and related sources to maintain or improve aviation safety, and the need for the proper administration of justice; b) safety data, safety information and related sources are protected in accordance with this appendix; c) the conditions under which safety data, safety information and Related sources qualify for protection are specified; and d) safety data and safety information remain available for the purpose of maintaining or improving aviation safety. 1.2 When an investigation under Annex 13 has been instituted, accident and incident investigation records listed in 5.12 of Annex 13 shall be subject to the protections accorded therein instead of the protections accorded by this Annex. 2.Principles of protection 2.1 States shall ensure that safety data or safety information is not used for: a) disciplinary, civil, administrative and criminal proceedings against employees, operational personnel or organizations; b) disclosure to the public; or c) any purposes other than maintaining or improving safety;unless a principle of exception applies.

2.2 States shall accord protection to safety data, safety information and related sources by ensuring that: a) the protection is specified based on the nature of safety data and safety information; b) a formal procedure to provide protection to safety data, safety information and related sources is established; c) safety data and safety information will not be used in a way different from the purposes for which they were collected, unless a principle of exception applies; and d) to the extent that a principle of exception applies, the use of safety data and safety information in disciplinary, civil, administrative and criminal proceedings will be carried out only under authoritative safeguards. 3.Principles of exception Exceptions to the protection of safety data, safety information and related sources shall only be granted when the competent authority:

1073 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 30 a) determines that there are facts and circumstances reasonably indicating that the occurrence may have been caused by an act or omission considered, in accordance with national laws, to be conduct constituting gross negligence, wilful misconduct or criminal activity; b) after reviewing the safety data or safety information, determines that its release is necessary for the proper administration of justice, and that the benefits of its release outweigh the adverse domestic and international impact such release is likely to have on the future collection and availability of safety data and safety information; or c) after reviewing the safety data or safety information, determines that its release is necessary for maintaining or improving safety, and that the benefits of its release outweigh the adverse domestic and international impact such release is likely to have on the future collection and availability of safety data and safety information.

4. Public disclosure 4.1 States that have right-to-know laws shall, in the context of requests made for public disclosure, create exceptions from public disclosure to ensure the continued confidentiality of voluntarily supplied safety data and safety information. 4.2 Where disclosure is made in accordance with section 3, States shall ensure that: a) public disclosure of relevant personal information included in the safety data or safety information complies with applicable privacy laws; or b) public disclosure of the safety data or safety information is made in a de-identified, summarized or aggregate form.

5. Responsibility of the custodian of safety data and safety information States shall ensure that each SDCPS has a designated custodian to apply the protection to safety data and safety information in accordance with applicable provisions of this appendix. The custodian may refer to an individual or organization.

6. Protection of recorded data 6.1 States shall, through national laws and regulations, provide specific measures of protection regarding the confidentiality and access by the public to ambient workplace recordings. 6.2 States shall, through national laws and regulations, treat ambient workplace recordings required by national laws and regulations as privileged protected data subject to the principles of protection and exception as provided for in this appendix.

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End of RCAR Part 30

1076 Official Gazette no.Special of 27/07/2018

Bibonye kugira ngo bishyirwe ku mugereka Seen to be annexed to Ministerial Vu pour être annexé à l’Arrêté w’Iteka rya Minisitiri no04/CAB.M/018 ryo ku wa Order no04/CAB.M/018 of 24/07/2018 Ministériel no04/CAB.M/018 du 24/07/2018 rishyiraho amabwiriza ajyanye establishing civil aviation regulations 24/07/2018 établissant les règlements de n’iby’indege za gisivili l'aviation civile

Kigali, ku wa 24/07/2018 Kigali, on 24/07/2018 Kigali, le 24/07/2018

(sé) (sé) (sé) GATETE Claver GATETE Claver GATETE Claver Minisitiri w’Ibikorwa Remezo Minister of Infrastructure Ministre des Infrastructures

Bibonywe kandi bishyizweho Ikirango cya Seen and sealed with the Seal of the Vu et scellé du Sceau de la République: Repubulika: Republic:

(sé) (sé) (sé) BUSINGYE Johnston BUSINGYE Johnston BUSINGYE Johnston Minisitiri w’Ubutabera/ Intumwa Nkuru ya Leta Minister of Justice/ Attorney General Ministre de la Justice/ Garde des Sceaux

1077 Official Gazette no.Special of 27/07/2018

UMUGEREKA WA 31 W’ITEKA RYA ANNEX 31 TO MINISTERIAL ORDER ANNEXE 31 D’ARRETE MINISTERIEL MINISITIRI No04/CAB.M/018 RYO KU WA No04/CAB.M/018 OF 24/07/2018 No04/CAB.M/018 DU 24/07/2018 24/07/2018 RISHYIRAHO AMABWIRIZA ESTABLISHING CIVIL AVIATION ETABLISSANT LES REGLEMENTS DE AJYANYE N’IBY’INDEGE ZA GISIVILI REGULATIONS L'AVIATION CIVILE

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Part 31 Aeronautical Charts



SUBPART A: GENERAL ...... 4 31.001 APPLICABILITY ...... 4 31.005 DEFINITIONS ...... 4 31.010 ABBREVIATIONS & ACRONYMS ...... 10 31.015 ISSUE OF RWANDA CIVIL AVIATION TECHNICAL STANDARDS – AERONAUTICAL CHARTS ... 10 31.020 AVAILABILITY ...... 10

SUBPART B: CERTIFICATION REQUIREMENTS ...... 11 31.025 REQUIREMENT FOR CERTIFICATE ...... 11 31.030 APPLICATION FOR CERTIFICATE ...... 11 31.035 ISSUE OF CERTIFICATE...... 11 31.040 PRIVILEGES OF CERTIFICATE HOLDER ...... 11 31.045 DURATION OF CERTIFICATE ...... 11 31.050 RENEWAL OF CERTIFICATE ...... 12 31.055 AERONAUTICAL CARTOGRAPHY SERVICE ORGANIZATION MANUAL OF OPERATIONS .... 12 31.060 TRAINING PLAN ...... 12 31.065 AMENDMENT OF CERTIFICATE & MANUAL OF OPERATIONS ...... 12

SUBPART C: GENERAL SPECIFICATIONS ...... 13 31.070 OPERATIONAL REQUIREMENTS FOR CHARTS ...... 13 31.075 TITLES ...... 13 31.080 MISCELLANEOUS I N F O R M A T I O N ...... 13 31.085 SYMBOLS ...... 14 31.090 UNITS OF MEASUREMENT ...... 14 31.095 SCALE & PROJECTION ...... 14 31.100 DATE OF VALIDITY OF AERONAUTICAL INFORMATION ...... 14 31.105 SPELLING OF GEOGRAPHICAL NAMES ...... 14 31.110 ABBREVIATIONS ...... 15 31.115 POLITICAL BOUNDARIES ...... 15 31.120 COLOURS ...... 15 31.125RELIEF ...... 15 31.130 PROHIBITED, RESTRICTED & DANGER A R E A S ...... 15 31.135 AIR TRAFFIC SERVICES AIRSPACES ...... 15 31.140 MAGNETIC VARIATION ...... 15 31.145 AERONAUTICAL DATA ...... 16 31.150 HORIZONTAL REFERENCE SYSTEM ...... 16 31.155 VERTICAL REFERENCE SYSTEM ...... 16 31.160 TEMPORAL REFERENCE SYSTEM ...... 17 31.165 CHARTS TO BE PUBLISHED ...... 17 31.170 USE OF AUTOMATION IN AERONAUTICAL CHARTING ...... 17

SUBPART D: CHARTS ...... 17

Page 31-1 of 23 1079 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 31 31.175 AERODROME OBSTACLE CHART – ICAO TYPE A ...... 17 31.180 AERODROME OBSTACLE CHART – ICAO TYPE B ...... 18 31.185 AERODROME TERRAIN & OBSTACLE CHART – ICAO ( ELECTRONIC) ...... 18 31.190 PRECISION APPROACH TERRAIN CHART – ICAO ...... 18 31.195 EN-ROUTE CHART – ICAO ...... 18 31.200 AREA CHART – ICAO ...... 18 31.205 STANDARD DEPARTURE CHART – INSTRUMENT (SID) – ICAO ...... 18 31.210 STANDARD ARRIVAL CHART – INSTRUMENT (STAR) – ICAO ...... 18 31.215 INSTRUMENT APPROACH CHART – ICAO ...... 19 31.220 VISUAL APPROACH CHART – ICAO ...... 19 31.225 AERODROME/ HELIPORT CHART – ICAO ...... 19 31.230 AERODROME GROUND MOVEMENT CHART – ICAO...... 19 31.235 AIRCRAFT PARKING/ DOCKING CHART – ICAO ...... 19 31.240 WORLD AERONAUTICAL CHART – ICAO 1:1 000 000 ...... 19 31.245 AERONAUTICAL CHART – ICAO 1:500 000 ...... 20 31.250 AERONAUTICAL NAVIGATION CHART – ICAO SMALL SCALE ...... 20 31.255 PLOTTING CHART – ICAO ...... 20 31.260 ELECTRONIC AERONAUTICAL CHART DISPLAY – ICAO...... 20 31.265 ATC SURVEILLANCE MINIMUM ALTITUDE CHART – ICAO ...... 20

SUBPART E: SAFETY OVERSIGHT OF AERONAUTICAL CARTOGRAPHY SERVICES ...... 20 31.270 SAFETY OVERSIGHT FUNCTION ...... 20 31.275 VERIFICATION OF COMPLIANCE WITH SAFETY REGULATORY REQUIREMENTS ...... 20 31.280 SAFETY REGULATORY AUDITS ...... 21 31.285 CORRECTIVE ACTIONS ...... 21 31.290 SAFETY OVERSIGHT OF CHANGES TO FUNCTIONAL SYSTEMS ...... 22

SUBPART F: ADMINISTRATIVE FINES ...... 22 31.295 ADMINISTRATIVE FINES ...... 22

APPENDIX ...... 22 Appendix 1 to 295 ...... 22

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SUBPART A: GENERAL

31.001 APPLICABILITY (a) These Regulations may be cited as the Civil Aviation (Aeronautical Charts) Regulations. (b) These Regulations shall apply to organization and persons providing an aeronautical cartographic service within designated airspaces and at aerodromes for civil aviation purposes in Rwanda. (c) No entity shall provide an aeronautical cartographic service unless such organization has been certificated to do so by the Authority in accordance with Subpart B of these Regulations. (d) The Civil Aviation Technical Standards (Aeronautical Charts) published by the Authority are applicable to the provision of aeronautical charts for operations in the airspace of Rwanda.

31.005 DEFINITIONS (a) For the purpose of this Part, the following definitions shall apply— Aerodrome. A defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft; Aerodrome elevation. The elevation of the highest point of the landing area; Aerodrome operating minima. The limits of usability of an aerodrome for— (i) take-off, expressed in terms of runway visual range and/or visibility and, if necessary, cloud conditions; (ii) landing in precision approach and landing operations, expressed in terms of visibility and/or runway visual range and decision altitude/height (DA/H) as appropriate to the category of the operation; (iii) landing in approach and landing operations with vertical guidance, expressed in terms of visibility and/or runway visual range and decision altitude/height (DA/H); and (iv) landing in non-precision approach and landing operations, expressed in terms of visibility and/or runway visual range, minimum descent altitude/height (MDA/H) and, if necessary, cloud conditions; Aerodrome reference point. The designated geographical location of an aerodrome; Aeronautical chart. A representation of a portion of the Earth, its culture and relief, specifically designated to meet the requirements of air navigation; Aircraft stand. A designated area on an apron intended to be used for parking an aircraft; Air defence identification zone. Special designated airspace of defined dimensions within which aircraft are required to comply with special identification and/or reporting procedures additional to those related to the provision of air traffic services (ATS); Air traffic service. A generic term meaning variously, flight information service, alerting service, air traffic advisory service, air traffic control service (area control service, approach control service or aerodrome control service); Air transit route. A defined route for the air transiting of helicopters; Airway. A control area or portion thereof established in the form of a corridor; Altitude. The vertical distance of a level, a point or an object considered as a point, measured from mean sea level (MSL); Application. manipulation and processing of data in support of user requirements (ISO 19104*); Apron. A defined area, on a land aerodrome, intended to accommodate aircraft for purposes of loading or unloading passengers, mail or cargo, fuelling, parking or maintenance.

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Area minimum altitude (AMA). The minimum altitude to be used under instrument meteorological conditions (IMC), which provides a minimum obstacle clearance within a specified area, normally formed by parallels and meridians; Area navigation (RNAV). A method of navigation which permits aircraft operation on any desired flight path within the coverage of ground- or space-based navigation aids or within the limits of the capability of self-contained aids, or a combination of these; Arrival routes. Routes identified in an instrument approach procedure by which aircraft may proceed from the en-route phase of flight to an initial approach fix; ATS route. A specified route designed for channeling the flow of traffic as necessary for the provision of air traffic services; ATS surveillance system. A generic term meaning variously, ADS-B, PSR, SSR or any comparable ground-based system that enables the identification of aircraft; Bare Earth. surface of the Earth including bodies of water and permanent ice and snow, and excluding vegetation and man-made objects; Calendar. discrete temporal reference system that provides the basis for defining temporal position to a resolution of one day (ISO 19108*); Canopy. Bare Earth supplemented by vegetation height. Change-over point. The point at which an aircraft navigating on an ATS route segment defined by reference to very high frequency omni directional radio ranges is expected to transfer its primary navigational reference from the facility behind the aircraft to the next facility ahead of the aircraft; Clearway. A defined rectangular area on the ground or water under the control of the appropriate authority selected or prepared as a suitable area over which an aeroplane may make a portion of its initial climb to a specified height. Contour line. A line on a map or chart connecting points of equal elevation. Specified times; Data product specification. Detailed description of a data set or data set series together with additional information that will enable it to be created, supplied to and used by another party (ISO 19131*); Data quality. A degree or level of confidence that the data provided meets the requirements of the data user in terms of accuracy, resolution and integrity (or equivalent assurance level), traceability, timeliness, completeness and format. Data Resolution. A number of units or digits to which a measured or calculated value is expressed and used Data set. Identifiable collection of data (ISO 19101*); Data set series. Collection of data sets sharing the same product specification (ISO 19115*); Datum. Any quantity or set of quantities that may serve as a reference or basis for the calculation of other quantities (ISO 19104*); Digital Elevation Model (DEM). The representation of terrain surface by continuous elevation values at all intersections of a defined grid, referenced to common datum; Displaced threshold. A threshold not located at the extremity of a runway; Electronic aeronautical chart display. An electronic device by which flight crews are enabled to execute, in a convenient and timely manner, route planning, route monitoring and navigation by displaying required information; Elevation. The vertical distance of a point or a level, on or affixed to the surface of the earth, measured from mean sea level; Ellipsoid height (Geodetic height). The height related to the reference ellipsoid, measured along the ellipsoidal outer normal through the point in question; Feature. Abstraction of real world phenomena (ISO 19101*); Feature attribute. Characteristic of a feature (ISO 19101*); Final approach. That part of an instrument approach procedure which commences at the specified final approach fix or point, or where such a fix or point is not specified— (i) at the end of the last procedure turn, base turn or inbound turn of a racetrack procedure, if specified; or Page 31-5 of 23 1083 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 31

(ii) at the point of interception of the last track specified in the approach procedure; and (iii) ends at a point in the vicinity of an aerodrome from which— (iv) a landing can be made; or (v) a missed approach procedure is initiated; Final approach and take-off area (FATO). A defined area over which the final phase of the approach manoeuvre to hover or landing is completed and from which the take-off manoeuvre is commenced. Where the FATO is to be used by performance Class 1 helicopters, the defined area includes the rejected take-off area available; Final approach fix or point. That fix or point of an instrument approach procedure where the final approach segment commences; Final approach segment. That segment of an instrument approach procedure in which alignment and descent for landing are accomplished; Flight information region. an airspace of defined dimensions within which flight information service and alerting service are provided; Flight level. A surface of constant atmospheric pressure which is related to a specific pressure datum, 1 013.2 hectopascals (hPa), and is separated from other such surfaces by specific pressure intervals; Geodesic distance. The shortest distance between any two points on a mathematically defined ellipsoidal surface; Geodetic datum. A minimum set of parameters required to define location and orientation of the local reference system with respect to the global reference system/frame; Geoid. The equipotential surface in the gravity field of the Earth which coincides with the undisturbed mean sea level (MSL) extended continuously through the continents; Geoid undulation. The distance of the geoid above (positive) or below (negative) the mathematical reference ellipsoid; Glide path. A descent profile determined for vertical guidance during a final approach; Gregorian calendar. Calendar in general use; first introduced in 1582 to define a year that more closely approximates the tropical year than the Julian calendar (ISO 19108*); Height. The vertical distance of a level, point or an object considered as a point, measured from a specific datum; Helicopter stand. an aircraft stand which provides for parking a helicopter and where ground taxi operations are completed or where the helicopter touches down and lifts off for air taxi operations; Heliport. An aerodrome or a defined area on a structure intended to be used wholly or in part for the arrival, departure and surface movement of helicopters; Holding procedure. A predetermined manoeuvre which keeps an aircraft within a specified airspace while awaiting further clearance; Hot spot. A location on an aerodrome movement area with a history or potential risk of collision or runway incursion, and where heightened attention by pilots/drivers is necessary; Human Factors principles. Principles which apply to aeronautical design, certification, training, operations and maintenance and which seek safe interface between the human and other system components by proper consideration to human performance; Hypsometric tints. A succession of shades or colour gradations used to depict ranges of elevation; Initial approach segment. That segment of an instrument approach procedure between the initial approach fix and the intermediate approach fix or, where applicable, the final approach fixes or point; Instrument approach procedure. A series of predetermined manoeuvres by reference to flight instruments with specified protection from obstacles from the initial approach fix, or where applicable, from the beginning of a defined arrival route to a point from which a landing can be

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completed and thereafter, if a landing is not completed, to a position at which holding or en-route obstacle clearance criteria apply; Integrity classification (aeronautical data). Classification based upon the potential risk resulting from the use of corrupted data. Aeronautical data is classified as— (i) routine data: there is a very low probability when using corrupted routine data that the continued safe flight and landing of an aircraft would be severely at risk with the potential for catastrophe; (ii) essential data: there is a low probability when using corrupted essential data that the continued safe flight and landing of an aircraft would be severely at risk with the potential for catastrophe; (iii) critical data: there is a high probability when using corrupted critical data that the continued safe flight and landing of an aircraft would be severely at risk with the potential for catastrophe; Intermediate approach segment. That segment of an instrument approach procedure between either the intermediate approach fix and the final approach fix or point, or between the end of a reversal, racetrack or dead reckoning track procedure and the final approach fix or point, as appropriate; Intermediate holding position. A designated position intended for traffic control at which taxiing aircraft and vehicles shall stop and hold until further cleared to proceed, when so instructed by the aerodrome control tower; Isogonal. A line on a map or chart on which all points have the same magnetic variation for a specified epoch; Isogriv. A line on a map or chart which joins points of equal angular difference between the North of the navigation grid and Magnetic North; Landing area. That part of a movement area intended for the landing or take-off of aircraft; Landing direction indicator. A device to indicate visually the direction currently designated for landing and for take-off; Level. A generic term relating to the vertical position of an aircraft in flight and meaning variously, height, altitude or flight level; Logon address. A specified code used for data link logon to an ATS unit; Magnetic variation. The angular difference between True North and Magnetic North; Manoeuvring area. That part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, excluding aprons; Marking. A symbol or group of symbols displayed on the surface of the movement area in order to convey aeronautical information. Metadata. Data about data (ISO 19115*); Minimum en-route altitude (MEA). The altitude for an en-route segment that provides adequate reception of relevant navigation facilities and ATS communications, complies with the airspace structure and provides the required obstacle clearance; Minimum obstacle clearance altitude (MOCA). The minimum altitude for a defined segment of flight that provides the required obstacle clearance; Minimum sector altitude (MSA). The lowest altitude which may be used which will provide a minimum clearance of 300 m (1 000 ft) above all objects located in an area contained within a sector of a circle of 46 km (25 NM) radius centred on significant point, the aerodrome reference point (ARP), or the heliport reference point (HRP); Missed approach point (MAPt). That point in an instrument approach procedure at or before which the prescribed missed approach procedure must be initiated in order to ensure that the minimum obstacle clearance is not infringed; Missed approach procedure. The procedure to be followed if the approach cannot be continued; Movement area. That part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, consisting of the manoeuvring area and the apron(s);

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Navigation specification. A set of aircraft and flight crew requirements needed to support performance- based navigation operations within a defined airspace. There are two kinds of navigation specifications— (i) Required navigation performance (RNP) specification. A navigation specification based on area navigation that includes the requirement for performance monitoring and alerting, designated by the prefix RNP, e.g. RNP 4, RNP APCH; (ii) Area navigation (RNAV) specification. A navigation specification based on area navigation that does not include the requirement for performance monitoring and alerting, designated by the prefix RNAV, e.g. RNAV 5, RNAV; Obstacle. All fixed (whether temporary or permanent) and mobile objects, or parts thereof, that— (i) are located on an area intended for the surface movement of aircraft; or (ii) extend above a defined surface intended to protect aircraft in flight; or (iii) stand outside those defined surfaces and that have been assessed as being a hazard to air navigation; Obstacle clearance altitude (OCA) or obstacle clearance height (OCH). The lowest altitude or the lowest height above the elevation of the relevant runway threshold or the aerodrome elevation as applicable, used in establishing compliance with appropriate obstacle clearance criteria; Obstacle free zone (OFZ). The airspace above the inner approach surface, inner transitional surfaces, and balked landing surface and that portion of the strip bounded by these surfaces, which is not penetrated by any fixed obstacle other than a low-mass and frangibly mounted one required for air navigation purposes; Orthometric height. Height of a point related to the geoid, generally presented as an MSL elevation; Performance-based navigation (PBN). Area navigation based on performance requirements for aircraft operating along an ATS route, on an instrument approach procedure or in a designated airspace; Point light. A luminous signal appearing without perceptible length; Portrayal. Presentation of information to humans (ISO 19116*); Position (geographical). Set of coordinates (latitude and longitude) referenced to the mathematical reference ellipsoid which define the position of a point on the surface of the Earth; Precision approach procedure. An instrument approach procedure utilizing azimuth and glide path information provided by ILS or PAR; Procedure altitude/height. A published altitude/height used in defining the vertical profile of a flight procedure, at or above the minimum obstacle clearance altitude/height where established. Procedure turn. Manoeuvre in which a turn is made away from a designated track followed by a turn in the opposite direction to permit the aircraft to intercept and proceed along the reciprocal of the designated track; Prohibited area. An airspace of defined dimensions, above the land areas or territorial waters of a State, within which the flight of aircraft is prohibited; Relief. The inequalities in elevation of the surface of the Earth represented on aeronautical charts by contours, hypsometric tints, shading or spot elevations; Reporting point. A specified (named) geographical location in relation to which the position of an aircraft can be reported; Resolution. A number of units or digits to which a measured or calculated value is expressed and used; Restricted area. An airspace of defined dimensions, above the land areas or territorial waters of a State, within which the flight of aircraft is restricted in accordance with certain specified conditions; Reversal procedure. A procedure designed to enable aircraft to reverse direction during the initial approach segment of an instrument approach procedure. The sequence may include procedure turns or base turns;

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Runway. A defined rectangular area on a land aerodrome prepared for the landing and take-off of aircraft; Runway-holding position. A designated position intended to protect a runway, an obstacle limitation surface, or an ILS/MLS critical/sensitive area at which taxiing aircraft and vehicles shall stop and hold, unless otherwise authorized by the aerodrome control tower; Runway strip. A defined area including the runway and stopway, if provided, intended— (i) to reduce the risk of damage to aircraft running off a runway; and (ii) to protect aircraft flying over it during take-off or landing operations; Runway visual range (RVR). The range over which the pilot of an aircraft on the centre line of a runway can see the runway surface markings or the lights delineating the runway or identifying its centre line; Shoulder. An area adjacent to the edge of a pavement so prepared as to provide a transition between the pavement and the adjacent surface; Significant point. A specified geographical location used in defining an ATS route or the flight path of an aircraft and for other navigation and ATS purposes; Stopway. A defined rectangular area on the ground at the end of take-off run available prepared as a suitable area in which an aircraft can be stopped in the case of an abandoned take-off; Taxiing. movement of an aircraft on the surface of an aerodrome under its own power, excluding take-off and landing; Taxi-route. A defined path established for the movement of helicopters from one part of a heliport to another. A taxi-route includes a helicopter air or ground taxiway which is centred on the taxi-route; Taxiway. A defined path on a land aerodrome established for the taxiing of aircraft and intended to provide a link between one part of the aerodrome and another, including— (i) Aircraft stand taxilane. A portion of an apron designated as a taxiway and intended to provide access to aircraft stands only; (ii) Apron taxiway. A portion of a taxiway system located on an apron and intended to provide a through taxi route across the apron; (iii) Rapid exit taxiway. A taxiway connected to a runway at an acute angle and designed to allow landing aeroplanes to turn off at higher speeds than are achieved on other exit taxiways thereby minimizing runway occupancy times; Terminal arrival altitude (TAA). The lowest altitude that will provide a minimum clearance of 300 m (1 000 ft) above all objects located in an arc of a circle defined by a 46 km (25 NM) radius centred on the Initial Approach Fix (IAF), or where there is no IAF on the Intermediate approach Fix (IF), delimited by straight lines joining the extremity of the arc to the IF. The combined TAAs associated with an approach procedure shall account for an area of 360 degrees around the IF; Terrain. The surface of the Earth containing naturally occurring features such as mountains, hills, ridges, valleys, bodies of water, permanent ice and snow, and excluding obstacles; Threshold. The beginning of that portion of the runway usable for landing; Touchdown and lift-off area (TLOF). A load bearing area on which a helicopter may touch down or lift off; Touchdown zone. The portion of a runway, beyond the threshold, where it is intended landing aeroplanes first contact the runway; Track. The projection on the earth’s surface of the path of an aircraft, the direction of which path at any point is usually expressed in degrees from North (true, magnetic or grid); Transition altitude. The altitude at or below which the vertical position of an aircraft is controlled by reference to altitudes; Vectoring. Provision of navigational guidance to aircraft in the form of specific headings, based on the use of an ATS surveillance system;

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Visual approach procedure. A series of predetermined manoeuvres by visual reference, from the initial approach fix, or where applicable, from the beginning of a defined arrival route to a point from which a landing can be completed and thereafter, if a landing is not completed, a go-around procedure can be carried out; Waypoint. A specified geographical location used to define an area navigation route or the flight path of an aircraft employing area navigation. Waypoints are identified as either— (i) Fly-by waypoint. A waypoint which requires turn anticipation to allow tangential interception of the next segment of a route or procedure; or (ii) Flyover waypoint. A waypoint at which a turn is initiated in order to join the next segment of a route or procedure.

31.010 ABBREVIATIONS & ACRONYMS (a) The following acronyms or abbreviations are used in this Part— AMA = Area Minimum Altitude APCH = Approach ATS = Air Traffic Services DEM = Digital Elevation Model hPa = hectopascals () IAF = Initial Approach Fix IF = Intermediate Approach Fix ILS = Instrument Landing System IMC = Instrument Meteorological Conditions MAPt = Missed Approach Point MEA = Minimum En-route Altitude MOCA = Minimum Obstacle Clearance Altitude MSA = Minimum Sector Altitude MSL = Mean Sea Level OCA = Obstacle Clearance Altitude OCH = Obstacle Clearance Height OFZ = Obstacle Free Zone FATO = Final Approach and Takeoff Area PBN = Performance-Based Navigation PAR = Precision Approach Radar RCAR = Rwanda Civil Aviation Regulations RCAA = Rwanda Civil Aviation Authority RVR = Runway Visual Range RNP = Required navigation performance RNAV = Area Navigation TAA = Terminal Arrival Area TLOF = Touchdown and Lift-off area

31.015 ISSUE OF RWANDA CIVIL AVIATION TECHNICAL STANDARDS – AERONAUTICAL CHARTS (a) The Authority shall issue Rwanda Civil Aviation Technical Standards (Aeronautical Charts) prescribing the standards for these Regulations.

31.020 AVAILABILITY (a) The certificated cartographic service provider shall ensure that—

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(1) on the request of another State provide all information relating to its area of jurisdiction; (2) the availability of charts is as provided in these regulations; (3) for any chart or single sheet of a chart series entirely contained within the territory of the state, either— (i) produce the chart or sheet itself; or (ii) arrange for the production of the chart or sheet by another State or by an agency; or (iii) provide another State prepared to accept an obligation to produce the chart or sheet with the data necessary for its production. (4) for any chart or single sheet of a chart series which includes the territory of a Contracting State, in consultation with that state having jurisdiction over the territory concerned determine the manner in which the chart or sheet will be made available. (5) take all reasonable measures to ensure that the information provided and the aeronautical charts made available are adequate and accurate and that aeronautical charts are maintained up to date by an adequate revision service.

SUBPART B: CERTIFICATION REQUIREMENTS

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

31.030 APPLICATION FOR CERTIFICATE (a) An applicant for an aeronautical cartography service certificate shall complete an application, in a form and in the manner prescribed by the Authority, and submit it to the Authority with— (1) the applicant's manual of operations required under Section 31.055; and (2) A payment of the appropriate application fee prescribed by the Authority.

31.035 ISSUE OF CERTIFICATE (a) The Authority shall issue an aeronautical cartography service certificate to an applicant if the Authority is satisfied that— (1) the applicant meets the requirements of these Regulations and standards prescribed by the Authority; and (2) the granting of the certificate is not contrary to the interests of aviation safety.

31.040 PRIVILEGES OF CERTIFICATE HOLDER (a) The aeronautical cartography service certificate shall specify the aeronautical cartography services that the certificate holder is authorised to provide

31.045 DURATION OF CERTIFICATE (a) An aeronautical cartography service certificate shall be granted or renewed for a period of up to 2 years. (b) An aeronautical cartography service certificate shall remain in force until it expires or is suspended or revoked. (c) The Authority may, by written notice given to the holder of an aeronautical cartography service certificate, suspend or revoke the certificate if there are reasonable grounds for believing that— (1) a condition to which the certificate is subject has been breached; or (2) the holder has failed to comply with these Regulations. (d) Before suspending or cancelling an aeronautical cartography service certificate, the Authority shall—

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(1) give to the holder a show cause notice that— (i) sets out the facts and circumstances that, in the opinion of the Authority, would justify the suspension or cancellation; and (ii) invites the holder to show cause, in writing, within 30 days after the date of the notice, why the certificate should not be suspended or revoked; and (2) take into account any written submissions that the holder makes to the Authority within 30 days. (e) The holder of an aeronautical cartography service certificate that has been suspended or revoked shall forthwith surrender the certificate to the Authority.

31.050 RENEWAL OF CERTIFICATE (a) An application for the renewal of an aeronautical cartography service certificate shall complete an application, in a form and in the manner prescribed by the Authority, and submit it to the Authority. (b) The application for the renewal shall be made not less than 90 days before the expiry date specified on the certificate.

31.055 AERONAUTICAL CARTOGRAPHY SERVICE ORGANIZATION MANUAL OF OPERATIONS (a) An applicant for the grant of an aeronautical cartography service certificate shall provide the Authority with a manual of operations that contains— (1) a list of the aeronautical cartography services to be covered by the certificate; and (2) details of the applicant’s procedures regarding— (i) the competence of personnel; and (ii) the control of documentation; and (iii) the collection of data; and (iv) the publication of aeronautical charts; and (v) the correction of errors in published charts; and (vi) the identification, collection, indexing, storage, maintenance, and disposal of records; and (vii) procedures to control, amend and distribute the manual of operations. (3) job description for Aeronautical cartography technical staff. (4) training programme for Aeronautical cartography technical staff (b) The applicant’s manual of operations shall be approved by the Authority.

31.060 TRAINING PLAN (a) 1The Aeronautical Cartography service provider shall establish and implement the training plan for aeronautical cartography technical staff. (b) The Aeronautical Cartography service provider shall maintain individual training records for each of its staff.

31.065 AMENDMENT OF CERTIFICATE & MANUAL OF OPERATIONS (a) A holder of an aeronautical cartography service certificate shall ensure that the holder’s manual of operations is amended so as to remain a current description of the holder’s organisation and services. (b) The certificate holder shall ensure that any amendment made to manual of operations meets the applicable requirements of these Regulations, the standards prescribed by the Authority and complies with the amendment procedures contained in the manual of operations. (c) The certificate holder shall forward to the Authority for approval and retention a copy of each amendment to manual of operations before incorporating the amendment into the manual of operations. (d) If there is any change that requires an amendment to the certificate, the certificate holder shall forward the certificate to the Authority for endorsement of the change as soon as practicable.

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

31.070 OPERATIONAL REQUIREMENTS FOR CHARTS (a) The certificated aeronautical cartographic service provider shall ensure that each type of chart provides information — (1) relevant to the function of the chart and the design of the chart observes Human Factors principles to facilitate its optimum use; (2) for the safe and expeditious operation of the aircraft appropriate to the phase of flight as listed below— (i) Phase 1: Taxi from aircraft stand to take off (ii) Phase 2: Take off and climb to en-route ATS route structure (iii) Phase 3: Enroute ATS route structure (iv) Phase 4: Descent to approach (v) Phase 5: Approach to land and missed approach (vi) Phase 6: Landing and taxi to aircraft stand. (3) that is accurate, free from distortion and clutter, unambiguous, and readable under all normal operating conditions; (4) and that the colours or tints and type size used are such that the chart can be easily read and interpreted by the pilot in varying conditions of natural and artificial light. (5) in a form which enables the pilot to acquire information in a reasonable time consistent with workload and operating conditions. (6) that permits smooth transition from chart to chart as appropriate to the phase of flight. (b) The charts shall be True North orientated. (c) The basic sheet size of the charts shall be 210 × 297 mm (8.27 x 11.69 inches) (A4).

31.075 TITLES (a) The aeronautical cartographic service provider shall ensure that the title of a chart or chart series prepared in accordance with these regulations intended to satisfy the function of the chart is that of the relevant part heading except that such title shall not include “ICAO” unless the chart conforms with all requirements specified in part III and any other specified for the particular chart

31.080 MISCELLANEOUS I N F O R M A T I O N (a) The aeronautical cartographic service provider shall ensure that— (1) the marginal note layout is as given in R-CATS (Aeronautical Charts) Appendix 1, except as otherwise specified for a particular chart. (2) the following information is shown on the face of each chart unless otherwise stated in the specification of the chart concerned— (i) designation or title of the chart series; (ii) name and reference of the sheet; (iii) on each margin an indication of the adjoining sheet where applicable. (3) a legend to the symbols and abbreviations used is provided on the face or reverse of each chart except that, where it is impracticable for reasons of space, a legend may be published separately; and (4) the name and adequate address of the producing agency is shown in the margin of the chart except that, where the chart is published as part of an aeronautical document, this cartographic may be placed in the front of that document.

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31.085 SYMBOLS (a) The aeronautical cartographic service provider shall ensure that— (1) The symbols used conform to those specified in R-CATS (Aeronautical Charts) Appendix 2 of these regulations, except that where it is desired to show on an aeronautical chart special features or items of importance to civil aviation for which no ICAO symbol is at present provided, any appropriate symbol may be chosen for this purpose, provided that it does not cause confusion with any existing ICAO chart symbol or impair the legibility of the chart; (2) the same basic symbol is used on all charts on which it appears, regardless of chart purpose. to represent ground-based navigation aids, intersections and waypoints; (3) the symbol used for significant points is based on a hierarchy of symbols and selected in the following order— (i) ground-based navigation aid; (ii) intersection; (iii) waypoint symbol; (4) a waypoint symbol is used only when a particular significant point does not already exist as either a ground-based navigation aid or intersection; and (5) the symbols are shown in the manner specified in paragraph (b), (c) and (d) and in the R-CATS (Aeronautical Charts), Appendix 2, ICAO Chart Symbols, symbol number 121.

31.090 UNITS OF MEASUREMENT (a) The aeronautical cartographic service provider shall ensure that the— (1) distances are derived as geodesic distances; (2) distances are expressed in either kilometres or nautical miles or both, provided the units are clearly differentiated; (3) altitudes, elevations and heights are expressed in either metres or feet or both, provided the units are clearly differentiated; (4) linear dimensions on aerodromes and short distances are expressed in metres; (5) order of resolution of distances, dimensions, elevations and heights are as specified for a particular chart; (6) units of measurement used to express distances, altitudes, elevations and heights are conspicuously stated on the face of each chart; and (7) conversion scales are provided on each chart on which distances, elevations or altitudes are shown and shall be placed on the face of each chart.

31.095 SCALE & PROJECTION (a) The aeronautical cartographic service provider shall ensure that— (1) the name and basic parameters and scale of the projection are indicated for charts of large areas; and (2) for charts of small areas, a linear scale only is indicated.

31.100 DATE OF VALIDITY OF AERONAUTICAL INFORMATION (a) The aeronautical cartographic service provider shall clearly indicate on the face of each chart the date of validity of aeronautical information.

31.105 SPELLING OF GEOGRAPHICAL NAMES (a) The aeronautical cartographic service provider shall ensure that— (1) the symbols of the Roman alphabet are used for all writing; (2) the word where a geographical term is abbreviated on any particular chart are spelt out in full; and (3) the punctuation marks are not used in abbreviations within the body of a chart.

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31.110 ABBREVIATIONS (a) The aeronautical cartographic service provider shall ensure that abbreviations are— (1) used on aeronautical charts whenever they are appropriate; and (2) selected from the Procedures for Air Navigation Services – ICAO document abbreviations and codes number 8400 where applicable.

31.115 POLITICAL BOUNDARIES (a) The aeronautical cartographic service provider shall ensure that the— (1) international boundaries are shown, but may be interrupted if data more important to the use of the chart would be obscured; and (2) names identifying the countries are indicated where the territory of more than one State appears on a chart.

31.120 COLOURS (a) The aeronautical cartographic service provider shall ensure that the colours used on charts conform to the Colour Guide in R-CATS (Aeronautical Charts), Appendix 6.

31.125RELIEF (a) The cartographic service provider shall ensure that— (1) relief, where shown, is portrayed in a manner that will satisfy the chart users’ need for— (i) Orientation and identification; (ii) Safe terrain clearance; (iii) Clarity of aeronautical cartographic when shown; (iv) Planning. (2) the tints used where relief is shown by hypsometric tints, are based on those shown in the Hypsometric Tint Guide in fourth Schedule of the Regulation; (3) the spot elevations are shown for selected critical points where spot elevations are used; and (4) the value of spot elevations of doubtful accuracy is followed by the sign ±.

31.130 PROHIBITED, RESTRICTED & DANGER A R E A S (a) The aeronautical cartographic service provider shall ensure that the reference or other identification are included when prohibited, restricted or danger areas are shown, except that the nationality letters may be omitted.

31.135 AIR TRAFFIC SERVICES AIRSPACES (a) The aeronautical cartographic service provider shall ensure that the class of airspace, the type, name or call sign, the vertical limits and the radio frequency to be used is indicated when ATS airspace is shown on a chart, and the horizontal limits specified in accordance to R-CATS (Aeronautical Charts) Appendix 2.

31.140 MAGNETIC VARIATION (a) The aeronautical cartographic service provider shall ensure that— (1) the True North and magnetic variation are indicated and the order of resolution of magnetic variation is that as specified for a particular chart; (2) when magnetic variation is shown on a chart, the values shown are those for the year nearest to the date of publication that is divisible by 5; and (3) an interim date and value are quoted in exceptional cases where the current value would be more than one degree different, after applying the calculation for annual change.

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31.145 AERONAUTICAL DATA (a) The aeronautical cartographic service provider shall ensure that— (1) all necessary measures are taken to introduce a properly organized quality system containing procedures, processes and resources necessary to implement quality management at each function stage as specified in Rwanda Civil Aviation Technical Standards – Aeronautical Information Services ; (2) the execution of such quality management is made demonstrable for each function stage, when required; (3) the established procedures exist in order that aeronautical data at any moment is traceable to its origin so to allow any data anomalies or errors, detected during the production and maintenance phases or in the operational use, to be corrected; (4) chart resolution of aeronautical data is as specified for a particular chart ; (5) the integrity of aeronautical data is maintained throughout the data process from origination to distribution to the next intended user; (6) Digital data error detection techniques are used during the transmission and / or storage of aeronautical data and digital data sets.

31.150 HORIZONTAL REFERENCE SYSTEM (a) The aeronautical cartographic service provider shall ensure that the— (1) World Geodetic System — 1984 is used as the horizontal reference system; (2) published aeronautical geographical coordinates indicating latitude and longitude are expressed in terms of the WGS-84 geodetic reference datum; (3) geographical coordinates which have been transformed into WGS-84 coordinates but whose accuracy of original field work does not meet the requirements in Rwanda Civil Aviation Technical Standards - Air Traffic Services and the Civil Aviation (Aerodrome) Regulations are identified by an asterisk; and (4) Chart resolution of geographical coordinates is as specified for a particular chart series.

31.155 VERTICAL REFERENCE SYSTEM (a) The aeronautical cartographic service provider shall ensure that the— (1) mean sea level datum is used as the vertical reference system; (2) elevations referenced to mean sea level, for the specific surveyed ground positions, geoid undulation for the surveyed positions are published as specified for a particular chart; and (3) Chart resolution of elevation and geoid undulation is as specified for a particular chart series.

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31.160 TEMPORAL REFERENCE SYSTEM (a) The aeronautical cartographic service provider shall ensure that— (1) the Gregorian calendar and Coordinated Universal Time are used as the temporal reference system; and (2) When a different temporal reference system is used for charting, this shall be indicated in the Aeronautical Information Publication (AIP).

31.165 CHARTS TO BE PUBLISHED (a) The aeronautical cartographic service provider shall publish the following charts, as applicable and in accordance to the requirements as prescribed by the Authority— (1) Aerodrome Obstacle Chart– ICAO Type A (2) Precision Approach Terrain Chart – ICAO (3) En-route Chart – ICAO (4) Area Chart – ICAO or, alternatively, Standard Departure Chart – Instrument (SID) – ICAO and Standard Arrival Chart – Instrument (STAR) – ICAO (5) Instrument Approach Chart – ICAO (6) Visual Approach Chart – ICAO (7) Aerodrome/Heliport Chart – ICAO (8) Aerodrome Ground Movement Chart – ICAO (only if not provided on the aerodrome/heliport chart) (9) Aircraft Parking/Docking Chart – ICAO (only if not provided on the aerodrome/heliport chart) (10) World Aeronautical Chart – ICAO 1: 1 000 000 or, alternatively, Aeronautical Chart – ICAO 1: 500 000 or Aeronautical Navigation Chart – ICAO Small Scale (11) Plotting Chart – ICAO (only where the En-route Chart – ICAO is not provided) (12) ATC Surveillance Minimum Altitude Chart – ICAO (only where vectoring procedures are established, but minimum vectoring altitudes cannot be shown on the Area Chart, Standard Departure Chart – Instrument (SID) or Standard Arrival Chart-Instrument (STAR).

31.170 USE OF AUTOMATION IN AERONAUTICAL CHARTING (a) An aeronautical cartographic service provider shall ensure that an Aeronautical charting automated systems comply with the following requirements— (1) provide for continuous and timely updating of the system database and monitoring of the validity and (2) quality of the aeronautical information stored; (3) integrate data from a wide variety of sources; (4) temporally manage information and related products, to make sure that charts are always up to date; (5) facilitate inspection of the aeronautical chart content, possibly through the synchronization of the (6) graphical elements with the central database content via specific metadata; (7) provide users with definable rules/templates to facilitate the assembling of the final chart product; and (8) ensure products and services are equally available to humans and computer systems, through specific digital formats for capturing and processing the information.

SUBPART D: CHARTS

31.175 AERODROME OBSTACLE CHART – ICAO TYPE A (a) The aeronautical cartographic service provider shall ensure that the Aerodrome Obstacle chart – ICAO Type A, provides the data necessary to enable an operator to comply with the operating limitations of the Civil Aviation (Operations of Aircraft) Regulations.

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31.180 AERODROME OBSTACLE CHART – ICAO TYPE B (a) The aeronautical cartographic service provider shall ensure that the Aerodrome Obstacle Chart – Type B provides information to satisfy the following functions— (1) the determination of minimum safe altitudes/heights including those for circling procedures; (2) the determination of procedures for use in the event of an emergency during take-off or landing; (3) the application of obstacle clearing and marking criteria; and (4) the provision of source material for aeronautical charts.

31.185 AERODROME TERRAIN & OBSTACLE CHART – ICAO ( ELECTRONIC) (a) The aeronautical cartographic service provider shall ensure that the Aerodrome Terrain and Obstacle Chart electronic portrays the terrain and obstacle data in combination with aeronautical data, as appropriate, necessary to— (1) enable an operator to comply with the operating limitations of the Civil Aviation (operation of aircraft) Regulations, by developing contingency procedures for use in the event of an emergency during a missed approach or take-off, and by performing aircraft operating limitations analysis; and (2) support the following air navigation applications— (i) instrument procedure design (including circling procedure); (ii) aerodrome obstacle restriction and removal; and (iii) provision of source data for the production of other aeronautical charts.

31.190 PRECISION APPROACH TERRAIN CHART – I C A O (a) The aeronautical cartographic service provider shall ensure that the precision approach terrain chart provides detailed terrain profile information within a defined portion of the final approach so as to enable aircraft operating agencies to assess the effect of the terrain on decision height determination by the use of radio altimeters.

31.195 EN-ROUTE CHART – ICAO (a) The aeronautical cartographic service provider shall ensure that the En-route chart provides flight crews with information to facilitate navigation along Air Traffic Service routes in compliance with air traffic services procedures

31.200 AREA CHART – ICAO (a) The aeronautical cartographic service provider shall ensure that the area chart provides the flight crew with information to facilitate the following phases of instrument flight— (1) the transition between the en-route phase and approach to an aerodrome; (2) the transition between take-off/missed approach and en-route phase of flight; and (3) flights through areas of complex ATS routes or airspace structure.

31.205 STANDARD DEPARTURE CHART – INSTRUMENT (SID) – ICAO (a) The aeronautical cartographic service provider shall ensure that the standard departure chart - instrument provides the flight crew with information to enable it to comply with the designated standard departure route instrument from take-off phase to the en-route phase.

31.210 STANDARD ARRIVAL CHART – INSTRUMENT (STAR) – ICAO (a) The aeronautical cartographic service provider shall ensure that the chart provides the flight crew with information to enable the flight crew to comply with the designated standard arrival route instrument from the en-route phase to the approach phase.

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31.215 INSTRUMENT APPROACH CHART – ICAO (a) The aeronautical cartographic service provider shall ensure that the Instrument Approach chart provides flight crews with information which will enable the flight crew to perform an approved instrument approach procedure to the runway of intended landing including the missed approach procedure and, where applicable, associated holding patterns.

31.220 VISUAL APPROACH CHART – ICAO (a) The aeronautical cartographic service provider shall ensure that the Visual Approach chart provides flight crews with information which will enable the flight crew to transit from the en-route or descent to approach phases of flight to the runway of intended landing by means of visual reference.

31.225 AERODROME/ HELIPORT CHART – ICAO (a) The aeronautical cartographic service provider shall ensure that the— (1) aerodrome or heliport chart provides flight crews with information to facilitate the ground movement of aircraft - (i) from the aircraft stand to the runway; and (ii) from the runway to the aircraft stand; and (2) aerodrome or heliport chart provides flight crews with information to facilitate the helicopter movement— (i) from the helicopter stand to the touchdown and lift-off area and to the final approach and take- off area; (ii) from the final approach and take-off area to the touchdown and lift-off area and to the helicopter stand; (iii) along helicopter ground and air taxiways; and (iv) along air transit routes. (3) aerodrome or heliport chart provides essential operational information at the aerodrome or heliport.

31.230 AERODROME GROUND MOVEMENT CHART – I C A O (a) The aeronautical cartographic service provider shall ensure that the aerodrome ground movement chart provides flight crews with detailed information to facilitate the ground movement of aircraft to and from the aircraft stands and the parking or docking of aircraft.

31.235 AIRCRAFT PARKING/ DOCKING CHART – ICAO (a) The aeronautical cartographic service provider shall ensure that the aircraft parking chart provides flight crews with detailed information to facilitate the ground movement of aircraft between the taxiways and the aircraft stands and the parking/docking of aircraft.

31.240 WORLD AERONAUTICAL CHART – ICAO 1:1 000 000 (a) The aeronautical cartographic service provider shall ensure that the World Aeronautical chart – 1:1,000.000 provides information to satisfy the requirements of visual air navigation— (1) as a basic aeronautical chart— (i) when highly specialized charts lacking visual cartographic do not provide essential data; (ii) to provide complete world coverage at a constant scale with a uniform presentation of planimetric data; (iii) in the production of other charts required by international civil aviation; (2) as a pre-flight planning chart

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31.245 AERONAUTICAL CHART – ICAO 1:500 000 (a) The aeronautical cartographic service provider shall ensure that the aeronautical chart - 1: 500,000 provides information to satisfy the requirements of visual air navigation for low speed, short- or medium- range operations at low and intermediate altitudes.

31.250 AERONAUTICAL NAVIGATION CHART – ICAO SMALL SCALE (a) The aeronautical cartographic service provider shall ensure that the aeronautical navigation chart – small scale— (1) serves as an air navigation aid for flight crews of long-range aircraft at high altitudes; (2) provides selective checkpoints over extensive ranges for identification at high altitudes and speeds, which are required for visual confirmation of position; (3) provides for continuous visual reference to the ground during long-range flights over areas lacking radio or other electronic navigation aids, or over areas where visual navigation is preferred or becomes necessary; (4) provides a general purpose chart series for long-range flight planning and plotting.

31.255 PLOTTING CHART – ICAO (a) The Aeronautical cartographic service provider shall ensure that the plotting chart provides a means of maintaining a continuous flight record of the aircraft position by various fixing methods and dead reckoning in order to maintain an intended flight path. 31.260 ELECTRONIC AERONAUTICAL CHART DISPLAY – ICAO The Aeronautical cartographic service provider shall ensure that the Electronic Aeronautical Chart Display — ICAO, with adequate back-up arrangements and in compliance with the requirements of Civil Aviation (Operations of aircraft) Regulations for charts, enables flight crews to execute, in a convenient and timely manner, route planning, route monitoring and navigation by displaying the required information.

31.265 ATC SURVEILLANCE MINIMUM ALTITUDE CHART – ICAO (a) The aeronautical cartographic service provider shall ensure that— (1) the ATC Surveillance Minimum Altitude chart provides information that will enable flight crews to monitor and cross-check altitudes assigned by a controller using an ATS surveillance system; (2) a note indicating that the chart may only be used for cross-checking of altitudes assigned while the aircraft is identified is prominently displayed on the face of the chart.

SUBPART E: SAFETY OVERSIGHT OF AERONAUTICAL CARTOGRAPHY SERVICES

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

31.275 VERIFICATION OF COMPLIANCE WITH SAFETY REGULATORY REQUIREMENTS (a) The Authority shall establish a process in order to verify compliance with applicable safety regulatory requirements prior to the issue or renewal of a certificate necessary to provide aeronautical cartography services including safety-related conditions attached to it. (b) The process referred to in paragraph (a) shall— (1) be based on documented procedures;

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(2) be supported by documentation specifically intended to provide safety oversight personnel with guidance to perform their functions; (3) provide the organisations concerned with an indication of the results of the safety oversight activity; (4) be based on safety regulatory audits and reviews conducted; (5) provide competent authorities with the evidence needed to support further action.

31.280 SAFETY REGULATORY AUDITS (a) The Authority shall conduct safety regulatory audits of all aeronautical cartography services provider. (b) The safety regulatory audits referred to in paragraph (a) shall— (1) provide the Authority with evidence of compliance with applicable safety regulatory requirements and with implementing arrangements by evaluating the need for improvement or corrective action; (2) be independent of internal auditing activities undertaken by the service provider concerned as part of its safety or quality management systems; (3) be conducted by qualified inspectors; (4) apply to complete implementing arrangements or elements thereof, and to processes, products or services; (5) determine whether— (i) implementing arrangements comply with safety regulatory requirements; (ii) actions taken comply with the implementing arrangements; (iii) the results of actions taken match the results expected from the implementing arrangements; (6) lead to the correction of any identified non-conformities (c) Within the inspection programme, the Authority shall establish and update at least annually a programme of safety regulatory audits in order to— (1) cover all the areas of potential safety concern, with a focus on those areas where problems have been identified; (2) cover all the service providers, services; (3) ensure that audits are conducted in a manner commensurate to the level of risk posed by the service providers’ activities; (4) ensure that sufficient audits are conducted over a period of 1 year to check the compliance of all these service providers with applicable safety regulatory requirements in all the relevant areas of the functional system; (5) ensure follow up of the implementation of corrective actions. (d) The Authority may decide to modify the scope of pre-planned audits and to include additional audits, wherever that need arises. (e) The Authority shall decide which arrangements, elements, services, functions, products, physical locations and activities are to be audited within a specified time frame. (f) Audit observations and identified non-conformities shall be documented. The latter shall be supported by evidence, and identified in terms of the applicable safety regulatory requirements and their implementing arrangements against which the audit has been conducted. (g) An audit report, including the details of the non-conformities, shall be drawn up.

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

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(b) Audited service providers shall determine the corrective actions deemed necessary to correct non- conformities and the time frame for their implementation. (c) The Authority shall assess the corrective actions as well as their implementation as determined by audited service providers and accept them if the assessment concludes that they are sufficient to address the non- conformities. (d) Audited service providers shall initiate the corrective actions accepted by the Authority. These corrective actions and the subsequent follow-up process shall be completed within the time period accepted by competent authorities.

31.290 SAFETY OVERSIGHT OF CHANGES TO FUNCTIONAL SYSTEMS (a) Aeronautical cartography services provider shall only use procedures accepted by the Authority when deciding whether to introduce a safety-related change to their functional systems. (b) Aeronautical cartography services provider shall notify the Authority of all planned safety-related changes.

SUBPART F: ADMINISTRATIVE FINES

31.295 ADMINISTRATIVE FINES

(a) Any who contravenes any provision of these Regulations shall be guilty of an offence and shall on conviction be liable for each offence and/or each flight to a fine not exceeding the amount specified in Appendix 1 to 295 APPENDIX

Appendix 1 to 295

COLUMN1 COLUMN2 FINES (RWANDAN FRANCS) SECTION PARTICULARS INDIVIDUAL CORPORATE 31.085 Symbols 500,000 3,000,000 31.090 Units of measurement 1,000,000 5,000,000 31.165 Charts to be published 1,000,000 5,000,000

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Bibonye kugira ngo bishyirwe ku mugereka Seen to be annexed to Ministerial Vu pour être annexé à l’Arrêté w’Iteka rya Minisitiri no04/CAB.M/018 ryo ku wa Order no04/CAB.M/018 of 24/07/2018 Ministériel no04/CAB.M/018 du 24/07/2018 rishyiraho amabwiriza ajyanye establishing civil aviation regulations 24/07/2018 établissant les règlements de n’iby’indege za gisivili l'aviation civile

Kigali, ku wa 24/07/2018 Kigali, on 24/07/2018 Kigali, le 24/07/2018

(sé) (sé) (sé) GATETE Claver GATETE Claver GATETE Claver Minisitiri w’Ibikorwa Remezo Minister of Infrastructure Ministre des Infrastructures

Bibonywe kandi bishyizweho Ikirango cya Seen and sealed with the Seal of the Vu et scellé du Sceau de la République: Repubulika: Republic:

(sé) (sé) (sé) BUSINGYE Johnston BUSINGYE Johnston BUSINGYE Johnston Minisitiri w’Ubutabera/ Intumwa Nkuru ya Leta Minister of Justice/ Attorney General Ministre de la Justice/ Garde des Sceaux

1102 Official Gazette no.Special of 27/07/2018

UMUGEREKA WA 32 W’ITEKA RYA ANNEX 32 TO MINISTERIAL ORDER ANNEXE 32 D’ARRETE MINISTERIEL MINISITIRI No04/CAB.M/018 RYO KU WA No04/CAB.M/018 OF 24/07/2018 No04/CAB.M/018 DU 24/07/2018 24/07/2018 RISHYIRAHO AMABWIRIZA ESTABLISHING CIVIL AVIATION ETABLISSANT LES REGLEMENTS DE AJYANYE N’IBY’INDEGE ZA GISIVILI REGULATIONS L'AVIATION CIVILE

1103 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 32

Part 32 Search & Rescue

SUBPART A: GENERAL ...... 3 32.001 CITATION & APPLICABILITY ...... 3 32.005 DEFINITIONS ...... 3 32.010 ACRONYMS & ABBREVIATIONS ...... 4

SUBPART B: SEARCH & RESCUE ORGANIZATION ...... 4 32.015 PROVISION OF SEARCH & RESCUE SERVICES ...... 4 32.020 SEARCH & RESCUE REGION ...... 5 32.025 RESCUE COORDINATION CENTRE ...... 5 32.030 SEARCH & RESCUE C O M M U NI CA TI O N S ...... 5 32.035 SEARCH & RESCUE UNITS ...... 6 32.040 SEARCH & RESCUE EQUIPMENT ...... 6 32.045 SEARCH & RESCUE MANUAL ...... 6

SUBPART C: COOPERATION ...... 6 32.050 COOPERATION BETWEEN STATES ...... 6 32.055 COOPERATION WITH OTHER SERVICES ...... 7 32.060 DISSEMINATION OF INFORMATION ...... 7

SUBPART D: PREPARATORY MEASURES ...... 8 32.065 PREPARATORY INFORMATION ...... 8 32.070 PLANS OF OPERATIONS...... 8 32.075 SEARCH & RESCUE UNITS ...... 8 32.080 TRAINING & EXERCISES ...... 9 32.085 WRECKAGE ...... 10

SUBPART E: OPERATING PROCEDURES ...... 10 32.090 INFORMATION CONCERNING EMERGENCIES ...... 10 32.095 OPERATION OF RESCUE COORDINATION CENTRES DURING EMERGENCY PHASES ...... 10 32.100 INITIATION OF SEARCH & RESCUE ACTION IN RESPECT OF AN AIRCRAFT WHOSE POSITION IS UNKNOWN ...... 11 32.105 AUTHORITIES IN THE FIELD ...... 12 32.110 TERMINATION & SUSPENSION OF OPERATIONS...... 12 32.115 PROCEDURES AT THE SCENE OF AN ACCIDENT ...... 12 32.120 PROCEDURES FOR A PILOT-IN- COMMAND INTERCEPTING A DISTRESS TRANSMISSION ...... 13 32.125 SEARCH & RESCUE SIGNALS ...... 13 32.130 MAINTENANCE OF RECORDS ...... 13

APPENDICES: SEARCH & RESCUE SIGNALS ...... 14 APPENDIX 1 TO 32.125: SIGNALS WITH SURFACE CRAFT ...... 14 APPENDIX 2 TO 32.125: SURFACE CRAFT TO AIRCRAFT ...... 14 APPENDIX 3 TO 32.125: GROUND-TO-AIR VISUAL SIGNAL CODE FOR SURVIVORS ...... 15 APPENDIX 4 TO 32.125: GROUND-TO-AIR FOR RESCUE UNITS ...... 15 APPENDIX 5 TO 32.125: AIR-TO-GROUND SIGNALS ...... 16

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Appendix 4 to 32.125: Ground-to-Air for Rescue Units ...... 14 Appendix 5 to 32.125: Air-to-Ground Signals ...... 15

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SUBPART A: GENERAL

32.001 CITATION & APPLICABILITY (a) These Regulations may be cited as the Civil Aviation (Search and Rescue) Regulations. (b) This Part prescribes the requirements of the Republic of Rwanda for search and rescue preparation and conduct. (c) These regulations shall apply to all— (1) aircraft requiring search and rescue services; (2) to persons or organizations responsible for the maintenance and operation of search and rescue services in Rwanda; and (3) the persons performing duties on their behalf. (d) This Part is also applicable to any person who has knowledge of the possible location of a lost aircraft or is requested to participate in the search for such an aircraft. (e) The Civil Aviation Technical Standards (Search and Rescue) that may be published by the Authority are applicable to the provision of search and rescue services in the airspace of Rwanda.

32.005 DEFINITIONS (a) When the following terms are used in this Part, they have the following meanings— Aircraft. Any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface. Alerting post. Any facility intended to serve as an intermediary between a person reporting an emergency and a rescue coordination centre or rescue sub-centre. Alert phase. A situation wherein apprehension exists as to the safety of an aircraft and its occupants. Annex 1. Annex 1 to the Convention. Annex 2. Annex 2 to the Convention. Annex 3. Annex 3 to the Convention. Annex 11. Annex 11 to the Convention. Annex 12. Annex 12 to the Convention. Annex 13. Annex 13 to the Convention. Distress phase. A situation wherein there is a reasonable certainty that an aircraft and its occupants are threatened by grave and imminent danger and require immediate assistance. Ditching. The forced landing of an aircraft on water. Document 9731. The ICAO document titled International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual. Document 7030. The ICAO document titled Regional Supplementary Procedures as applicable to the Africa-Indian Ocean (AFI) Regions. Emergency phase. A generic term meaning, as the case may be, uncertainty phase, alert phase or distress phase. Flight information region. An airspace of defined dimensions within which flight information service and alerting service are provided. incident. An occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect the safety of operation. Joint rescue coordination centre (JRCC). A rescue coordination centre responsible for both aeronautical and maritime search and rescue operations. Operator. A person, organization or enterprise engaged in or offering to engage in an aircraft operation.

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Pilot-in-command. The pilot designated by the operator, or in the case of general aviation, the owner, as being in command and charged with the safe conduct of a flight. Rescue. An operation normally coordinated by a rescue coordination centre or rescue sub Centre using available personnel and facilities to locate persons in distress. Search. An operation normally coordinated by a rescue coordination centre or rescue sub-centre using available personnel and facilities to locate persons in distress. Rescue coordination centre (RCC). A unit responsible for promoting efficient organization of search and rescue services and for coordinating the conduct of search and rescue operations within a search and rescue region. Rescue sub-centre (RSC). A unit subordinate to a rescue coordination centre, established to complement the latter according to particular provisions of the responsible authorities. Search and rescue unit. A mobile resource composed of trained personnel and provided with equipment suitable for the expeditious conduct of search and rescue operations. Search and rescue aircraft. An aircraft provided with specialized equipment suitable for the efficient conduct of search and rescue missions. Search and rescue facility. Any mobile resource, including designated search and rescue units, used to conduct search and rescue operations. Search and rescue service. The performance of distress monitoring, communication, coordination and search and rescue functions, initial medical assistance or medical evacuation, through the use of public and private resources, including cooperating aircraft, vessels and other craft and installations. Search and rescue organisation. The provider of search and rescue services within the Rwanda search and rescue region. Search and rescue region (SRR). An area of defined dimensions, associated with a rescue coordination centre, within which search and rescue services are provided. Uncertainty phase. A situation wherein uncertainty exists as to the safety of an aircraft and its occupants. Vessel. Any water-navigable craft of any type, whether self-propelled or not. State of Registry. The State on whose register the aircraft is entered.

32.010 ACRONYMS & ABBREVIATIONS (a) When the following terms are used in this Part, they have the following meanings— ICAO = International Civil Aviation Organization IAMSAR = International Aeronautical and Maritime Search and Rescue JRCC = Joint Rescue Coordination Centre PIC = Pilot in Command RCC = Rescue Coordination Centre RSC = Rescue Sub-Centre SAR = Search & Rescue SRR = Search and Rescue Region

SUBPART B: SEARCH & RESCUE ORGANIZATION

32.015 PROVISION OF SEARCH & RESCUE SERVICES (a) The SAR organization shall, individually or in cooperation with other states, arrange for the establishment and prompt provision of search and rescue services within Rwanda SRR including portions of the high seas as determined in the basis of regional air navigation agreements to ensure that assistance is rendered to persons in distress. (b) Such services shall be provided on a 24-hour basis. (c) Basic elements of search and rescue services shall include—

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(1) legal framework, a responsible authority; and (2) responsible authority; and (3) organized available resources, communication facilities and; (4) a workforce skilled in coordination and operational functions. (d) Search and rescue services shall establish processes to improve service provision, including the aspects of planning, domestic and international cooperative arrangements and training. (e) The SAR organization shall provide assistance to aircraft in distress and to survivors of aircraft accidents regardless of the nationality or status of such persons or the circumstances in which such persons are found. (f) The SAR organization having accepted responsibility to provide search and rescue services shall use search and rescue units and other available facilities to assist any aircraft or its occupants that are or appear to be in a state of emergency. (g) Where separate aeronautical and maritime rescue coordination centres serve the same area, the SAR organization shall ensure the closest practicable coordination between the centres. (h) The SAR organization shall facilitate consistency and cooperation between their aeronautical and maritime search and rescue services

32.020 SEARCH & RESCUE REGION (a) Search and rescue region shall, in so far as practicable, be coincident with the Rwandan territorial boundaries and neighbouring regions shall be contiguous. (b) The search and rescue operations shall include land operations and river and lake operations.

32.025 RESCUE COORDINATION CENTRE (a) The SAR organization shall establish a rescue coordination centre (RCC) for promoting efficient organization of search and rescue services within the SRR. (b) The rescue coordination centre shall be staffed 24 hours a day by trained personnel proficient in the use of the English language used for radiotelephony communications.

32.030 SEARCH & RESCUE C O M M U N I C A T I O N S (a) The rescue coordination centre shall have means of rapid and reliable two-way communication with— (1) associated air traffic services units; (2) associated rescue subcentres; (3) appropriate direction-finding and position-fixing stations; (4) the headquarters of SAR units in the region; (5) a designated meteorological office or meteorological watch office; (6) SAR units; (7) alerting posts; and (8) the Cospas-Sarsat Mission Control Centre servicing the search and rescue region.

(b) Each rescue subcentre shall have means of rapid and reliable two-way communication with: (1) adjacent rescue subcentres; and (2) a meteorological office or meteorological watch office; and (3) search and rescue units; and (4) alerting posts

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32.035 SEARCH & RESCUE UNITS (a) The SAR organisation shall designate as search and rescue units elements of public or private services suitably located and equipped for search and rescue operations. (b) The SAR organisation shall designate elements of public or private services that do not qualify as SAR units, as parts of the search and rescue plan of operation to participate in search and rescue operation.

32.040 SEARCH & RESCUE EQUIPMENT (a) SAR units shall be provided with equipment for locating promptly, and for providing adequate assistance at, the scene of an accident. (b) Each SAR unit shall have means of rapid and reliable two-way communication with other search and rescue facilities engaged in the same operation. (c) Each search and rescue aircraft shall be equipped to be able to communicate on the aeronautical distress and on-scene frequencies and on such other frequencies as may be prescribed. (d) Each search and rescue aircraft shall be equipped with a device for homing on distress frequencies. (e) Each search and rescue aircraft, when used for search and rescue over maritime areas, shall be equipped to be able to communicate with vessels. (f) Each search and rescue aircraft, when used for search and rescue over maritime areas shall carry a copy of the International Code of Signals to enable it to overcome language difficulties that may be experienced in communicating with ships.

32.045 SEARCH & RESCUE MANUAL (a) The SAR organisation shall develop and maintain a search and rescue operations manual. (b) The operations manual shall serve to demonstrate how the SAR organisation will comply with the requirements set out in these regulations. (c) The contents of the operations manual shall include but not limited to the following— (1) the information required of the SAR organisation as mentioned in this Manual; and (2) a description of the SAR organisation that shows the role, responsibilities and job functions of the search and rescue personnel who are responsible for ensuring the compliance of the organisation with the requirements in paragraph (c)(1) above. (d) The SAR organisation shall— (1) keep the operations manual in a readily accessible form; (2) ensure that SAR personnel have ready access to the operations manual; and (3) amend the operations manual whenever necessary to keep its content up to date.

SUBPART C: COOPERATION

32.050 COOPERATION BETWEEN STATES (a) The SAR organisation shall coordinate their search and rescue efforts with those of neighbouring States. (b) Subject to the SAR agreements that had been concluded between the SAR organisation of Rwanda and the SAR authorities or agencies of neighbouring States, the SAR organisation shall permit immediate entry into Rwanda for the purpose of searching for the site of aircraft accidents and rescuing survivors of such accidents. (c) SAR units entering the territory of Rwanda for search and rescue purposes shall transmit a request, giving full details of the projected mission and the need for it, to the rescue coordination centre.

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(d) The Rescue Coordination Center (RCC) shall— (1) immediately acknowledge the receipt of such a request, and (2) as soon as possible, indicate the conditions, if any, under which the projected mission may be undertaken. (e) Instructions as to the control which will be exercised on entry of such aircraft and/or personnel shall be given by the RCC in accordance with the standing plan/arrangements for the conduct of search and rescue in the area. (f) The SAR organization shall enter into agreements with neighbouring States to strengthen search and rescue cooperation and coordination, and set forth the conditions for entry of each other’s search and rescue units into respective territories. (g) The agreements shall also provide for expediting entry of such units with the least possible formalities. agreements (h) The SAR organisation shall— (1) request from other rescue coordination centres such assistance, including aircraft, vessels, persons or equipment, as may be needed; (2) grant any necessary permission for the entry of such aircraft, vessels, persons or equipment into its territory; and (3) make the necessary arrangements with the appropriate customs, immigration or other authorities with a view to expediting such entry. (i) The SAR organisation shall provide, when requested, assistance to other rescue coordination centres, including assistance in the form of aircraft, vessels, persons or equipment. (j) The SAR organisation shall make arrangement for joint training exercises involving its SAR units, those of neighbouring States and operators, to promote search and rescue efficiency.

32.055 COOPERATION WITH OTHER SERVICES (a) The SAR organisation shall arrange for all aircraft, vessels and local services and facilities which do not form part of the SAR organization to cooperate fully with the latter in search and rescue and to extend any possible assistance to the survivors of aircraft accidents. (b) The SAR organization shall ensure that their search and rescue services cooperate with those responsible for investigating accidents and with those responsible for the care of those who suffered from the accident. (c) Rescue units shall when practicable, be accompanied by persons qualified in the conduct of aircraft accident investigations. (d) The SAR organisation shall designate a search and rescue point of contact for the receipt of Cospas-Sarsat distress data.

32.060 DISSEMINATION OF INFORMATION (a) All information necessary for the entry of search and rescue units of other States into Rwanda shall be published and disseminated to the neighbouring States or, alternatively, include this information in search and rescue service arrangements. (b) The rescue coordination centre shall make available the information regarding search and rescue plans of operation which contain information that could benefit the provision of search and rescue services. (c) To the extent desirable and practicable, information shall be disseminated to the general public and emergency response authorities regarding actions to be taken when there is reason to believe that an aircraft’s emergency situation may become cause for public concern or require a general emergency response.

Page 32-7 of 15 1110 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 32 SUBPART D: PREPARATORY MEASURES

32.065 PREPARATORY IN F O R M A T I O N (a) The RCC shall have readily available at all times up-to-date information concerning the following in respect of its search and rescue region— (1) SAR units and alerting posts; (2) air traffic services units; (3) means of communication that may be used in search and rescue operations; (4) addresses and telephone numbers of all operators, or their designated representatives, engaged in operations in the region; and (5) any other public and private resources including medical and transportation facilities that are likely to be useful in search and rescue.

32.070 PLANS OF OPERATIONS (a) The RCC shall prepare detailed plans of operation for the conduct of search and rescue operations within its search and rescue region in collaboration with the national coordination committee. (b) The plans of operation shall specify arrangements for the servicing and refueling, to the extent possible, of aircraft, vessels and vehicles employed in search and rescue operations, including those made available by other States. (c) The SAR plans of operation shall contain details regarding actions to be taken by those persons engaged in search and rescue, including— (1) the manner in which search and rescue operations are to be conducted in the search and rescue region; (2) the use of available communication systems and facilities; (3) the actions to be taken jointly with other rescue coordination centres; (4) the methods of alerting en-route aircraft; (5) the duties and entitlement of persons assigned to search and rescue; (6) the possible redeployment of equipment that may be necessitated by meteorological or other conditions; (7) the methods for obtaining essential information relevant to search and rescue operations, such as weather reports and forecasts, appropriate NOTAM, etc; (8) the methods for obtaining, from other rescue coordination centres, such assistance, including aircraft, vessels, persons or equipment, as may be needed; (9) the methods for assisting distressed aircraft being compelled to ditch to rendezvous with surface craft; (10) the methods for assisting search and rescue or other aircraft to proceed to aircraft in distress; and (11) cooperative actions to be taken in conjunction with air traffic services units and other authorities concerned to assist aircraft known or believed to be subject to unlawful interference. (d) Search and rescue plans of operations shall be developed jointly with representatives of the operators and other public or private services that may assist in providing search and rescue services or benefit from them, taking into account that the number of survivors could be large (e) Search and rescue plans of operation shall be integrated with airport emergency plans to provide for rescue services in the vicinity of aerodromes.

32.075 SEARCH & RESCUE UNITS (a) Each SAR unit shall— (1) be cognizant of all parts of the plans of operation prescribed in Section 32.070 that are necessary for

Page 32-8 of 15 1111 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 32 the effective conduct of its duties; and (2) keep the rescue coordination centre informed of its Preparedness. (b) The SAR organisation shall— (1) maintain in readiness the required number of search and rescue facilities; and (2) maintain adequate supplies of rations, medical stores, signaling devices and other survival and rescue equipment.

32.080 TRAINING & EXERCISES (a) To achieve and maintain maximum efficiency in search and rescue, search and rescue personnel shall be provided with regular training and appropriate search and rescue exercises shall be arranged. (b) The SAR organisation shall ensure that SAR personnel maintain a basic level of competency in recurrent / refresher training that includes knowledge about updates in ICAO provisions and other provisions pertaining to SAR. (c) The SAR organisation shall maintain training records for their SAR personnel

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32.085 WRECKAGE (a) Wreckage resulting from aircraft accidents within Rwanda shall be removed, obliterated or charted following completion of the accident investigation if its presence might constitute a hazard or confuse subsequent search and rescue operations.

SUBPART E: OPERATING PROCEDURES

32.090 INFORMATION CONCERNING EMERGENCIES (a) Any authority or any element of the SAR organization having reason to believe that an aircraft is in an emergency shall give immediately all available information to the RCC. (b) RCC shall, immediately upon receipt of information concerning aircraft in emergency, evaluate such information and assess the extent of the operation required. (c) When information concerning aircraft in emergency is received from other sources than air traffic services units, the RCC shall determine to which emergency phase the situation corresponds and shall apply the procedures applicable to that phase.

32.095 OPERATION OF RESCUE COORDINATION CENTRES DURING EMERGENCY PHASES (a) When an uncertainty phase occurs, the RCC shall cooperate to the utmost with air traffic services units and other appropriate agencies and services in order that incoming reports may be speedily evaluated. (b) When an alert phase occurs, the RCC shall immediately alert SAR units and initiate any necessary action. (c) When a distress phase occurs, the rescue coordination centre shall— (1) immediately initiate action by SAR units in accordance with the appropriate plan of operation; (2) ascertain the position of the aircraft, estimate the degree of uncertainty of this position, and, on the basis of this information and the circumstances, determine the extent of the area to be searched; (3) notify the operator, where possible, and keep the operator informed of developments; (4) notify other RCCs, the help of which seems likely to be required, or which may be concerned in the operation; (5) notify the associated air traffic services unit, when the information on the emergency has been received from another source; (6) request at an early stage such aircraft, vessels, coastal stations and other services not specifically included in the appropriate plan of operation and able to assist to— (i) maintain a listening watch for transmissions from the aircraft in distress, survival radio equipment or an ELT; (ii) assist the aircraft in distress as far as practicable; and (iii) inform the rescue coordination centre of any developments; (7) from the information available, draw up a detailed plan of action for the conduct of the search and/or rescue operation required and communicate such plan for the guidance of the authorities immediately directing the conduct of such an operation; (8) amend as necessary, in the light of evolving circumstances, the detailed plan of action; (9) notify the appropriate accident investigation authorities; and (10) notify the State of Registry of the aircraft. (d) The order in which these actions are described shall be followed unless circumstances dictate otherwise. (e) Where the conduct of operations over the entire search and rescue region is the responsibility of more than one SAR organisation, each involved State shall take action in accordance with the relevant plan of operations when so requested by the rescue coordination centre of the region.

Page 32-10 of 1113 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 32 32.100 INITIATION OF SEARCH & RESCUE ACTION IN RESPECT OF AN AIRCRAFT WHOSE POSITION IS UNKNOWN (a) In the event that an emergency phase is declared in Unless otherwise decided by common agreement of the RCCs concerned, the RCC to coordinate search and rescue action shall be the centre responsible for—

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(1) the region in which the aircraft last reported its position; or (2) the region to which the aircraft was proceeding when its last reported position was on the line separating two search and rescue regions; or (3) the region to which the aircraft was destined when it was not equipped with suitable two-way radio communication or not under obligation to maintain radio communication; or (4) the region in which the distress site is located as identified by the Cospas-Sarsat system. (b) the RCC with overall coordination responsibility shall inform all RCCs that may become involved in the operation of all the circumstances of the emergency and subsequent developments. (c) All rescue coordination centres becoming aware of any information pertaining to the emergency shall inform the rescue coordination centre that has overall responsibility. (d) The RCC responsible for SAR action shall forward to the air traffic services unit serving the flight information region in which the aircraft is operating, information of the SAR action initiated, in order that such information can be passed to the aircraft.

32.105 AUTHORITIES IN THE FIELD (a) The authorities immediately directing the conduct of operations or any part thereof shall— (1) give instructions to the units under their direction and inform the rescue coordination centre of such instructions; and (2) keep the rescue coordination centre informed of developments.

32.110 TERMINATION & SUSPENSION OF O PERA TION S (a) SAR operations shall continue, when practicable, until all survivors are delivered to a place of safety or until all reasonable hope of rescuing survivors has passed. (b) The responsible RCC shall normally be responsible for determining when to discontinue search and rescue operations. (c) When a SAR operation has been successful or when a RCC considers, or is informed, that an emergency no longer exists, the emergency phase shall be cancelled, the SAR operation shall be terminated and any authority, facility or service that has been activated or notified shall be promptly informed. (d) If a SAR operation becomes impracticable and the RCC concludes that there might still be survivors, the centre shall temporarily suspend on-scene activities pending further developments and shall promptly inform any authority, facility or service which has been activated or notified. (e) Relevant information subsequently received shall be evaluated and SAR operations resumed when justified and practicable.

32.115 PROCEDURES AT THE SCENE OF AN ACCIDENT (a) When multiple facilities are engaged in SAR operations on-scene, the RCC shall designate one or more units on-scene to coordinate all actions to help ensure the safety and effectiveness of air and surface operations, taking into account facility capabilities and operational requirements. (b) When a pilot-in-command observes that either another aircraft or a surface craft is in distress, the pilot shall, if possible and unless considered unreasonable or unnecessary— (1) keep the craft in distress in sight until compelled to leave the scene or advised by the RCC that it is no longer necessary; (2) determine the position of the craft in distress; (3) as appropriate, report to the RCC or air traffic services unit as much of the following information as possible— (i) type of craft in distress, its identification and condition;

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(ii) its position, expressed in geographical or grid coordinates or in distance and true bearing from a distinctive landmark or from a radio navigation aid; (iii) time of observation expressed in hours and minutes Coordinated Universal Time (UTC); (iv) number of persons observed; (v) whether persons have been seen to abandon the craft in distress; (vi) on-scene weather conditions; (vii) apparent physical condition of survivors; (viii) apparent best ground access route to the distress site; and (4) act as instructed by the RCC or the air traffic services unit. (c) If the first aircraft to reach the scene of an accident is not a SAR aircraft, it shall take charge of on-scene activities of all other aircraft subsequently arriving until the first SAR aircraft reaches the scene of the accident. (d) If, in the meantime, such aircraft is unable to establish communication with the appropriate RCC or air traffic services unit, it shall, by mutual agreement, hand over to an aircraft capable of establishing and maintaining such communications until the arrival of the first SAR aircraft. (e) When it is necessary for an aircraft to convey information to survivors or surface rescue units, and two-way communication is not available, it shall, if practicable, drop communication equipment that would enable direct contact to be established, or convey the information by dropping a hard copy message. (f) When a ground signal has been displayed, the aircraft shall indicate whether the signal has been understood or not by the means described in paragraph (d) or, if this is not practicable, by making the appropriate visual signal. (g) When it is necessary for an aircraft to direct a surface craft to the place where an aircraft or surface craft is in distress, the aircraft shall do so by transmitting precise instructions by any means at its disposal. If no radio communication can be established, the aircraft shall make the appropriate visual signal.

32.120 PROCEDURES FOR A PILOT-IN- COMMAND INTERCEPTING A DISTRESS TRANSMISSION (a) Whenever a distress transmission is intercepted by a pilot-in command of an aircraft, the pilot shall, if feasible— (1) acknowledge the distress transmission; (2) record the position of the craft in distress if given; (3) take a bearing on the transmission; (4) inform the appropriate RCC or air traffic services unit of the distress transmission, giving all available information; and (5) at the pilot’s discretion, while awaiting instructions, proceed to the position given in the transmission.

32.125 SEARCH & RESCUE SIGNALS (a) The air-to-surface and surface-to-air visual signals in the Appendices 1 through 4 of 32.125 to this Part shall, when used, have the meaning indicated therein. (b) The Signals shall be used only for the purpose indicated and no other signals likely to be confused with them shall be used. (c) Aircraft observing the signal shall take such action as may be required by the interpretation of the signal given in Appendix 5 to 32.125.

32.130 MAINTENANCE OF RECORDS (a) The RCC shall keep a record of the operational efficiency of the SAR organisation in its region (b) RCC should prepare appraisals of actual SAR operations in its region. These appraisals should comprise any pertinent remarks on.

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APPENDICES: SEARCH & RESCUE SIGNALS

APPENDIX 1 TO 32.125: SIGNALS WITH SURFACE CRAFT (a) The following manoeuvres performed in sequence by an aircraft mean that the aircraft wishes to direct a surface craft towards an aircraft or a surface craft in distress— (1) circling the surface craft at least once; (2) crossing the projected course of the surface craft close ahead at low altitude and— (i) rocking the wings; or (ii) opening and closing the throttle; or (iii) changing the propeller pitch. Note: Due to high noise level on board surface craft, the sound signals in (ii) and (iii) may be less effective than the visual signal in (i) and are regarded as alternative means of attracting attention. (3) heading in the direction in which the surface craft is to be directed. (4) Repetition of such manoeuvres has the same meaning. (b) The following manoeuvres by an aircraft means that the assistance of the surface craft to which the signal is directed is no longer required— (1) crossing the wake of the surface craft close astern at a low altitude and— (i) rocking the wings; or (ii) opening and closing the throttle; or (iii) changing the propeller pitch.

APPENDIX 2 TO 32.125: SURFACE CRAFT TO AIRCRAFT (a) The following replies may be made by surface craft to the signal in Appendix 1 to 32.125— (1) for acknowledging receipt of signals— (i) the hoisting of the “code pennant” (vertical red and white stripes) close up (meaning understood); (ii) the flashing of a succession of “T’ s” by signal lamp in the Morse code; (iii) the changing of heading to follow the aircraft. (2) for indicating inability to comply— (i) the hoisting of the international flag “N” (a blue and white checkered square); (ii) the flashing of a succession of “N’ s” in the Morse code.

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APPENDIX 3 TO 32.125: GROUND-TO-AIR VISUAL SIGNAL CODE FOR SURVIVORS (a) Ground-air visual signal code for use by survivors—

APPENDIX 4 TO 32.125: GROUND-TO-AIR FOR RESCUE UNITS (a) Ground-air visual signal code for use by rescue units—

(b) Symbols shall be at least 2.5 metres (8 feet) long and shall be made as conspicuous as possible.

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Note 1: Symbols may be formed by any means such as: strips of fabric, parachute material, pieces of wood, stones or such like material; marking the surface by tramping, or staining with oil. Note 2: Attention to the above signals may be attracted by other means such as radio, flares, smoke and reflected light.

APPENDIX 5 TO 32.125: AIR-TO-GROUND SIGNALS (a) The following signals by aircraft mean that the ground signals have been understood— (1) during the hours of daylight: by rocking the aircraft’s wings; (2) during the hours of darkness: flashing on and off twice the aircraft’s landing lights or, if not so equipped, by switching on and off twice its navigation lights. (b) Lack of the above signal indicates that the ground signal is not understood.

End of RCAR Part 32

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Bibonye kugira ngo bishyirwe ku mugereka Seen to be annexed to Ministerial Vu pour être annexé à l’Arrêté w’Iteka rya Minisitiri no04/CAB.M/018 ryo ku wa Order no04/CAB.M/018 of 24/07/2018 Ministériel no04/CAB.M/018 du 24/07/2018 rishyiraho amabwiriza ajyanye establishing civil aviation regulations 24/07/2018 établissant les règlements de n’iby’indege za gisivili l'aviation civile

Kigali, ku wa 24/07/2018 Kigali, on 24/07/2018 Kigali, le 24/07/2018

(sé) (sé) (sé) GATETE Claver GATETE Claver GATETE Claver Minisitiri w’Ibikorwa Remezo Minister of Infrastructure Ministre des Infrastructures

Bibonywe kandi bishyizweho Ikirango cya Seen and sealed with the Seal of the Vu et scellé du Sceau de la République: Repubulika: Republic:

(sé) (sé) (sé) BUSINGYE Johnston BUSINGYE Johnston BUSINGYE Johnston Minisitiri w’Ubutabera/ Intumwa Nkuru ya Leta Minister of Justice/ Attorney General Ministre de la Justice/ Garde des Sceaux

1121 Official Gazette no.Special of 27/07/2018

UMUGEREKA WA 33 W’ITEKA RYA ANNEX 33 TO MINISTERIAL ORDER ANNEXE 33 D’ARRETE MINISTERIEL MINISITIRI No04/CAB.M/018 RYO KU WA No04/CAB.M/018 OF 24/07/2018 No04/CAB.M/018 DU 24/07/2018 24/07/2018 RISHYIRAHO AMABWIRIZA ESTABLISHING CIVIL AVIATION ETABLISSANT LES REGLEMENTS DE AJYANYE N’IBY’INDEGE ZA GISIVILI REGULATIONS L'AVIATION CIVILE

1122 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 33

Part 33 Parachuting Operations

Subpart A: General ...... 3 33.001 Citation & Applicability ...... 3 33.005 Definitions ...... 3 33.010 Acronyms ...... 3

Subpart B: Parachute Personnel ...... 3 33.015 Parachute Jumping Eligibility Requirements ...... 3 33.020 Authorization Types ...... 3 33.025 Skill Requirements ...... 3 33.030 General Requirements: Conditions Of Authorization ...... 4 33.035 Descent Requirements ...... 4 33.040 Aircraft Used For Parachute Jumping ...... 4 33.045 Pilot Experience & Training Requirements ...... 4 33.050 Validity & Renewal Requirements ...... 4 33.055 Visiting Foreign Parachuting Jumpers ...... 5 33.060 Parachute Rigger Authorization Requirements ...... 5 33.065 Issue Of Parachute Rigger Authorization ...... 5 33.070 Restrictions & Limitations Of Parachute Rigger Authorization ...... 5 33.075 Experience, Knowledge & Skill Requirements ...... 5 33.080 Authorization Requirements For Current Or Former Military Parachute Rigger ...... 5 33.085 Performance Standards ...... 6 33.090 Records To Be Kept By Parachute Rigger ...... 6 33.095 Privileges ...... 6 33.100 Validity & Renewal Requirements ...... 6

Subpart C: Parachute Operations Certificate ...... 6 33.105 General Certificate Requirements...... 6 33.110 Application For Parachute Operations Certificate ...... 7 33.115 Amendment Of A Parachute Operations Certificate ...... 7 33.120 Validity Of A Parachute Operations Certificate ...... 7 33.125 Parachute Operations Manual ...... 7 33.130 Designation Of Safety & Training Personnel ...... 8

Subpart D: Operating Rules ...... 8 33.135 Use Of Drugs Or Alcohol ...... 8 33.140 Hazard ...... 8 33.145 Exit From An Aircraft ...... 8 33.150 Minimum Parachute Activation Altitude ...... 9 33.155 Parachute Drop Zone ...... 9 33.160 Parachute Landing Area ...... 9 33.165 Ground Signal ...... 9

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33.170 Controlled Airspace ...... 9 33.175 Descents Onto Manned Aerodromes ...... 9 33.180 Descents Onto Unmanned Aerodromes ...... 9 33.185 Scents Within Restricted Areas ...... 10 33.190 Visibility & Clearance From Clouds ...... 10 33.195 Descents From Higher Altitudes ...... 10 33.200 Parachute Operations over or into a Congested Area or an Open-air Assembly of Persons ...... 10

Subpart E: Parachute Equipment & Facilities ...... 10 33.205 Parachutes ...... 10 33.210 Altimeter ...... 11 33.215 Automatic Activation Devices ...... 11 33.220 Safety Equipment ...... 11

Subpart F: Parachute Maintenance ...... 11 33.225 Facilities & Equipment Requirements ...... 11 33.230 Airworthiness & Safety Directives ...... 12 33.235 Parachute Serviceability...... 12 33.240 Modification & Repair ...... 12 33.245 Parachute Assembly Check ...... 12 33.250 Seal ...... 12 33.255 Parachute Records ...... 12 33.260 Access For Inspection ...... 13

Subpart G: General ...... 13 33.265 Drug & Alcohol Testing & Reporting ...... 13

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SUBPART A: GENERAL

33.001 CITATION & APPLICABILITY (a) These regulations may be cited as Civil Aviation (Parachuting Operations) Regulations. (b) This Part prescribes the requirements of the Republic of Rwanda for parachuting operations, certification and maintenance. (c) These Regulations shall, apply to— (1) parachute operations other than— (i) emergency parachute descents; and (ii) parachute descents which are not from aircraft; and (2) parachute equipment; and (3) parachute maintenance.

33.005 DEFINITIONS (a) When the following terms are used in this Part, they have the following meanings— [Reserved}

33.010 ACRONYMS (a) When the following acronyms are used in this Part, they have the following meanings— PLA = Parachute Landing Area

SUBPART B: PARACHUTE PERSONNEL

33.015 PARACHUTE JUMPING ELIGIBILITY REQUIREMENTS (a) An applicant for a parachute jumping authorization shall— (1) be at least eighteen years of age; (2) demonstrate a level of knowledge appropriate to the privileges granted to a holder of a Parachute Jumping Authorization; and (3) comply with the provisions of these Regulations that apply to the Parachute Jumping Authorization sought. (b) In addition to the requirements of paragraph (a), an applicant for a tandem master authorization shall hold a Class 2 Medical Certificate specified in Part 8.

33.020 AUTHORISATION TYPES (a) The Authority may issue the following types of parachute jumping authorizations— (1) student jumper; (2) jumper; (3) jump master; or (4) tandem master

33.025 SKILL REQUIREMENTS (a) An applicant for— (1) a jumper authorization shall have logged not less than 25 jumps and have demonstrated to the Authority his competency in the following areas— (i) parachute packing; (ii) obtaining meteorological information;

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(iii) spotting the drop location from the aircraft; (iv) hand signal communication techniques and procedures; and (v) pre-flight briefing and “dirt diving”. (2) a jump master authorization shall have— (i) successfully completed a jump master’s course; (ii) made 500 freefall jumps; and (iii) (iii) satisfactorily completed a post course of jump mastering ten students under supervision of an authorized instructor. (3) a tandem master authorization shall be an experienced jumper master, trained in tandem operation and is in control of the passenger and tandem parachute equipment.

33.030 GENERAL REQUIREMENTS: CONDITIONS OF AUTHORIZATION (a) A holder of a parachute jumping authorization shall maintain a parachuting logbook of jumps. (b) Parachute jumping shall be made only at locations approved by the Authority. (c) Prior to each descent, the jumper or event organiser shall obtain permission from the Air Traffic Control Unit responsible for the area of the operation. (d) In locations with no Air Traffic Control Unit, the jumper or event organiser shall obtain permission from the Area Control Centre responsible for the area of the operation

33.035 DESCENT REQUIREMENTS (a) A parachute jumper shall not make or attempt to make a parachute descent unless wearing two airworthy parachutes from exit to activation. (b) All reserve parachutes shall be inspected and packed by an authorized parachute rigger not more than four months preceding each jump. (c) The main parachute may be packed by either the jumper or the parachute rigger. (d) The minimum altitude from which descents are to be made shall be such that the main canopy is duly opened at an altitude of not less than 600 m (2,000 ft) above ground level.

33.040 AIRCRAFT USED FOR PARACHUTE JUMPING (a) Parachute descents shall be made only from aircraft types that have been authorized by the Authority.

33.045 PILOT EXPERIENCE & TRAINING REQUIREMENTS (a) A pilot for the aircraft to be used for parachute jumping shall— (1) be a qualified pilot and have a minimum of 200 hours of pilot-in-command time; and (2) demonstrate competence to the Authority by performing at least one drop of parachute jumpers. (b) The demonstration referred to in paragraph (a)(2) shall be conducted under supervision of an experienced parachuting pilot who is present in the aircraft during the check flight to ascertain the competence in the dropping operation.

33.050 VALIDITY & RENEWAL REQUIREMENTS (a) A parachute jump master and tandem master authorization shall be valid for a period of twelve months from the date of issue or renewal. (b) A holder of a parachute jump master and tandem master authorization may apply for renewal of the authorization if the holder has jump mastered 10 static line students and 5 free fall students within the six months preceding the date of application for renewal. (c) A holder of a student and jumper authorization shall not require renewal.

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33.055 VISITING FOREIGN PARACHUTING JUMPERS (a) A person who holds a parachute jumping authorization issued by another Contracting State and who wishes to engage in parachute jumping in Rwanda may apply to the Authority for recognition and acceptance of his qualification. (a) Where the Authority recognizes an authorization tendered under paragraph (a), the holder shall be exempted from Sections 33.015 to 33.050 of these Regulations. (b) A holder of an authorization under this regulation shall not be engaged in instructing students in parachute jumping or tandem operations.

33.060 PARACHUTE RIGGER AUTHORIZATION REQUIREMENTS (a) An applicant for a parachute rigger authorization shall— (1) apply to the Authority on the prescribed form; (2) be at least eighteen years of age; and (3) be able to read, speak, write and understand the English.language.

33.065 ISSUE OF PARACHUTE RIGGER AUTHORIZATION (a) Where the Authority is satisfied that an applicant for a parachute rigger authorization under Section 33.060 meets the requirements for issue of such authorization, the Authority may issue the authorization.

33.070 RESTRICTIONS & LIMITATIONS OF PARACHUTE RIGGER AUTHORIZATION (a) A person shall not pack, maintain or modify any personnel-carrying parachute intended for emergency use in connection with an aircraft registered in Rwanda unless that person holds an appropriate authorization on the type issued under these Regulations. (b) Except as provided for by paragraph (c), a person shall not pack, maintain or modify any main parachute of a dual parachute pack to be used for intentional jumping from a civil aircraft registered in the Rwanda unless that person has an appropriate parachute rigger authorization issued under these Regulations. (c) A person who does not hold an appropriate parachute rigger authorization may pack the main parachute of a dual parachute pack that is to be used by him for intentional jumping.

33.075 EXPERIENCE, KNOWLEDGE & SKILL REQUIREMENTS (a) Except as provided in Section 33.085, an applicant for a parachute rigger authorization shall— (1) present evidence satisfactory to the Authority of having packed at least twenty parachutes of each type for which the applicant seeks authorization in accordance with the manufacturer's instructions and under the supervision of an authorized parachute rigger holding an authorization for that type or a person holding an appropriate military rating; (2) provide the Authority with evidence of having passed a knowledge and practical test, to the satisfaction of the Authority by demonstrating the ability to pack and maintain one type of parachute for which he seeks authorization.

33.080 AUTHORIZATION REQUIREMENTS FOR CURRENT OR FORMER MILITARY PARACHUTE RIGGER (a) Notwithstanding Section 33.060, the Authority may issue to an applicant for a parachute rigger authorization if he passes a knowledge test on the Regulations pertaining to parachute and parachute rigging and presents satisfactory documentary evidence that the applicant— (1) is an employee or former employee of Rwanda Military and within the twelve months preceding the date of application for an authorization has performed as a parachute rigger; and (2) has the experience required by Section 33.075.

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33.085 PERFORMANCE STANDARDS (a) A holder of a parachute rigger authorization shall not— (1) pack, maintain or modify any parachute unless he is authorized for that type; (2) pack a parachute that is not safe for emergency use; (3) pack a parachute that has not been thoroughly dried and aired; (4) alter a parachute in a manner that is not specifically authorized by the Authority or the manufacturer; (5) pack, maintain or modify a parachute in any manner that deviates from procedures approved by the Authority or the manufacturer of the parachute; or (6) exercise the privileges of the authorization unless he— (i) understands the current manufacturer's instructions for the operation involved; and (ii) has performed duties under the authorization for at least ninety days within the preceding twelve months or demonstrated to the Authority the ability to perform those duties.

33.090 RECORDS TO BE KEPT BY PARACHUTE R I G G E R (a) A holder of parachute rigger authorization shall keep a record of the packing, maintenance and modifications of parachutes performed or supervised. (b) An authorized parachute rigger who packs a parachute shall enter on the parachute packing record attached to the parachute, the date and place of the packing, a notation of any defects found during any inspection, and shall sign that record with name and authorization number. (c) The record required by paragraph (a) shall contain, with respect to each parachute worked on, a statement of— (1) type and make; (2) serial number; (3) the name and address of the owner or user of the parachute; (4) the kind and extent of the work performed; (5) the date when, and the place where the work was performed; and (6) the results of any drop tests made with it. (d) A person who makes a record under paragraph (a) shall keep that record for at least two years after the date the record is made.

33.090 PRIVILEGES (a) A holder of a parachute rigger authorization may— (1) pack, maintain or modify any type of parachute for which he is authorized; and (2) supervise other persons in packing, maintaining or modifying any type of parachute for which the holder of authorization is authorized.

33.100 VALIDITY & RENEWAL REQUIREMENTS (a) A parachute rigger authorization shall be valid for a period of twenty-four months from the date of issue or renewal. (b) A holder of a parachute rigger authorization may apply for renewal of the authorization if the holder has packed at least thirty-six reserves parachutes within the 12 months preceding the date of application for renewal.

SUBPART C: PARACHUTE OPERATIONS CERTIFICATE

33.105 GENERAL CERTIFICATE REQUIREMENTS (a) A person shall not conduct parachute operations unless that person—

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(1) holds a parachute operations certificate; (2) complies with the privileges and limitations of the authorization referred to in paragraph (a)(1); (3) complies with operational standards and procedures contained in the parachute Operations Manual approved by the Authority; and (4) complies with the currency requirements determined by the Authority. (b) A person shall not conduct parachute operations unless there is available for use a Parachute Operations Manual approved by the Authority. (c) In this Part, “person” includes an association, organization or club.

33.110 APPLICATION FOR PARACHUTE OPERATIONS CERTIFICATE (a) An applicant for a parachute operations certificate shall complete and submit an application form prescribed by the Authority which shall include the following information— (1) the radius of the drop zone around the target expressed in kilometres or nautical miles; (2) the location of the centre of the drop zone in relation to the nearest airport, town or city; (3) each altitude above mean sea level at which the aircraft will be operated when parachutists or objects exist the aircraft; (4) the name, address, and telephone number of the person who requests the authorization or gives notice of the parachute operation; (5) the name of the air traffic control facility with jurisdiction of the airspace at the first intended exit altitude to be used for the parachute operation. (b) The Authority may issue a parachute operations certificate if an applicant meets the requirements of these Regulations.

33.115 AMENDMENT OF A PARACHUTE OPERATIONS CERTIFICATE (a) A parachute operations certificate may be amended— (1) on the Authority's own initiative, under applicable laws and regulations; or (2) upon application by the holder of that authorization. (b) A holder of an authorization shall submit an application to amend an authorization by completing a form prescribed by the Authority. (c) An applicant for an amendment under this regulation shall file the application to amend an authorization before the date of the proposed commencement of that operation. (d) The Authority shall grant a request to amend an authorization if it determines that it is in interest of flight safety or in public interest.

33.120 VALIDITY OF A PARACHUTE OPERATIONS CERTIFICATE (a) A parachute operations certificate shall be valid for a period specified in the certificate from the date of issue but in any case not more than twelve months, unless— (1) a shorter period is specified by the authority; (2) the Authority amends, suspends, revokes or otherwise terminates the certificate; (3) the certificate holder surrenders it to the Authority; or (4) the certificate holder suspends operations. (b) The holder of a certificate that is suspended or revoked shall return it to the Authority.

33.125 PARACHUTE OPERATIONS MANUAL (a) A parachute operations certificate holder shall issue to the parachute members and persons assigned parachute operational functions, an Operations Manual which shall contain at least the following— (1) introduction and common abbreviations;

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(2) basic safety requirements; (3) student training syllabus; (4) skills programme; (5) formation parachuting rules; (6) artistic events; (7) canopy formation; (8) camera persons; (9) tandem operations; (10) extra ordinary activities; (11) wing suits; (12) jump master certification course syllabus; (13) rigging rules; (14) drop zone and landing area operating procedures; (15) briefings for new jumpers; (16) miscellaneous forms. (b) The operations manual referred to in paragraph (a) shall be amended or revised as is necessary to ensure that the information contained therein is kept up to date, and all such amendments or revisions shall be issued to all personnel that are required to use the Operations Manual (c) A parachute operations certificate holder shall submit to the Authority a copy of the authorization holder’s entire Operations Manual for the time being in force or of such parts thereof as the Authority may specify. (d) A parachute operations certificate holder shall make such amendments or additions to the operations manual as the Authority may require for the purpose of ensuring the safety of parachute jumpers and parachute passengers carried, efficiency or regularity of air navigation.

33.130 DESIGNATION OF SAFETY & TRAINING PERSONNEL (a) A parachute operations certificate holder shall, designate for each drop zone operation, in writing, a safety and training personnel who shall be in-charge of all operations with the following minimum qualifications— (1) a qualified experienced jump master with a minimum of 1000 free fall jumps and at least 2 years experience in parachute operations; and (2) must have successfully completed a training in safety and parachute operating procedures recognized by the Authority.

SUBPART D: OPERATING RULES

33.135 USE OF DRUGS OR ALCOHOL (a) A person shall not engage in parachute jumping, and no pilot in command of an aircraft may allow a person to engage in parachute jumping from that aircraft, if that person is or appears to be under the influence of— (1) alcohol, or (2) any drug that affects that person's faculties in any way contrary to safety.

33.140 HAZARD (a) A person shall not make a parachute descent if such descent constitutes, or is likely to constitute, a safety hazard to air traffic, persons or property in the air or on the ground, the aircraft concerned or its occupants.

33.145 EXIT FROM AN AIRCRAFT (a) A person shall not exit from an aircraft to make a parachute descent unless authorized to do so by— (1) the pilot-in-command; or

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(2) a person nominated by a pilot-in-command for that purpose.

33.150 MINIMUM PARACHUTE ACTIVATION ALTITUDE (a) A person making a parachute descent shall activate the main parachute at a height not less than 760 m (2,500 ft) above ground level, except for— (1) a student parachutist, who shall activate the main parachute at not less than 900 m (3,000 ft) above ground level; or (2) a tandem jump master carrying out a tandem parachute descent, who shall activate the main parachute at not less than 1,500 m (5,000 ft) above ground level.

33.155 PARACHUTE DROP ZONE (a) All parachute descents, except emergency and display parachute descents shall be made within a parachute drop zone designated by the parachute operations certificate holder and approved by the Authority.

33.160 PARACHUTE LANDING AREA (a) A person making a parachute descent shall land on a parachute landing area designated by the parachute operations certificate holder and approved by the Authority. (b) Simultaneous parachute and aircraft movements may be conducted at aerodromes if the parachute landing area is located clear of— (1) any movement area in use; (2) the strip area of any runway in use; (3) a taxiway which is in use; and (4) the approach and take-off areas of any runway or heliport in use. (c) A person shall not make a parachute descent into water unless— (1) the parachute landing area has a clearly defined perimeter; and (2) adequate arrangements have been made to retrieve all parachutists.

33.165 GROUND SIGNAL (a) A person shall not make a parachute descent unless a ground signal, consisting of a white circle with an attached cone pointing into the wind is displayed or a sensitive and conspicuous calibrated windsock shall be used.

33.170 CONTROLLED AIRSPACE (a) A person shall not make a parachute descent in a controlled airspace unless he— (1) obtains an air traffic control clearance; and (2) descends in accordance with that clearance.

33.175 DESCENTS ONTO MANNED AERODROMES (a) A person shall not make a parachute descent onto an aerodrome unless he— (1) has prior approval from the owner or operator of the aerodrome; (2) obtains clearance from the air traffic control unit at the aerodrome; and (3) lands within the parachute landing area.

33.180 DESCENTS ONTO UNMANNED AERODROMES (a) A person shall not make a parachute descent onto an unmanned aerodrome unless he— (1) has prior approval from the owner or operator of the aerodrome;

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(2) observes other aerodrome traffic operating within the parachute descent zone for the purpose of avoiding collision; (3) conforms with or avoids the pattern of traffic formed by other aircraft operating within the parachute descent zone at the aerodrome; and (4) lands within the parachute landing area.

33.185 SCENTS WITHIN RESTRICTED AREAS (a) A person shall not make a parachute descent within a restricted area unless he has prior approval of the controlling authority specified for that area.

33.190 VISIBILITY & CLEARANCE FROM CLOUDS (a) Except as provided in paragraph (b) a person shall not make a parachute descent unless he remains clear of cloud. (b) A person shall not make a parachute descend through cloud in a controlled airspace unless he has obtained an air traffic control clearance to do so.

33.195 DESCENTS FROM HIGHER ALTITUDES (a) A person shall not make a parachute descent from an un-pressurized aircraft unless— (1) when between altitudes of 3,050 m (10,000 ft) above mean sea level and 3,950 m (13,000 ft) above mean sea level for longer than 30 minutes, use supplementary oxygen until immediately prior to exiting the aircraft; and (2) when between altitudes of 3,950 m (13,000 ft) above mean sea level and 6,100 m (20,000 ft) above mean sea level, use supplementary oxygen until immediately prior to exiting the aircraft. (b) A person shall not make a parachute descent from a pressurized aircraft when between altitudes of 3,950 m (13,000 ft) above mean sea level and 6,100 m (20,000 ft) above mean sea level unless he uses supplementary oxygen during the period from immediately prior to depressurisation to immediately prior to exiting the aircraft. (c) A person shall not make a parachute descent from altitudes above 3,950 m (13,000 ft) above mean sea level unless he has satisfactorily completed a training course for high altitude descents. (d) A person shall not make a parachute descent from altitudes above 6,100 m (20,000 ft) above mean sea level unless he uses supplementary oxygen from immediately prior to depressurisation, or from immediately after disconnection from any aircraft mounted supplementary oxygen system, until descent below an altitude of 3,950 m (13,000 ft) above mean sea level.

33.200 PARACHUTE OPERATIONS OVER OR INTO A CONGESTED AREA OR AN OPEN-AIR ASSEMBLY OF PERSONS (a) A person shall not conduct a parachute jumping operation, and no pilot in command of an aircraft shall allow a parachute operation to be conducted from that aircraft, over or into a congested area of a city, town, or settlement, or an open-air assembly of persons unless an approval for that parachute jumping operation has been issued under these Regulations.

SUBPART E: PARACHUTE EQUIPMENT & FACILITIES

33.205 PARACHUTES (a) A person or tandem pair shall not make a parachute descent unless equipped with a main parachute that complies with the technical standards order of the parachute manufacturer. (b) A person or tandem pair shall not make a parachute descent unless equipped with a reserve parachute assembly which—

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(1) complies with the technical standards of a parachute organization; and (2) has been inspected, re-packed and certified as airworthy within the previous six months by a parachute rigger in accordance with the technical standards of a parachute organization. (c) A tandem rider shall not make a parachute descent unless he wears a harness which— (1) complies with the technical standards of a parachute organization; and (2) is properly secured to a marching tandem master harness.

33.210 ALTIMETER (a) A person or tandem pair shall not make a free-fall descent of more than 10 seconds unless— (1) he is equipped with, and use, a serviceable altimeter of a type suitable for parachuting; and (2) prior to take-off, zero the altimeter to the parachute landing area height.

33.215 AUTOMATIC ACTIVATION DEVICES (a) A person or tandem pair shall not make a parachute descent unless equipped with an automatic activation device on the reserve parachute, that has been— (1) certified as compatible with the reserve parachute assembly on the parachute assembly packing- record by a parachute rigger authorized by the parachute organization or institution designated by the Authority; (2) calibrated in accordance with the manufacturer’s operating instructions; (3) set to operate the reserve parachute at a minimum height above the parachute landing area (PLA)— (i) for an individual parachute descent, 300 m (1 000 ft) above ground level or such lower altitude as predetermined and set within the automatic activation device by the manufacturer of such device for the category of use; and (ii) for a tandem parachute descent, 600 m (2 000 ft) above ground level or such lower altitude as predetermined and set within the automatic activation device by the manufacturer of such device for use on tandem descents; (4) inspected by the parachute rigger in accordance with the manufacturer’s instructions; and (5) check-calibrated within the previous six months.

33.220 SAFETY EQUIPMENT (a) A person shall not make a parachute descent into water unless he wears suitable floatation equipment capable of supporting that person’s head clear of the water. (b) A student parachutist shall not make a parachute descent within 1 nautical mile of a water hazard unless he wears suitable floatation equipment capable of supporting that person’s head clear of the water. (c) A student parachutist shall not make a parachute descent unless he wears a serviceable, rigid, protective helmet of a type approved by the parachute organization. (d) A tandem pair shall not make a parachute descent unless equipped with protective head gear approved by the parachute organization.

SUBPART F: PARACHUTE MAINTENANCE

33.225 FACILITIES & EQUIPMENT REQUIREMENTS (a) The holder of a parachute rigger authorization shall not exercise the privileges of his authorization unless he has at least the following facilities and equipment available— (1) a smooth surface; (2) suitable housing that is adequately lighted and ventilated for drying and airing parachutes;

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(3) enough packing tools and other equipment to pack and maintain the types of parachutes serviced; and (4) adequate housing facilities to perform applicable duties and to protect tools and equipment.

33.230 AIRWORTHINESS & SAFETY DIRECTIVES (a) A person who intends to use a parachute for jumping shall ensure that the parachute complies with— (1) applicable airworthiness directives issued by the Authority; (2) applicable safety directive issued by the parachute operations certificate holder; and (3) mandatory modifications or instructions issued by the manufacturer.

33.235 PARACHUTE SERVICEABILITY (a) Each person who finds a parachute assembly to be unserviceable or not airworthy shall have the assembly— (1) re-inspected and returned to a serviceable and airworthy condition; or (2) withdrawn from service. (b) A person shall not return to service a parachute assembly that has been marked as unserviceable until ithas been re-inspected and returned to serviceable and airworthy condition before use.

33.240 MODIFICATION & REPAIR (a) A person shall not use a parachute, or harness and container system that has been modified or repaired, ina manner that may affect the airworthiness of the parachute assembly, unless it is re-inspected and re- assessed by a parachute rigger in accordance with the technical standards order of the manufacturer

33.245 PARACHUTE ASSEMBLY CHECK (a) Except as provided by provisions of paragraphs (b) and (c), no person shall make a parachute descent unless he has checked the state of serviceability of the parachute assembly by— (1) reference to the assembly packing record for the parachute assembly; (2) a comprehensive external check; (3) checking that all the equipment is properly set to operate; (4) ensuring that no item being carried will interfere with the proper functioning of the parachute assembly; and (5) ensuring that the seal is not broken or interfered with. (b) For student parachutists, the person authorized by the parachute organization to directly supervise the descent of the student shall inspect the equipment being worn by the student in accordance with paragraph (a). (c) For tandem riders, the tandem master shall inspect the equipment being worn by the tandem passenger in accordance with paragraph (a).

33.250 SEAL (a) An authorized parachute rigger shall have a seal with an identifying mark and a seal press prescribed by the Authority. (b) After packing a parachute, the parachute rigger shall seal the pack with a seal referred to paragraph (a) in accordance with the manufacturer's recommendation for that type of parachute.

33.255 PARACHUTE RECORDS (a) Each owner of a parachute assembly shall maintain a permanent record of which shall be kept in the assembly at all times, in— (1) a logbook; or

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(2) a separable log page, approved by the parachute operations certificate holder. (b) The owner referred to in paragraph (a) shall make the record available for inspection when required by an authorized officer, inspector or authorized person.

33.260 ACCESS FOR INSPECTION (a) A holder of a parachute operations certificate shall for the purpose of inspection to determine compliance with applicable regulations and requirements— (1) grant the Authority unrestricted access to any of its organisation’s, facilities and aircraft; and (2) ensure that the Authority is granted unrestricted access to any organization or facilities that it has contracted for services associated with parachute operations and maintenance.

SUBPART G: GENERAL

33.265 DRUG & ALCOHOL TESTING & REPORTING (a) A person who performs any function requiring a licence, rating, qualification or authorization prescribed by these Regulations directly or by contract may be tested for drug or alcohol usage. (b) A person who refuses to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer or the Authority, or refuses to furnish or to authorise the release of the test results requested by the Authority shall— (1) be denied any licence, certificate, rating, qualification, or authorization issued under these Regulations for a period of up to one year from the date of that refusal; or (2) have their licence, certificate, rating, qualification, or authorization issued under these Regulations suspended or revoked. (c) A person who refuses to submit to a test to indicate the presence of narcotic drugs, marijuana, or depressant or stimulant drugs or psychoactive substances in the body, when requested by a law enforcement officer or the Authority, or refuses to furnish or to authorise the release of the test results requested by the Authority shall— (1) be denied any licence, certificate, rating, qualification, or authorization issued under these Regulations for a period of up to one year from the date of that refusal; or (2) have their licence, certificate, rating, qualification, or authorization issued under these Regulations suspended or revoked. (d) Any person who is convicted for the violation of any local or national statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or psychoactive substances, shall— (1) be denied any Licence, certificate, rating, qualification, or authorization issued under these Regulations for a period of up to one year after the date of conviction; or (2) have their licence, certificate, rating, qualification, or authorization issued under these Regulations suspended or revoked.

End of RCAR Part 33

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Bibonye kugira ngo bishyirwe ku mugereka Seen to be annexed to Ministerial Vu pour être annexé à l’Arrêté w’Iteka rya Minisitiri no04/CAB.M/018 ryo ku wa Order no04/CAB.M/018 of 24/07/2018 Ministériel no04/CAB.M/018 du 24/07/2018 rishyiraho amabwiriza ajyanye establishing civil aviation regulations 24/07/2018 établissant les règlements de n’iby’indege za gisivili l'aviation civile

Kigali, ku wa 24/07/2018 Kigali, on 24/07/2018 Kigali, le 24/07/2018

(sé) (sé) (sé) GATETE Claver GATETE Claver GATETE Claver Minisitiri w’Ibikorwa Remezo Minister of Infrastructure Ministre des Infrastructures

Bibonywe kandi bishyizweho Ikirango cya Seen and sealed with the Seal of the Vu et scellé du Sceau de la République: Repubulika: Republic:

(sé) (sé) (sé) BUSINGYE Johnston BUSINGYE Johnston BUSINGYE Johnston Minisitiri w’Ubutabera/ Intumwa Nkuru ya Leta Minister of Justice/ Attorney General Ministre de la Justice/ Garde des Sceaux

1137 Official Gazette no.Special of 27/07/2018

UMUGEREKA WA 34 W’ITEKA RYA ANNEX 34 TO MINISTERIAL ORDER ANNEXE 34 D’ARRETE MINISTERIEL MINISITIRI No04/CAB.M/018 RYO KU WA No04/CAB.M/018 OF 24/07/2018 No04/CAB.M/018 DU 24/07/2018 24/07/2018 RISHYIRAHO AMABWIRIZA ESTABLISHING CIVIL AVIATION ETABLISSANT LES REGLEMENTS DE AJYANYE N’IBY’INDEGE ZA GISIVILI REGULATIONS L'AVIATION CIVILE

1138 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 34

Part 34 Sport Aviation Operations

SUBPART A: GENERAL ...... 3 34.001 CITATION & APPLICABILITY ...... 3 34.005 DEFINITIONS ...... 3 34.010 ACRONYMS & ABBREVIATIONS ...... 4

SUBPART B: GYROGLIDERS & PARASAILS ...... 4 34.015 APPLICABILITY ...... 4 34.020 REGISTRATION ...... 4 34.025 RESTRICTED AREAS ...... 4 34.030 LOW FLYING ZONES ...... 4 34.035 CONTROLLED AIRSPACE ...... 4 34.040 HAZARD & RISK MINIMISATION ...... 4 34.045 DROPPING OF ARTICLES ...... 4 34.050 AERODROMES ...... 4 34.055 AIRSPACE...... 5 34.060 METEOROLOGICAL LIMITATIONS ...... 5 34.065 NIGHT OPERATIONS ...... 5 34.070 AIRWORTHINESS ...... 5 34.075 SAFETY EQUIPMENT ...... 5 34.080 PRE-FLIGHT BRIEFING ...... 5 34.085 EMERGENCY TOWLINE RELEASE ...... 5 34.090 OPERATING PROCEDURES ...... 5 34.095 WIND SPEED ...... 5 34.100 PASSENGER AGE LIMITATION ...... 6

SUBPART C: MICROLIGHT AIRCRAFT ...... 6 34.105 APPLICABILITY ...... 6 34.110 PILOT REQUIREMENTS ...... 6 34.115 FLIGHT INSTRUCTION ...... 6 34.120 FLIGHT RADIO OPERATOR LICENSE REQUIREMENTS ...... 7 34.125 REGISTRATION ...... 7 34.130 DOCUMENTS TO BE CARRIED ...... 7 34.135 PLACARDS ...... 7 34.140 FUEL REQUIREMENTS ...... 7 34.145 MAXIMUM OPERATING ALTITUDE ...... 7 34.150 MINIMUM ALTITUDE ...... 7 34.155 FLIGHT CRITERIA ...... 8 34.160 TOWING HANG GLIDERS ...... 8 34.165 CARRIAGE OF PASSENGERS ...... 8 34.170 REQUIREMENT FOR FLIGHT PERMIT...... 8 34.175 APPLICATION FOR FLIGHT PERMIT ...... 9

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34.180 ISSUE OF FLIGHT PERMIT ...... 9 34.185 MODIFICATION ...... 9 34.190 MAINTENANCE & INSPECTION REQUIREMENTS ...... 9 34.195 INSTRUMENT & EQUIPMENT REQUIREMENTS ...... 10 34.200 HANG GLIDER TOWING AIRCRAFT ...... 10

SUBPART D: GLIDERS ...... 11 34.205 PURPOSE ...... 11 34.210 PILOT REQUIREMENTS ...... 11 34.215 TEST FLIGHTS ...... 11 34.220 FLIGHT MANUALS ...... 11 34.225 SIMULATED INSTRUMENT FLIGHT ...... 12 34.230 GROUND SIGNAL ...... 12 34.235 RIGHT OF WAY RULES ...... 12 34.240 INSTRUMENT METEOROLOGICAL CONDITIONS ...... 12 34.245 CLEARANCE BELOW CLOUD ...... 12 34.250 FUEL REQUIREMENTS ...... 12 34.255 MAXIMUM OPERATING ALTITUDE ...... 12 34.260 MINIMUM ALTITUDE...... 12 34.265 VFR CRUISING ALTITUDE & FLIGHT LEVEL ...... 12 34.270 AIRCRAFT EQUIPMENT ...... 12 34.275 GENERAL MAINTENANCE REQUIREMENTS ...... 13 34.280 MAINTENANCE INSPECTIONS ...... 13 34.285 MAINTENANCE PROGRAMMES ...... 13 34.290 AUTHORISATION & APPROVAL OF MAINTENANCE PROGRAMME ...... 13 34.295 TECHNICAL LOG ...... 14 34.300 PILOT MAINTENANCE ...... 14

SUBPART E: HANG GLIDERS ...... 14 34.305 APPLICABILITY ...... 14 34.310 PILOT REQUIREMENTS ...... 15 34.315 AIRCRAFT AIRWORTHINESS ...... 15 34.320 REGISTRATION ...... 15 34.325 AIRCRAFT DOCUMENTS ...... 15 34.330 FUEL REQUIREMENTS ...... 15 34.335 AIRCRAFT EQUIPMENT ...... 15 34.340 AIRCRAFT MAINTENANCE ...... 15 34.345 SAFETY EQUIPMENT ...... 15 34.350 RIGHT-OF-WAY RULES ...... 15 34.355 CLEARANCE BELOW CLOUD ...... 15 34.360 MAXIMUM OPERATING ALTITUDE ...... 16 34.365 MINIMUM ALTITUDE...... 16 34.370 CONDITIONS FOR FLIGHT ...... 16 34.375 LAUNCH SITES ...... 16 34.380 CALLSIGNS ...... 16 34.385 TOWING A HANG GLIDER IN FLIGHT ...... 16

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SUBPART A: GENERAL

34.001 CITATION & APPLICABILITY (a) These regulations may be cited as Civil Aviation (Sport Aviation Operations) Regulations. (b) This Part prescribes the requirements of the Republic of Rwanda for aircraft operated for sport aviation purposes and includes— (1) regulations, additional to Civil Aviation Regulations (Operations of Aircraft, Air Operator Certification and Administration, and Instruments and Equipment) ; and (2) exceptions from Civil Aviation Regulations (Operations of Aircraft, Air Operator Certification and Administration, and Instruments and Equipment), for specific sport aviation activities and (3) the airworthiness and maintenance requirements for sport aviation aircraft. (c) This Part is applicable to all persons and organizations participating in sport aviation operations. (d) The following aircraft are identified for use in sport aviation— (1) parasails; (2) gyrogliders;l (3) microlight aircraft; (4) gliders; (5) hang gliders; and (6) any other aircraft designated by the Authority as sport aviation. (e) When another type of sport aviation operation is designated by the Authority, interim standards for that activity will be published and will have the same legal basis as this Part. (f) The Civil Aviation Technical Standards (Sport Aviation) published by the Authority are applicable to the of the operations of sport aviation aircraft in the airspace of Rwanda.

34.005 DEFINITIONS (a) When the following terms are used in this Part, they have the following meanings— Class 1 microlight aircraft means a 1- seat aircraft with maximum take-off weight of 510kg. Class 2 microlight aircraft means a 2 seat aircraft with maximum take-off weight of 600kg. Danger area means a designated portion of airspace notified to operators that there is a potential danger to aircraft flying in the area. Glider— (i) means a non-power-driven heavier-than-air aircraft that derives its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;and (ii) includes a powered glider whether the engines are operating or not. Gyroglider means a ground or water towed non-power-driven heavier-than air aircraft supported in flight by the reaction of the air on one or more rotors which rotate freely on substantially vertical axes, capable of carrying a person or persons. Hang glider means a glider, including a powered glider, that is capable of being launched and landed solely by the use of the pilot’s legs, and includes paragliders. Low flying zones means a designated a portion of airspace where pilot training in low level manoeuvres may be conducted. Microlight aircraft means a basic low performance aircraft designed to carry not more than 2 persons which meets low momentum parameters that are acceptable to the Authority. Parasail means an aerodyne, having the general form of an open, circular parachute carrying a person or persons towed behind a vehicle or motorboat to sustain flight:

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34.010 ACRONYMS & ABBREVIATIONS [Reserved}

SUBPART B: GYROGLIDERS & PARASAILS

34.015 APPLICABILITY (a) This Subpart prescribes regulations governing the operation of gyrogliders and parasails.

34.20 REGISTRATION (a) A person must not operate a gyroglider or parasail unless it has been registered by the Authority.

34.025 RESTRICTED AREAS (a) A person must not operate a gyroglider, or parasail within a restricted area unless the person has approval to do so from the administering authority responsible for the restricted area. (b) A person must not operate a gyroglider or parasail within a designated military operating area unless the person has approval to do so from the administering authority responsible for the military operating area. (c) A person must not operate a gyroglider or parasail within a designated danger area unless the person has established that the activity associated with the danger area will not affect the safety of the gyroglider or parasail.

34.030 LOW FLYING ZONES (a) A person must not operate a gyroglider or parasail within a designated low flying zone.

34.035 CONTROLLED AIRSPACE (a) A person must not operate a gyroglider, or parasail in controlled airspace without prior authorisation from the ATC unit responsible for that airspace.

34.040 HAZARD & RISK MINIMISATION (a) No person may operate a gyroglider, or parasail over any congested area of a city, town, or settlement, or over any open air assembly of persons. (b) A person operating a gyroglider, or parasail must take all practicable steps to minimize hazards to persons, property and other aircraft.

34.045 DROPPING OF ARTICLES A person operating a gyroglider, or parasail must not allow any object to be dropped in flight if such action creates a hazard to other persons or property.

34.050 AERODROMES (a) A person must not operate a gyroglider or parasail on an aerodrome or within 5 km of an aerodrome boundary unless— (1) at an uncontrolled aerodrome, the gyroglider or parasail is operated— (i) in accordance with an aerodrome operator; and agreement with the (ii) at a height not exceeding 400 feet AGL; or (2) at a controlled aerodrome, the gyroglider or parasail is operated in accordance with an authorisation from the aerodrome air traffic control service. (b) A person must not operate a gyroglider or parasail— (1) on or over any aircraft movement area of an aerodrome; or (2) on or over any active runway or runway strip area of an aerodrome.

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34.055 AIRSPACE (a) A person shall operate a gyroglider or parasail above a height of 500 feet AGL and must— (1) ensure that the gyroglider or parasail remains more than 5 km from any aerodrome boundary; and (2) operate in Class G airspace; and (3) provide the following information to the ATC unit responsible for that airspace and the NOTAM office at least 24 hours before the operation: (i) the name, address, and telephone number of the operator; (ii) the date, time, and duration of the operation; (iii) a brief description of the gyroglider or parasail (including size and predominant colour); and (iv) the height to which the gyroglider or parasail will be operated.

34.060 METEOROLOGICAL LIMITATIONS (a) A person operating a gyroglider or parasail must— (1) not operate closer than 500 feet below cloud; and (2) limit operations to an area where the ground visibility is at least 5 km.

34.065 NIGHT OPERATIONS (a) A person must not operate a gyroglider or parasail at night.

34.070 AIRWORTHINESS (a) A person who operates a gyroglider or parasail must ensure that it is fit for the intended purpose and is maintained in an airworthy condition in accordance with the manufacturer’s instruction.

34.075 SAFETY EQUIPMENT (a) A person operating a gyroglider or parasail must ensure that each person carried by the gyroglider or parasail— (1) when flying over water, or within gliding distance of water, wears a positive buoyancy aid; and (2) wears a rigid protective helmet; and (3) is secured to the gyroglider or parasail by a harness.

34.080 PRE-FLIGHT BRIEFING (a) A person operating a gyroglider or parasail must ensure that each person carried by the gyroglider or parasail receives a pre-flight briefing on— (1) the nature of the flight; and (2) the standard operating procedures; and (3) the emergency procedures including: (i) the location and use of emergency equipment; (ii) the procedures to be followed in the event of a water landing, or towline separation; and (iii) the method for communicating with the gyroglider or parasail operator if an emergency occurs.

34.085 EMERGENCY TOWLINE RELEASE (a) A person must not release the towline of a gyroglider or a parasail in flight except in an emergency.

34.090 OPERATING PROCEDURES (a) A person operating a gyroglider or parasail must do so in accordance with the operating procedures and limitations recommended by the manufacturer.

34.095 WIND SPEED (a) A person operating a parasail must—

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(1) use a method or device to accurately determine and monitor the wind speed at the location where the parasailing operation is being conducted; and (2) not conduct a parasailing operation in conditions where the sustained wind speed exceeds 20 knots.

34.100 PASSENGER AGE LIMITATION (a) A person operating a parasail must not— (1) perform a parasailing operation with an extended towline length of more than 300 feet, as measured from the winch drum to the parasail canopy yoke, when carrying any solo passenger who is below 12 years old; and (2) (perform a parasailing operation with a passenger carried by a parasail who is less than 12 years old unless the passenger is accompanied by another passenger who is at least 18 years old, and is able to assist the younger passenger if an emergency occurs.

SUBPART C: MICROLIGHT AIRCRAFT

34.105 APPLICABILITY (a) This Subpart prescribes— (1) regulations, additional to Civil Aviation Regulations (Operations of Aircraft, Air Operator Certification and Administration, and Instruments and Equipment) for the operation of microlight aircraft; and (2) exceptions from Civil Aviation Regulations (Operations of Aircraft, Air Operator Certification and Administration, and Instruments and Equipment), for the operation of microlight aircraft; and (3) the airworthiness and maintenance requirements for microlight aircraft.

34.110 PILOT REQUIREMENTS (a) Each person shall not act as the pilot of a microlight aircraft unless— (1) holds an appropriate current microlight pilot certificate with an appropriate type rating; or (2) holds a current pilot licence issued under Civil Aviation (Personnel Licensing) Regulations with an appropriate type rating; or (3) operates under the direct supervision of the holder of a microlight pilot instructor certificate meeting the requirements of Section 34.110. (b) (Each pilot shall comply with the privileges and limitations of the licence or certificate, and any applicable ratings.

34.115 FLIGHT INSTRUCTION (a) 23. No person shall exercise the privileges of a microlight flight instructor unless that person holds a type rating for the microlight aircraft being used, and holds the qualification being taught, and— (1) that person— (i) holds a microlight pilot instructor certificate; and (ii) complies with the procedures established in the operations manual of the microlight operator controlling the operation; or (2) that person— (i) holds an instructor rating issued under Civil Aviation (Personnel Licensing) Regulations; and (ii) has demonstrated competence in the piloting of a microlight aircraft to a microlight pilot instructor specified in (a).

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34.120 FLIGHT RADIO OPERATOR LICENSE REQUIREMENTS (a) A person operating a microlight aircraft must not use an aeronautical radiotelephone transceiver unless the person holds a pass in the flight radiotelephony written examination required under Civil Aviation (Personnel Licensing) Regulations, Section 7.240.

34.125 REGISTRATION (a) A person must not operate a microlight aircraft unless it has been registered by the Authority (b) Each applicant for the grant of a certificate of registration under Civil Aviation (Aircraft Registration and Marking) Regulations for a microlight aircraft shall provide the Authority with evidence that the aircraft meets a type design standard listed in 34.170(a)(1)(ii). (c) Each operator of a microlight aircraft accepted for registration shall ensure that the aircraft continues to conform to the requirements of paragraph (b).

34.130 DOCUMENTS TO BE CARRIED (a) The requirements of Civil Aviation (Operations of Aircraft) Regulations, Section 10.050 shall not apply to a person operating a microlight aircraft provided these documents are available to the pilot for pre-flight planning. (b) No person shall operate a Class 2 microlight aircraft or a Class 1 microlight helicopter unless the flight permit required by Section 34.160(b) is carried in the aircraft.

34.135 PLACARDS (a) Each operator of a Class 2 microlight aircraft shall ensure that a legible placard is installed in clear view of the pilot stating— (1) the certificated or design gross weight, whichever is the lesser; and (2) the maximum and minimum payload for the aircraft. (b) Each operator of a Class 2 microlight aircraft shall ensure that a legible placard is installed in clear view of the seated passenger— (1) with a title advising that the placard is a passenger warning; and (2) stating that the aircraft does not require an airworthiness certificate.

34.140 FUEL REQUIREMENTS (a) A person shall not commenced a flight unless the aircraft carries sufficient fuel and oil including any reserve carried for contingencies to ensure that it can safely complete the flight taking into account both the meteorological conditions and any delays that are expected in flight.

34.145 MAXIMUM OPERATING ALTITUDE (a) The pilot of a glider shall not operate a glider a maximum operating altitude of more than 3,000 feet AGL.

34.150 MINIMUM ALTITUDE (a) A pilot of a microlight aircraft may operate a microlight aircraft below 500 feet AGL for the purpose of— (1) microlight gyroplane circuit training, provided such operations are not carried out below 200 feet AGL; and (2) practice for, and participation in, microlight aircraft competition flying, provided such operations are— (i) conducted with the knowledge and approval of a microlight organisation; and (ii) carried out in accordance with any conditions imposed by a microlight organisation; and (iii) not carried out below 200 feet AGL.

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34.155 FLIGHT CRITERIA (a) A pilot shall only operate a microlight aircraft— (1) by day; and (2) in VFR meteorological minima. (b) (A pilot of a microlight aircraft shall not operate— (1) over any congested area of a city, town, or settlement; or (2) in controlled airspace or within 3 nautical miles (5.5 km) of an aerodrome unless— (i) the pilot has gained a pass in the air law examination required by Civil Aviation (Personnel Licensing) Regulations, Section 7.280(a)); or (ii) the pilot is under the direct supervision of the holder of a microlight pilot instructor certificate who meets the requirement of paragraph (b)(2)(i). (c) A pilot shall not operate in accordance with paragraph (b)(2)(ii), and the supervising instructor shall not permit such an operation, unless— (1) the instructor fully briefs the pilot on compliance with the regulations for the applicable airspace in which the aircraft will be operated; and (2) a pre-flight briefing for the operation is obtained from ATS.

34.160 TOWING HANG GLIDERS (a) Each pilot of a microlight aircraft towing a hang glider in flight shall hold at least an advanced microlight pilot certificate or a licence issued under Civil Aviation (Personnel Licensing) Regulations, and a microlight tow rating issued by a microlight organisation in the form of a statement of competence in their pilot logbook. (b) The holder of an advanced microlight pilot certificate or a licence issued under Civil Aviation (Personnel Licensing) Regulations, is eligible for the issue of a microlight tow rating if the pilot— (1) has at least 100 hours flight time experience including— (i) at least 80 hours as pilot-in-command of a microlight; and (ii) at least 20 hours as the pilot of the type of microlight aircraft being used; and (2) has been briefed on hang glider towing emergencies and procedures by the holder of a hang glider instructor certificate issued by the Authority operating within a hang glider organisation; and (3) has been briefed on microlight towing emergencies and procedures by the holder of a microlight pilot instructor certificate. (c) A pilot of a microlight aircraft shall not tow a hang glider in flight unless— (1) the towing aircraft is of a type that is capable of controlled flight at speeds below the maximum (2) permissible aero-tow speed prescribed in the specifications of the towed hang glider; and (3) the towing aircraft complies with the equipment requirements of Section 34.200; and (4) release mechanisms on both aircraft have been checked for serviceability prior to the first flight of the day.

34.165 CARRIAGE OF PASSENGERS (a) A pilot must not carry another person in a microlight aircraft unless— (1) the pilot has been authorised by the Authority to do so; and (2) the aircraft is a Class 2 microlight aircraft;

34.170 REQUIREMENT FOR FLIGHT PERMIT (a) The requirements of Civil Aviation (Operations of Aircraft) Regulations, Section 10.355(a)(1) do not apply to a person operating a microlight aircraft.

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(b) A person must not fly a Class 2 microlight aircraft unless there is in force for the aircraft, a flight permit issued in accordance with these regulations.

34.175 APPLICATION FOR FLIGHT PERMIT (a) Each applicant for a flight permit for a Class 2 microlight aircraft shall submit the information required by Section 34.170 to the Authority with a payment of the appropriate fee prescribed by the Authority.

34.180 ISSUE OF FLIGHT PERMIT (a) The Authority may issue a microlight flight permit for Class 2 microlight aircraft if— (1) the applicant for the flight permit provides documented evidence that— (i) a microlight flight permit, or equivalent document acceptable to the Authority, has been issued for the type by the competent authority of an ICAO Contracting State; or (ii) the aircraft conforms to a type design complies with 1 of the following standards— (A) European Aviation Safety Agency (EASA): CS-VLA (B) LAMAC and Transport Canada: DS 10141E Issue 002; (C) any other equivalent standard acceptable to the Authority; or (iii) 6 or more aircraft of the type have been operated and the aircraft type has achieved a documented satisfactory airworthiness history of at least 150 hours of flight including at least 50 hours of flight on one aircraft; or (2) the applicant provides— (i) satisfactory evidence that the aircraft complies with every applicable requirement prescribed under Civil Aviation Regulations (Aircraft Registration and Marking, Operations of Aircraft), and these regulations; and (ii) a statement of hours flown by the aircraft both in total and since any previous flight permit or equivalent document was issued; and) (iii) a statement that any inspection, replacement, overhaul, or other maintenance of the microlight aircraft or its engine or engine components that is considered mandatory by the manufacturer has been complied with; and (3) the aircraft has been inspected by a person authorised by the Authority and that person has certified that the aircraft has no hazardous design features. (b) A microlight flight permit remains in force for 1 year.

34.185 MODIFICATION (a) Where a Class 2 microlight is modified in any manner that may affect the airworthiness of the aircraft, the operator shall ensure Section 34.170 before further flight.

34.190 MAINTENANCE & INSPECTION REQUIREMENTS (a) An operator of a microlight aircraft must ensure that— (1) the aircraft is maintained in an airworthy condition; and (2) every applicable airworthiness directive is complied with; and (3) between required inspections, every defect is rectified. (b) An operator of a microlight aircraft that meets a type design standard listed in Section 34.170(a)(1), must ensure that the aircraft is maintained in accordance with the designer or kitset manufacturer maintenance requirements. (c) Subject to paragraphs (d) and (f), a person must not operate a microlight aircraft unless— (1) an annual inspection of the conditions of the aircraft has been carried out within the preceding 12 months; and (2) the requirements of Section 34.180(a)(2) are complied with.

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(d) The annual condition inspection required by paragraph (c)(1) must be— (1) performed by— (i) a person authorised by a microlight organisation to perform annual condition inspections; or (ii) the Authority; or (iii) a person who holds a current aircraft maintenance engineer licence with appropriate aircraft and engine group ratings issued in accordance with JAR Part 66; and (2) acceptable to the Authority with regard to the items and components inspected. (e) The person who performs the annual condition inspection required by paragraph (c)(1) must, if the person finds the aircraft to be in an airworthy condition,— (1) certify in an inspection form that the aircraft is airworthy; and (i) permanently affix the inspection form required under (a) to the aircraft in a prominent place adjacent to the point of entry; and (ii) retain a copy of the inspection form required under (a) as a record of the certification; and (iii) for a class 2 microlight aircraft, enter the details of the certification in the applicable maintenance record . (f) The aircraft inspection form required under paragraph (e)(1) must include the— (1) aircraft registration markings; and (2) aircraft type; and (3) due date for the next annual condition inspection; and (4) date, signature, and licence or certificate number of the engineer or inspector who carried out the annual condition inspection. (g) If the annual condition inspection that is required under paragraph (c)(1) shows that the aircraft is not airworthy, the operator of the aircraft must not permit the aircraft to be flown until it has been reinspected and certified as airworthy in accordance with paragrahs (d), (e), and (f).

34.195 INSTRUMENT & EQUIPMENT REQUIREMENTS (a) Each operator of a microlight aircraft shall equip the aircraft with— (1) instruments and equipment required— (i) to conform with the aircraft type design; and (ii) by the aircraft designer or kit manufacturer; and (2) the means of indicating— (i) airspeed; and (ii) altitude in feet; and (iii) magnetic heading.

34.200 HANG GLIDER TOWING AIRCRAFT (a) Each person operating a microlight aircraft towing a hang glider in flight shall, in addition to Section 34.195, ensure that— (1) the aircraft is equipped with— (i) a towing installation enabling the tow pilot to release the tow rope at any time, comprising a tow hook and attachment assembly which meets the aircraft’s design standard; and (ii) a rear vision mirror; and (iii) a tow line, which has a weak link incorporated at the tow plane end, with a breaking strength of not more than 100 kg; and (2) the hang glider is equipped with a quick release mechanism for hang glider pilot activation with a simple and positive releasing action with tow rope loads of up to 100 kg rearward from the tow hook within a cone of 45 degrees upwards, 30 degrees downwards, and 30 degrees sideways.

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SUBPART D: GLIDERS

34.205 PURPOSE (a) This Subpart prescribes— (1) regulations, additional to Civil Aviation (Operations of Aircraft) Regulations, for the operation of gliders; and (2) regulations, additional to Civil Aviation (Airworthiness) Regulations, for the maintenance of gliders; and (3) exceptions from Civil Aviation (Operations of Aircraft) (4) Regulations for the operation of gliders; and (5) exceptions from Civil Aviation (Airworthiness) Regulations for the maintenance of gliders. (b) This Subpart does not apply to hang gliders.

34.210 PILOT REQUIREMENTS (a) A pilot of a glider must— (1) hold— (i) a current glider pilot certificate; or (ii) a current private pilot licence (glider) issued in accordance with Civil Aviation (Personnel Licensing) Regulations; or (iii) a current commercial pilot licence (glider) issued in accordance with Civil Aviation (Personnel Licensing) Regulations; and (2) be— (i) at least 21 years of age; or (ii) individually authorised for each flight by glider instructor; and (3) comply with the privileges and limitations of the pilot licence or pilot certificate, and any applicable rating; and (4) comply with the operational standards and procedures of a gliding organisation. (b) Notwithstanding paragraph (a), a person may act as a pilot of a glider without complying with paragraph (a)(1), (2), and (3) if the person acts as a pilot of the glider under the direct supervision of the holder of an instructor rating issued by the Authority. (c) No person may operate a glider over any congested area of a city, town, or settlement, or over any open air assembly of persons.

34.215 TEST FLIGHTS (a) The holder of a current glider pilot certificate and an applicable type rating may act as pilot-in-command of a glider that is operated in accordance with Civil Aviation (Airworthiness) Regulations, Section 4.085 for the purpose of demonstrating the eligibility of the glider for the issue, renewal, or reinstatement of an airworthiness certificate. (b) The holder of a glider pilot certificate and an applicable type rating may perform an operational flight check of a glider under Civil Aviation (Airworthiness) Regulations, Section 4.085 if the glider requires an operational flight check.

34.220 FLIGHT MANUALS (a) A person may operate a glider without carrying a flight manual in the glider if— (1) the flight manual is available to the pilot for pre-flight planning; and (2) cockpit decals provide the reference information necessary for a pilot to safely operate the glider.

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34.225 SIMULATED INSTRUMENT FLIGHT (a) The holder of a glider pilot certificate may act as a safety pilot in a glider for the purpose of simulated instrument flight.

34.230 GROUND SIGNAL (a) If a ground signal is used to indicate that gliding operations are taking place, that signal shall consist of a large white arrow pointing in the direction of take-off and landing.

34.235 RIGHT OF WAY RULES (a) The pilot of a glider soaring on a ridge, where the ridge is to the right of the glider, shall not be required to turn right when approaching another glider head on. (b) The pilot of a glider overtaking another glider soaring on a ridge shall pass on the ridge side of the glider being overtaken. (c) Where two gliders are on final landing approach, the pilot of the higher performance glider shall give way to the lower performance glider.

34.240 INSTRUMENT METEOROLOGICAL CONDITIONS (a) The pilot of a glider may fly in IMC if the flight is conducted within— (1) a restricted area designated for cloud flying; or (2) Class G airspace and the pilot confirms with the appropriate ATS unit at intervals not exceeding 15 minutes that there is no known IFR traffic in or near the proposed area of cloud flying.

34.245 CLEARANCE BELOW CLOUD (a) The pilot of a glider shall fly no closer than 500 feet below cloud within Class E or G airspace.

34.250 FUEL REQUIREMENTS (a) A person shall not commenced a flight unless the aircraft carries sufficient fuel and oil including any reserve carried for contingencies to ensure that it can safely complete the flight taking into account both the meteorological conditions and any delays that are expected in flight.

34.255 MAXIMUM OPERATING ALTITUDE (a) The pilot of a glider shall not operate a glider at a maximum operating altitude of more than 3,000 feet AGL.

34.260 MINIMUM ALTITUDE (a) The pilot of a glider may operate the glider below a height of 500 feet above the surface— (1) for ridge soaring, if the flight does not create a hazard to a person or property on the ground; or (2) if a gliding instructor is conducting launch failure training.

34.265 VFR CRUISING ALTITUDE & FLIGHT LEVEL (a) The pilot of a glider shall not be required to maintain the cruising altitude or flight level for their magnetic track.

34.270 AIRCRAFT EQUIPMENT (a) A person shall not operate a glider unless the following equipment and operative instruments are installed— (1) an airspeed indicator; and (2) a pressure sensitive altimeter adjustable for barometric pressure; and (3) a magnetic compass; and (4) a safety harness for each seat; and (5) a first aid kit; and

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(6) for powered gliders— (i) a quantity gauge for each main fuel tank; and (ii) an oil pressure gauge or warning device for each engine other than a two-stroke engine; and (iii) a tachometer, RPM indicator, or engine governor light for each engine; and (7) for IMC flight— (i) a variometer; and (ii) a turn and slip indicator or artificial horizon; and (iii) a radio communications transceiver that is capable of communication with the appropriate ATS unit.

34.275 GENERAL MAINTENANCE REQUIREMENTS (a) An operator of a glider must ensure that— (1) the glider is maintained in an airworthy condition; and (2) every applicable airworthiness directive is complied with; and (3) the glider is inspected in accordance with— (i) these regulations; and (ii) the applicable requirements; and (4) mandatory replacement times, inspection intervals, and related procedures specified in the airworthiness limitations of the manufacturer’s maintenance manual or instructions for continued airworthiness issued for the glider are complied with; and (5) between required inspections, a defect is rectified in accordance with Civil Aviation (Airworthiness) Regulations.

34.280 MAINTENANCE INSPECTIONS (a) A person must not operate a glider unless, within the preceding 12 months, the glider— (1) has been inspected in accordance with a maintenance programme required under Section 34.270 and has been certified for released-to-service in accordance with Civil Aviation (Airworthiness) Regulations; or (2) has passed an inspection for the issue of an airworthiness certificate.

34.285 MAINTENANCE PROGRAMMES (a) An operator of a glider must maintain the glider, including the airframe, any engine or propeller, component, survival equipment, and emergency equipment, in accordance with the applicable requirements prescribed in Civil Aviation (Operations of Aircraft) Regulations, Subpart B and— (1) the current maintenance schedule recommended by the manufacturer; or (2) a maintenance programme— (i) authorised by a gliding organisation in accordance with Section 34.275 and the applicable procedures in the gliding organisation’s exposition; or (ii) approved by the Authority in accordance with Section 34.275.

34.290 AUTHORISATION & APPROVAL OF MAINTENANCE PROGRAMME (a) An operator of a glider who wishes to maintain the glider in accordance with a maintenance programme under Section 34.275(b) must submit the programme in writing to a gliding organisation for authorisation or, to the Authority for approval. (b) The programme required under r34.285(a) must include the following information: (1) a statement as to whether or not the glider is to be used for a training operation: (2) a schedule for performing the inspections proposed by the programme expressed in terms of the time in service, calendar time, or any combination of these:

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(3) instructions and procedures for the conduct of maintenance for the particular make and model of the glider, including necessary tests and checks. The instructions and procedures must detail the parts and areas of the airframe, engine, propeller and component, including survival and emergency equipment, required to be inspected. (c) If the operator of a glider amends the maintenance programme that is authorised or approved under paragraph (a), the operator must apply the time-in-service or calendar times accumulated under the previous programme when determining inspection due times under the new programme. (d) An operator of a glider who maintains the glider in accordance with a maintenance programme required under 34.285(a)(2) must amend the maintenance programme in accordance with any instruction issued by the gliding organisation that authorised the programme, or the Authority, if the gliding organisation or the Authority determines that an amendment is required to ensure the continued adequacy of the programme.

34.295 TECHNICAL LOG (a) Each operator of a glider shall provide a technical log forthe aircraft which has provision for recording— (1) the name and address of the operator; and (2) the identity of the maintenance programme to which the glider is maintained; and (3) a statement of the inspection status of the glider including the identity of the next due inspection and the date of that inspection; and (4) the date the last annual review of airworthiness was performed; and (5) the daily hours flown including the total time in service; and (6) the pilot daily inspection signature; and (7) the first and second control check signatures after rigging; and (8) any defects found by the pilot during or following a flight; and (9) details of rectification of defects occurring between scheduled inspections and the certificate of release to service for that rectification; and (10) details of any deferred rectification including any inoperative equipment allowed to be inoperative under Civil Aviation (Operations of Aircraft) Regulations, Section 10.030. (b) The operator shall record the information specified in paragraph (a) in the technical log and ensure that the information is current, except that the daily hours flown, and total time in service, may be recorded in daily flying sheets that are of a permanent nature.

34.300 PILOT MAINTENANCE (a) Notwithstanding Civil Aviation (Airworthiness) Regulations, Section 4.125, a person who holds a current glider pilot certificate may perform the maintenance listed in Appendix 1 to 4.140 of the Civil Aviation (Airworthiness) Regulations on a glider if the person is the owner or operator of the glider. (b) A person who performs maintenance on a glider under paragraph (a) may certify the glider for release-to- service after performing the maintenance.

SUBPART E: HANG GLIDERS

34.305 APPLICABILITY (a) This Part prescribes— (1) Regulations; additional to Civil Aviation (Operations of Aircraft) Regulations, for the operation of hang gliders; and (2) exceptions from Civil Aviation (Operations of Aircraft) Regulations, for the operation of hang gliders.

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34.310 PILOT REQUIREMENTS (a) A pilot of a hang glider must— (1) be a bonafide member of a hang gliding organisation; and (2) hold an appropriate hang glider pilot certificate; and (3) comply with the privileges and limitations of his or her pilot certificate and any applicable ratings; and (4) comply with the operational standards and procedures of the hang gliding organisation. (b) Despite paragraph (a)(2), a person who does not hold an appropriate hang glider pilot certificate may operate a hang glider under the direct supervision of the holder of a hang glider instructor certificate issued by a hang gliding organisation referred to in paragraph (a)(1).

34.315 AIRCRAFT AIRWORTHINESS (a) Hang gliders and their component parts and equipment are not required to meet the airworthiness certification standards specified for aircraft or to have certificates of airworthiness.

34.320 REGISTRATION (a) A person must not operate a hang glider unless it has been registered by the Authority. (b) A pilot shall not operate a hang glider unless it is identified by a hang glider identification mark.

34.325 AIRCRAFT DOCUMENTS (a) The requirements of Civil Aviation (Operations of Aircraft) Regulations, Section10.020 shall not apply to a person operating a microlight aircraft provided these documents are available to the pilot for pre-flight planning.

34.330 FUEL REQUIREMENTS (a) A person shall not commenced a flight unless the aircraft carries sufficient fuel and oil including any reserve carried for contingencies to ensure that it can safely complete the flight taking into account both the meteorological conditions and any delays that are expected in flight.

34.335 AIRCRAFT EQUIPMENT (a) Each person operating a hang glider shall be equipped with an altimeter that shows height above the ground to an accuracy of 100 feet.

34.340 AIRCRAFT MAINTENANCE (a) Each person operating a hang glider shall ensure that the hang glider is maintained in an airworthy condition at all times and the hang glider has a current certificate of fitness issued by a qualified person.

34.345 SAFETY EQUIPMENT (a) Each pilot and passenger of a hang glider shall wear a— (1) serviceable rigid protective helmet conforming to the standards of a hang glider manufacture; and (2) a harness of a type conforming to the standards of a hang glider manufacturer.

34.350 RIGHT-OF-WAY RULES (a) A pilot of a hang glider soaring on a ridge, where the ridge is to the right of the hang glider, is not required to turn right when approaching another hang glider head on. (b) A pilot of a hang glider overtaking another hang glider soaring on a ridge shall pass on the ridge side of the hang glider being overtaken.

34.355 CLEARANCE BELOW CLOUD (a) A person shall fly a hang glider no closer than 500 feet below cloud in—

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(1) Class G airspace; or (2) Class E airspace, except in transponder-mandatory airspace.

34.360 MAXIMUM OPERATING ALTITUDE (a) The pilot of a glider shall not operate a glider a maximum operating altitude of more than 3,000 feet AGL.

34.365 MINIMUM ALTITUDE (a) A person may fly a hang glider below a height of 500 feet for ridge soaring, if such flight does not hazard persons or property on the ground.

34.370 CONDITIONS FOR FLIGHT (a) A person shall not fly a hang glider at night.

34.375 LAUNCH SITES (a) Each pilot of a hang glider shall only launch the hang glider from a launch site authorised by the Authority. (b) No person may operate a hang glider over any congested area of a city, town, or settlement, or over any open air assembly of persons.

34.380 CALLSIGNS (a) Each pilot of a hang glider shall use their pilot identification number for all two-way radio communications with ATS.

34.385 TOWING A HANG GLIDER IN FLIGHT (a) A person, other than the pilot of a microlight aircraft, must not tow a hang glider in flight.

End of RCAR Part 34

Page 34-16 of 16 1154 Official Gazette no.Special of 27/07/2018

Bibonye kugira ngo bishyirwe ku mugereka Seen to be annexed to Ministerial Vu pour être annexé à l’Arrêté w’Iteka rya Minisitiri no04/CAB.M/018 ryo ku wa Order no04/CAB.M/018 of 24/07/2018 Ministériel no04/CAB.M/018 du 24/07/2018 rishyiraho amabwiriza ajyanye establishing civil aviation regulations 24/07/2018 établissant les règlements de n’iby’indege za gisivili l'aviation civile

Kigali, ku wa 24/07/2018 Kigali, on 24/07/2018 Kigali, le 24/07/2018

(sé) (sé) (sé) GATETE Claver GATETE Claver GATETE Claver Minisitiri w’Ibikorwa Remezo Minister of Infrastructure Ministre des Infrastructures

Bibonywe kandi bishyizweho Ikirango cya Seen and sealed with the Seal of the Vu et scellé du Sceau de la République: Repubulika: Republic:

(sé) (sé) (sé) BUSINGYE Johnston BUSINGYE Johnston BUSINGYE Johnston Minisitiri w’Ubutabera/ Intumwa Nkuru ya Leta Minister of Justice/ Attorney General Ministre de la Justice/ Garde des Sceaux

1155 Official Gazette no.Special of 27/07/2018

UMUGEREKA WA 35 W’ITEKA RYA ANNEX 35 TO MINISTERIAL ORDER ANNEXE 35 D’ARRETE MINISTERIEL MINISITIRI No04/CAB.M/018 RYO KU WA No04/CAB.M/018 OF 24/07/2018 No04/CAB.M/018 DU 24/07/2018 24/07/2018 RISHYIRAHO AMABWIRIZA ESTABLISHING CIVIL AVIATION ETABLISSANT LES REGLEMENTS DE AJYANYE N’IBY’INDEGE ZA GISIVILI REGULATIONS L'AVIATION CIVILE

1156 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 35

Part 35 Registration of Interest in Aircraft

SUBPART A: GENERAL ...... 3 35.001 CITATION & APPLICABILITY ...... 3 35.005 DEFINITIONS ...... 3 35.010 ACRONYMS & ABBREVIATIONS ...... 3 35.015 COMPLETION OF DOCUMENTS & POWER OF ATTORNEY ...... 3 SUBPART B: MORTGAGES ...... 3 35.020 DEED OF MORTGAGE ...... 3 35.025 DISCHARGE OF MORTGAGE ...... 4 35.030 TRANSFER OF MORTGAGE ...... 4 35.035 DECLARATION OF TRANSMISSION OF RIGHTS IN MORTGAGE ...... 4 35.040 CERTIFICATE OF MORTGAGE ...... 4 35.045 REGISTER OF AIRCRAFT MORTGAGES ...... 4 35.050 FEES ...... 5

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SUBPART A: GENERAL

35.001 CITATION & APPLICABILITY (a) These Regulations may be cited as the Civil Aviation (Registration of Interest in Aircraft) Regulations. (b) This Part prescribes the requirements for with the aim to reduce the cost of raising finance by— (1) providing for the creation and registration of an “international interest” (such as a mortgage or lease). (2) remedies available to creditors should there be a default by an airline or other business. (c) Civil Aviation Technical Standards (Registration of Interest) published by the Authority shall also be applicable to the operational control of aircraft operations.

35.005 DEFINITIONS (a) In these regulations a word or expression to which a meaning has been assigned in the Law Governing Civil Aviation, shall have the meaning so assigned to it, and unless the context otherwise indicates-— Aircraft. Includes a share in the aircraft Authority. The Rwanda Civil Aviation Authority established under the laws of Rwanda.

35.010 ACRONYMS & ABBREVIATIONS (a) The following acronym is used in this Part— RCATS = Rwanda Civil Aviation Technical Standards.

35.015 COMPLETION OF DOCUMENTS & POWER OF ATTORNEY (a) All documents shall be signed in black ink of durable quality. (b) All documents and copies thereof shall be completed in clearly legible writing, printing or typescript of good quality. (c) All copies of the documents to be submitted to the Authority shall be certified true copies. (d) The Authority may refuse to accept any document or copy thereof which does not comply with any provision of this regulation. (e) The relevant power of attorney shall be submitted to the Authority in every case where— (1) a partner has been authorised to act on behalf of a partnership; or (2) an officer has been authorised to act on behalf of a company, close corporation, organisation or other juristic person.

SUBPART B: MORTGAGES

35.020 DEED OF MORTGAGE (a) A deed of mortgage referred in the Law Governing Civil Aviation shall— (1) if it is intended to secure payment of a capital sum, be made on a form prescribed in RCATS 35.020.01; and (2) if it is intended to secure payment of the amount that may be due under a current account, be made on a form prescribed in RCATS 35.020.01. (a) A deed of mortgage referred to in paragraph (a) shall be submitted in triplicate to the Authority. (b) A deed of mortgage referred to in paragraph (a) is produced for recording upon the date and at the time it is received by the Authority. (c) For the purposes of these regulations the Authority shall return the original deed of mortgage to the mortgagee and send a copy thereof to the mortgagor. Page 35-3 of 6 1159 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 35

35.025 DISCHARGE OF MORTGAGE (a) A notification of the discharge of a mortgage shall be given on a form prescribed in RCATS 35.025. (b) A notification of the discharge of a mortgage referred to in paragraph (a) shall be submitted in triplicate to the Authority. (c) The Authority shall return one copy of the original notification referred to in paragraph (a) to the mortgagee and send another copy to the mortgagor.

35.030 TRANSFER OF MORTGAGE (a) A transfer of a mortgage by deed of cession shall be made on a form 3 mortgage prescribed in RCATS 35.030. (b) A deed of cession referred to in paragraph (a) shall be submitted in quadruplicate to the Authority. (c) The Authority shall return the original deed of cession to the transferor and a copy thereof to the transferee and the mortgagor, respectively.

35.035 DECLARATION OF TRANSMISSION OF RIGHTS IN MORTGAGE (a) The declaration of transmission shall be— (1) executed in the form prescribed in RCATS 35.035; and (2) accompanied by— (i) the original deed of mortgage; and (ii) if the transmission takes place by virtue of a marriage, a certified true copy of the marriage certificate or other legal evidence of the marriage, and (iii) if the transmission takes place by virtue of an antenuptial contract, a notarially certified copy of the antenuptial contract; or (iv) if the transmission is consequent on death, a certificate signed by the Master having jurisdiction in respect of the estate of the deceased person from whom the rights in a mortgage over an aircraft has been transmitted, and the letter of administration of the executor or, if no Master has such jurisdiction, any other proof of the transmission to the satisfaction of the Authority. (b) A declaration of transmission referred to in paragraph (a) shall be submitted in triplicate to the Authority. (c) The Authority shall return one copy of the original declaration referred to in paragraph (a) to the declarant and send another copy to the mortgagor.

35.040 CERTIFICATE OF MORTGAGE (a) An application for a certificate of mortgage shall be made on a form prescribed in RCATS 35.040.01. (b) A certificate of mortgage shall contain the following particulars— (1) The full name and address of the person who is to enter into the mortgage on behalf of the registered owner; (2) the maximum amount of the mortgage, if it is intended to fix any such maximum; (3) the place where the relevant power of attorney is to be exercised or, if no place is specified, a declaration that it may be exercised anywhere, subject to the provisions of these regulations; and (4) the limit of time within which the relevant power of attorney may be exercised (c) An application for a new certificate of mortgage shall be made on a form prescribed in RCATS 35.040.02.

35.045 REGISTER OF AIRCRAFT MORTGAGES (a) The register of aircraft mortgages referred to in the Law Governing Civil Aviation shall contain the following particulars— (1) In respect of the recording of a deed of mortgage— Page 35-4 of 6 1160 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 35

(i) the full name of the mortgagor; (ii) the identity or registration number of the mortgagor; (iii) the full business of residential address of the mortgagor; (iv) the postal address of the mortgagor; (v) the full name of the mortgagee; (vi) the identity or registration number of the mortgagee; (vii) the full business or residential address of the mortgagee; (viii) the date of the mortgage; (ix) a description of the mortgaged aircraft, including its type, (x) nationality and registration marks and aircraft serial number; and (xi) the sum secured by the mortgage and where the sum secured is a (xii) fluctuating amount, the upper and lower limits, if any; (2) in the case of the recording of a discharge of an aircraft mortgage, the date on which the Authority cancels the deed of mortgage; (3) in the case of the recording of a deed of cession of aircraft mortgage— (i) the full name of the transferee; (ii) the identity or registration number of the transferee; (iii) the full business or residential address of the transferee; and (iv) the postal address of the transferee; (4) in the case of the recording of a declaration of transmission of rights in aircraft mortgage— (i) the full name of the declarant; (ii) the identity number of the declarant; (iii) the full business or residential address of the declarant; (iv) the postal address of the declarant; and (v) the date on which the interest has been transmitted; and (5) e. in the case of the issuing of a certificate of mortgage— (i) the full name of the person who is to enter into the mortgage on behalf of the registered owner; (ii) the full business or residential address of the person referred to in subparagraph (i); (iii) the full name of the registered owner; (iv) the full business or residential address of the registered owner; (v) a description of the aircraft to be mortgaged; (vi) the maximum amount of the mortgage, if it is intended to fix any such maximum; (vii) the country where the relevant power of attorney is to be exercised; and (viii) the limit of time within which the power of attorney may be exercised. (b) The particulars referred to in paragraph (a)(1) shall be recorded in the register within 7 days from the date of receipt thereof by the Authority. (c) The register shall be kept in a safe place at the office of the Authority.

35.050 FEES The application for registration of interest in aircraft shall be accompanied by a fee prescribed by the Authority, in line with the provisions of Civil Aviation (Fees and Charges) Regulations.

End of RCAR Part 35

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Bibonye kugira ngo bishyirwe ku mugereka Seen to be annexed to Ministerial Vu pour être annexé à l’Arrêté w’Iteka rya Minisitiri no04/CAB.M/018 ryo ku wa Order no04/CAB.M/018 of 24/07/2018 Ministériel no04/CAB.M/018 du 24/07/2018 rishyiraho amabwiriza ajyanye establishing civil aviation regulations 24/07/2018 établissant les règlements de n’iby’indege za gisivili l'aviation civile

Kigali, ku wa 24/07/2018 Kigali, on 24/07/2018 Kigali, le 24/07/2018

(sé) (sé) (sé) GATETE Claver GATETE Claver GATETE Claver Minisitiri w’Ibikorwa Remezo Minister of Infrastructure Ministre des Infrastructures

Bibonywe kandi bishyizweho Ikirango cya Seen and sealed with the Seal of the Vu et scellé du Sceau de la République: Repubulika: Republic:

(sé) (sé) (sé) BUSINGYE Johnston BUSINGYE Johnston BUSINGYE Johnston Minisitiri w’Ubutabera/ Intumwa Nkuru ya Leta Minister of Justice/ Attorney General Ministre de la Justice/ Garde des Sceaux

1163 Official Gazette no.Special of 27/07/2018

UMUGEREKA WA 36 W’ITEKA RYA ANNEX 36 TO MINISTERIAL ORDER ANNEXE 36 D’ARRETE MINISTERIEL MINISITIRI No04/CAB.M/018 RYO KU WA No04/CAB.M/018 OF 24/07/2018 No04/CAB.M/018 DU 24/07/2018 24/07/2018 RISHYIRAHO AMABWIRIZA ESTABLISHING CIVIL AVIATION ETABLISSANT LES REGLEMENTS DE AJYANYE N’IBY’INDEGE ZA GISIVILI REGULATIONS L'AVIATION CIVILE

1164 Official Gazette no.Special of 27/07/2018

Civil Aviation Regulations Part 36 Economic Regulations

SUBPART A. GENERAL ...... 4 36.001 CITATION AND APPLICABILITY ...... 4 36.005 DEFINITIONS ...... 4 36.006 ACRONYMS AND ABBREVIATIONS ...... 6 SUBPART B. ECONOMIC REGULATION OF AERODROMES ...... 6 36.010 FUNCTIONS OF THE AUTHORITY ...... 6 36.015 SCHEDULE OF AERODROMES SUBJECT TO ECONOMIC REGULATION ...... 7 36.020 AERODROME IMPROVEMENT FEE ...... 7 36.025 REQUIREMENT TO LEVY CHARGES ...... 7 36.030 CONDITIONS AND LIMITATIONS ...... 9 36.035 MANDATORY CONDITIONS FOR SCHEDULED AERODROMES ...... 9 36.040 INVESTIGATIONS BY AUTHORITY ...... 11 36.045 DISCRETIONARY CONDITIONS ...... 12 36.050 PROVISIONS SUPPLEMENTARY TO REGULATION 36.045 ...... 13 36.055 ENFORCEMENT OF CONDITIONS OTHER THAN ACCOUNTS CONDITIONS ...... 13 36.060 VALIDITY AND EFFECT OF COMPLIANCE ORDER ...... 14 36.065 BREACH OF ACCOUNTS CONDITIONS AND PENALTIES ...... 15 36.070 SUPPLEMENTARY PROVISIONS CONCERNING CONDITIONS ...... 15 36.075 SLOT MANAGEMENT ...... 16 SUBPART C. CONSUMER/AIR CARRIER RIGHTS AND OBLIGATIONS ...... 16 36.080 CONSUMERS RIGHTS AND OBLIGATIONS ...... 16 36.085 AIR CARRIERS RIGHTS AND OBLIGATIONS ...... 17 36.090 DENIED BOARDING ...... 17 36.095 CANCELLATION OF FLIGHT...... 18 36.100 DELAY OF FLIGHT ...... 20 36.105 NO –SHOW OF PASSENGER ...... 21 36.110 PERSONS WITH DISABILITY OR SPECIAL NEEDS ...... 21 36.115 BAGGAGE HANDLING ...... 22 36.120 FURTHER COMPENSATION ...... 22 36.125 RIGHT TO CARE ...... 22 36.130 RIGHT TO REDRESS ...... 23

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36.135 EXCLUSION OF WAIVER ...... 23 36.140 PASS-OFF BY AIR CARRIERS...... 23 36.145 CONSUMER COMPLAINT HANDLING PROCEDURES ...... 23 36.150 COMPLAINTS BY PERSONS WITH DISABILITY AND SPECIAL NEEDS ...... 24 36.155 COMPLAINTS HANDLING PROCEDURES OF THE AUTHORITY ...... 24 36.160 JURISDICTION ...... 24 36.165 EXONERATION OF AIR CARRIER ...... 24 36.170 REPORTING ...... 25 36.175 TRANSITIONAL PROVISION ...... 25 SUBPART D. AIR NAVIGATION SERVICES ...... 25 36.180 CONDITIONS FOR ESTABLISHING AIR NAVIGATION SERVICES CHARGE ...... 25 36.185 MANDATORY CONSULTATION BETWEEN ANSPS AND USERS IN THE ESTABLISHMENT OF AIR NAVIGATION SERVICES CHARGES ...... 26 36.190 CHARGEABLE AIR NAVIGATION SERVICES ...... 27 36.195 DETERMINING COSTS ...... 27 SUBPART E. REGULATORY FEES ...... 28 36.200 FEES TO BE CHARGED ...... 28 36.205 EXPENSES FOR SERVICES OR INSPECTIONS OUTSIDE RWANDA ...... 28 36.210 FEES FOR LICENCE OR PERMIT TO OPERATE AIR SERVICES ...... 28 36.215 OVERSIGHT CHARGES ...... 28 36.220 FEES FOR EXEMPTION FROM ANY OF THE CIVIL AVIATION REGULATIONS ...... 29 36.225 EXEMPTION FROM FEES AND CHARGES ...... 29 36.230 NOTICE OF THE FEES AND CHARGES ...... 29 36.235 PENALTIES ...... 29 36.240 PERSONS LIABLE FOR THE FEES AND CHARGES ...... 29 36.245 DEFAULT ...... 29 36.250 PURCHASE OF AERONAUTICAL INFORMATION PUBLICATIONS AND OTHER PUBLICATIONS ...... 29 36.255 RENT CHARGES ON AUTHORITY’S FACILITIES ...... 30 SUBPART F. AIR SERVICE AGREEMENTS ...... 30 36.260 GUIDELINES FOR NEGOTIATING AIR SERVICE AGREEMENTS ...... 30 36.265 REGISTRATION OF AGREEMENTS ...... 30 36.270 RIGHT TO TAKE ACTION FOLLOWING NON COMPLIANCE ...... 30 36.275 SCHEDULED INTERNATIONAL AIR OPERATIONS ...... 31 36.280 COMPOSITION OF THE AIR SERVICE AGREEMENT DELEGATION OR NEGOTIATING TEAM ...... 31 36.285 FREEDOMS OF THE AIR IN RESPECT OF SCHEDULED INTERNATIONAL AIR SERVICES ...... 31 SUBPART G. PROVISIONS APPLICABLE TO ALL SUBPARTS ...... 32 36.290 MISCELLANEOUS PROVISIONS ...... 32

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36.295 OBLIGATION FOR CONFIDENTIALITY ...... 32 36.300 RIGHT TO APPEAL ...... 33 36.305 ADMINISTRATIVE FINES ...... 33

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SUBPART A. GENERAL

36.001 Citation and applicability (a) This Part may be cited as Civil Aviation (Economic) Regulations. (b) The Authority may issue technical standards generally for giving effect to the provisions and purposes of this regulation. (c) Technical Standards issued under sub regulation (b) shall be subject to affirmative resolution. (d) Any action, award, decision made or granted by the Authority before the commencement of these Regulations shall remain valid.

36.005 Definitions (a) When the following terms are used in this Part for Economic regulation, they have the following meanings: — Aerodrome operator. means a person operating an aerodrome licensed or certificated under Part 26 -Civil Aviation (Aerodrome) Regulations; Air Carrier. - A person, organization or enterprise engaged in or offering to engage in an aircraft operation. For the purposes of this Part, the term also includes air operators operating under code sharing and wet-leasing arrangements, aerodrome operator and ground handling service provider; Air operator. - means an entity carrying or authorized to carry out specified commercial air transport operations; Air navigation services.- include air traffic management (ATM); communications, navigation and surveillance systems (CNS); meteorological services for air navigation (MET); search and rescue (SAR); and aeronautical information services (AIS); Air Service. - means any services performed by means of an aircraft for reward Air navigation services provider (ANSP). - Any entity providing ATM and/or other of the air navigation services Authority.- Means Rwanda Civil Aviation Authority Baggage. - means such articles, effects and other personal property of a consumer as are necessary or appropriate for wear, use, comfort or convenience in connection with the trip. Unless otherwise specified, it includes both checked and unchecked baggage of the Consumer; Cancellation of flight. - means the non-operation of a flight which was previously planned and on which at least one place was reserved; Cancellation by Air Carrier. - Except when its due to safety or Security reasons, means the non-operation of a flight which was previously planned on which one seat was reserved” Cancellation by Consumer. - voluntary decision by consumer not to accept the services offered by an air operator. Care to a passenger. - means support at no cost to a passenger or a service or services offered, at no cost to the consumer, by an air carrier such as but not limited to, meals and refreshments in reasonable relation to the waiting time, transport between the aerodrome and place of accommodation, hotel accommodation and such other assistance; Compensation. - means the monetary value offered to the consumer for damages resulting from violations of the air carrier or air operator. Complaint. - means a statement of dissatisfaction with an air carrier’s customer care services, safety and security operations of an air carrier made by a consumer; Consumer. - means any natural or corporate person, except members of the operating crew, carried or to be carried in an aircraft with the consent of the air operator.

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Consumer Protection Department. - means the competent department in RCAA, which supervises Consumer protection affairs in accordance with this Part, and the Civil Aviation Law. Delay of flight. - means the result of not being able to board a flight and take off or 15 minutes before or after ETD. Denied boarding. - means a refusal to carry a consumer on a flight, although they have presented themselves for boarding under the conditions laid down in regulation 36.090 of this Part except where there are reasonable grounds to deny them boarding. Domestic Aerodrome. - means a defined area on land or water intended to be used either partly or wholly in part for the arrival and departure of an aircraft within Rwanda. Disruption. - means a state during the execution of air operations where the deviation from the plan is sufficiently large to impose a substantial change in the provision of air carriage. Economic oversight. -The function by which the authority supervises commercial and operational practices of an airport, an ANSP or other service providers. ETD. - means the date and time contained in a ticket indicating when an aircraft is expected to depart from an aerodrome. Extraordinary Circumstances. - includes an unexpected event which could not have been avoided even if all reasonable measures had been taken, and provided the air carrier simultaneously proves: 1. The existence and the link between the extra-ordinary circumstances and the delay or cancellation, and 2. The fact that this delay or cancellation could not have been avoided although it took all reasonable measures. Consequently, an extra-ordinary circumstance may include, on a case-by-case assessment, Acts of Sabotage or Terrorism, Acts of God or Nature, Political or Civil unrest, Latent manufacturing defects, Wars or acts of foreign enemies, strikes or lock-outs. Ground handling service provider. - means an entity providing services, either terminal or airside services, to an aircraft while on the ground; Infringement notice. - means a notice as prescribed under the Civil Aviation Law; Infringement notice offence. - means an offence committed under any of the regulations where a penalty or fine is stipulated; Minister. - means the Minister in charge of civil aviation No show of passenger. - means a passenger who fails to present themselves or presents themselves at a later date or time other than the check-in time indicated by the air carrier. Person with Disability. - means any person whose mobility is reduced due to a physical incapacity (sensory or locomotor), an intellectual deficiency, age, illness or any other cause of disability when using transport and whose situation needs special attention and the adaptation to the person’s needs of the services made available to all passengers; Person with Special Needs. -means person other than a person with disability that requires attention and the adaptation to the person’s needs of the services made available to all passengers; Providers. - Refers to entities providing and operating airports or air navigation services Reservation. - means legal contract whereby an airline undertakes, in exchange for a certain amount of money, to provide a seat to a specific passenger by plane on a specific flight from one specified aerodrome to another. Service animals. - means animals, normally being dogs or other animals for the purpose of accompanying persons with disabilities with the objective of providing them with physical or/and emotional support, being under the control of the person with disabilities and provided that their presence on board an aircraft: 1. does not endanger the safety of flight operations; 2. is not reasonably considered as a threat to other passengers; and

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3. does not cause health concerns related to hygiene. Ticket. - means the document, issued by or on behalf of a carrier giving entitlement to transport, and includes the Conditions of Contract and notices and the flight and passenger coupons contained therein. Ticket arrangement. in these regulations means a plan under the air carrier’s conditions of carriage relating to passengers travelling free of charge or at reduced fares not available directly or indirectly to the public. Unfair trade practices. - consist of using various deceptive, fraudulent or unethical methods to obtain business and include misrepresentation, false advertising, tied selling and other acts that are declared unlawful by statute Unconscionable Act. - means an act that shows no regard for conscience and it affronts the sense of justice, decency of reasonableness Users. - This term refers to aircraft operators as users of airports and air navigation facilities and services. The term “end-users” refers to ultimate consumers in general (for example, passengers and shippers).

36.006 Acronyms and abbreviations ETD-the date and time contained in a ticket indicating when an aircraft is expected to depart from an aerodrome RCAA- Rwanda Civil Aviation Authority established under the Law establishing Rwanda Civil Aviation Authority and determining its mission, organisation and functioning RCATS- Rwanda Civil Aviation Technical Standards SDR- Special Drawing Rights

SUBPART B. ECONOMIC REGULATION OF AERODROMES

36.010 Functions of the Authority (a) The Authority shall perform its functions under this regulation in such a manner as it considers best calculated to- 1) Further the reasonable interests of users of aerodromes within Rwanda and to provide economical and reliable services to those users by establishing a system for the regulation of aerodromes that takes account of those interests; 2) Promote the efficient, economic and profitable operation of aerodromes; 3) Ensure compliance with such international obligations of Rwanda as may be notified to the Authority by the minister; 4) Create an enabling environment for potential investors in aerodromes; 5) Encourage investment in new facilities at aerodromes in time to satisfy demands by users of the aerodromes; 6) Impose such restrictions on the aerodrome operator as are consistent with the performance by the authority of its functions; 7) Further such vital public interests as may be notified to the Authority by the minister from time to time; and 8) Ensure that the aerodrome is operated in accordance with performance standards and service levels consistent with Part 26 – Rwanda Civil Aviation (Aerodromes) Regulations. (b) In making a decision in the exercise of its functions under this regulation, the Authority shall observe reasonable standards of procedural fairness, act in a timely fashion and observe the rules of natural justice, and, without prejudice to the generality of the foregoing, the Authority shall- 1) Consult with persons who are or are likely to be affected by the decision; 2) Give to such persons an opportunity to make submissions and to be heard by the Authority;

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3) Have regard to the evidence adduced at any such hearing and to the matters contained in any such submission; 4) Give reasons in writing for each decision; 5) Give notice of each decision in the prescribed manner.

36.015 Schedule of aerodromes subject to economic regulation (a) The Authority: - 1) shall, in so far as considered appropriate, publish a schedule indicating aerodromes subject to economic regulation under this Part. 2) may amend the schedule subject to affirmative resolution. 3) shall designate a person to operate an aerodrome or parts thereof as an approved aerodrome operator for the purposes of this regulation.

36.020 Aerodrome improvement fee (a) Subject to approval by the Authority, an aerodrome operator may levy an aerodrome improvement fee to be paid by each passenger using an aerodrome for the purpose of travel from Rwanda. (b) The aerodrome improvement fee may not be payable by such categories of passengers as may be approved by the Authority. (c) the Authority may, upon application made by or on behalf of any person who has paid or is liable for payment of the aerodrome improvement fee under this regulation, waive or cause the aerodrome operator to remit or refund such fee in whole or in part if, in the circumstances of the case the Authority deems it expedient to do so and any such waiver, remission or refund shall be subject to such special conditions as may be agreed between the aerodrome operator and the Authority. (d) The Authority shall upon approval of an application by the aerodrome operator under sub regulation (a) publish the modalities for the payment and collection of the aerodrome improvement fee. (e) Fees collected by way of aerodrome improvement fee shall be paid into a special fund which shall be established by the aerodrome operator for that purpose and be applied to purposes conducive to capital improvements at an aerodrome on such terms and conditions as are specified under regulation 36.001.

36.025 Requirement to levy charges (a) No aerodrome charges shall be levied at a scheduled Aerodrome unless- 1) they are levied by the approved aerodrome operator; and 2) the Authority has granted permission for and has approved the levying of such charges. (b) An approved aerodrome operator shall apply to the Authority for permission to levy aerodrome charges. (c) An application under sub regulation (b) shall- 1) contain such particulars with respect to such matters as prescribed and published by the Authority. 2) be accompanied by the prescribed fee. (d) Where an application is made under sub regulation (b), then as from the date of the application or the date when the aerodrome becomes a scheduled aerodrome under this Part, whichever is the later, there shall, by virtue of this sub regulation, be deemed for all purposes to be a permission in force under this regulation in respect of any existing aerodrome charges levied at that aerodrome until- 1) the Authority grants permission in relation to the application; or 2) the application is withdrawn or the Authority notifies the applicant in writing that the permission is refused.

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(e) Any permission granted under this regulation in relation to an aerodrome shall come into force on the later of the following dates, namely- 1) the date on which it is granted; or 2) the date on which the aerodrome becomes a scheduled aerodrome under this regulation and such permission shall remain in force until it is revoked pursuant to regulation 36.060, (f) Where the Authority grants permission to an approved aerodrome operator to levy any aerodrome charges, that approved aerodrome operator shall, before levying such charges- 1) consult with such categories of persons as may be Prescribed; and 2) obtain the approval of the Authority for the levying of such charges. (g) In determining whether to approve aerodrome charges the Authority shall take into account- 1) the objectives referred to in regulation 36.010; 2) the efficiency of the operations; 3) compliance with quality and performance standards; 4) performance by the operator in terms of commitments undertaken under the conditions by which he was approved as an aerodrome operator; 5) whether the proposed charges would be reasonable in light of the services provided; 6) whether the proposed charges can be justified taking into account revenues from the operations of the aerodrome from all sources including aeronautical and so much of the non-aeronautical revenues as the Authority deems appropriate. (h) In the event that Local air quality (LAQ) emissions related charges are to be levied by aerodrome operators, the following principles shall apply: 1) LAQ emissions-related charges should be levied only at airports with a defined LAQ problem, either existing or projected, and should be designed to recover no more than the costs of measures applied to the mitigation or prevention of the damage caused by the aircraft. 2) The cost basis for charges should be established in a transparent manner, and the share directly attributable to aircraft should be properly assessed. 3) Consultations with stakeholders should take place before any such charges are imposed on users. 4) LAQ emissions-related charges should be designed to address the LAQ problem in a cost-effective way. 5) LAQ emissions-related charges should be designed to recover the costs of addressing the LAQ problem at airports from the users in a fair and equitable manner, should be non-discriminatory between users, and not be established at such levels as to be prohibitively high for the operation of certain aircraft. 6) It is recommended that in levying LAQ emissions-related charges special consideration be given to the need to reduce the potential impact on the developing world. 7) LAQ emissions-related charges could be associated with the landing charges, possibly by means of surcharges or rebates, or in the form of separate charges but should be subject to the proper identification of costs. 8) It is recommended that the aircraft emissions charges scheme be based on data that most accurately reflect the actual operations of aircraft. In the absence of such data, ICAO standardized landing/take off (LTO) cycle times-in-mode should be used (Annex 16 — Environmental Protection to the Convention on International Civil Aviation, Volume II — Aircraft Engine Emissions). 9) Any State imposing LAQ emissions-related charges on aircraft that are in international operation should annually report the existence of such charging schemes to ICAO. The charging authority should maintain records regarding the fees collected and the use of funds to be made available to all users.

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(i) A permission granted under this regulation shall remain in force notwithstanding any change in the approved aerodrome operator. (j) When considering any application made under sub regulation (b), the Authority shall: 1) process the application in accordance with national and international standards; 2) process the application within 30 days of receipt of the application. (k) The Authority may reject an application if requirements stated in this regulation are not complied with.

36.030 Conditions and limitations (a) Every approved aerodrome operator to whom permission is granted under this Part shall comply with such conditions and limitations as are imposed by the Authority in relation to the grant of such permission. (b) The Authority shall impose such conditions and limitations as it considers necessary for the proper performance of its functions under this regulation. (c) Pre-funding of projects through charges should not be used to fully recover costs in advance of commissioning of new aerodrome facilities or infrastructure but may be accepted in specific circumstances, after having allowed for possible contributions from non-aeronautical revenues, where this can assist in financing long term, large-scale investment, provided that strict safeguards are in place, including the following: 1) Effective and transparent economic oversight of charges and the related provision of services, including performance management; 2) Comprehensive and transparent accounting, with assurances that resulting charges are, and will remain, earmarked for civil aviation services or projects; 3) Advance, transparent and substantive consultation by providers and, to the greatest extent possible, agreement with users regarding significant projects being pre-funded; and 4) Application for a limited period of time with users benefiting from lower charges and from smooth.

36.035 Mandatory conditions for scheduled aerodromes (a) Where an aerodrome becomes a scheduled aerodrome for the purposes of this Part, the Authority shall, at the time when it grants permission under regulation 36.025(d), impose any conditions as to the accounts and aerodrome charges in relation to the aerodrome within the period of twelve months beginning with the date on which the aerodrome becomes a scheduled aerodrome. (b) The conditions as to accounts referred to in sub regulation (a) are- 1. such conditions as the Authority considers appropriate to ensure that the approved aerodrome operator's accounts disclose- (i) any subsidy given (whether by the making of loans on non-commercial terms or otherwise) by any person or authority to the approved aerodrome operator in connection with his business consisting of the carrying on of operational activities relating to the aerodrome and the identity of any such person or authority; (ii) any subsidy so given to that business by the approved aerodrome operator out of funds attributable to any other activities carried on by him; (iii) the approved aerodrome operator’s aggregate income and expenditure attributable to the levying by him of aerodrome charges at the aerodrome; (iv) the approved aerodrome operator’s aggregate income and expenditure attributable to operational activities relating to the aerodrome (whether carried on by that aerodrome operator or any other person) being income and expenditure which are taken into account by him in fixing aerodrome charges; and

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(v) where the approved aerodrome operator has for the time being the management of two or more aerodromes, the aerodrome operator’s aggregate income and expenditure attributable to the business carried on by him at each of those aerodromes; and 2. Where the approved aerodrome operator’s accounts are not required to be delivered to the registrar of companies in accordance with the company’s law, such conditions as the Authority considers appropriate with respect to the publication of those accounts. (c) The approved aerodrome operator shall deliver to the Authority copies of accounts delivered to the registrar of companies in accordance with the company law or published in accordance with sub regulation (b) (2). (d) The conditions as to aerodrome charges referred to in sub regulation (a) are such conditions as the Authority considers appropriate for regulating the maximum amounts that may be levied by the approved aerodrome operator by way of aerodrome charges at the aerodrome during the period of five years beginning with such date as may be specified by the Authority when imposing the conditions, being not later than the end of the period of twelve months after the date on which the conditions are imposed. (e) Subject to sub regulation (k), the Authority shall make such modifications in the conditions imposed pursuant to sub regulation (d) as it thinks appropriate for regulating during the succeeding period of five years, the maximum amounts that may be levied by the approved aerodrome operator by way of aerodrome charges at the aerodrome: 1. at the end of the period of five years specified in sub regulation (d); and 2. at the end of each succeeding period of five years. (f) Notwithstanding the provisions of sub regulation (e), the period of review referred to therein may be modified to take into account any agreement between the approved aerodrome operator which has been approved by the Authority. (g) Any reference in this part to the making of modifications in any such conditions includes a reference to the making of a modification the effect of which is merely to extend the application of a particular condition or conditions for a further period of five years. (h) Without prejudice to the generality of sub regulations (d) and (e), conditions imposed or modified pursuant to those sub regulations may- 1. provide for- (i) an overall limit on the amount that may be levied by the approved aerodrome operator by way of aerodrome charges at the aerodrome; (ii) limits to apply to particular categories of charges; or (iii) a combination of any such limits; 2. operate to restrict increases in any such charges or to require reductions in them, whether by reference to any formula or otherwise; 3. provide for different limits to apply in relation to different periods of time within the period of five years for which the conditions are in force. (i) Notwithstanding the foregoing provisions of this regulation, if exceptional circumstances arise during a five- year period which may justify reconsideration of aerodrome charges, the approved aerodrome operator may submit an application to the authority which shall, after conducting an investigation under regulation 36.040, consider that application, taking into account the provisions under regulation 36.025(e) and (f). (j) The Authority may, if it thinks fit and after consultation with the approved aerodrome operator concerned, determine, at any time during the period of five years for which conditions under sub regulation (d) are in force, that such period shall be extended by such period (not exceeding twelve months) as may be specified; and accordingly, any reference in this part to that period shall be construed as a reference to the period as extended pursuant to this sub regulation.

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(k) Where the Authority makes any such determination in the case of conditions providing for different limits to apply in relation to different periods of time, any limit applying to the last of those periods shall apply also in relation to the additional period referred to in sub regulation (j) unless the Authority and the approved aerodrome operator agree that some other limit shall apply instead. (l) Before imposing any conditions pursuant to sub regulation (d) or making any modifications pursuant to sub regulation (e) in relation to an aerodrome, the Authority shall act in accordance with regulation 36.040 unless the minister otherwise directs.

36.040 Investigations by Authority (a) or the purposes of regulation 36.035 (l), the Authority shall investigate- 1) the question as to what are the maximum amounts that should be capable of being levied by the approved aerodrome operator by way of aerodrome charges at the aerodrome during such period of five years as the Authority may determine; and 2) the matters specified in sub regulation (b). (b) The matters referred to in sub regulation (a) (2) are- 1) whether the approved aerodrome operator has, at any time during the period determined by the authority, pursued a course of conduct which might be expected to operate against the public interest, in relation to- (i) any aerodrome charges levied by him at the aerodrome; (ii) any operational activities carried on by him and relating to the aerodrome; or (iii) the granting of a right by virtue of which any such operational activities may be carried on by any other person; and 2) whether the effects averse to the public interest which that course of conduct has had or might be expected to have, could be remedied or prevented by the imposition of any conditions in relation to the aerodrome or by the modification of any conditions already in force in relation to that aerodrome. (c) In determining whether any particular matter has operated or might be expected to operate, against the public interest, in the case of a matter relating to the granting of a right by virtue of which any operational activities may be carried on by any person, the Authority shall have regard to the objective of furthering the reasonable interests of persons granted such rights. (d) The Authority shall submit to the Minister a report of its findings in respect of an investigation under sub regulations (a) -(c) and shall give a copy thereof to the approved aerodrome operator concerned. (e) In making a report in relation to an investigation the Authority- 1) shall include definite conclusions on the matters specified in sub regulation (a) together with an account of the reasons for those conclusions as, in the Authority’s opinion, is expedient for facilitating proper understanding of those matters and of the conclusions; 2) where the Authority concludes- (i) that any course of conduct specified has operated or might be expected to operate, against the public interest, it shall specify the adverse effects to the public interest which that course of conduct has had or might be expected to have; and (ii) that any such adverse effects could be remedied or prevented by the imposition of any conditions in relation to the aerodrome in question or by the modification of any existing conditions, it shall specify the conditions that should be imposed or modified, as the case may be. (f) The Authority shall, subject to sub regulation (d), publish the report in such manner as the Authority considers appropriate for bringing the report to the attention of persons likely to be affected thereby.

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(g) If it appears to the Minister that the publication of any matter in such a report would be against the public interest or the commercial interest of any person, he may, within twenty- one days after receiving a copy of the report, direct the Authority to exclude that matter from the report as published under sub regulation (f).

36.045 Discretionary conditions (a) Where, at the time of granting a permission under regulation 36.025 in respect of an aerodrome or at any other time while such permission is in force, it appears to the Authority that the approved aerodrome operator is pursuing a course of conduct specified in sub regulation (b), the Authority may, if it thinks fit, impose in relation to the aerodrome such conditions as it considers appropriate for the purpose of remedying or preventing what it considers are the adverse effects of that course of conduct. (b) The courses of conduct referred to in sub regulation (a) are- 1) the adoption by the approved aerodrome operator, in relation to any relevant activities carried on by him at the aerodrome, of any trade practice or pricing policy which- (i) unreasonably discriminates against any class of users of the aerodrome or any particular user; or (ii) unfairly exploits his bargaining position relative to users of the aerodrome generally; 2) the adoption by the approved aerodrome operator, in relation to the granting of rights by virtue of which relevant activities may be carried on at the aerodrome by any other person, of any practice which- (i) unreasonably discriminates against persons granted any class of such rights or any particular grantee of such a right or unfairly exploits his bargaining position relative to the grantees of such rights generally; or (ii) unreasonably discriminates against any class of persons applying for such rights or any particular applicant, or unreasonably limits the number of such rights that are granted in the case of any particular services or facilities, or which has resulted in the adoption by any other person of a practice that does any of those things; 3) the fixing by the approved aerodrome operator of any charges levied by him at the aerodrome in relation to any relevant activities carried on by him there at levels which- (i) are insufficient (after taking into account such other revenues (if any) as are relevant to the fixing of such charges) to cover the costs of providing the services or facilities to which the charges relate or are, in the Authority’s opinion, artificially low; and (ii) materially harm (or are intended to materially harm) the business carried on by an approved aerodrome operator at any other aerodrome. (c) In sub regulation (b) (3) (i) the reference to the levels at which charges are fixed being artificially low is a reference to such levels being significantly lower than they would otherwise have been- 1) by reason of any subsidy as described in regulation 36.035 (b) (1) (i) and (ii); or 2) where the approved aerodrome operator is a company, by reason of any conduct by the company which, in the Authority’s opinion, has resulted or is likely to result in a failure by the company- (i) to achieve a reasonable return on the capital employed by it in wing on operational activities relating to the Aerodrome; or (ii) to distribute to members of the company a reasonable proportion of the profits available for distribution; or (iii) to reach a level of borrowing which is appropriate having regard to its share capital. (d) In determining for the purposes of sub regulation (c) (2) what is reasonable or appropriate, as the case may be, the Authority shall- 1) disregard the fact that the relevant conduct by the company was in conformity with any policy for the time being of a person having control of the company;

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2) have regard to any circumstances which, in its opinion, would affect any company carrying on the business of operating the aerodrome as a commercial undertaking. (e) Before imposing any conditions under sub regulation (a), the Authority shall notify in writing the approved aerodrome operator concerned of the course of conduct specified in sub regulation (b) which it appears to the Authority that he is pursuing and of the conditions which the Authority intends to impose. (f) For the purposes of this regulation the Authority shall investigate whether- 1) any course of conduct referred to in sub regulation (b) has operated or might be expected to operate against the public interest; and 2) the adverse effects to the public interest which that course of conduct has had or might be expected to have, could be remedied or prevented by the imposition of any conditions in relation to the aerodrome or by the modification of any existing conditions.

36.050 Provisions supplementary to regulation 36.045 (a) Nothing in regulation 36.045 (a) shall be construed as authorizing the Authority to impose a condition- 1) providing for any such overall limit as is mentioned in Regulation 36.035 (8) (a) (i) (limit on aerodrome charges); or 2) regulating the maximum amount that may be levied by an approved aerodrome operator by means of any particular category of charges levied by him at an aerodrome if the same category of charges is for the time being subject to any limit or limits imposed pursuant to regulation 36.035 (8) (a) (i) or (iii). (b) The Authority shall take into account practices currently adopted at aerodromes outside Rwanda for the purposes of this sub regulation when determining whether- 1) an approved aerodrome operator is pursuing a course of conduct falling within regulation 36.045 (b) (1), 2) conditions should be imposed by it under regulation 36.045 (1) or in relation to the aerodrome in question. (c) Where an aircraft operator makes representations to the Authority to the effect that the Authority’s powers under regulation 36.045 (a) appear to be exercisable in relation to an aerodrome on the ground that the approved aerodrome operator is pursuing a course of conduct within regulation 36.045 (b) (1), the Authority shall take appropriate enforcement action following the outcome of investigation carried out in accordance with Regulation 36.045(f).

36.055 Enforcement of conditions other than accounts conditions (a) Where- 1) a complaint is made to the Authority that an approved aerodrome operator is in contravention of any condition imposed by the Authority in relation to any aerodrome; and 2) such complaint is made- (i) by any person on whom any aerodrome charges have been levied by the approved aerodrome operator at the aerodrome (whether or not actually paid by the person); or (ii) by any other approved aerodrome operator who claims that the business carried on by him at another aerodrome in Rwanda has been or is being materially harmed by the alleged contravention, the Authority shall investigate that complaint, unless it considers it to be frivolous. (b) Where any such complaint is made to the Authority by a person not falling within sub regulation (a) (2), the Authority may investigate the complaint if it thinks fit.

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(c) This regulation shall not apply to a condition to which regulation 36.065 applies (breach of accounts conditions). (d) Where, upon an investigation the Authority is satisfied that an approved aerodrome operator has contravened the condition in question the Authority shall- 1) by order (hereinafter referred to as a compliance order) provide such measures as it considers appropriate for the purpose of securing compliance with that condition and for remedying any loss or damage or injury suffered by any person in consequence of the contravention; or 2) subject to sub regulation (e), modify the condition in such manner as it considers appropriate in the circumstances. (e) A compliance order under sub regulation (d) (1)- 1) shall require the approved aerodrome operator concerned to do or to refrain from doing, such things as are specified in the order; and 2) shall, as respects any such requirement, take effect upon service of a copy on the approved aerodrome operator or at such later time as may be specified by the Authority; 3) may be revoked by the Authority at any time.

36.060 Validity and effect of compliance order (a) An approved aerodrome operator who is aggrieved by any compliance order applying to him may, within thirty days of the service of a copy of the order on him, make an application to the Minister on the ground that the order is not within the powers of regulation 36.055. (b) On any such application the Minister may quash the compliance order or any part thereof if the Minister is satisfied that the order is not within the powers conferred by regulation 36.055. (c) No criminal proceedings shall, by virtue of the making of a compliance order, lie against any person on the ground that he has committed or aided, abetted, counselled or procured the commission of any contravention of the order. (d) The obligation to comply with a compliance order is a duty owed to any person who may be affected by a contravention of it and accordingly- 1) any breach of the duty which causes that person to sustain loss or damage; and 2) any Law which, by inducing a breach of that duty or interfering with its performance, causes that person to sustain loss or damage and that is done wholly or partly for the purpose of achieving that result, shall be actionable at the suit or instance of that person (e) In any proceedings brought against any person pursuant to sub regulation (d) (1), it shall be a defense for him to prove that he took all reasonable steps and exercised all due diligence to avoid contravening the order. (f) Without prejudice to any right which any person may have by virtue of sub regulation (d) (1) to bring civil proceedings in respect of any contravention of a compliance order, the Authority may enforce compliance with any such order by proceedings for an injunction or any other appropriate relief (g) Where it appears to the Authority that an approved aerodrome operator has contravened a compliance order and is unlikely to comply with it in the immediate future, the Authority may, instead of proceeding under sub regulation (f), revoke the permission for the time being in force under this Part in respect of the aerodrome to which the contravention relates. (h) Where any such permission is revoked pursuant to sub regulation (g), a permission shall not again be granted under this Part in respect of the aerodrome in question so long as that person remains the approved aerodrome operator unless the Authority is satisfied as mentioned in sub regulation (i).

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(i) Permission may be granted in respect of the aerodrome referred to in sub regulation (h) if it appears to the Authority that, if it were to impose any condition corresponding to the one the breach of which gave rise to the making of the compliance order, the approved aerodrome operator would comply with that condition.

36.065 Breach of accounts conditions and penalties (a) An approved aerodrome operator who fails to comply with any condition imposed pursuant to regulation 36.035 (b) (1) shall be guilty of an offence and liable to administrative fines as provided for in regulation 36.305. (b) Where an approved aerodrome operator has failed to comply with a condition referred to in sub regulation (a), then, whether or not proceedings are brought under that sub regulation in respect of that contravention, the Authority may impose, in relation to the aerodrome to which the contravention relates, such conditions as it considers appropriate with respect to the publication of any matter to which the contravention relates. (c) An approved aerodrome operator who fails to comply with any condition imposed pursuant to sub regulation (b) before the end of the period allowed for such compliance, shall be guilty of an offence and liable to administrative fines as provided for in regulation 36.305. (d) In any proceedings for an offence under this regulation It shall be a defense for the person charged to show, in the case of an offence under - 1) sub regulation (a), that he took all reasonable steps for securing compliance with the relevant condition; or 2) sub regulation (c), that he took all reasonable steps for securing compliance with the relevant condition before the end of the period allowed for such compliance

36.070 Supplementary provisions concerning conditions (a) Any condition imposed by the Authority under this part otherwise than pursuant to regulation 36.035 (d), shall remain in force for a particular period or without limit of time, as the Authority may determine, and, in imposing the condition, the Authority shall specify- 1) the period that it is to remain in force; or 2) that the duration thereof is unlimited. (b) Where the Authority specifies a period under sub regulation (a) (1), it may, if it thinks fit, determine that the period shall be extended by such further period as may be specified in the determination. (c) The Authority may at any time revoke or modify any conditions in force in relation to a scheduled aerodrome pursuant to regulation 36.035 (b). (d) Where any conditions referred to in regulation 36.045 (a) are in force in relation to a scheduled aerodrome, the Authority may at any time revoke or modify those conditions. (e) Before making any modification under sub regulation (d) for the more effective securing of the purpose for which the relevant conditions were imposed, the Authority shall in writing notify the approved aerodrome concerned of the course of conduct within regulation 36.050 (b) which it appears to the Authority he is pursuing and of the modifications which it proposes to make. (f) The Authority shall, in the prescribed manner, notify the relevant approved aerodrome operator of any condition imposed, revoked or modified pursuant to this part or of any extension of the period of operation of any such condition. (g) An approved aerodrome operator shall, on the request of any person and on payment by that person of such reasonable fee as the operator may determine, provide that person with a copy of the permission granted under this regulation in respect of the relevant scheduled aerodrome and of any conditions in force in relation to that aerodrome.

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36.075 Slot management (a) Before being designated as a coordinated aerodrome, the operator shall carry out a thorough capacity analysis in the circumstances specified and in accordance with technical standards established by the Authority. (b) The Authority may by written notice served on the operator of an aerodrome appoint any competent body to carry out a capacity analysis, if it appears to the Authority that the operator is not willing or able to do so. (c) The operator of an aerodrome shall bear the costs of any appointment pursuant to sub regulation (b) or shall reimburse the cost of any appointment made pursuant to sub regulation (b). (d) The operator of an aerodrome which is designated a coordinated aerodrome shall appoint a person as coordinator for that aerodrome. (e) No person shall be appointed pursuant to sub regulation (d) unless that appointment has been approved by the Authority. (f) No person shall be appointed pursuant to sub regulation (d) unless the operator is satisfied that person’s — 1) functions in his capacity as a coordinator are separate or shall be separated from the functions of any interested party; and 2) activities in his capacity as a coordinator are financed by means of a system that guarantees the coordinator’s independence. (g) The Authority may by written notice served on the operator of an aerodrome and the coordinator for that aerodrome withdraw any approval given pursuant sub regulation (5) if the Authority is satisfied that any breach of sub regulation (f) has occurred in relation to that person. (h) The Authority shall publish in its publication entitled “Rwanda Slot Management” notice of any determination by the Authority in accordance with RCATS that an aerodrome shall be (or shall cease to be) designated a coordinated aerodrome.

SUBPART C. CONSUMER/AIR CARRIER RIGHTS AND OBLIGATIONS

36.080 Consumers rights and obligations (a) A Consumer has the right to: 1) receive clear and complete information about rates, terms and conditions for available and proposed products and services; 2) buy and pay for the products and services they subscribe to that are on offer by the air carrier; 3) personal privacy and protection against unauthorized use of personal information; 4) to fair prompt redress in the event of a dispute in the provision of services; 5) protection from unfair trade practices, false and misleading advertising, and unconscionable Acts; 6) make a complaint under these Part and include complaints as per terms of the ticket; (b) A Consumer: 1) shall not abuse air carrier services provided for by these regulations; 2) shall familiarize themselves with and honor their obligations under the terms and conditions contained in a ticket provided by an air carrier; 3) shall make reasonable decisions in exercising their right of choice; 4) shall familiarize with and abide by any safety and security requirements pertaining to the use of services provided by the air carrier; and 5) will notify the air carrier of any special needs during booking or reservation or at least 48 hours before the scheduled time of departure whichever is earlier, which may include but not limited to:

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(i) nature and level of special assistance required while embarking, disembarking and during in- flight; (ii) mobility equipment and disability aids that need to be carried by the airline either in cabin and/or aircraft hold; (iii) Requirement of escort.

36.085 Air carriers rights and obligations (a) (1) An air carrier shall; 1) issue the passenger with a ticket and boarding pass that has clear information about the travel and/or a link to its conditions of carriage; 2) in case of disruption of services, keep the passengers updated and informed at the earliest time possible; 3) take reasonable and appropriate technical, organizational and any other measures to ensure the provision of the service as sold in accordance with the airline policies; 4) ensure all advertising and marketing information is complete, factual and accurate; 5) make available in accessible format, including on their website, the safety and carriage rules that apply to the carriage of persons with disability as well as any restrictions on their carriage or on the mobility equipment due to the size of aircraft. This provision shall also apply to the air carrier’s agents. 6) keep confidential and safeguard the security of personal information received from the Consumer. 7) ensure that the consumers’ attention is drawn to their rights with regards to compensation and assistance. 8) in case of insolvency or liquidation, require the administrators to ensure that any person or entity holding tickets, is prioritized in any arrangement

36.090 Denied boarding (a) An air carrier may overbook its flights in contemplation of the possibility of some passengers not showing up for that flight, provided that the air carrier shall ensure that as small a number of persons as possible holding confirmed reserved tickets on that flight are denied boarding involuntarily per air carrier Overbooking Policy; (b) Rwandan air operators shall submit their Overbooking Policy and Procedures to the Authority for approval; (c) All Foreign air carriers operating in Rwanda shall submit to the Authority their overbooking Policy adopted by the representative civil aviation authority in the country where its headquartered; (d) Air carriers shall display in a conspicuous manner the approved overbooking policy and inform the Consumers thereof when conducting their travel procedures, either via phone call, the air carriers’ website, sales offices and counters, or when boarding at the aerodrome; (e) In addition to any provision set out in these Regulations, a foreign air carrier shall inform the Authority of any significant difference in its overbooking policy, which provides lesser consumer rights than those provided by these Regulations; (f) When an air carrier has to deny boarding to a consumer due to overbooking and in the event that alternative seats in a section for which a higher fare is charged than that specified on the tickets is available on that same flight, then the air carrier may upgrade the consumer to the higher fare section; (g) When an air carrier has to deny boarding to a consumer due to overbooking, and in the event that alternative seats in a section for which a higher fare is charged than that specified on the ticket are not available on that same flight, then the air carrier must announce its requests for volunteers to relinquish their space in exchange for a compensation offer provided by the air carrier;

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(h) When an air carrier has to deny a consumer from boarding due to overbooking and insufficient number of volunteers coming forward, the air carrier will consider these consumers to have been involuntarily denied boarding and therefore the air carrier shall immediately provide the necessary care or compensation to the consumer involuntarily denied boarding in the following manner: 1) the air carrier must immediately provide sufficient clear information in writing to the Consumer of his/her rights upon being involuntarily denied boarding for overbooking and must provide the necessary Care and guidance in this regard; 2) in the event the seats in a section for which the lower fare is charged, on the same fight are available, the air carrier must inform the Consumer of the availability of such seats on a lower fare section, in accordance to these Regulations; 3) Subject to the above, the air carrier may grant the Consumer, the right to choose between downgrading, travelling on a different flight of the same Air, provided that the air carrier shall bear the difference in cost, if any per the air carriers policy; 4) if the Consumer decides to wait until the next flight of the air carrier, or if the soonest alternative flight requires waiting for longer than an hour and less than six hours in the aerodrome, then the air carrier must provide Care to the Consumer; 5) downgrading the class on the same flight due to overbooking shall not be considered denied boarding, however in such event the Consumer seated in a section for which a lower fare is charged shall be entitled to a refund equal to the difference between the fare prices paid by the Consumer and the replacement fare for the segment of flight during which the downgrade was applied; 6) in the event of denied boarding, a Consumer having a connecting flight from the point of arrival to other destinations, the air carrier must ensure that the Consumer reaches the destination point at the soonest time possible with the least time of delay whether via other air carriers or a higher class fare, provided the air carrier bears the difference in costs, if any. The consumer must provide evidence of the connection from the point of arrival; (i) A consumer denied boarding involuntarily from an overbooked flight shall not be eligible for denied boarding compensation due to any of the following: 1) the consumer does not fully comply with the air carrier’s contract of carriage or tariff provisions regarding ticketing, reconfirmation, and check in at the aerodrome in a reasonable time before the flight to complete the travel procedures, as per the air carrier’s policy; 2) if the air carrier arranges comparable air transportation or an alternative means of transportation to the final destination of the consumer within 3 hours from the original arrival time; (j) In relation to a consumer who volunteers, the air carrier shall disclose all material restrictions, including but not limited to administrative fees, advance purchase or capacity restrictions, and blackout dates applicable to the offer. (k) The air carrier shall undertake to pay consumers the relevant compensation within 30 days from the date of confirmation of the consumer’s entitlement for compensation, or from the date of issuance of a decision by the Authority of the consumer’s entitlement for compensation. (l) The consumer shall be compensated by the air carrier an equivalent of 20% of the ticket price for each day, after the payment becomes due per the air carriers’ overbooking policy, of delayed compensation; (m) The provisions of this Subpart shall be applicable in accordance to the air carrier’s conditions of carriage on its ticket arrangements;

36.095 Cancellation of flight (a) Subject to safety and security, the air carrier shall undertake all necessary measures to reduce the number of cancelled flights. (b) The air carrier must as early as reasonably possible advice the consumer of the cancellation of its flight.

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(c) Where the air carrier notifies the consumer of cancellation of a flight three (3) days in advance of the date of travel, the air carrier shall be exempted from the requirements of care and compensation, provided that the air carrier refunds the paid ticket value to the concerned consumer; (d) Where the consumer is notified of cancellation of a flight less than three (3) days before the date of travel, the air carrier must offer to the concerned consumer the option of finding an alternative flight or refund of the paid ticket value for the whole flight or for the remaining part of the flight; (e) In the event that concerned consumer chooses an alternative flight other than the cancelled flight, which resulted in extending the consumer’s stay at a hotel for an additional time until the time of the alternative flight, the air carrier shall bear the hotel expenses and meals for the additional stay up to the new travel date. (f) In the event of cancellation of a flight for instantaneous circumstances while the consumer is at the aerodrome, and the air carrier provides the option of an alternative flight, then the consumer shall be treated as follows: 1) Where travel is to take place on a higher fare section with the same air carrier or with a different air carrier, then the air carrier shall bear the difference in cost if the cost of the ticket of the alternative flight is higher than the cost of the ticket of the same air carrier. 2) If travel was to take place on a lower fare section with the same air carrier or with a different air carrier, the air carrier shall compensate the consumer the ticket cost difference; 3) If the consumer declines the offers under this regulation and voluntarily decides to cancel his contract with the air carrier due to the cancellation of the flight, the air carrier shall refund the ticket price; (g) The air carrier must prepare a declaration form titled “voluntary cancellation of contract by the consumer”, which must be signed by the consumer in order to be entitled to the refund of the ticket price; (h) In the event of non-existence of the declaration form under this regulation, then the consumer’s statement shall be accepted as true; (i) For domestic flights, the air carrier shall secure an alternative flight to the cancelled flight with the same air carrier or with a different carrier within a period that does not exceed eight (8) hours from the time of take- off of the cancelled flight, unless such is not possible due to security and safety reasons. (j) If the departure aerodrome of a domestic flight is a domestic aerodrome, and the distance between the departure point and the arrival point or the nearest aerodrome that the consumer could depart from to the arrival point does not exceed 6 hours by road, then the air carrier may provide ground transportation means to ensure arrival of the consumer at his destination as soon as possible or refund the value of the ticket for that part of the consumer’s flight. (k) In the case of sub regulations (i) and (j) above, if the delay between the cancelled flight and the alternative flight exceeds eight (8) hours, then the air carrier must, in addition to providing the care required, compensate the Consumer an amount equivalent to 10% of the ticket value for every hour of delay. Provided that the compensation shall be capped at the total value of the ticket, and such compensation shall not be considered an alternative to providing the care services. (l) In the cases stated in sub regulation (i) and (j), the air carrier must refund the value of the whole flight or the remaining part of the flight to the consumer if the consumer voluntarily decided to cancel his travel; (m) Any compensation under these regulations shall be paid in cash, by electronic bank transfer, bank orders or cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services; (n) The burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier; (o) In addition, an air carrier will facilitate communication by providing up to a maximum of 3 minutes for voice call or 3 hours on data or fax messages or emails;

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(p) An air carrier shall not be obliged to pay compensation in accordance with this regulation if it can prove that the cancellation was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

36.100 Delay of flight (a) Subject to security and safety, the air carrier shall undertake all efforts to reduce the number of delayed flights and the period of delay; (b) Where the air carrier notifies the consumer of delay of the flight or change in the schedule time 3 days before the date of travel, the air carrier shall be exempted from the requirements of care and compensation; (c) The air carrier will not be liable for damages occasioned by delay if it could prove that the air carrier and its employees and agents took measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures; (d) Subject to safety and security, the air carrier must undertake all efforts to provide the consumer with advance notice as early as possible of the delay of the flight, and the notification shall include the new estimated time for take-off; (e) Where the air carrier does not announce the new estimated time for takeoff through the mode of announcement available at the aerodrome, then the air carrier must, in addition to providing the care required, compensate the consumers an amount equivalent to 20% of the ticket value for each hour of delay, provided that such compensation is capped at the total value of the ticket per passenger. (f) Subject to provisions of sub regulations (e) and (l), where boarding of an aircraft is delayed, an air carrier shall provide the following care for consumers: 1) Refreshment for the first hour from the original time of departure. 2) A hot meal or an equivalent meal voucher if the expected delay period exceeds three (3) hours from the time of the originally scheduled departure. 3) Hotel accommodation if the expected delay period exceeds 6 hours from the ETD. Provided also that the duration of delay falls at any period of night time (g) Aerodrome operators must support the air carrier by providing the infrastructure and the necessary facilities to provide the care services under these regulations. (h) Where an air carrier is unable to provide the care services stated in regulation 36.095 due to the unavailability of the infrastructure in the aerodrome in which the delay took place, the consumer shall be compensated by the air carrier in accordance with regulation 36.100 above and the air carrier shall have the right to claim half the cost of the care and compensation value provided by the air carrier to the consumer from such third parties directly responsible for the act or omission. (i) Where there is a delay of an international flight before the consumer arrives at the aerodrome facilities, the air carrier shall bear the cost of extending the consumer’s hotel accommodation until the new take off time, provided that the air carriers responsibility does not exceed 50 SDR units, provided the consumer provides evidence of his incurring such costs; (j) The provisions of regulation 36.090 shall apply to the cases in which the air carrier needs to change the route of the flight during the flight; (k) Where there is delay of a flight or expected delay thereof for a period that exceeds eight hours, the consumer may request that the air carrier considers the flight as cancelled in accordance with the provisions of a flight cancellation included in the regulations; (l) Where further delay is incurred beyond the expected delay in arrival as announced by the air carrier, such that the total time delay exceeds eight (8) hours, the air carrier must in addition to the care required, compensate the consumer an amount equivalent to 10% of the Ticket value for every hour of delay. Provided that compensation shall be capped at the total value of the ticket and such compensation shall not be considered an alternative to providing the care services.

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(m) In addition, passengers shall be offered free of charge two telephone calls or fax messages, or e-mails; (n) The burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier;

36.105 No –show of passenger (a) A Passenger who shows-up on a later date or time other than the scheduled date or time of departure on his or her ticket may be considered for wait-listing on another flight subject to seat availability after meeting the airlines requirement(s).

36.110 Persons with disability or special needs (a) An air carrier is not permitted to deny boarding to a consumer with special needs, unless such denial is for purposes of security and safety on board the aircraft or for maintenance of the health of the consumer; (b) No air carrier shall refuse to carry persons with special needs and their assistive aids/devices, escorts, provided such persons or their representatives, at the time of booking for travel, inform the airlines of their requirements. (c) The air carrier, aerodrome operator, and ground handling service provider must take into consideration and make advance arrangements to ensure that the needs of consumers with special needs, including without limitation; 1) Providing assistive aids, wheelchairs and clear guidance signs in the aerodrome before departure, during the flight or intermediate stops and on arrival as well as during boarding and embarking/disembarking; 2) Undertaking the necessary measures to ensure notification of consumers with special needs (particularly in the case of blindness or deafness) regarding times, cancellations, or delay of flights. The air carrier shall bear the liability for failure to provide sufficient notification; 3) Undertaking the necessary care required by the consumer during cancellation, delay, or rerouting of flights. 4) Equipping the sales counters and aerodrome facilities by the aerodrome operators to receive consumers with special needs. (d) The air carrier shall ensure that a consumer with special needs, upon payment of a ticket, reaches the aircraft from the departure lounge, and at the end of the journey from the aircraft to the arrival lounge exit, without incurring any further expenditure; (e) In the event that a consumer with special needs is denied boarding after his ticket has been issued, or in the event that the air carrier, aerodrome operator, or ground handling service providers fails to provide the necessary services to a consumer with special needs, such parties shall be required to submit their justification for their failure within five days from the date of the failure to provide the service, or from the date the Authority becomes aware of their failure to provide service or else such will be considered an acknowledgement that the relevant consumer is entitled to compensation in accordance with this Part. (f) The air carrier shall formulate a detailed procedure for carriage of persons with special needs and publish the same on their website; (g) The air carrier shall develop emergency evacuation procedures and training of their staff for handling persons with special needs and include the same in their safety manuals and operation manuals for approval by the Authority. The training program shall include detailed procedures of handling, evacuation and develop awareness towards persons with special needs;

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(h) Where an air carrier is in breach of this Regulation or fails to provide the services or necessary facilities after his or her ticket has been issued the consumer with special needs shall be compensated an equivalent of 150% of the value of the travel Ticket in addition to any entitlements provided for under these Regulations.

36.115 Baggage handling (a) An air carrier shall commit and undertake to provide the necessary care and diligence to ensure that a consumer’s baggage is not delayed, lost or damaged; (b) The air carrier shall compensate the consumer up to a maximum of one (1000) thousand SDR Units for the loss, damage, or delay of a consumer’s baggage; (c) If a consumer wishes to increase the level of compensation as a result of the baggage containing high value items, the consumer must disclose to the air carrier the valuable items and the value thereof before boarding the aircraft, using baggage declaration forms prepared for such purposes by the air carrier; (d) The air carrier shall provide to the Authority its lost, delayed or damaged baggage compensation policy within ninety (90) days from the date of commencement of this part, failure to which the air carrier shall compensate the consumer based on the maximum limit for each claim; (e) The Authority will be entitled to decline or require amendment of an air carrier’s compensation policy to conform to this part; (f) The air carrier shall commit to disclosing its compensation policy for delayed, lost and damaged baggage on its website as well as in a visible place in the sales offices and aerodromes; (g) The air carrier shall: - 1) Compensate the consumer for damage of the baggage within ten (10) days from the date on which the baggage is deemed damaged in accordance with the procedures of the air carrier; 2) Compensate the consumer for loss of the baggage within ten (10) days from the date on which the air carrier admits the loss of the checked baggage or if the checked baggage has not arrived at the expiration of twenty-one (21) days after the date on which it ought to have arrived; 3) Be liable for damage caused by the delay in the carriage of baggage; (h) The air carrier is not liable under this regulation if it proves that the carrier or the carrier servants or agents had taken all necessary measures to avoid the damage, loss or delay or it was not possible for the carrier or the carrier servants or agents to have taken those measures; (i) If the air carrier and or any other service provider proves that the damage was caused or contributed to by the negligence of the passenger the air carrier may be wholly or partly exonerated from liability. (j) The air carrier shall be entitled for the compensation from the Aerodrome operator or any other service provider in case the delay damage or loss of baggage originated from the aerodrome operator or any other service provider who caused the delay, damage or loss.

36.120 Further compensation (a) These Regulations shall apply without prejudice to a passenger's rights to further compensation under any contractual, international or any other applicable law. The compensation granted under this Part may be deducted from such compensation.

36.125 Right to care (a) In applying this regulation, the air carrier, aerodrome operator, service provider shall pay particular attention to the needs of persons with special needs and any persons accompanying them, as well as to the needs of unaccompanied minors.

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36.130 Right to redress (a) In cases where an air carrier pays compensation or meets the other obligations incumbent on it under these Regulations, no provision of these Regulations may be interpreted as restricting its right to seek compensation from any person, including third parties, in accordance with the law applicable.

36.135 Exclusion of waiver (a) Air carrier, aerodrome operator or any other service providers’ obligations vis-à-vis consumers pursuant to these regulations may not be limited or waived, notably by a derogation or restrictive clause in any contract of carriage. (b) If, nevertheless, such a derogation or restrictive clause is applied in respect of a consumer, or if the consumer is not correctly informed of his or her rights and for that reason has accepted compensation which is inferior to that provided for in these regulations, the consumer shall still be entitled to take the necessary proceedings before the Authority or the competent courts or bodies in order to obtain additional compensation or pursue available remedies.

36.140 Pass-off by air carriers (a) All air carriers shall ensure that consumers have clear transparent access to all pertinent information regarding the characteristics of the air transport products that are being sold prior to purchasing the ticket including the following: 1) the identity of the air carrier actually operating the flight and advise on any change occurring after the purchase of the Ticket as soon as possible; 2) general conditions applying to the operations and fares; 3) total price including the applicable air fare, taxes, charges, surcharges and fees;

36.145 Consumer complaint handling procedures (a) All complaints shall first be filed with the respective air carrier, aerodrome operator, service provider or its representative in Rwanda. However, where the consumer is not clear on the place of lodging a complaint, the complaint will be filed with the Authority in the prescribed format for directions. (b) An air carrier, aerodrome operator, service provider will be required to provide clear and concise information about its complaint handling procedures as required by the Authority. (c) A consumer who wishes to lodge a complaint shall do so in writing and lodge it as follows: 1) If to the Authority at the earliest time possible but within one (1) years reckoned from the date of arrival at the destination or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped; 2) If to the air carrier, at the earliest time possible and as prescribed in sub regulation (a); (d) An air carrier, aerodrome operator, service provider carrier shall acknowledge in writing the receipt of a complaint filed by the consumer. (e) An air carrier, aerodrome operator, service provider will where possible, advise a consumer at the time of making the complaint on the expected action, timing for investigation and resolution of the complaint. in the event that the air carrier considers the complaint as frivolous or vexatious, the consumer shall be informed accordingly in writing. (f) An air carrier, aerodrome operator, service provider shall resolve all complaints made by its consumers within a reasonable time but not longer than 30 days from the date of receipt of the complaint. (g) An air carrier, aerodrome operator, service provider will be required to put in place a process to provide Consumers with sufficient information and the means to inquire on the progress of complaints.

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(h) An air carrier, aerodrome operator, service provider shall inform the consumer in writing of the outcome of the investigation of their complaint, and the decision made by the air carrier. (i) A consumer shall have the right to make an appeal to the Authority under these Regulations. (j) The air carrier, aerodrome operator, service provider complaint handling processes shall be at no cost. (k) An air carrier, aerodrome operator, service provider shall file, with the Authority, such information and statistics on all complaints reported, including those resolved and those outstanding, on a quarterly basis in the manner prescribed by the Authority from time to time.

36.150 Complaints by persons with disability and special needs (a) An air carrier, aerodrome operator, service provider shall ensure that persons with disability and special needs can easily access its complaint handling processes. (b) An air carrier, aerodrome operator, service provider shall provide reasonable assistance to persons with disability and special needs who specifically requests for assistance when lodging complaints. (c) An air carrier, aerodrome operator, service provider shall take such measures as may be prescribed by the Authority to ensure that the requirements and interests of persons with disability and special needs are fully addressed.

36.155 Complaints handling procedures of the Authority (a) A complainant may make a complaint as prescribed in the schedules hereto in writing with the Authority against an air carrier in relation to the breach of consumer rights as provided in these regulations provided that the consumer must have notified the air carrier of such a breach and the complaint remains unresolved. (b) Every complaint shall be accompanied by the relevant supporting documents such as: 1) a copy of the airline ticket; 2) A copy of the formal complaint to the air carrier stating breach of consumer rights; 3) A response from or correspondence with the air carrier (if any); 4) Any other relevant document(s). (c) The Authority shall from time to time develop procedures to facilitate the prompt resolution of complaints. These procedures shall take into account the international nature of air transport and the best practices in complaint resolution. (d) In the event that either of the interested parties are dissatisfied with the determination of the Authority, they may make an appeal as outlined in these Regulations.

36.160 Jurisdiction (a) An action for damages may be brought at the option of the consumer in Rwanda or the domicile of the air carrier or its principal place of business or where it has a place of business through which the contract has been made or before the court at the place of destination.

36.165 Exoneration of air carrier (a) If the air carrier proves that the damage was caused or contributed to by the negligence or other wrongful acts or omission of the person claiming compensation, or the person from whom he or she derives his or her rights the air carrier shall be wholly or partly exonerated from its liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage. This regulation applies to all liability provisions in this Part.

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36.170 Reporting (a) An air carrier, aerodrome operator, service provider shall undertake to submit monthly reports on delay, cases of denied boarding, cancelled flights, and on a quarterly basis the complaints received from the consumers and the manner and result of its handling. (b) Failure to submit the monthly and quarterly reports as required by the Authority shall be considered a declaration by the air carrier that it and its employees did not undertake the necessary measures to avoid the damage incurred by the consumers. (c) Failure to submit the monthly and quarterly reports as required by the Authority shall be considered a declaration that the air carrier deserves the upper limit of the fines and penalties prescribed in the Law establishing regulations governing civil aviation. (d) The Authority may lodge an investigation on its own motion into an air carriers’ consumer related conduct and activities in case of persistent failure by an air carrier to resolve complaints under this Part.

36.175 Transitional provision (a) Any action, complaint, investigation relating to consumer protection undertaken under any Authority prior to the commencement of this regulation shall be taken over by the designated officers.

SUBPART D. AIR NAVIGATION SERVICES

36.180 Conditions for establishing Air Navigation Services charge a) Providers of Air Navigation Services may charge air carriers for the services provided subject to principles and recommendations of particular relevance in the context of the cost basis for air navigation services charges, charging systems and the collection of charges are that:

1. the cost to be allocated is the full cost of providing the air navigation services, including appropriate amounts for cost of capital and depreciation of assets, as well as the costs of maintenance, operation, management and administration. 2. the cost to be allocated is the full cost of providing the air navigation services, including appropriate amounts for cost of capital and depreciation of assets, as well as the costs of maintenance, operation, management and administration. 3. when charging systems are introduced or significantly revised, ANSP shall take into account the economic and financial impact on both the users and the provider State or States. To avoid undue disruption to users, resulting increases in charges should be introduced on a gradual basis; however, it is recognized that in some circumstances a departure from this approach may be necessary.

4. charges shall be levied in such a way that: - i. no facility or service is charged for twice with respect to the same utilization. ii. In cases where certain facilities or services have a dual role (for example, approach and aerodrome control as well as en-route air traffic control), their cost should be equitably allocated for charging purposes. 5. a balance between the respective interests of airports and ANSPs on one hand and of aircraft operators on the other, particularly in view of the importance of an air transport system to Rwanda and its influence in fostering economic, cultural and social interchanges between States.

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6. The administrative cost of collecting charges shall not exceed a reasonable proportion of the charges collected. 7. charges shall not be imposed in such a way as to discourage the use of facilities and service necessary for safety and efficiency or the introduction of new aids and techniques. b) The Authority shall set ANS charging standards to; 1. minimize the risk of ANSPs engaging in anti-competitive practices or abusing any dominant position they may have; 2. ensure non-discrimination and transparency in the application of charges; 3. ascertain that investments in capacity meet current and future demand in a cost-effective manner; and 4. protect the interests of passengers and other end-users. 5. ensure that the purpose, creation and criteria for differential charges are transparent. c) Pre-funding of projects through charges should not be used to fully recover costs in advance of commissioning of new air navigation facilities or infrastructure but may be accepted in specific circumstances, after having allowed for possible contributions from non-aeronautical revenues, where this can assist in financing long term, large-scale investment, provided that strict safeguards are in place, including the following: 1. Effective and transparent economic oversight of charges and the related provision of services, including performance management; 2. Comprehensive and transparent accounting, with assurances that resulting charges are, and will remain, earmarked for civil aviation services or projects; 3. Advance, transparent and substantive consultation by providers and, to the greatest extent possible, agreement with users regarding significant projects being pre-funded; and 4. Application for a limited period of time with users benefiting from lower charges and from smooth.

36.185 Mandatory consultation between ANSPs and users in the establishment of air navigation services charges a) When a revision of existing charges or the imposition of new charges is contemplated by an ANSP or another competent entity, ANSPs or another competent entity shall consult users in the establishment of air navigation services charges and development plans in order to ensure adequate disclosure of costs and transparency in the economic and financial underpinnings of rate and service proposals. b) Consultation process starts with advance notice of proposals given to users, either directly or through their representative organizations, at least four months in advance, in accordance with these regulations; c) Consultation documents shall make clear the nature of the proposals, the parties most likely to be affected, the specific questions on which feedback is requested, and the time schedule for response. d) In any revision of charges or imposition of new charges, the users shall be provided with transparent and appropriate financial, operational and other relevant information to allow them to make informed comments. e) All interested parties shall be given the opportunity to present their views on the proposals. f) The written submissions by users or their representative organizations and any feedback obtained through associated consultative discussions shall be considered, as far as possible, before reaching a decision. g) Both ANSPs and users are to provide sufficient information to each other for meaningful consultations, while market-sensitive data shall be protected properly. h) Decision documents shall provide appropriate rationale for the decision taken. i) where users’ views have not been accepted, justification for the decision is necessary.

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1190 Official Gazette no.Special of 27/07/2018 j) With respect to the revision of charges or imposition of new charges, it is required that reasonable advance notice of the final decision, of at least one month, be given to the users.

36.190 Chargeable air navigation services a) Separate air navigation services charges may be applied to cover different types of services including but not limited to: 1. Approach and aerodrome control service, which may be levied either as a combined charge or levied separately. 2. Centralized approach control service, which may apply a combined or separate charges. 3. Centralized approach/terminal area control service, which may apply a combined or separate charges. 4. Area control service for the domestic FIR(s), which may have a single charge covering all those air navigation services properly attributable to en-route services. It may be considered appropriate, however, to have separate charges for individual FIRs. 5. Oceanic control service, where Rwanda has accepted the responsibility of providing air navigation services over the high seas under specific delegation by ICAO, separate route air navigation services charges for these services shall apply. b) The Authority may accept, upon application by the ANSP, an alternative categorization of services for cost allocation purposes developed in line with ICAO standards.

36.195 Determining costs a) In determining costs, ANSP shall use generally recognized rules, standards or conventions accepted in accounting and costing principles to permit the costs of service operations to be recorded and analyzed in accordance with their nature and origin. b) In order to establish the full costs of air navigation services, ANSP include all the costs incurred such as the costs of those that may be provided, wholly or in part, by any other department or agency of the government or any other entity without any corresponding charge being made to the charging entity. c) The costs for safety, security and economic oversight provided by the Authority or regional oversight organization, which are directly related to the provision of air navigation services, shall be included in the ANSP cost basis for charges, provided that such costs are imposed on the providers of services. d) The Authority may take appropriate steps to ensure that the relevant cost data are made available to them for the costing task. e) Computation of total air navigation services costs attributable to en-route operations; 1. may include costs of any facilities and services located physically at an airport but serving en-route traffic, 2. ensure that such costs are not counted doubly as an airport cost as well and, hence, improperly included in the cost base for charges levied for the use of facilities required for airport operations. f) The cost base for air navigation services charges shall; 1. consider the differences between costs recorded in an entity’s accounts and costs applied for determining the cost basis for charges as well as costs attributable to non-aeronautical utilization. 2. exclude the costs of any air navigation services provided exclusively for military or other State functions 3. determine and include the cost share allocable to civil aviation operation and exclude military functions where civil or military facilities serve both civil and military functions. g) Once the costs of all the air navigation services provided have been established, the portions attributable to en-route utilization and approach and aerodrome control utilization may be identified. h) Pursuant to the provisions of sub regulation (g),

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1. the principle of equity shall apply where more than one type of utilization is involved and the intent is to recover the costs of the air navigation services from users. 2. if different route charges are involved (different charges in different FIRs), the share of the en-route costs attributable to each of the FIRs concerned would need to be established. 3. The total approach and aerodrome control cost portion may need to be allocated to each airport served, particularly where the approach and/or aerodrome control services are being provided under contract with the airport(s) concerned. i) Allocation of en-route costs may include following parameters: 1. Number of flights; 2. Distance flown; 3. Time in the System; and 4. Aircraft weight

SUBPART E. REGULATORY FEES

36.200 Fees to be charged (a) The fees to be charged in connection with the issue, validation, renewal, extension or variation of any certificate, license, permit, authorization, or other aviation document, including the issue of a copy thereof, or the undergoing of any examination, test, inspection or investigation or the grant of any permission or approval, required by, or for the purpose of the Rwanda Civil Aviation Regulations, shall be payable as prescribed by the Authority.

36.205 Expenses for services or inspections outside Rwanda (a) An operator requesting services or inspection from the Authority at any place outside Rwanda shall bear the expenses of the Authority in connection therewith, in addition to the payment of fees and charges stated in 36.200.

36.210 Fees for licence or permit to operate air services (a) In respect of the issue, renewal or variation of a licence or permit to operate air services into, or from, or within Rwanda for the transportation of passengers, mail or cargo for hire and reward, fees shall be payable as prescribed by the Authority.

36.215 Oversight charges (a) The Authority shall, in consultation with concerned stakeholders, charge an oversight fee on every departing passenger, both international and domestic, as shall be prescribed by the Authority, which charge shall be collected by the carrier at the point of sale of the relevant flight ticket or the aerodrome operator and remitted to the Authority. (b) In the case of scheduled air services, the airline shall include the charge in the cost of the airline ticket, and in the case of chartered or private flights the aerodrome operator shall be responsible for the collection and payment of the full amount, which shall be the equivalent of the charge multiplied by the number of passengers on board, excluding the crew. (c) The air carrier or aerodrome operator shall transfer the full amount due on a monthly basis into the Authority bank account in a manner approved by the Authority.

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36.220 Fees for exemption from any of the Civil Aviation Regulations (a) The application for exemption from any of the Civil Aviation Regulations shall be accompanied by a technical evaluation fee prescribed by the Authority.

36.225 Exemption from fees and charges (a) In any case where it may consider it to be in the public interest to do so, the Authority may, on application being made to it for that purpose, exempt any person from payment of any fee that would otherwise be payable in accordance with regulations 36.200 and 36.205.

36.230 Notice of the fees and charges (a) Fees payable under regulations 36.200, 36.205, 36.210, 36.215 and 36.220 shall be payable immediately upon application or receipt of an invoice. (b) The Authority shall, within a reasonable time, send an invoice to a person liable for the fees and charges payable under this Subpart. (c) The fees and charges payable in accordance with this Subpart shall be paid in Rwanda Francs or in any other convertible currency at such place and time as may be approved by the Authority.

36.235 Penalties (a) Any fee or charge payable under Subpart shall be paid within 15 days from the date of the invoice issued in respect thereof and failure to make such payment shall attract interest at the rate of 2 per cent per month from the due date of payment. (b) The Authority may, without prejudice to any legal action that may be taken to recover any outstanding amount, suspend or revoke any certificate, licence, permit, authorization, or other document issued under the Rwanda Civil Aviation Regulations, for non-payment of any fee or charge due under this Subpart.

36.240 Persons liable for the fees and charges (a) The operator of an aircraft, aerodrome, aircraft maintenance organization, aviation training organization or any other organization as determined by the Authority, shall primarily be responsible for the fees and charges payable in accordance with this Subpart. (b) Chattel Mortgagor of an aircraft shall be responsible for the fees and charges payable in accordance with registration of interest in aircraft or components thereof.

36.245 Default (a) For purposes of this Part, a person shall be in default if an invoice or any part thereof issued in accordance with this Subpart remains unpaid for a period of ninety (90) days from the date of issue.

36.250 Purchase of aeronautical information publications and other publications (a) The purchase of Rwanda Aeronautical Information Publication and other publications shall be in accordance with the fees prescribed by the Authority.

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36.255 Rent charges on Authority’s facilities (a) The Authority shall draw up a scheme prescribing charges to be paid to the Authority in respect of rent for its facilities.

SUBPART F. AIR SERVICE AGREEMENTS

36.260 Guidelines for negotiating Air Service Agreements (a) The principles and techniques in negotiating international air services agreements to ensure planning and development of international air transport shall include but not limited to: - 1) Insure the safe and orderly growth of international civil aviation throughout the world; 2) Encourage the arts of aircraft design and operation for peaceful purposes; 3) Encourage the development of airways, aerodromes, and air navigation facilities for international civil aviation; 4) Meet the needs of the peoples of the world for safe, regular, efficient and economical air transport; 5) Prevent economic waste caused by unreasonable competition; 6) Insure that the rights of contracting States are fully respected and that every contracting State has a fair opportunity to operate international airlines; 7) Avoid discrimination between contracting States; 8) Promote safety of flight in international air navigation; 9) Alignment with an African Union initiative to create a single unified air transport market and the liberalization of civil aviation in Africa. 10) Promote generally the development of all aspects of international civil aeronautics. (b) Air Service Agreements shall consider the following key issues: - 1) balancing benefits in a liberalizing environment; 2) the shortcomings of air service agreement regulatory structure, such as lack of transparency and inadequacy of dispute resolution mechanisms; 3) bilateral relations involving groups of States; 4) application of competition law to air transport.

36.265 Registration of Agreements (a) All aeronautical agreements, including Air Service Agreements, which are in existence on the coming into force of the Convention on International Civil Aviation, and which are between Rwanda and any other State or between an airline of a contracting State and any other State or the airline of any other State, shall be forthwith registered with the ICAO Council.

36.270 Right to take action following non compliance (a) Rwanda reserves the right to withhold or revoke a certificate or permit to an air carrier of another State in any case where it is not satisfied that substantial ownership and effective control are vested in nationals of a Contracting State, or in case of failure of such air carrier to comply with the laws of the State over which it operates, or to perform its obligations under Air Service Agreement.

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36.275 Scheduled international air operations (a) No scheduled international air service may be operated over or into the territory of Rwanda, except with the special permission or other authorization of Rwanda, and in accordance with the terms of such permission or authorization. (b) Rwanda shall have the right to refuse permission to the aircraft of other contracting States to take on in its territory passengers, mail and cargo carried for remuneration or hire and destined for another point within its territory, unless otherwise authorized under sub regulation (a). (c) Rwanda undertakes not to enter into any arrangements which specifically grant any such privilege on an exclusive basis to any other State or an airline of any other State, and not to obtain any such exclusive privilege from any State.

36.280 Composition of the Air Service Agreement delegation or negotiating team (a) The delegation or negotiating team shall be composed: - 1) Rwanda Civil Aviation Authority, 2) Foreign affairs officials, where necessary, 3) Representatives of the national airline(s) and 4) Other interested parties including representatives of aerodrome and tourism agency may be included on request. (b) The delegation shall be chaired by a designated Authority official. When the consultation takes place outside the home territory, an embassy official is likely to be on the team.

36.285 Freedoms of the air in respect of scheduled international air services (a) Rwanda may grant to the other Contracting States the following Freedoms of the air in respect of scheduled international air services: 1) First Freedom of the Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State or States to fly across its territory without landing (also known as a First Freedom Right). 2) Second Freedom of the Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State or States to land in its territory for non-traffic purposes (also known as a Second Freedom Right). 3) Third Freedom of the Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State to put down, in the territory of the first State, traffic coming from the home State of the carrier (also known as a Third Freedom Right). 4) Fourth Freedom of the Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State to take on, in the territory of the first State, traffic destined for the home State of the carrier (also known as a Fourth Freedom Right). 5) Fifth Freedom of the Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State to put down and to take on, in the territory of the first State, traffic coming from or destined to a third State (also known as a Fifth Freedom Right). 6) Sixth Freedom of the Air - the right or privilege, in respect of scheduled international air services, of transporting, via the home State of the carrier, traffic moving between two other States (also known as a Sixth Freedom Right). Characterized by ICAO as the so-called Sixth Freedom of the Air. 7) Seventh Freedom of the Air - the right or privilege, in respect of scheduled international air services, granted by one State to another State, of transporting traffic between the territory of the granting State and any third State with no requirement to include on such operation any point in the territory

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of the recipient State, i.e the service need not connect to or be an extension of any service to/from the home State of the carrier. 8) Eighth Freedom of the Air - the right or privilege, in respect of scheduled international air services, of transporting cabotage traffic between two points in the territory of the granting State on a service which originates or terminates in the home country of the foreign carrier or (in connection with the so-called Seventh Freedom of the Air) outside the territory of the granting State (also known as an Eighth Freedom Right or "consecutive cabotage"). 9) Ninth Freedom of the Air - the right or privilege of transporting cabotage traffic of the granting State on a service performed entirely within the territory of the granting State (also known as a Ninth Freedom Right or "stand alone" cabotage).

SUBPART G. PROVISIONS APPLICABLE TO ALL SUBPARTS

36.290 Miscellaneous Provisions (a) The Authority may, in writing, designate qualified persons, whether by name or by title of office, to be authorized persons for the purposes of these Regulations and shall state the functions and limits of operations of the authorized persons. (b) The Authority shall cause aerodrome operators and ANSPs to publish all their airport and air navigation services charges in an Aeronautical Information Publication (AIP).

36.295 Obligation for confidentiality (a) Every person having an official duty or being employed in the administration of this regulation shall- 1) regard and deal with as confidential all information relating to applicants and applications for permission under this regulation and the management and operation of approved aerodrome operators; and 2) upon assuming such duty or employment, make and subscribe a declaration to that effect to the appropriate legal authorities. (b) Every person referred to in sub regulation (a) having possession of or control over any documents, information or records, who at any time communicates or attempts to communicate anything contained in such documents or records or any such information to any person- 1) other than the Authority, or any other person to whom he is authorized by the Authority to communicate it; 2) without the written consent of the applicant or the approved aerodrome operator or service provider; or 3) otherwise than pursuant to a court order or for the purposes of this regulation, shall be guilty of an offence and liable on summary conviction before a judge to a penalty as prescribed in the appropriate law establishing regulations governing civil aviation. (c) Any person to whom information is communicated pursuant to sub regulation (b) shall regard and deal with such information as confidential. (d) A person referred to in sub regulation (c) who at any time communicates or attempts to communicate any information referred to in that sub regulation to any person other than for the purposes of this regulations, shall be guilty of an offence and liable on summary conviction before a judge to a penalty as prescribed in the appropriate law establishing regulations governing civil aviation.

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(e) Subject to the provisions of this Part, an operator shall undertake to keep confidential all information received and relating to the customer including personal information.

36.300 Right to appeal (a) Where a party is not satisfied with an award by the Authority, such party may appeal to the Minister within twenty one days of the award by the Authority.

36.305 Administrative fines Regulation Fines 36.020 (e) 120% of the principal amount. 36.025(a) 100% of the amount collected without approval 36.030 (a) FRW 1,000,000-00 Any provisions of 36.035 FRW 5,000,000-00 Any provisions of 36.045 FRW 5,000,000-00 Any provisions of 36.055 FRW 2,500,000-00 Any provisions of 36.065 FRW 5,000,000-00 Any provisions of 36.075 FRW 10,000,000-00 Any provisions of 36.080 FRW 500,000-00 Any provisions of 36.085 FRW 1,000,000-00 Any provisions of 36.090 5 % of the air fare charged to the passenger denied boarding Any provisions of 36.095 5 % of the air fare charged to the passenger denied boarding Any provisions of 36.100 5 % of the air fare charged to the passenger denied boarding Any provisions of 36.110 5% of the air fare charged to the passenger denied boarding Any provisions of 36.115 5 % of the validated claim 36.125 FRW 200,000 per aggrieved passenger Any provisions of 36.140 FRW 200,000-00 per aggrieved passenger Any provisions of 36.145 FRW 200,000-00 per aggrieved passenger Any provisions of 36.150 FRW 2,00,000-00 per aggrieved passenger Any provisions of 36.170 FRW 1,000,000-00 Any provisions of 36.245 120% of the defaulted amount.

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Bibonye kugira ngo bishyirwe ku mugereka Seen to be annexed to Ministerial Vu pour être annexé à l’Arrêté w’Iteka rya Minisitiri no04/CAB.M/018 ryo ku wa Order no04/CAB.M/018 of 24/07/2018 Ministériel no04/CAB.M/018 du 24/07/2018 rishyiraho amabwiriza ajyanye establishing civil aviation regulations 24/07/2018 établissant les règlements de n’iby’indege za gisivili l'aviation civile

Kigali, ku wa 24/07/2018 Kigali, on 24/07/2018 Kigali, le 24/07/2018

(sé) (sé) (sé) GATETE Claver GATETE Claver GATETE Claver Minisitiri w’Ibikorwa Remezo Minister of Infrastructure Ministre des Infrastructures

Bibonywe kandi bishyizweho Ikirango cya Seen and sealed with the Seal of the Vu et scellé du Sceau de la République: Repubulika: Republic:

(sé) (sé) (sé) BUSINGYE Johnston BUSINGYE Johnston BUSINGYE Johnston Minisitiri w’Ubutabera/ Intumwa Nkuru ya Leta Minister of Justice/ Attorney General Ministre de la Justice/ Garde des Sceaux

1198 Official Gazette no.Special of 27/07/2018

UMUGEREKA WA 37 W’ITEKA RYA ANNEX 37 TO MINISTERIAL ORDER ANNEXE 37 D’ARRETE MINISTERIEL MINISITIRI No04/CAB.M/018 RYO KU WA No04/CAB.M/018 OF 24/07/2018 No04/CAB.M/018 DU 24/07/2018 24/07/2018 RISHYIRAHO AMABWIRIZA ESTABLISHING CIVIL AVIATION ETABLISSANT LES REGLEMENTS DE AJYANYE N’IBY’INDEGE ZA GISIVILI REGULATIONS L'AVIATION CIVILE

1199 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 37

Part 37 Licensing of Air Services

SUBPART A: GENERAL ...... 3 37.001 APPLICABILITY...... 3 37.005 DEFINITIONS ...... 3 37.010 ABBREVIATIONS & ACRONYMS ...... 4

SUBPART B: LICENSING OF DOMESTIC AIR SERVICES ...... 4 37.015 DOMESTIC AIR SERVICES TO BE LICENSED ...... 4 37.020 AIR SERVICE TO BE LICENSED ...... 5 37.025 APPLICATION FOR A LICENCE ...... 5 37.030 GRANT OF LICENCE ...... 5 37.035 CONDITIONS ATTACHED TO LICENCE FOR DOMESTIC SCHEDULED AIR SERVICES ...... 5 37.040 CONDITIONS ATTACHED TO LICENCE FOR DOMESTIC AIR SERVICE ...... 6 37.045 MATTERS TO BE TAKEN INTO ACCOUNT ...... 6 37.050 UNIVERSAL SERVICE OBLIGATIONS ...... 7

SUBPART C: LICENSING OF INTERNATIONAL AIR SERVICE ...... 7 37.055 INTERNATIONAL AIR SERVICES TO BE LICENSED ...... 7 37.060 LICENCE FOR INTERNATIONAL SCHEDULED AIR SERVICE ...... 8 37.065 NON-SCHEDULED FLIGHT BY FOREIGN AIRCRAFT NOT POSSESSING NATIONALITY OF A CONTRACTING STATE ...... 8 37.070 NON-SCHEDULED FLIGHT BY FOREIGN OPERATORS ...... 9 37.075 MATTERS TO BE TAKEN INTO ACCOUNT ...... 9 37.080 CONDITIONS ATTACHED TO LICENCES FOR INTERNATIONAL AIR SERVICE ...... 10

SUBPART D: GENERAL PROVISIONS RELATING TO LICENCES ...... 10 37.085 FINANCIAL FITNESS ...... 10 37.090 DIRECTORS INTEGRITY ...... 11 37.095 NOTIFICATION OF OPERATIONAL & ORGANIZATIONAL CHANGES ...... 11 37.100 OWNED OR LEASED AIRCRAFT ...... 11 37.105 AIRCRAFT LEASE APPROVAL ...... 12 37.110 VALID AOC A REQUIREMENT ...... 12 37.115 REASONS FOR DECISION ...... 12 37.120 CONDITIONS FOR ISSUE OF LICENCE ...... 12 37.125 SIX MONTH LAPSE ...... 12 37.130 INSOLVENCY ...... 12 37.135 AMENDMENT, VARIATION, SUSPENSION OR REVOCATION OF LICENCE ...... 13 37.140 ACTION TO VARY, SUSPEND OR REVOKE LICENCE ...... 13 37.145 PROVISIONAL LICENCE ...... 13 37.150 GRANT & DURATION OF LICENCE ...... 13 37.155 CONDITIONS, LIMITATIONS OR REFUSAL TO EXERCISE TRAFFIC RIGHTS ...... 14 37.160 FORM OF LICENCE ...... 14 37.165 TRANSFER OF LICENCE ...... 14 37.170 CONFIDENTIAL INFORMATION ...... 14 37.175 CARRIAGE OF MAIL ...... 14 Page 37-1 of 28 1200 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 37 37.180 RETURNS ...... 14 37.185 SURRENDER & CANCELLATION OF LICENCE...... 15 37.190 RECORDS ...... 15 37.195 PASSENGER MANIFESTS ...... 15 37.200 INSURANCE ...... 15

SUBPART E: PROVISIONS FOR FRANCHISING IN AIR TRANSPORT ...... 16 37.205 FRANCHISEE TO BE LICENCED ...... 16 37.210 FOREIGN FRANCHISEE ...... 16 37.215 CONDITION FOR FRANCHISING ...... 16 37.220 APPLICATION FOR FRANCHISE LICENCE ...... 17 37.225 DISCLOSURE OF INFORMATION OF FRANCHISE ...... 17 37.230 STANDARDS FOR FRANCHISE ...... 17 37.235 RETROSPECTIVE APPLICATION ...... 17 37.240 CONTENT OF FRANCHISE AGREEMENT ...... 17 37.245 NO CABOTAGE IN FRANCHISE OPERATION ...... 17

SUBPART F: TARIFFS & COMPETITION ...... 18 37.250 APPROVAL OF TARIFFS ...... 18 37.255 COMPATIBLE WITH UNIVERSAL SERVICE OBLIGATION ...... 18 37.260 JURISDICTION OF AUTHORITY ...... 18

APPENDICES ...... 19 APPENDIX 1 TO 37.030: PARTICULARS TO BE FURNISHED IN CONNECTION WITH AN APPLICATION FOR A LICENCE ...... 19 APPENDIX 1 TO 37.085: INFORMATION FOR USE IN ASSOCIATION WITH FINANCIAL FITNESS OF AIR CARRIERS ...... 21 APPENDIX 1 TO 37.180: PARTICULARS TO BE GIVEN BY HOLDER OF LICENCES AND OPERATING AUTHORIZATIONS IN MONTHLY RETURNS (EXCEPT WHERE OTHERWISE SPECIFIED) ...... 21 APPENDIX 1 TO 37.200: INSURANCE REQUIREMENTS FOR AIR CARRIERS & AIRCRAFT ...... 23 OPERATORS ...... 23 APPENDIX 2 TO 37.200: EXAMPLE DOCUMENTATION OF INSURANCE COVERING AIR CARRIER LIABILITY TO PASSENGERS, LUGGAGE, CARGO & THIRD PARTY LIABILITY ...... 24 APPENDIX 1 TO 37.225: INFORMATION TO BE DISCLOSED FOR FRANCHISES: DISCLOSURE DOCUMENT ...... 26

Page 37-2 of 28 1201 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 37

SUBPART A: GENERAL

37.001 APPLICABILITY (a) This Part may be cited as the Civil Aviation (Licensing of Air Services) Regulations. (b) This Part prescribes the requirements and manner for obtaining licensing for air services in the Republic of Rwanda. (c) The provisions of this Part shall apply to— (1) Rwanda operators engaged in commercial air transport; and (2) Foreign operators engaged in commercial air transport to and from Rwanda. (d) Those requirements addressing persons certificated under any Part of these Regulations apply also to any person who engages in an operation governed by any Part without the appropriate certificate, licence, operations specification, or similar document required as part of the certification. (e) These Regulations do not apply in respect of any of the following air services— (1) aerial advertising services; (2) aerial fire-fighting services; (3) aerial survey services; (4) aerial movie services; (5) aerial photography services; (6) aerial reconnaissance services; (7) aerial sightseeing services; (8) aerial traffic reporting services; (9) aerial sport and game reporting services; (10) aerial fish spotting services; (11) aerial spreading services; (12) agricultural air operations; (13) aerial weather altering services; (14) transportation services for the retrieval of human organs for human transplants; (15) aircraft demonstration or exhibition services; (16) rotorcraft external load operations; (17) aerial banner towing services; (18) glider towing services; (19) hot air balloon services; and (20) parachute jumping services. (f) An operator of an air service referred to in paragraph (c) who carries on board an aircraft persons who are not part of the air crew, but who are required for the conduct of the air service is exempt from having to obtain a domestic licence or a non-scheduled international licence for the transportation of those persons.

37.005 DEFINITIONS (a) For the purpose of this Part, the following definitions shall apply— Air service. Any service performed by means of an aircraft for hire or reward and includes air transport service, aerial work and flight training; Designation. Authorization granted by the Aeronautical Authority to an airline, whose principal place of business and place of registration is in Rwanda, to carry out international scheduled air service; Domestic air service. An air service operated within the territory of the airspace of Rwanda, and includes an air service which passes through the airspace over the territory of another State without providing

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an air service in the territory of that other State, and the route or journey of which started and ended within the territory of Rwanda. Franchise. The rights granted by a franchisor authorizing the franchisee to use various of the franchisors corporate identity elements and marketing symbols including trademarks, service marks, trade names, logotypes, flight designator code, livery, subject to standards and control intended to maintain the quality desired by the franchisor; Franchisee. The airline granted a franchise; Franchise licence. Approval granted by Authority to an airline to operate franchise business; Franchisor. The airline granting a franchise; Inclusive tour. A tour which is sold as a package consisting of— (i) such fixed accommodation and other land arrangements of services as may be appropriate for such persons in Rwanda; and (ii) the transport of persons by air to and from any destination in Rwanda. International air service. An air service which passes through the airspace over the territory of Rwanda and at least one other State; provided that an air service which passes through the airspace over the territory of another State without providing an air service in the territory of that other State, and the route or journey of which started and ended within the territory of Rwanda, shall not be an international air service; International non scheduled air transport service. An international air transport service other than an international scheduled air transport service undertaken with a specific flight or a specific series of flights. International scheduled air transport service. International air transport service where flights are undertaken— (i) between the same two or more airports; (ii) according to a published flights timetable; (iii) with each flight being open to use by members of the public; (iv) with regularity and frequency consisting of a systematic series of flights; Note: The flights may have slight variation on the route and times while serving the ame two or more airports. Scheduled air service. One of a series of flights which are operated between the same two places and which together amount to a systematic service operated in such a manner that the benefits thereof are available to members of the public from time to time seeking to take advantage of them; Seat. Any area in an aircraft designed to be occupied by a passenger, other than the area occupied by the luggage of such passenger; Short-term licence. A licence to be in force for a period not exceeding seven days.

37.010 ABBREVIATIONS & ACRONYMS (a) No abbreviations or acronyms are used in this Part.

SUBPART B: LICENSING OF DOMESTIC AIR SERVICES

37.015 DOMESTIC AIR SERVICES TO BE LICENSED (a) No person shall use an aircraft within Rwanda for the provision of any air service except under and in accordance with the terms of a licence granted by the Authority under these Regulations to that person. (b) No air operator whose principal place of business and place of registration is in Rwanda shall use an aircraft for the provision of an air service anywhere in the world except under and in accordance with the terms of a licence granted by the Authority under these regulations.

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37.020 AIR SERVICE TO BE LICENSED (a) An application for a licence shall be made to the Authority where an applicant— (1) intends to commence any air service; (2) intends to continue with any air service whose licence is due to expire; (3) wishes to amend the type of air service or category of aircraft or base of operation specified on the current licence; (4) in the case of a partnership, wishes to amend the particulars of any member associated in the partnership or amend its legal status; (5) in the case of a company, wishes to amend the controlling shareholding of the company or amend its legal status; or (6) wishes to amend the particulars of the prescribed personnel appointed by the licencee to be responsible and accountable for the safety and reliability of the air service.

37.025 APPLICATION FOR A LICENCE (a) Every application for a licence shall be made to the Authority on a form to be obtained from it on demand and shall contain the particulars contained in Appendix 1 to 37.025 and any other particulars prescribed by the Authority. (b) Every application for a licence shall be signed by the person applying for the licence and if made by a corporate body or partnership firm shall be signed by a person authorized in that behalf by such body or by a partner of the partnership firm. (c) Every application for a licence, other than a licence to remain in force for a period not exceeding seven days, shall be sent to the Authority so as to reach it on a date not less than ninety days, and for a licence to remain in force for a period not exceeding seven days on a date not less than three days, before the date on which it is desired that the licence shall take effect, but the Authority may accept and deal with any application for a licence received by it after the specified date. (d) Where an application is made to the Authority for a licence to remain in force for a period not exceeding seven days, and the Authority is satisfied that it is in the public interest, that the application should be determined with expedition, it may so determine the application and grant a licence accordingly.

37.030 GRANT OF LICENCE (a) An application shall be granted and a licence issued or amended if the applicant satisfies the Authority that— (1) the air service will be operated in a safe and reliable manner; (2) if he is a natural person, he is a citizen or resident of East African Community or if not a natural person, is incorporated in the East African Community and 51% of the voting rights in respect of such person is held by citizens and/or residents of the East African Community; and (3) the aircraft which will be used in operating the air service shall be registered in any of the East Africa Community Partner States. (4) The Authority may, after considering an application, accept such other foreign registered aircraft subject to the conditions deemed fit regarding the operations and maintenance of the aircraft concerned.

37.035 CONDITIONS ATTACHED TO LICENCE FOR DOMESTIC SCHEDULED AIR SERVICES (a) An undertaking whose principal place of business is within Rwanda shall establish a scheduled air service within Rwanda if it is licensed and meets the following requirements— (1) has reservation premises and facilities for ticket sales in each area to be served; (2) have toilet facilities on board aircraft operating on a sector with duration of 90 minutes or more flight Page 37-5 of 28 1204 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 37 time; (3) submits flight timetable for approval by the Authority and adheres to it; (4) files regular traffic statistics including tariffs; (5) has qualified for self-passenger handling or has engaged a qualified passenger handling entity at each airport of operation; (6) produces business plan for proposed routes; (7) has acceptable staffing levels, organization structure and training programme; provided that— (i) ownership of aircraft shall not be a condition for establishing a scheduled air service but aircraft used by an air carrier shall be registered in Rwanda unless otherwise expressly authorized by the Authority. (ii) in case of a leased aircraft, the agreement must be for a minimum duration of six months.

37.040 CONDITIONS ATTACHED TO LICENCE FOR DOMESTIC AIR SERVICE (a) The Authority may attach to a licence any condition which it considers desirable in the public interest, in the interest of safety, or in order to prevent uneconomic competition, and may impose conditions— (1) that the aircraft to be operated under the licence shall or shall not be used over specified routes or in specified areas; (2) that certain classes or descriptions of passengers or goods shall or shall not be carried; (3) that passengers or goods shall be carried between specified places; (4) that intermediate landings may or shall be made at specified places for the purpose of landing or loading passengers or goods; (5) that the schedule of air services from time to time approved by the Authority shall be observed; (6) as to the number and type of aircraft to be used; (7) limiting the loading of an aircraft over the whole or any portion of the route on which it is to be operated; (8) specifying any charges that may be made for the air service; (9) as to the conditions and hours of employment of any person employed in connection with the air service. (b) It shall be a condition of every licence that the holder of the licence and any person having a financial interest in the business of the holder of the licence shall refrain from stipulating that any other person shall refuse booking facilities to any other holder of a licence or shall refuse booking facilities to any other holder of a licence or shall grant such facilities to such other holder only on onerous terms. (c) The Authority may where one air carrier licensed by it has started to operate a scheduled passenger air service with aircraft of no more than 80 revenue seats on a new route between airports in Rwanda with a capacity not exceeding 30,000 seats per year, refuse a scheduled air service by another air carrier for a period of 2 years.

37.045 MATTERS TO BE TAKEN INTO ACCOUNT (a) In exercising its discretion under Section 37.030, the Authority shall have regard to the co-ordination and development of air services generally with the object of ensuring the most effective service to the public while avoiding uneconomical overlapping, and generally to the interests of the public, including those of persons requiring or likely to require facilities for air transport, as well as those of persons providing such facilities and in particular the Authority shall have regard to the following matters— (1) the existence of other air services in the area through which the proposed air service is to be operated; (2) the possibilities of air transport in that area; (3) the degree of efficiency and regularity of the air services, if any, already provided in that area, whether by the applicant or by other operators; (4) the period for which such services have been operated by the applicant or by other operators;

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(5) the extent to which it is probable that the applicant will be able to provide a satisfactory service in respect of continuity, regularity of operation, frequency, punctuality, reasonableness of charges and general efficiency; (6) the financial resources of the applicant; (7) the type of aircraft proposed to be used on the service; the competence of the applicant, having regard to his previous conduct and experience, his equipment, organization, staffing, maintenance and other arrangements, to secure the safe operation of aircraft of the types specified in the application on flights of the description and for the purposes so specified.

37.050 UNIVERSAL SERVICE OBLIGATIONS (a) The Authority may, after consultation with the Minister with regard to incentives thereof and after having informed air carriers operating on a route, include in an air service licence a universal service obligation in respect of scheduled air services to an airport serving a peripheral region in Rwanda or on a thin route to any regional airport in Rwanda, any such route being considered vital for— (1) the availability of services to all consumers including low income, rural and disadvantaged passengers and shippers; and (2) economic development of the region in which the airport is located, to the extent necessary to ensure on that route the adequate provision of scheduled air services satisfying fixed standards of continuity, regularity, capacity and pricing, which standards air carriers would not assume if they were solely considering their commercial interest. (b) The adequacy of scheduled air service shall be assessed by the Authority having regard to— (1) the public interest; (2) the possibility, in particular for the regions, of having recourse to other forms of transport and the ability of such forms to meet the transport needs under consideration; (3) the airfares and conditions which can be quoted to users; and (4) the combined effect of all air carriers operating or intending to operate on the route. (c) In instances where other forms of transport cannot ensure an adequate and uninterrupted service, the Authority may include in the universal service obligation the requirement that any air carrier intending to operate the route gives a guarantee that it will operate the route for certain period, to be specified, in accordance with the other terms of the universal service obligation. (d) If no air carrier has commenced or is about to commence scheduled air service on a route in accordance with the universal service obligation which has been imposed on that route, then the Authority may limit access to that route to only one air carrier for a period of up to three years, after which the situation shall be reviewed. (e) If the route is to be operated by a private undertaking or a person, the right to operate such services shall be offered by public tender either singly or for a group of such routes to air carrier entitled to operate such services. (1) The capacity limitations shall not apply to air services covered by this Regulation.

SUBPART C: LICENSING OF INTERNATIONAL AIR SERVICE 37.055 INTERNATIONAL AIR SERVICES TO BE LICENSED (a) No person shall use an aircraft for the provision of any international air service, to, from or in transit through, Rwanda, except under and in accordance with the terms and conditions of a licence or authorization granted and issued to the person. (b) Notwithstanding the provisions of paragraph (a), no licence shall be required in respect of an international scheduled air transport service operated by an airline of another State under and in accordance with—

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(1) any bilateral or multilateral agreement concluded between the Government of Rwanda and such other State or States; and (2) the requirements of Section 20.001 of the Civil Aviation (Foreign Operators) Regulations. (c) International scheduled air transport service established under such bilateral or multilateral agreement or arrangement shall remain valid only while the relevant agreement or arrangement remains in force and the Authority may amend, suspend or revoke the operating authorization only in accordance with the terms and conditions of that agreement or arrangement. (d) An undertaking whose principal place of business is within Rwanda shall not establish a scheduled air transport service between Rwanda and any State or territory except under and in accordance with the terms and conditions of a licence granted and issued to the undertaking. (e) An application for such a licence shall contain the particulars set out in paragraph (1) of Appendix 1 to 37.030 and any other particulars prescribed by the Authority. (f) An undertaking whose principal place of business is within Rwanda shall not be designated in order to establish a scheduled air transport service between Rwanda and any other State or territory except if— (1) he is a natural person, he is a citizen or resident of Rwanda; or (2) not a natural person, is incorporated in Rwanda and 51% of the voting rights in respect of such person are held by citizens and/or residents of Rwanda; provided that if an applicable bilateral or multilateral agreement provides otherwise, the bilateral or multilateral agreement shall prevail.

37.060 LICENCE FOR INTERNATIONAL SCHEDULED AIR SERVICE (a) A licence for international scheduled air service shall be granted subject to the provisions of these Regulations, if the applicant satisfies the Authority that— (1) it is able to meet the requirements of the Authority for an air operator’s certificate for the type of service and category of aircraft; (2) it has interlining and co-operative arrangements with other air carriers on the established route network; (3) it is a member of IATA (International Air Transport Airlines Association) and is connected to a Computer Reservations System; (4) it meets the requirements of any law relating to safety, security, public health, environmental protection and business operations in general; (5) it has duly been designated for the service by the Minister or by the entity designated by him.

37.065 NON-SCHEDULED FLIGHT BY FOREIGN AIRCRAFT NOT POSSESSING NATIONALITY OF A CONTRACTING STATE (a) A foreign aircraft which does not possess the nationality of a Contracting State shall not fly in transit nonstop across Rwanda or land in Rwanda for non traffic purposes in the course of a non-scheduled flight except in accordance with the provisions of a licence or permission issued in accordance with— (1) these Regulations; (2) the requirements of Section 20.001 of the Civil Aviation (Foreign Operators) Regulations; and (3) the requirements of Section 11.001 of the Civil Aviation (Aerial Work) Regulations. (b) In granting a licence or permission under paragraph (a), the Authority may impose such conditions and requirements as to the flight as it thinks fit, including such conditions and requirement as it considers necessary to ensure compliance with the general principles contained in the Chicago Convention, and the aircraft shall comply with such conditions and requirements

Page 37-8 of 28 1207 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 37 37.070 NON-SCHEDULED FLIGHT BY FOREIGN OPERATORS (a) Subject to the Civil Aviation (Aerial Work) Regulations, an aircraft which possesses the nationality of a Contracting State may, subject to observance of the terms of the Chicago Convention and the provisions of any written law, fly in transit non-stop across Rwanda or land in Rwanda for non-traffic aircraft possessing nationality of a Contracting State purposes, in the course of a non-scheduled flight, without the necessity of obtaining a licence but the Authority may refuse to grant any of the rights specified in this paragraph. (b) Where an aircraft which possesses the nationality of a Contracting State makes a non-scheduled flight into Rwanda it shall not take on or discharge passengers, cargo or mail in Rwanda (being passengers, cargo or mail that has been, or is to be carried for reward) except in accordance with a licence or permission issued under these Regulations and the Civil Aviation (Foreign Operators) Regulations. (c) The Authority shall cause to be published in an aeronautical information publication or aeronautical information circular or notice to airmen the procedure to be followed and the particulars to be supplied by applicants and the applicable fee for a licence or permit referred to in this Regulation. (d) In considering an application for a licence or permit referred to in paragraph (b) the Authority shall have regard to— (1) the public interest; (2) the need to provide reasonable protection for the operators of scheduled air services between Rwanda and other States so as to ensure the maintenance of regular air services for the carriage of passengers, cargo and mail between Rwanda and other States; and (3) any resolution or decision of the International Civil Aviation Organization approved by Rwanda or of the International Air Transport Association that has been approved by the Authority and is relevant to the matter. (e) The Authority in granting a licence or permit referred to in paragraph (b) may attach such conditions thereto as it sees fit. (f) Notwithstanding anything contained in the provisions of this regulation, where it appears to the Authority that an aircraft which possesses the nationality of a Contracting State is intended in the course of a non- scheduled flight over Rwanda to proceed over regions which are without adequate air navigation facilities of safety, direct that the aircraft shall follow an established air route that the flight shall be conducted in accordance with such conditions as he may require and the aircraft shall comply with such direction.

37.075 MATTERS TO BE TAKEN INTO ACCOUNT (a) An application shall be granted or a permit issued or a licence varied, subject to the provisions of these regulations, if the applicant satisfies the Authority that— (1) the international air service concerned will be operated in such a manner that it will in all material respect, comply with the applicable international conventions which have been implemented in Rwanda; (2) the applicant is fit and able to operate the international air service and the Authority may require the applicant to submit any of the prescribed documents in support hereof; (3) the applicant is in possession of a valid foreign licence which pertains to the international air service for which application is being made and which has been granted to the applicant by the appropriate authority in any State or territory from which such international air service will be operated; (4) benefits may arise from the provision of an air service over the same route by two or more air service operators; (5) the proposed air service will not contravene any provision of any air service agreement in force and having a bearing on the application;

Page 37-9 of 28 1208 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 37 37.080 CONDITIONS ATTACHED TO LICENCES FOR INTERNATIONAL AIR SERVICE (a) An applicant who has been granted and issued with a licence or authorization or variation thereof to operate international air service by the Authority shall— (1) not take on any passengers, cargo or mail at any point in service Rwanda, for discharge at any other point in Rwanda, except those passengers who, or cargo or mail which, he originally brought into Rwanda on the same flight; (2) furnish the Authority with any statistics which may be requested by the Authority, within 30 days after the date of request; (3) have sufficient and appropriate experience in the operation of the air service concerned; (4) make the necessary arrangements so that the specific flights to be undertaken in the operation of the air service can be accommodated at the terminal airport in Rwanda at the time of arrival and departure; (5) for inclusive tour charters, transport only passengers who are part of an inclusive tour, unless the Authority specifically authorizes transport of other certain passengers; (6) for non-scheduled air service for carrying passengers, cargo or mail or combination thereof between Rwanda and another State or territory, not cause unreasonable economic overlapping with established scheduled air service operated between Rwanda and the other State or territory. (b) Any person who contravenes the provisions of paragraph (a) shall be guilty of an offence and shall be liable, on conviction, for a first offence, to a fine not exceeding six hundred thousand (600,000) Francs and for every subsequent offence, to a fine not exceeding one million two hundred (1,200,000) Francs.

SUBPART D: GENERAL PROVISIONS RELATING TO LICENCES 37.085 FINANCIAL FITNESS (a) An applicant for an air service licence to be granted for the first time and whose principal place of business and place of registration is within Rwanda must be able to demonstrate to the reasonable satisfaction of the Authority that he— (1) can meet at any time its actual and potential obligations, established under realistic assumptions, for a period of 24 months from the start of operations; and (2) can meet its fixed and operational costs incurred from operations according to its business plan and established under realistic assumptions, for a period of three months from the start of operations without relying on revenue generated by the operations. (b) For the purpose of paragraph (a), each applicant shall submit a business plan for, at least, the first two years of operation, which shall also detail the applicant’s financial links with any other commercial activities in which the applicant is engaged either directly or through related undertakings; (c) The applicant shall also provide all relevant information, in particular the data referred to in paragraph (a) of the Appendix 1 to 37.085, and any other information prescribed by the Authority. (d) In respect of air carriers of other States, the Authority shall accept as sufficient evidence, unless otherwise proved to the contrary, the production of licences, certificates and documents issued by competent authorities in the States of origin regarding the competence, technical and financial fitness of the air carriers. (e) An air carrier whose principal place of business and place of registration is within Rwanda shall provide to the Authority every financial year without undue delay the audited accounts relating to the previous financial year. (f) Upon request by the Authority, an air carrier shall provide the information relevant for the purposes of paragraph (d), and in particular the data referred to in Part C of the Appendix 1 to 37.085, and any other information prescribed by the Authority.

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(g) Paragraphs (a), (b) and (c) shall not apply to air carriers exclusively engaged in operations with aircraft of less than ten tones MTOW (maximum take-off weight) and/or less than twenty seats; such air carriers shall at all times be able to demonstrate that their net capital is at least fifty million (50,000,000) Francs or to provide when required by the Authority the information relevant for the purposes of paragraph (f). (h) The Authority may apply the provisions of paragraphs (a),(b),(c),(d) and (f) to air carriers licensed by it that operate scheduled air service or whose turnover exceeds twenty billion (20,000,000,000) Francs per year.

37.090 DIRECTORS INTEGRITY (a) The Authority may require, for the purpose of issuing an air service licence, proof that the persons who will continuously and effectively control the operations of the undertaking are of good repute or that they have not been declared bankrupt; (b) The Authority shall accept as sufficient evidence in respect of nationals of other States the production of documents issued by competent authorities in the States of origin or the State from which the foreign national comes showing that those requirements are met. (1) Where the competent authorities of the State of origin or of the State from which the foreign national comes do not issue the documents referred to in the paragraph (a), such documents shall be replaced by a declaration on oath or, where there is no provision for declaration on oath, by a solemn declaration – made by the person concerned before a competent judicial or administrative officer or, where appropriate, a notary or qualified professional body of the State of origin or the State from which the person comes; (2) such authority or notary shall issue a certificate attesting the authenticity of the declaration on oath or solemn declaration.

37.095 NOTIFICATION OF OPERATIONAL & ORGANIZATIONAL CHANGES (a) An air carrier shall notify in advance the Authority plans for— (1) operation of a new scheduled service or a non-scheduled service to a region not previously served; (2) changes in the type or number of aircraft used or a substantial change in the scale of its activities; and (3) any intended mergers or acquisitions or franchises. (b) An air carrier shall notify the Authority within fourteen days of any change in the ownership of any single shareholding which represents 10% or more of the total shareholding of the air carrier or of its parent or ultimate holding company. (c) The submission of a 12 month business plan two months in advance of the period to which it refers shall constitute sufficient notice under this regulation for the purpose of changes to current operations and/or circumstance which are included in that business plan. (d) If the Authority deems the changes notified under paragraph (b) to have a significant bearing on the finances of the air carrier, it shall require the submission of an application to revise the licence and upon request by the Authority, an air carrier shall provide the information relevant for the purposes of this regulation, and in particular the data referred to in paragraph (b) of the Appendix 1 to 37.085, and any other information prescribed by the Authority.

37.100 OWNED OR LEASED AIRCRAFT (a) Ownership of aircraft shall not be a condition for granting or maintaining a licence but the Authority shall require, in relation to air carriers licensed by it that they have one or more aircraft at their disposal and operational control, through ownership or appropriate form of lease agreement. (b) Without prejudice to paragraph (a), aircraft used by an air carrier shall be registered in its national register. (c) In the case of short-term aircraft lease agreements to meet temporary needs of the air carrier or otherwise in exceptional circumstances, the Authority may grant waivers to the requirement of the paragraphs.

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37.105 AIRCRAFT LEASE APPROVAL (a) For the purposes of ensuring safety and liability standards an air carrier using an aircraft from another undertaking or providing it to another undertaking shall obtain prior approval for the operation from the Authority; (b) The conditions of the approval shall be part of the lease agreement between the parties. (c) The Authority shall not approve agreements leasing aircraft with crew to an air carrier to which it has granted an air service licence unless safety standards equivalent to those imposed under the requirement for a valid air operator certificate are met.

37.110 VALID AOC A REQUIREMENT (a) The validity at any time of an air service licence shall be dependent upon the possession of a valid air operator certificate specifying the activities covered by the air service licence.

37.115 REASONS FOR DECISION (a) In any case in which the Authority refuses to grant or amend a licence or grants or amends a licence which differs from the licence or variation for which application has been made, or imposes conditions to which the applicant objects, the Authority, shall, if required by the applicant so to do, state in writing the reasons for its decision upon the payment of the applicable fee as may be notified from time to time; provided that where the reasons for the decision relate to matters of national safety and security, the Authority shall not be obliged to disclose the same.

37.120 CONDITIONS FOR ISSUE OF LICENCE (a) A licence shall be issued on condition that— (1) the licencee shall not commence or continue with an air service, unless he is in possession of a valid air operator certificate issued by the Authority or competent authority of another State and acceptable by the Authority; (2) the licencee shall commence with the air service and the operation of that air service shall not be interrupted for a period exceeding six conservative months; (3) the licence shall lapse as soon as the estate of the licensee is sequestrated or wound up as the case may be; and (4) the licencee is insured as prescribed in relation to the type of air service and the category of aircraft prescribed on the licence and in respect of 3rd party liability insurance. (b) It shall be a condition of every licence that the requirements of any law relating to aviation for the time being in force in Rwanda and of any air traffic control procedure for the time being in force in Rwanda shall be complied with at all times during the currency of the licence in connection with all flights performed under the licence. (c) The right to embark and disembark air traffic within Rwanda shall be subject to national laws and rules relating to safety, security, and protection of the environment, customs, immigration and public health.

37.125 SIX MONTH LAPSE (a) When an air carrier has ceased operations for six consecutive months or has not started operations for six consecutive months after the granting of a licence, the licencee shall resubmit its application for approval by the Authority and operations may commence according to the directions given by the Authority.

37.130 INSOLVENCY (a) An air carrier against which insolvency or similar proceedings are opened shall not be permitted by the Authority to retain its licence if the Authority is convinced that there is no realistic prospect of a satisfactory financial reconstruction within a reasonable time. Page 37-12 of 28 1211 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 37

37.135 AMENDMENT, VARIATION, SUSPENSION OR REVOCATION OF LICENCE (a) The Authority may, during the currency of a licence, of its own motion or on the application of the holder of the licence, vary or revoke any of the terms or conditions of the licence or add any new terms and conditions which it may consider necessary. (b) The Authority may, at any time and in any event whenever there are clear indications that problems exist with an air carrier licensed by it and whose principal place of business and place of registration is within Rwanda, assess its financial performance and may suspend or revoke the licence if the Authority is no longer satisfied that the air carrier can meet its actual and potential obligations for a twelve month period. (c) A licence may also be revoked or suspended by the Authority on the ground— (1) that the licence holder has been convicted of an offence under Section 37.080 in respect of his licence; or (2) that any condition subject to which the licence was granted has not been observed. (d) The Authority may amend a licence to correct errors of administrative nature during the currency of a licence. (e) The Authority shall not vary, revoke or suspend the licence or terms or conditions of the licence unless satisfied that, having regard to the fact constituting the offence under these Regulations, or necessitating the variation, or revocation of terms or conditions, or owing to the frequency of the failures on the part of the holder to comply with conditions or to the failure having been willful, the licence should be varied, revoked or suspended.

37.140 ACTION TO VARY, SUSPEND OR REVOKE LICENCE (a) The Authority may— (1) direct a licensee to comply with such conditions as it may specify within the period determined by the Authority; or (2) vary the licence concerned; or (3) suspend the licence concerned for a period not exceeding two years; or (4) cancel the licence concerned. (b) In any case where a licence is revoked or suspended the Authority shall, if required by the holder of the licence to do so, state in writing the reasons for its decision.

37.145 PROVISIONAL LICENCE (a) The Authority may consider a request to grant and issue a temporary licence immediately after the receipt of, and pending determination of an application for a licence, for a period that it may determine but for the period not exceeding 90 days. (b) There shall be paid in respect of the grant of a provisional licence the fee as shall be notified by the Authority in respect of each type of air service for a category of aircraft.

37.150 GRANT & DURATION OF LICENCE (a) The Authority may grant licences in accordance with the provisions of these Regulations and such licences shall, subject to Section 37.135, continue in force for such period, not exceeding seven years from the date on which any licence is expressed to take effect, as may be specified by the Authority, provided that if, on the date of the expiration of a licence, an application has been made for the grant of a new licence in substitution for the existing licence held by the applicant, such existing licence shall continue to be in force until such application has been determined. (b) A licence shall lapse as soon as the estate of the licencee is sequestrated or wound up as the case may be.

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37.155 CONDITIONS, LIMITATIONS OR REFUSAL TO EXERCISE TRAFFIC RIGHTS (a) When physical constraints or environmental problems exist, the Authority may, subject to this Regulation, impose conditions, limit or refuse the exercise of traffic rights in particular when other modes of transport can provide satisfactory levels of service. (b) Action taken by the Authority in accordance with paragraph (a) shall— (1) be non discriminatory on grounds of identity of air carriers; (2) have a limited period of validity, not exceeding three years, after which it shall be reviewed; (3) not unduly affect the objectives of these Regulations; (4) not distort competition between air carriers; and (5) not be more restrictive than necessary in order to relieve the problems.

37.160 FORM OF LICENCE (a) A licence and an operating authorization shall be in such form as the Authority considers suitable to meet the requirements of any particular application approved by the Authority and, if the Authority considers it convenient, it may grant to the operator of more than one service a licence or operating authorization in a consolidated form. (b) Where a licence is granted in a consolidated form, the provisions of these Regulations relating to the payment of fees and to the imposition and variation of conditions shall apply in respect of each separate service authorized under the licence as if the licence in its application to that service were a separate licence.

37.165 TRANSFER OF LICENCE (a) A licence shall not be capable of being transferred or assigned; but in the event of the death, incapacity, bankruptcy, sequestration or liquidation of the holder of a licence, or of the appointment of a receiver or manager or trustee in relation to the business of the holder, the person for the time being carrying on that business shall, if within fourteen days application is made for a new licence, be entitled to perform the air service authorized by the licence subject to the conditions and the obligations thereof until the application is determined.

37.170 CONFIDENTIAL INFORMATION (a) Nothing in these Regulations shall require a disclosure by the applicant for a licence to any person, other than the Authority, of information as to his financial resources, and any such information received by the Authority from an applicant shall be treated as confidential.

37.175 CARRIAGE OF MAIL (a) The holder of a licence shall perform all such reasonable services as the Iposita Department of Rwanda may from time to time require in regard to the conveyance of mails (and of any persons who may be in charge thereof) upon air services operated under the licence. (b) The remuneration for any services performed in pursuance of this regulation shall be such as may from time to time be determined by agreement between the Iposita Department of Rwanda and the licence holder.

37.180 RETURNS (a) The holder of a licence or operating authorization shall make a monthly return in writing to the Authority giving, in respect of the month to which the return relates, the particulars set out in the Appendix 1 to 37.180 with regard to all air services authorized by the licence or operating authorization, and any other particulars that the Authority may prescribe.

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(b) The returns to be made in accordance with paragraph (a) shall be sent to the Authority not later than two months after the expiration of the month to which the return relates.

37.185 SURRENDER & CANCELLATION OF LICENCE (a) In the event of the holder of a licence ceasing to operate the air service authorized thereby he shall forthwith notify the Authority and return the licence to it for cancellation; provided that where, owing to the death, incapacity, bankruptcy, sequestration or liquidation of the holder of a licence or to the appointment of a receiver or manager or trustee in relation to the business of the holder, he ceases to operate the air service authorized by the licence, then if the business of the holder is being carried on by some other person, that person shall forthwith notify the Authority and unless application has been made within fourteen days for a new licence, shall return the licence to it for cancellation. (b) A licence may at any time be surrendered by the holder to the Authority for cancellation. (c) If a licence ceases to have effect, otherwise than by the effluxion of time, or is suspended or revoked, the holder thereof shall send or deliver the licence to the Authority for retention during the time of suspension or cancellation, and the Authority shall on the removal of a suspension return the licence to the holder.

37.190 RECORDS (a) The Authority shall keep a record of all applications for licences showing whether the licence was granted or refused, and an entry shall be made in such record whenever a licence is revoked or suspended or expired and the record shall contain such particulars as will enable the application to be identified and shall show— (1) the date from which any licence is expressed to operate; (2) the date on which it is expressed to expire; (3) any condition attached to the licence under the provisions of these Regulations; (4) in the case of a scheduled air service, the terminal places and the intermediate landing places to which the application relates; and (5) in the case of an air service other than a scheduled air service, a detailed description of the type of air service and the area of operation. (b) In this regulation the term licence includes operating authorization.

37.195 PASSENGER MANIFESTS (a) The holder of a licence shall before each flight compile or cause to be compiled a passenger list in respect of the flight and shall keep such list in a safe place for a period of at least 12 months as from the date on which the flight to which it relates has taken place. (b) A passenger list compiled in terms of paragraph (a) shall at least contain the name of each passenger. (c) On the written request of the Authority, a licensee shall, subject to the provisions of paragraph (a), forthwith furnish Authority with copies of any passenger lists compiled by the licensee for such period as may be determined by the Authority.

37.200 INSURANCE (a) No licensee shall operate a domestic air service or an international air service unless, for every accident or incident related to the operation of that service, it has— (1) liability insurance covering risks of injury to or death of passengers, damage to or loss of luggage and cargo in an amount that is not less than the amount determined in Appendix 1 to 37.200; and (2) insurance covering risks of third party liability in an amount that is not less than the amount determined in Appendix 1 to 37.200.

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(b) The insurance coverage required by paragraph (a)(1) need not extend to any passenger who is an employee of an air carrier if workers' compensation legislation governing a claim for damages against that air carrier by the employee is applicable. (c) No licensee shall take out liability insurance to comply with paragraph (a) that contains an exclusion or waiver provision reducing insurance coverage for any accident or incident below the applicable minima determined pursuant to that paragraph, unless that provision (1) consists of standard exclusion clauses adopted by the international aviation insurance industry dealing with— (i) war, hijacking and other perils, (ii) noise and pollution and other perils, or (iii) aviation radioactive contamination; (2) is in respect of chemical drift; (3) is to the effect that the insurance does not apply to liability assumed by the air carrier under any contract or agreement unless such liability would have attached to the air carrier even in the absence of such contract or agreement; or (4) is to the effect that the entire policy shall be void if the air carrier has concealed or misrepresented any material fact or circumstance concerning the insurance or the subject thereof or if there has been any fraud, attempted fraud or false statement by the air carrier touching any matter relating to the insurance or the subject thereof, whether before or after a loss. (d) An air carrier may have a comprehensive single limit liability coverage where liability risks are covered by a single policy or a combination of primary and excess policies, but no single limit liability coverage of that air carrier shall be for an amount that is less than the applicable combined insurance minima determined pursuant to paragraphs (a)(1) and (2). (e) Every applicant for a licence or for an amendment to or renewal of a licence, and every licensee, shall file with the Authority, in respect of the service to be provided or being provided, as the case may be, a valid certificate of insurance in the form set out in Appendix 2 to 37.200. (f) A person referred to in paragraph (e) who files a certificate of insurance electronically shall, on the request of the Authority, file forthwith a certified true copy of the certificate.

SUBPART E: PROVISIONS FOR FRANCHISING IN AIR TRANSPORT

37.205 FRANCHISEE TO BE LICENCED (a) No airline registered in Rwanda shall operate as a franchisee or enter into a franchise agreement except under and in accordance with the terms of a franchise license granted by the Authority in accordance with these Regulations.

37.210 FOREIGN FRANCHISEE (a) No foreign registered airline shall operate as a franchisee within Rwanda except under and in accordance with the terms of a franchise licence granted by the Authority in accordance with these Regulations.

37.215 CONDITION FOR FRANCHISING (a) It shall be a condition to the grant of a franchise licence that the prospective franchisee and the prospective franchisor shall be a holder of, in the case of an airline registered in Rwanda, an air service licence and in the case of a foreign registered airline, an operating authorization issued in accordance with these Regulations.

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37.220 APPLICATION FOR FRANCHISE LICENCE (a) Every application for a franchise licence shall be made to the Authority and shall contain the particulars of Appendix 1 of 37.220 and those prescribed by the Authority. (b) The Authority may grant franchise licences in accordance with these Regulations and impose such conditions as the Authority may deem appropriate. (c) In exercising its discretion, the Authority shall have regard to all relevant factors including— (1) the need to ensure safety in air transport; (2) the need to protect the interests and welfare of the public; and (3) the prevention of unfair competition.

37.225 DISCLOSURE OF INFORMATION OF FRANCHISE (a) The disclosure document shall be updated within (60) days of the end of the franchisors fiscal year. (b) Where there has been a material change in the information required to be disclosed under the Appendix 1 to 37.225 the disclosure document shall be updated within (30) days of the occurrence of that material change. (c) If the disclosure document contains a misrepresentation of a material fact or if there is an omission of a material fact required to be disclosed under the Appendix 1 to 37.225 the Authority without prejudice to any other action may revoke or suspended the franchise license. (d) The franchisee shall ensure that every marketing, promotional and/or advertisement of its business shall contain a clear, unequivocal and prominent disclosure that the franchisee is the actual operator. (e) The franchisee shall cause to be disclosed to the public at the time of booking, ticketing, check-in and in the aircraft the identity of the actual operator of the flight.

37.230 STANDARDS FOR FRANCHISE (a) Whenever the Conditions of Carriage for the franchisor contain more favorable terms to a passenger/ shipper than the Conditions of Carriage of the franchisee, then those favorable terms in the conditions of carriage of the franchisor (including liability limitation) shall apply to operations by the franchisee.

37.235 RETROSPECTIVE APPLICATION (a) Airlines that already operate a franchise prior to the publication of these Regulations shall within a period of twelve months of the coming into effect of these Regulations apply to the Authority for grant of a franchise licence in accordance with these Regulations.

37.240 CONTENT OF FRANCHISE AGREEMENT (a) The franchise arrangement shall be subject to the existing competition policy, rules and legislation as may be amended or modified from time to time provided that the Authority may approve the franchise if the public interest benefits of the arrangement outweigh the possible loss of competition. (b) All franchise agreements involving foreign franchisors and local franchisees shall have a provision therein to the effect that the terms of such agreements shall be governed by the laws of Rwanda.

37.245 NO CABOTAGE IN FRANCHISE OPERATION (a) The approval of a franchise operation involving a foreign franchisor and local franchisee shall not imply in any way that the franchisor is licensed to operate domestic services between any such two points within Rwanda.

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SUBPART F: TARIFFS & COMPETITION

37.250 APPROVAL OF TARIFFS (a) Except if exempted by any bilateral or multilateral air services agreement to which Rwanda is a party or by a permission of the Minister granted under the Civil Aviation (Commercial Air Transport Operations by Foreign Air Operator in and out of Rwanda) Regulations, undertakings entrusted with the provision of air service shall submit their tariffs for approval at least thirty working days prior to the proposed date of application. (b) The Authority shall consider the proposed tariff and may, if it thinks fit, approve or disapprove it; in case no disapproval is issued, after expiry of thirty working days after submission of proposal, approval shall be presumed. (c) A decrease in tariff shall be applied without need for approval, except if otherwise prescribed in any bilateral or multilateral air services agreement to which Rwanda is a party. (d) In considering request for approval of tariff, the Authority shall prevent application of tariffs that may be discriminatory, excessively high or low due to abuse of dominant position or due to direct or indirect State subsidy. (e) For the purposes of this regulation, "tariff" means a condition as to any of the following matters— (1) the price to be charged for the carriage of passengers, baggage or cargo on flights; (2) any additional goods, services or other benefits to be provided in connection with such carriage; (3) the prices, if any, to be charged for any such additional goods, services or benefits; and (4) the commission, or rates of commission, to be paid in relation to the carriage of passengers, baggage or cargo; and includes any condition as to the applicability of any such price, the provision of any such goods, services or benefits or the payment of any such commission or of commission at any such rate.

37.255 COMPATIBLE WITH UNIVERSAL SERVICE OBLIGATION (a) Undertakings entrusted with the operation of services of general economic interest or having the character of revenue producing monopoly shall be subject to the provisions for fair competition in so far as the application of such provisions do not obstruct the performance, in law and in fact, for the particular tasks assigned to them and the development of air services trade must not be affected to such an extent as would be contrary to the public interest.

37.260 JURISDICTION OF AUTHORITY (a) The Authority shall have jurisdiction to review agreements, decisions or practices that may affect competition in air service and may examine books, other business records, take copies from extracts, ask for oral explanations and enter any premises, land and aircraft used by concerned parties.

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APPENDICES

APPENDIX 1 TO 37.030: PARTICULARS TO BE FURNISHED IN CONNECTION WITH AN APPLICATION FOR A LICENCE

1. SCHEDULED AIR SERVICES (1) Name and address of applicant, nationality of applicant, (2) Names of places between which the air service is to be operated (3) Names of the regular stage stopping places for the purpose of taking on or setting down passengers, or goods (4) Times and frequencies of air service (5) Number and type or types of aircraft to be used. (6) Type of load to be carried. (7) Maximum and minimum fares to be charged to passengers or for goods in respect of the total journey or any portion of the journey for which separate charges are made. (8) Date of commencement of air service (9) Period for which licence is required. (10) If air service is already in operation— (i) period for which the air service has been operated; (ii) details as per monthly return for a period of operation or last 12 months, whichever be the less. (11) List of other air services operated by the applicant at the time of application, past and present. (12) Particulars of any working arrangement with any other company operating an air service. (13) Particulars or any financial interest which the applicant has in any other undertaking providing passenger transport facilities or controlling the business of any person who provides such facilities. (14) The nature of the person making the application, whether an individual, partnership firm or corporate body, public or private, with or without limited liability, and if a company, public or private— (i) the nominal and issued capital; (ii) the names and nationality of the directors; (iii) the names and state of incorporations of any other companies holding shares in the applicant’s business; (iv) the names and state of incorporation of any subsidiary companies of the applicant.

2. CHARTER & AERIAL WORK, OTHER THAN SCHEDULED AIR SERVICES & INSTRUCTION (1) Name and address of applicant; (2) Numbers and types of aircraft and engines to be used. (3) Types of work to be carried out and the areas in which it is proposed to operate each type of service. (4) Maximum charges to be made for such type of work. (5) Date of commencement of air service. (6) Period for which licence is required (7) If air service is already in operation— (i) The period for which the air service has been operated; (A) Details as per monthly return for period of operation or last 12 months whichever be the less. (B) List of other air services operated by applicant at the time of application, past and present. (ii) Particulars of working arrangements with other air service companies.

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(iii) Particulars or any financial interest which the applicant has in any other undertaking providing passenger transport facilities or controlling the business or any person who provides such facilities. (iv) The nature of the person making the applicant, whether individual, partnership firm or corporate body, public or private, with or without limited liability, and if a company, public or private— (A) the nominal and issued capital; (B) the names and nationality of the directors; (C) the names and state of incorporation of any other companies holding shares in the applicant’s business; (D) the names and state of incorporation of any other subsidiary companies of the applicant. (v) Such particulars of the accounts of the applicant’s business during the last 12 months as the Authority shall require.

3. INSTRUCTIONAL (1) The names and address of applicant; (2) The numbers and types of aircraft and engines to be used; (3) The types of instruction to be carried out and place where it is proposed to operate; (4) Maximum charges to be made for each type of instruction; (5) Date of commencement of air service; (6) Period for which licence is required; (7) If air service is already in operation— (i) Period for which the air service has been operated; (ii) Details as per monthly return for period of operation or last 12 months, whichever be the less. (iii) List of other air services operated by the applicant at the time of application, past and present. (8) Particulars of working arrangements with other air service companies. (9) Particulars of any financial interest which the applicant has in any other undertaking providing instructional facilities or controlling the business of any person who provides such facilities. (10) The nature of the person making the application, whether an individual, partnership firm or corporate body, public or private, with or without limited liability, and if a company, public or private— (i) the nominal and issued capital; (ii) the names and nationality of the directors; (iii) the names and state of incorporation of any other companies holding shares in the applicant’s business; (iv) the names and state of incorporation of any subsidiary companies of the applicant. (11) (l) Such particulars of the accounts for the applicant’s business during the last 12 months as the Authority shall require.

4. DOCUMENTS TO BE SUBMITTED WITH APPLICATION (1) A plan setting out in detail the manner in which the applicant will ensure that a safe and reliable air service is operated. (2) A certified true copy of the existing foreign licence held by foreign applicant. (3) Certified true copy of the memorandum and articles of association or any other founding document of the applicant. (4) A valid guarantee or security of the applicant and insurance policy which may arise from the operation of the air service. (5) Any other document in support of the applicant’s ability to operate the air service.

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APPENDIX 1 TO 37.085: INFORMATION FOR USE IN ASSOCIATION WITH FINANCIAL FITNESS OF AIR CARRIERS (a) Information to be provided by a first-time applicant from a financial fitness point of view— (1) The most recent internal management accounts and, if available, audited accounts for the previous financial year. (2) A projected balance sheet, including profit and loss account, for the following two years. (3) The basis for projected expenditure and income figures on such items as fuel, fares and rates, salaries, maintenance, depreciation, exchange rate fluctuations, airport charges, insurance, etc. Traffic/revenue forecasts. (4) Details of the start-up costs incurred in the period from submission of application to commencement of operations and an explanation of how it is proposes to finance these costs. (5) Details of existing and projected sources of finance. (6) Details of shareholders, including nationality and type of shares to be held, and the Articles of Association. If part of a group of undertakings, information on the relationship between the group. (7) Projected cash-flow statements and liquidity plans for the first two years of operation (8) Details of the financing of aircraft purchase, leasing including, in the case of leasing, the terms and conditions of contract. (b) Information to be provided for assessment of the continuing financial fitness of existing licence holders planning a change in their structures or in their activities with a significant bearing on their finances— (1) If necessary, the most recent internal management balance sheet and audited account for the previous financial year. (2) Precise details of all proposed changes e.g. change of type of service, proposed takeover or merger; modifications in share capital, changes in shareholders, etc. (3) A projected balance sheet, with a profit and loss account, for the current financial year, including all proposed changes in structure or activities with a significant bearing on finances. (4) Past and projected expenditure and income figures on such items as fuel, fares and rates, salaries, maintenance, depreciation, exchange rate fluctuations, airport charges, insurance, etc., Traffic/ revenue forecasts. (5) Cash-flow statements and liquidity plans for the following year, including all proposed changes in structure or activities with a significant bearing on finances. (6) Details of the financing of aircraft purchase/leasing including, in the case of leasing, the terms and conditions of contract. (c) Information to be provided for assessment of the continuing financial fitness of existing licence holders. (1) Audited accounts not later than six months after the end of the relevant period and, if necessary, the most recent internal management balance sheet. (2) A projected balance sheet, including profit and loss account for the forthcoming year.

APPENDIX 1 TO 37.180: PARTICULARS TO BE GIVEN BY HOLDER OF LICENCES AND OPERATING AUTHORIZATIONS IN MONTHLY RETURNS (EXCEPT WHERE OTHERWISE SPECIFIED)

1. SCHEDULED AIR SERVICES (1) A list of the service numbers of all flights operated giving the names of the places between which services are operated, the names of the regular staging points on the route, the types of aircraft used and the number of flights operated by each type. (2) A copy of the current timetable

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(3) A copy of current tariffs (4) For services operated under an international airline licence or an operating authorization for each service number— (i) Total passengers, goods and mail, terminating and in transit, arriving in Rwanda by point of discharge within Rwanda (showing in addition the point of discharge of passengers outside Rwanda for each point of uplift) (ii) Total passengers, goods and mail, originating and in transit, departing from Rwanda by point of uplift within Rwanda (showing in additions the point of discharge of passengers outside Rwanda for each point of uplift). (iii) In transit passengers at each staging point in Rwanda on international services not included above, i.e. those whose airports of uplift and discharge are both within Rwanda. (iv) Total number of passenger seats offered and the number filled, on flights arriving in and/or departing from Rwanda. (v) Total capacity of commercial cargo offered and the weight carried on flights arriving in and/or departing from Rwanda. (vi) Total passengers, goods and mail carried only within Rwanda by points of uplift and discharge separately for traffic between each airport in each direction. (5) For services operated under an international airline licence and on sectors not wholly within Rwanda— (i) For each staging point outside Rwanda, the passengers, goods and mail in transit. (ii) For each sector— (A) the total passenger-miles offered, and carried; and (B) the total commercial cargo load-miles offered, and carried. (6) For services operated under the local licence the following shall be submitted for each period of four weeks commencing 1st January each year, and in for each 13 week period throughout the year, the last complete four-week and 13-week periods in the year shall, however, be extended to include 31st December, or for such periods as shall be determined from time to time— (i) By service number— (A) the total passenger-miles offered and carried; (B) the total load miles offered and carried. (ii) The Passengers, goods and mail carried in each direction, between all combinations of staging points.

2. CHARTER, AERIAL WORK & NON-SCHEDULED FLIGHTS (1) Numbers and type or types of aircraft and engines operated during the month, actual dates of any changes made to be given. (2) Average daily service ability of aircraft complete. (3) Total number of miles flown on each class of work. (4) Total number of flights made on each class of work. (5) Passenger miles and total number of passengers carried. (6) Ton-miles and total weight of goods carried. (7) Number of flights commenced but not completed, giving cause. (8) Total number of requests for air service made. (9) Total number of requests for air service made which were not accepted given reasons. (10) Number of pilots, navigators, radio operators, flight engineers, stewards, photographers and any other personnel employed on flying duties, and their salaries by grade. (11) Copy of current schedule of charges for air services.

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3. INSTRUCTIONAL (1) The numbers and types of aircraft and engines operated during the month, the actual dates of any changes to be given. (2) The average daily service ability of aircraft complete (3) The total number of hours flown; (i) dual instruction; and (ii) solo; and (iii) the total number of hours of not-flying instruction, per type of instruction. (4) The total number of flights made; (i) dual instruction; (ii) solo. (5) The number of instructors employed and their salaries by grade. (6) A copy of the current schedule for instructional charges. (7) The total number of pupils under instruction, according to the class of pilot licence for which instruction is being given. (i) The total number of pilot licences, per class, gained during the month. (ii) The total number of pilot licences, per class, held by pupils or members of the club. (iii) The total number of pupils or members.

APPENDIX 1 TO 37.200: INSURANCE REQUIREMENTS FOR AIR CARRIERS & AIRCRAFT OPERATORS (a) In addition to the 3rd Party requirements listed below, the following minimum insurance covers are required— (1) Passengers at 250,000 SDRs per passenger or in respect of non-commercial operations with aircraft with MTOM of less than 2,700 kg, not less than 100,000 SDRs per passenger. (2) Baggage at 1,000 SDRs per passenger. (3) Cargo at 17 SDRs per kg.

MINIMUM INSURANCE CATEGORY MTOM (KG) (MILLION SDRS)

1 Up to 499 ^ 0.75

2 500 - 999 1.5

3 1,000 - 2,699 3

4 2,700 - 5,999 7

5 6,000 - 11,999 18

6 12,000 - 24,999 80

7 25,000 - 49,999 150

8 50,000 - 199,999 300

9 200,000 - 499,999 500

10 500,000 plus 700

(b) The minimum combined single limit (CSL) liability cover for each aircraft will be calculated as follows— Page 37-23 of 28 1222 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 37

(1) Third (3rd) Party for relevant category (see table) (2) + 250,000 SDRs x maximum number of passengers carried on that aircraft or in respect of noncommercial operations with aircraft with MTOM of less than 2,700 kg, not less than 100,000 SDRs per passenger. (3) + 1,000 SDRs x maximum number of passengers (4) + 17 SDRs x kilograms of cargo carried

APPENDIX 2 TO 37.200: EXAMPLE DOCUMENTATION OF INSURANCE COVERING AIR CARRIER LIABILITY TO PASSENGERS, LUGGAGE, CARGO & THIRD PARTY LIABILITY

CERTIFICATE OF INSURANCE (a) This is to certify that—

(insurer)(Name, address and participation percentages of insurer or insurers) has/have issued the policies listed in this certificate covering risks of liability to passengers, luggage, cargo and third party liability to

(air carrier) (Name and address of air carrier) effective from (day) (month) (year) to (day) (month) (year). (b) The insurer has assumed, under the policies listed in this certificate, liability insurance covering risks of injury to or death of passengers, damage to or loss of luggage and cargo, and insurance covering risks of third party liability in accordance with the requirements of Section 37.200 of the Civil Aviation (Licensing of Air Services) Regulations. (c) The air carrier has been insured against the risks described in paragraph (b) for each incident or accident related to the operation of a (a domestic, an international, or domestic and international) service in the following amounts—

Type of Liability Amount Policy No Passenger Luggage Cargo Third Party Single limit coverage

(d) The policies listed in this certificate insure (fill in the appropriate service in either (1) or (2))— (1) all aircraft operated by the air carrier in (domestic, international, or domestic and international) services; or

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(2) (domestic, international, or domestic and international) services operated by the air carrier with the following aircraft—

REGISTRATION MARKING AIRCRAFT TYPE & MODEL

(e) The Insurer undertakes to notify the Director-General of the Civil Aviation Authority of Rwanda forthwith in writing when— (1) (a) the air carrier's coverage has been cancelled or is intended to be cancelled; (2) (b) the air carrier's coverage has been altered or is intended to be altered in a manner that results in the failure by the air carrier to comply with the requirements of Section 37.200 of the Civil Aviation (Licensing of Air Services) Regulations; or (3) (c) the air carrier's operations have been changed or are intended to be changed in a manner that results in the failure by the air carrier to comply with the requirements of Section 37.200 of the Civil Aviation (Licensing of Air Services) Regulations. (f) The insurer (circle (1) or (2))— (1) is registered and/or licensed in Rwanda to issue aircraft insurance policies; or (2) is licensed or approved by a foreign government to issue aircraft insurance policies.

DATE ON BEHALF OF INSURER

(Signature, name and title of authorized person or agent)

FILING DIRECTIONS: (1) An original of this certificate and any notification made pursuant to section 5 are to be filed with the Director-General, Rwanda Civil Aviation Authority, P.O. 1112, Kigali, Rwanda (2) An air carrier may file a certificate that contains one or more of the three conditions and the table set out in the attachment hereto.

ATTACHMENT NAME OF AIR CARRIER:

The Air Carrier has been insured against the risks described in section 2 under Policy no. , which is issued on one or more of the following conditions: (1) the aircraft are as described, and are insured for the amounts shown, in the table below; (2) the number of passengers carried does not exceed the number of passenger seats insured for each aircraft as shown in the table below; and (3) the aircraft will be used for the following purposes—

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Registration Type & No. of Amount of Amount of Amount of Amount of Marking Model Passenger Passenger Luggage Cargo Third Seats Insured Liability Liability Liability Party Liability

APPENDIX 1 TO 37.225: INFORMATION TO BE DISCLOSED FOR FRANCHISES: DISCLOSURE DOCUMENT (a) The franchisor/franchisee shall provide the following information in the disclosure document— (1) the legal name, legal form and legal address of the franchisor and the address of the principal place of business of the franchisor: (2) any name other than the legal name under which the franchisor carries on or intends to carry on business. (3) the address of the franchisor's principal place of business in Rwanda; (4) a description of the airline experience of the franchisor including the length of time during which the franchisor has offered franchises; (5) details of shareholding, directorship and senior management of franchisor/franchisee. (6) the names, business addresses, positions held, business experience and qualifications of any person who has senior management responsibilities for the franchisor's business operations in relation to the franchise; (7) relevant details relating to any criminal convictions or any finding of liability in a civil action involving franchises or other businesses relating to fraud, misrepresentation, or similar acts or practices of— (i) the franchisor; (ii) any affiliate of the franchisor who is engaged in franchising; and (iii) any of the persons indicated in sub-paragraph (a)(5) (8) relevant details concerning any bankruptcy, insolvency or comparable proceeding involving the franchisor for the previous five years; (9) the total number of franchises in the franchisor network. (10) the names and business addresses of all the franchisees. (11) information about the franchisees that have ceased to be franchisees of the franchisor during the five proceeding fiscal years, with an indication of the reasons for which the franchisees have ceased to be franchisees of the franchisor.

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(12) Disclosure of the following categories would fulfill the disclosure requirement: voluntarily terminated or not renewed; (13) reacquired by purchase by the franchisor; otherwise reacquired by the franchisor; refused renewal by the franchisor; terminated by the franchisor; (14) the following information regarding the franchisor's intellectual property relevant for the franchise, in particular trademarks, service arks, trademarks, logotypes and designator codes— (i) the registration and/or the application for registration, if any, and (ii) litigation or other legal proceedings, if any, which could have a material effect on the franchisee's legal right, exclusive or nonexclusive, to use the intellectual property under the franchise agreement in the State in which the franchised business is to be operated; (15) financial matters, including— (i) financing offered or arranged by the franchisor, if any; (ii) audited or otherwise independently verified financial Statements of the franchisor, including balance sheets and statements of profit and loss, for the previous three years. (iii) If the most recent audited financial statements are as of a date more than 180 days before the date of delivery of the disclosure document, then unaudited financial statements as of a date within 90 days of the date of delivery of the disclosure document; (iv) a description of the franchise to be operated by the franchises; (v) the term and conditions of renewal of the franchise; (vi) a description of the initial and on-going training programme (vii) the nature and extent of exclusive rights granted, if any, including rights relating to territory and/ or customers; (viii) the conditions under which the franchise agreement may be terminated by the franchisor and the effects of such termination; (ix) the conditions under which the franchise agreement may be terminated by the franchisee and the effects of such termination; (x) the limitations imposed on the franchisee, if any, in relation to territory and/or to customers; (xi) in-term and post-term non-compete covenants; (xii) any reservation by the franchisor of the right (16) to use, or to license the use of, the trademarks covered by the franchise agreement; (17) to sell or distribute the goods and/or services authorized for sale by the franchisee directly or indirectly through the same or any other channel of distribution, whether under the trademarks covered by the agreement or any other trademark; (i) restrictions or conditions imposed on the franchisee in relation to services that the franchisee may offer. (ii) certified copies of air services licence, air operators certificate issued to franchisee and franchisor. (iii) certified copies of the current conditions of carriage for passenger baggage and mail of the prospective franchisor and the prospective franchisee. (iv) certified copies of the current conditions of carriage for cargo of the prospective Franchisee and the prospective franchisee and the prospective franchisor. (v) description of the safety record of the Franchisor for the past ten years. (vi) details of the financing of aircraft purchase/leasing of franchisee. (vii) a draft of the proposed franchise agreement (excluding financial clauses). (b) Any other information, date, certification or document the Authority may request.

End of RCAR Part 37

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Bibonye kugira ngo bishyirwe ku mugereka Seen to be annexed to Ministerial Vu pour être annexé à l’Arrêté w’Iteka rya Minisitiri no04/CAB.M/018 ryo ku wa Order no04/CAB.M/018 of 24/07/2018 Ministériel no04/CAB.M/018 du 24/07/2018 rishyiraho amabwiriza ajyanye establishing civil aviation regulations 24/07/2018 établissant les règlements de n’iby’indege za gisivili l'aviation civile

Kigali, ku wa 24/07/2018 Kigali, on 24/07/2018 Kigali, le 24/07/2018

(sé) (sé) (sé) GATETE Claver GATETE Claver GATETE Claver Minisitiri w’Ibikorwa Remezo Minister of Infrastructure Ministre des Infrastructures

Bibonywe kandi bishyizweho Ikirango cya Seen and sealed with the Seal of the Vu et scellé du Sceau de la République: Repubulika: Republic:

(sé) (sé) (sé) BUSINGYE Johnston BUSINGYE Johnston BUSINGYE Johnston Minisitiri w’Ubutabera/ Intumwa Nkuru ya Leta Minister of Justice/ Attorney General Ministre de la Justice/ Garde des Sceaux

1228 Official Gazette no.Special of 27/07/2018

UMUGEREKA WA 38 W’ITEKA RYA ANNEX 38 TO MINISTERIAL ORDER ANNEXE 38 D’ARRETE MINISTERIEL MINISITIRI No04/CAB.M/018 RYO KU WA No04/CAB.M/018 OF 24/07/2018 No04/CAB.M/018 DU 24/07/2018 24/07/2018 RISHYIRAHO AMABWIRIZA ESTABLISHING CIVIL AVIATION ETABLISSANT LES REGLEMENTS DE AJYANYE N’IBY’INDEGE ZA GISIVILI REGULATIONS L'AVIATION CIVILE

1229 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 38

Part 38 Units of Measurement 

SUBPART A: GENERAL ...... 3 38.001 CITATION & APPLICABILITY ...... 3 38.005 DEFINITIONS & ABBREVIATIONS ...... 3 38.010 [RESERVED] ...... 4 38.015 [RESERVED] ...... 4

SUBPART B: STANDARD APPLICATION OF UNITS OF MEASUREMENT ...... 4 38.020 SI UNITS ...... 4 38.025 NON-SI UNITS FOR PERMANENT USE WITH THE SI ...... 4 38.030 NON-SI ALTERNATIVE UNITS PERMITTED FOR TEMPORARY USE WITH THE SI ...... 4 38.035 APPLICATION OF SPECIFIC UNITS ...... 5 38.040 DESIGN, PROCEDURES & TRAINING ...... 5 38.045 USE OF ALTERNATIVE NON-SI UNITS ...... 5

SUBPART C: ADMINISTRATIVE FINES ...... 5 38.050 ADMINISTRATIVE FINES ...... 5

APPENDICES ...... 6 APPENDIX 1 TO 38.020: SI UNIT PREFIXES ...... 6 APPENDIX 1 TO 38.025: NON-SI UNITS FOR PERMANENT USE WITH THE SI ...... 6 APPENDIX 1 TO 38.030: NON-SI UNITS FOR TEMPORARY USE WITH THE SI ...... 7 APPENDIX 1 TO 38.035: STANDARD APPLICATION OF SPECIFIC UNITS OF MEASUREMENT ...... 7 APPENDIX 1 TO 38.035: STANDARD UNITS (MASS-RELATED, FORCE-RELATED, MECHANICS) ...... 8 APPENDIX 1 TO 38.035: STANDARD UNITS (FLOW & THERMODYNAMICS) ...... 9 APPENDIX 1 TO 38.035: STANDARD UNITS (ELECTRICITY, LIGHT, ACOUSTICS) ...... 10 APPENDIX 1 TO 38.035: STANDARD USTNITS (NUCLEAR PHYSICS) ...... 11 APPENDIX 1 TO 38.040: TERMINATION DATES FOR NON-SI ALTERNATIVE UNITS ...... 11 APPENDIX 1 TO 38.050: ADMINISTRATIVE FINE ...... 11

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SUBPART A: GENERAL

38.001 CITATION & APPLICABILITY (a) These Regulations may be cited as the Civil Aviation (Units of Measurement to be used in Air and Ground Operations), Regulations. (b) These Regulations shall be applicable to all aspects of civil aviation air and ground operations and shall be used by the persons and organizations that engage in or provide services for civil aviation.. (c) The Civil Aviation Technical Standards (Units of Measurement) published by the Authority are applicable to the provision of civil aviation air and ground operations in Rwanda.

38.005 DEFINITIONS & ABBREVIATIONS (a) When the following terms are used in this Part, they have the followingmeanings— Ampere (A). That constant electric current which, if maintained in two straight parallel conductors of infinite length, of negligible circular cross-section, and placed 1 metre apart in a vacuum, would produce between these conductors a force equal to 2 × 10–7 newton per metre of length; Becquerel (Bq). The activity of a radionuclide having one spontaneous nuclear transition per second; Candela (cd). The luminous intensity, in the perpendicular direction, of a surface of 1/600 000 square metre of black body at the temperature of freezing platinum under a pressure of 101 325 newtons per square metre; Celsius temperature (t°C). The Celsius temperature is equal to the difference t°C = T-T0 between two thermodynamic temperatures T and T0 where T0 equals 273.15 Kelvin; Coulomb (C). The quantity of electricity transported in 1 second by a current of 1 ampere; Degree Celsius (°C). The special name for the unit Kelvin for use in stating values of Celsius temperature; Farad (F). The capacitance of a capacitor between the plates of which there appears a difference of potential of 1 volt when it is charged by a quantity of electricity equal to 1 coulomb; Foot (ft). The length equal to 0.3048 metre exactly; Gray (Gy). The energy imparted by ionizing radiation to a mass of matter corresponding to 1 joule per kilogram; Henry (H). The inductance of a closed circuit in which an electromotive force of 1 volt is produced when the electric current in the circuit varies uniformly at a rate of 1 ampere per second; Hertz (Hz). The frequency of a periodic phenomenon of which the period is 1 second; Human performance. Human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations; Joule (J). The work done when the point of application of a force of 1 Newton is displaced a distance of 1 metre in the direction of the force; Kelvin (K). A unit of thermodynamic temperature which is the fraction 1/273.16 of the thermodynamic temperature of the triple point of water; Kilogram (kg). The unit of mass equal to the mass of the international prototype of the kilogram; Knot (kt).The speed equal to 1 nautical mile per hour; International System of Units (SI). A complete, coherent system which includes three classes of units base units, supplementary units; and derived units; Litre (L). A unit of volume restricted to the measurement of liquids and gases which is equal to 1 cubic decimeter; Lumen (lm). The luminous flux emitted in a solid angle of 1 steradian by a point source having a uniform intensity of 1 candela;

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Lux (lx). The illuminance produced by a luminous flux of 1 lumen uniformly distributed over a surface of 1 square metre; Metre (m). The distance travelled by light in a vacuum during 1/299 792 458 of a second; Mole (mol). The amount of substance of a system which contains as many elementary entities as there are atoms in 0.012 kilogram of carbon-12; Nautical mile (NM). The length equal to 1,852 metres exactly; Newton (N). The force which when applied to a body having a mass of 1 kilogram gives it an acceleration of 1 metre per second squared; Ohm (Ω). The electric resistance between two points of a conductor when a constant difference of potential of 1 volt, applied between these two points, produces in this conductor a current of 1 ampere, this conductor not being the source of any electromotive force; Pascal (Pa). The pressure or stress of 1 newton per square metre; Radian (rad). The plane angle between two radii of a circle which cut off on the circumference an arc equal in length to the radius; Second (s). The duration of 9 192 631 770 periods of the radiation corresponding to the transition between the two hyperfine levels of the ground state of the caesium-133 atom; Siemens (S). The electric conductance of a conductor in which a current of 1 ampere is produced by an electric potential difference of 1 volt; Sievert (Sv). The unit of radiation dose equivalent corresponding to 1 joule per kilogram; Steradian (sr). The solid angle which, having its vertex in the centre of a sphere, cuts off an area of the surface of the sphere equal to that of a square with sides of length equal to the radius of the sphere; Tesla (T). The magnetic flux density given by a magnetic flux of 1 weber per square metre; Tonne (t). The mass equal to 1 000 kilograms; Volt (V). The unit of electric potential difference and electromotive force which is the difference of electric potential between two points of a conductor carrying a constant current of 1 ampere, when the power dissipated between these points is equal to 1 watt; Watt (W). The power which gives rise to the production of energy at the rate of 1 joule per second; Weber (Wb). The magnetic flux which, linking a circuit of one turn, produces in it an electromotive force of 1 volt as it is reduced to zero at a uniform rate in 1 second.

38.010 [RESERVED]

38.015 [RESERVED] SUBPART B: STANDARD APPLICATION OF UNITS OF MEASUREMENT

38.020 SI UNITS (a) The International System of Units developed and maintained by the General Conference of Weights and Measures (CGPM) shall, subject to Section 38.025 and Section 38.035 be used as the standard system of units of measurement for all aspects of civil aviation air and ground operations. (b) The prefixes and symbols listed in Appendix 1 to 38.020 shall be used to form names and symbols of the decimal multiples and sub-multiples of SI units.

38.025 NON-SI UNITS FOR PERMANENT USE WITH THE SI (a) The non-SI units listed in Appendix 1 to 38.025 shall be used either in lieu of, or in addition to, SI units as primary units of measurement but only as specified in Appendix 1 to 38.035 of these regulations.

38.030 NON-SI ALTERNATIVE UNITS PERMITTED FOR TEMPORARY USE WITH THE SI (a) The non-SI units listed in Appendix 1 of 38.030 shall be permitted for temporary use as alternative units of measurement but only for those specific quantities listed in Appendix 1 to 38.035.

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38.035 APPLICATION OF SPECIFIC UNITS (a) The application of units of measurement for certain quantities used in civil aviation air and ground operations shall be in accordance with Appendix 1 to 38.035 of these regulations.

38.040 DESIGN, PROCEDURES & TRAINING (a) The means and provisions for design, procedures and training shall be established for operations in environments involving the use of standard and non-SI alternatives of specific units of measurement, or the transition between environments using different units, with due consideration to human performance.

38.045 USE OF ALTERNATIVE NON-SI UNITS (a) The use in international civil aviation operations of the alternative non-SI units listed in Appendix 1 to 38.035 shall be terminated on the dates listed in Appendix 1 to 38.040. SUBPART C: ADMINISTRATIVE FINES

38.050 ADMINISTRATIVE FINES

(a) Any who contravenes any provision of these Regulations shall be guilty of an offence and shall on conviction be liable for each offence and/or each flight to a fine not exceeding the amount specified in Appendix 1 to 38.050

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APPENDICES

APPENDIX 1 TO 38.020: SI UNIT PREFIXES

APPENDIX 1 TO 38.025: NON-SI UNITS FOR PERMANENT USE WITH THE SI

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APPENDIX 1 TO 38.030: NON-SI UNITS FOR TEMPORARY USE WITH THE SI

APPENDIX 1 TO 38.035: STANDARD APPLICATION OF SPECIFIC UNITS OF MEASUREMENT

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APPENDIX 1 TO 38.035: STANDARD UNITS (MASS-RELATED, FORCE-RELATED, MECHANICS)

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APPENDIX 1 TO 38.035: STANDARD UNITS (FLOW & THERMODYNAMICS)

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APPENDIX 1 TO 38.035: STANDARD UNITS (ELECTRICITY, LIGHT, ACOUSTICS)

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APPENDIX 1 TO 38.035: STANDARD USTNITS (NUCLEAR PHYSICS)

APPENDIX 1 TO 38.040: TERMINATION DATES FOR NON-SI ALTERNATIVE UNITS

APPENDIX 1 TO 38.050: ADMINISTRATIVE FINE

COLUMN1 COLUMN2 FINES (RWANDAN FRANCS) SECTION PARTICULARS INDIVIDUAL CORPORATE 28.020 SI Units 1,000,000 5,000,000

End of RCAR Part 38

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Bibonye kugira ngo bishyirwe ku mugereka Seen to be annexed to Ministerial Vu pour être annexé à l’Arrêté w’Iteka rya Minisitiri no04/CAB.M/018 ryo ku wa Order no04/CAB.M/018 of 24/07/2018 Ministériel no04/CAB.M/018 du 24/07/2018 rishyiraho amabwiriza ajyanye establishing civil aviation regulations 24/07/2018 établissant les règlements de n’iby’indege za gisivili l'aviation civile

Kigali, ku wa 24/07/2018 Kigali, on 24/07/2018 Kigali, le 24/07/2018

(sé) (sé) (sé) GATETE Claver GATETE Claver GATETE Claver Minisitiri w’Ibikorwa Remezo Minister of Infrastructure Ministre des Infrastructures

Bibonywe kandi bishyizweho Ikirango cya Seen and sealed with the Seal of the Vu et scellé du Sceau de la République: Repubulika: Republic:

(sé) (sé) (sé) BUSINGYE Johnston BUSINGYE Johnston BUSINGYE Johnston Minisitiri w’Ubutabera/ Intumwa Nkuru ya Leta Minister of Justice/ Attorney General Ministre de la Justice/ Garde des Sceaux

1242 Official Gazette no.Special of 27/07/2018

UMUGEREKA WA 39 W’ITEKA RYA ANNEX 39 TO MINISTERIAL ORDER ANNEXE 39 D’ARRETE MINISTERIEL MINISITIRI No04/CAB.M/018 RYO KU WA No04/CAB.M/018 OF 24/07/2018 No04/CAB.M/018 DU 24/07/2018 24/07/2018 RISHYIRAHO AMABWIRIZA ESTABLISHING CIVIL AVIATION ETABLISSANT LES REGLEMENTS DE AJYANYE N’IBY’INDEGE ZA GISIVILI REGULATIONS L'AVIATION CIVILE

1243 Official Gazette no.Special of 27/07/2018 Civil Aviation Regulations Part 39

Part 39 Unmanned Free Balloons

Subpart A: General ...... 3 39.001 Citation & Applicability ...... 3 39.005 Definitions ...... 3 39.010 Acronyms & Abbreviations ...... 3

Subpart B: Unmanned Free Balloons ...... 3 39.015 Applicability ...... 3 39.020 Classification of Unmanned Free Balloons ...... 3 39.025 Appropriate Authorisation for Flight ...... 3 39.030 International Operations ...... 4 39.035 Operations over the High Seas ...... 4 39.040 Compliance with Specified Conditions & Limitations ...... 4 39.045 Hazard to Persons or Property ...... 4 39.050 Operating Limitations ...... 4 39.055 Flight Termination Devices & Radar Tracking ...... 4 39.060 Radio Equipment ...... 5 39.065 Trailing Antenna Pennants ...... 5 39.070 Balloon Lighting ...... 5 39.075 Suspension Device ...... 5 39.080 Activation of Termination Devices ...... 5 39.085 Early Pre-Flight Notification ...... 5 39.090 Pre-Launch Changes ...... 6 39.095 Notification of Launch ...... 6 39.100 Notification of Cancellation ...... 6 39.105 Position Recording & Reporting ...... 6 39.110 Reporting the Planned Descent ...... 7 39.115 Notification of Ending of Operation ...... 7

Appendices ...... 8 Appendix 1 to 39.020: Classification of Balloons ...... 8

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SUBPART A: GENERAL

39.001 CITATION & APPLICABILITY (a) These regulations may be cited as Civil Aviation (Unmanned Free Balloons) Regulations. (b) This Part prescribes the requirements of the Republic of Rwanda for the operations of unmanned free balloons. (c) This Part is applicable to all persons and organizations conducting operations of unmanned free balloons.

39.005 DEFINITIONS (a) Definitions relating to this Part are found in Appendix 1 to 1.015.

39.010 ACRONYMS & ABBREVIATIONS (a) Acronyms and abbreviations used in this Part are identified in Appendix 1 to 1.020.

SUBPART B: UNMANNED FREE BALLOONS

39.015 APPLICABILITY (a) This Subpart is applicable to the operations of unmanned free balloons in the national and international airspace.

39.020 CLASSIFICATION OF UNMANNED FREE BALLOONS (a) Unmanned free balloons shall be classified as— (1) Light: an unmanned free balloon which carries a payload of one or more packages with a combined mass of less than 4 kg, unless qualifying as a heavy balloon in accordance with (3)(ii)(iii) or (iv) below; or (2) Medium: an unmanned free balloon which carries a payload of two or more packages with a combined mass of 4 kg or more, but less than 6 kg, unless qualifying as a heavy balloon in accordance with (a)(3) below; or (3) Heavy: an unmanned free balloon which carries a payload which— (i) Has a combined mass of 6 kg or more; or (ii) Includes a package of 3 kg or more; or (iii) Includes a package of 2 kg or more with an area density of more than 13 g per square centimetre; or (iv) Uses a rope or other device for suspension of the payload that requires an impact force of 230 N or more to separate the suspended payload from the balloon. (b) The area density referred to in paragraph (a)(3)(iii) is determined by dividing the total mass in grams of the payload package by the area in square centimetres of its smallest surface. Note: Refer to Appendix 1 of 39.020 for a graphic description of the classifications of unmanned free balloons.

39.025 APPROPRIATE AUTHORISATION FOR FLIGHT (a) No person may operate an unmanned free balloon without appropriate authorisation from the authority of the State from which the launch is made.

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39.030 INTERNATIONAL OPERATIONS (a) No person may operate an unmanned free balloon, other than a light balloon used exclusively for meteorological purposes and operated in the manner prescribed by the Authority, across the territory of another State without appropriate authorisation from the other State concerned. (1) The authorisation referred to in (b) shall be obtained prior to the launching of the balloon if there is reasonable expectation, when planning the operation, that the balloon may drift into airspace over the territory of another State. (2) Such authorisation may be obtained for a series of balloon flights or for a particular type of recurring flight, e.g. atmospheric research balloon flights.

39.035 OPERATIONS OVER THE HIGH SEAS (a) No person may operate a heavy unmanned free balloon over the high seas without prior coordination with the appropriate ATS authority.

39.040 COMPLIANCE WITH SPECIFIED CONDITIONS & LIMITATIONS (a) No person may operate an unmanned free balloon unless in accordance with conditions specified by the Authority and the State(s) expected to be overflown.

39.045 HAZARD TO PERSONS OR PROPERTY (a) No person may operate an unmanned free balloon in such a manner that impact of the balloon, or any part thereof, including its payload, with the surface of the earth, creates a hazard to persons or property not associated with the operation.

39.050 OPERATING LIMITATIONS (a) No person may operate a heavy unmanned free balloons without authorisation from the appropriate ATS authority at or through any level below 18 000 m (60 000 ft) pressure-altitude at which— (1) There are clouds or obscuring phenomena of more than four oktas coverage; or (2) The horizontal visibility is less than 8 km. (b) No person may release a heavy or medium unmanned free balloon in a manner that will cause it to fly lower than 300 m (1 000 ft) over the congested areas of cities, towns or settlements or an open-air assembly of persons not associated with the operation.

39.055 FLIGHT TERMINATION DEVICES & RADAR TRACKING (a) No person may operate a heavy unmanned free balloon unless— (1) It is equipped with at least two payload flight-termination devices or systems, whether automatic or operated by telecommand, that operate independently of each other; (2) Tor polyethylene zero-pressure balloons, at least two methods, systems, devices, or combinations thereof, that function independently of each other are employed for terminating the flight of the balloon envelope; Note: Superpressure balloons do not require these devices as they quickly rise after payload discharge and burst without the need for a device or system designed to puncture the balloon envelope. In this context a superpressure balloon is a simple non-extensible envelope capable of withstanding a differential of pressure, higher inside than out. It is inflated so that the smaller night- time pressure of the gas still fully extends the envelope. Such a superpressure balloon will keep essentially constant level until too much gas diffuses out of it. (3) The balloon envelope is equipped with either a radar reflective device(s) or radar reflective material that will present an echo to surface radar operating in the 200 MHz to 2 700 MHz frequency range, and/or the balloon is equipped with such other devices as will permit continuous tracking by the operator beyond the range of ground-based radar.

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39.060 RADIO EQUIPMENT (a) No person may operate a heavy unmanned free balloon under the following conditions— (1) In an area where ground-based SSR equipment is in use, unless it is equipped with a secondary surveillance radar transponder, with pressure-altitude reporting capability, which is continuously operating on an assigned code, or which can be turned on when necessary by the tracking station; or (2) In an area where ground-based ADS-B equipment is in use, unless it is equipped with an ADS-B transmitter, with pressure-altitude reporting capability, which is continuously operating or which can be turned on when necessary by the tracking station.

39.065 TRAILING ANTENNA PENNANTS (a) No person may operate an unmanned free balloon that is equipped with a trailing antenna that requires a force of more than 230 N to break it at any point unless the antenna has coloured pennants or streamers that are attached at not more than 15 m intervals.

39.070 BALLOON LIGHTING (a) No person may operate a heavy unmanned free balloon below 18 000 m (60 000 ft) pressure-altitude between sunset and sunrise or such other period between sunset and sunrise (corrected to the altitude of operation) as may be prescribed by the appropriate ATS authority, unless the balloon and its attachments and payload, whether or not they become separated during the operation, are lighted.

39.075 SUSPENSION DEVICE (a) No person may operate a heavy unmanned free balloon that is equipped with a suspension device (other than a highly conspicuously coloured open parachute) more than 15 m long between sunrise and sunset below 18 000 m (60 000 ft) pressure-altitude unless the suspension device is coloured in alternate bands of high conspicuity colours or has coloured pennants attached.

39.080 ACTIVATION OF TERMINATION DEVICES (a) The operator of a heavy unmanned free balloon shall activate the appropriate termination devices required by Section 27.260— (1) When it becomes known that weather conditions are less than those prescribed for the operation; (2) If a malfunction or any other reason makes further operation hazardous to air traffic or to persons or property on the surface; or (3) Prior to unauthorised entry into the airspace over another State’s territory.

39.085 EARLY PRE-FLIGHT NOTIFICATION (a) The operator shall make early notification of the intended flight of an unmanned free balloon in the medium or heavy category to the appropriate air traffic services unit not less than seven days before the date of the intended flight. (b) The operator shall provide notification of the intended flight, including such of the following information as may be required by the appropriate air traffic services unit— (1) Balloon flight identification or project code name; (2) Balloon classification and description; (3) SSR code, aircraft address or NDB frequency, as applicable; (4) Operator’s name and telephone number; (5) Launch site; (6) Estimated time of launch (or time of commencement and completion of multiple launches); (7) Number of balloons to be launched and the scheduled interval between launches (if multiple launches);

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(8) Expected direction of ascent; (9) Cruising level(s) (pressure-altitude); (10) The estimated elapsed time to pass 18 000 m (60 000 ft) pressure-altitude or to reach cruising level if at or below 18 000 m (60 000 ft), together with the estimated location; (11) The estimated date and time of termination of the flight and the planned location of the impact/ recovery area. In the case of balloons carrying out flights of long duration, as a result of which the date and time of termination of the flight and the location of impact cannot be forecast with accuracy, the term “long duration” shall be used. (c) If the operation consists of continuous launchings, the time to be included is the estimated time specified in paragraph (b)(10) at which the first and the last in the series will reach the appropriate level (e.g. 122136Z– 130330Z). (d) If there is to be more than one location of impact/recovery, each location specified in paragraph (b)(11) is to be listed together with the appropriate estimated time of impact. If there is to be a series of continuous impacts, the time to be included is the estimated time of the first and the last in the series (e.g. 070330Z– 072300Z).

39.090 PRE-LAUNCH CHANGES (a) The operator shall forward any changes in the pre-launch information notified in accordance with Section 39.095(a) to the air traffic services unit concerned— (1) Not less than 6 hours before the estimated time of launch; or (2) In the case of solar or cosmic disturbance investigations involving a critical time element, not less than 30 minutes before the estimated time of the commencement of the operation.

39.095 NOTIFICATION OF LAUNCH (a) Immediately after a medium or heavy unmanned free balloon is launched the operator shall notify the appropriate air traffic services unit of the following— (1) Balloon flight identification; (2) Launch site; (3) Actual time of launch; (4) Estimated time at which 18 000 m (60 000 ft) pressure-altitude will be passed, or the estimated time at which the cruising level will be reached if at or below 18 000 m (60 000 ft.), and the estimated location; and (5) Any changes to the information previously notified in accordance with 39.090(a).

39.100 NOTIFICATION OF CANCELLATION (a) The operator shall notify the appropriate air traffic services unit immediately when it is known that the intended flight of a medium or heavy unmanned free balloon, previously notified in accordance with 39.090(a) has been cancelled.

39.105 POSITION RECORDING & REPORTING (a) The operator of a heavy unmanned free balloon operating at or below 18 000 m (60 000 ft) pressure- altitude shall— (1) Monitor the flight path of the balloon; and (2) Record the position and forward reports of the balloon’s position every 2 hours; or (3) At more frequent intervals if required by air traffic services (b) The operator of a heavy unmanned free balloon operating above 18 000 m (60 000 ft) pressure-altitude shall— (1) Monitor the flight progress of the balloon; and

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(2) Record the position and forward reports of the balloon’s position every 24 hours; or (3) At more frequent intervals if required by air traffic services. (c) If a position cannot be recorded in accordance with (a) and (b), the operator shall immediately notify the appropriate air traffic services unit. (1) This notification shall include the last recorded position. (2) The appropriate air traffic services unit shall be notified immediately when tracking of the balloon is re- established.

39.110 REPORTING THE PLANNED DESCENT (a) One hour before the beginning of planned descent of a heavy unmanned free balloon, the operator shall forward to the appropriate ATS unit the following information regarding the balloon— (1) the current geographical position; (2) the current level (pressure-altitude); (3) the forecast time of penetration of 18 000 m (60 000 ft) pressure-altitude, if applicable; (4) the forecast time and location of ground impact.

39.115 NOTIFICATION OF ENDING OF OPERATION (a) The operator of a heavy or medium unmanned free balloon shall notify the appropriate air traffic services unit when the operation is ended.

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APPENDICES

APPENDIX 1 TO 39.020: CLASSIFICATION OF BALLOONS

End of RCAR Part 39

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Bibonye kugira ngo bishyirwe ku mugereka Seen to be annexed to Ministerial Vu pour être annexé à l’Arrêté w’Iteka rya Minisitiri no04/CAB.M/018 ryo ku wa Order no04/CAB.M/018 of 24/07/2018 Ministériel no04/CAB.M/018 du 24/07/2018 rishyiraho amabwiriza ajyanye establishing civil aviation regulations 24/07/2018 établissant les règlements de n’iby’indege za gisivili l'aviation civile

Kigali, ku wa 24/07/2018 Kigali, on 24/07/2018 Kigali, le 24/07/2018

(sé) (sé) (sé) GATETE Claver GATETE Claver GATETE Claver Minisitiri w’Ibikorwa Remezo Minister of Infrastructure Ministre des Infrastructures

Bibonywe kandi bishyizweho Ikirango cya Seen and sealed with the Seal of the Vu et scellé du Sceau de la République: Repubulika: Republic:

(sé) (sé) (sé) BUSINGYE Johnston BUSINGYE Johnston BUSINGYE Johnston Minisitiri w’Ubutabera/ Intumwa Nkuru ya Leta Minister of Justice/ Attorney General Ministre de la Justice/ Garde des Sceaux

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UMUGEREKA WA 40 W’ITEKA RYA ANNEX 40 TO MINISTERIAL ORDER ANNEXE 40 D’ARRETE MINISTERIEL MINISITIRI No04/CAB.M/018 RYO KU WA No04/CAB.M/018 OF 24/07/2018 No04/CAB.M/018 DU 24/07/2018 24/07/2018 RISHYIRAHO AMABWIRIZA ESTABLISHING CIVIL AVIATION ETABLISSANT LES REGLEMENTS DE AJYANYE N’IBY’INDEGE ZA GISIVILI REGULATIONS L'AVIATION CIVILE

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PART 40 RULES OF THE AIR

SUBPART A: PRELIMINARY ...... 5 40.001 CITATION AND DEFNITIONS ...... 5 SUBPART B: GENERAL RULES ...... 16 40.005 COMPLIANCE WITH THE RULES OF THE AIR AND AIR TRAFFIC CONTROL ...... 16 40.010 NEGLIGENT OR RECKLESS OPERATION OF AIRCRAFT ...... 17 40.015 LOW FLYING ...... 17 40.020 FORMATION FLIGHTS ...... 19 40.025 UNMANNED FREE BALLOONS ...... 19 40.030 REMOTELY PILOTED AIRCRAFT ...... 19 40.035 ACROBATIC FLIGHT ...... 19 40.040 RIGHT-HAND TRAFFIC RULE ...... 19 40.045 PROHIBITED AND RESTRICTED AREAS ...... 19 40.050 FLIGHTS OVER GAME PARKS, GAME RESERVES AND NATIONAL PARKS ...... 19 40.055 CRUISING LEVELS ...... 19 40.060 DROPPING, SPRAYING, TOWING AND PARACHUTE DESCENTS ...... 21 40.065 PROXIMITY TO OTHER AIRCRAFT ...... 21 40.070 RIGHT-OF-WAY RULES: AIR OPERATIONS ...... 21 40.075 RIGHT OF WAY RULES: GROUND OPERATIONS ...... 22 40.080 RIGHT-OF WAY RULES: WATER OPERATIONS ...... 23 40.085 LIGHTS TO BE DISPLAYED BY AIRCRAFT ...... 23 40.090 FAILURE OF LIGHTS BY NIGHT ...... 23 40.095 CONDITIONS FOR LIGHTS TO BE DISPLAYED BY AN AIRCRAFT ...... 23 40.100 BALLOONS, KITES, AIRSHIPS, GLIDERS AND PARASCENDING PARACHUTES...... 25 40.105 CAPTIVE BALLOONS AND KITES ...... 25 40.110 AIRSHIPS ...... 27 40.115 ANTI-COLLISION LIGHT ...... 28 40.120 SIMULATED INSTRUMENT FLIGHT CONDITIONS ...... 28 40.125 PRACTICE INSRUMECT APPROACHES ...... 28

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40.130 AERODROMES NOT HAVING AIR TRAFFIC CONTROL UNITS ...... 29 40.135 AERODROMES HAVING AIR TRAFFIC CONTROL UNITS ...... 29 40.140 OPERATIONS ON OR IN THE VICINITY OF A CONTROLLED AERODROME...... 30 40.145 ACCESS TO AND MOVEMENT IN THE MANOEUVRING AREA ...... 30 40.150 PRE-FLIGHT ACTION ...... 31 40.155 FLIGHT PLAN ...... 31 40.160 SUBMISSION OF A FLIGHT PLAN ...... 31 40.165 CONTENTS OF PLAN ...... 32 40.170 CHANGES TO A FLIGHT PLAN ...... 33 40.175 CHOOSING AFLIGHT PLAN ...... 33 40.180 UNIVERSAL AVIATION SIGNAL ...... 34 40.185 DISTRESS SIGNALS ...... 34 40.190 URGENCY SIGNALS ...... 34 40.195 AIRCRAFT INTERCEPTION AND INTERCEPTION SIGNALS ...... 35 40.200 VISUAL SIGNALS TO WARN AN UNAUTHORIZED AIRCRAFT ENTERING NOTIFIED AIRSPACES. .. 36 40.205 SIGNALS FOR AERODROME TRAFFIC...... 36 40.210 MARSHALLING SIGNALS: SIGNALMAN TO A PILOT ...... 39 40.215 MARSHALLING SIGNALS: PILOT TO SIGNALMAN ...... 47 40.220 TIME ...... 47 40.225 AIR TRAFFIC CONTROL CLEARANCE ...... 48 40.230 POTENTIAL RECLEARANCE IN FLIGHT ...... 48 40.235 ADHERENCE TO CURRENT FLIGHT PLAN ...... 48 40.240 ROUTE TO BE FLOWN...... 49 40.245 DEVIATIONS FROM THE CURRENT FLIGHT PLAN ...... 50 40.250 REQUESTS FOR CURRENT FLIGHT PLAN CHANGES ...... 50 40.255 POSITION REPORTS...... 51 40.260 AIR TRAFFIC CONTROL CLEARANCES FOR VFR FLIGHTS ...... 51 40.265 VFR FLIGHT WITHIN DESIGNATED AREAS ...... 51 40.270 WEATHER DETERIORATION BELOW VMC ...... 52 40.275 OPERATION UNDER IFR IN CONTROLLED AIRSPACE MALFUNCTION REPORTS ...... 52 40.280 COMMUNICATIONS ...... 52 40.285 COMMUNICATION FAILURE: AIR-TO-GROUND ...... 53 40.290 COMMUNICATION FAILURE: GROUND-TO-AIR ...... 54

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40.295 UNLAWFUL INTERFERANCE...... 54 40.300 INTERCEPTION OF CIVIL AIRCRAFT...... 55 40.305 REPORTING OF HAZARDOUS CONDITIONS ...... 56 40.310 ALTIMETER SETTINGS ...... 56 40.315 CLASSIFICATION OF AIRSPACE ...... 56 40.320 AUTHORITY OF THE PILOT-IN-COMMAND OF AN AIRCRAFT ...... 56 40.325 WEATHER LIMITATIONS FOR VFR FLIGHTS ...... 56 40.330 FLIGHT IN CLASS A AIRSPACE ...... 56 40.335 CO-ORDINATION OF ACTIVITIES POTENTIALLY HAZARDOUS TO AIRCRAFT ...... 56 SUBPART C: VISUAL FLIGHT RULES ...... 57 40.340 VISUAL ...... 57 40.345 VFR WITHIN A CONTROL ZONE ...... 57 40.350 MINIMUM SAFE VFR ALTITUDES AND FLIGHT ABOVE 900 M ...... 57 40.355 CHOICE OF VFR OR IFR ...... 58 40.360 VFR OUTSIDE AND WITHIN CONTROLLED AIRSPACE ...... 58 40.365 CHANGING FROM VFR TO IFR ...... 58 SUBPART D: INSTRUMENT FLIGHT RULES ...... 59 40.370 AIRCRAFT EQUIPMENT ...... 59 40.375 IFR FLIGHTS IN CONTROLLED AIRSPACE...... 59 40.380 IFR FLIGHTS OUTSIDE CONTROLLED AIRSPACE ...... 59 40.385 MINIMUM FLIGHT ALTITUDES FOR IFR OPERATIONS ...... 59 40.390 CHANGE FROM IFR FLIGHT TO VFR FLIGHT ...... 60 SUBPART E: ADMINISTRATIVE SANCTIONS ...... 60 40.395 ADMINISTRATIVE FINES ...... 60 APPENDICES ...... 61 APPENDIX 1 TO 40.030 REMOTELY PILOTED AIRCRAFT SYSTEMS ...... 61 APPENDIX 1 TO 40.025 UNMANNED FREE BALLOONS ...... 63 APPENDIX 1 TO 40.085 LIGHTS TO BE DISPLAYED BY AEROPLANES ...... 67 APPENDIX 1 TO 40.395 ADMINISTRATIVE FINES ...... 73 APPENDIX 1 TO 40.055 TABLE OF CRUISING LEVELS -NON RVSM AIRSPACE ...... 75 APPENDIX 1 TO 40.195 ...... 76 APPENDIX 1 TO 40.205 LIGHT AND PYROTECHNIC SIGNALS FROM AERODROME CONTROL ...... 79 APPENDIX 1 TO 40.215 MARSHALLING SIGNALS PILOT TO GROUND SIGNALMAN ...... 79

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APPENDIX 1 TO 40.030 PHRASES AND PRONUNCIATIONS USED DURING INTERCEPTION ...... 80 APPENDIX 1 TO 40.315 CLASSIFICATION OF ATS AIRSPACES ...... 81 APPENDIX 1 TO 40.340 VMC VISIBILITY AND DISTANCE FROM CLOUD MINIMA ...... 82 APPENDIX 1 TO 40.375 TABLES OF CRUISING LEVELS –RVSM AIRSPACE ...... 84

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SUBPART A: PRELIMINARY

40.001 CITATION AND DEFNITIONS These Regulations may be cited as the Civil Aviation (Rules of the Air and Air Traffic Control) Regulations. When the following terms are used in these regulations, 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.

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.

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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:

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.

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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 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.

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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 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.

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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.

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.

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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.

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:

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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 data would be contained in the reports.

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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 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.

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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.

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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. 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 radio-communication primarily intended for the exchange of information in the form of speech.

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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. 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.

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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 visibility, distance from cloud, and ceiling, equal to or better than specified minima. VMC. The symbol used to designate visual meteorological conditions.

SUBPART B: GENERAL RULES

40.005 COMPLIANCE WITH THE RULES OF THE AIR AND AIR TRAFFIC CONTROL (a) Every person and every aircraft including State Aircraft shall comply with these Regulations. (b) 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

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(c) Subject to the provisions of sub-regulation (d), it shall be an offence to contravene, to permit the contravention of, or to fail to comply with, these Regulations. (d) 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: (1) to avoid immediate danger or in an emergency situation; (2)to comply with the law of any State other than Rwanda within which the aircraft then is; (e) 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. (f) 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. (g) 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. 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)

40.010 NEGLIGENT OR RECKLESS OPERATION OF AIRCRAFT A person shall not operate an aircraft willfully, negligently or recklessly in a manner so as to endanger life or property of others.

40.015 LOW FLYING (a) Subject to the sub-regulations (b) and (c); (1) 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 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;

(2) 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; (3) 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; (4) an aircraft shall not fly:

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(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 ; (5) an aircraft shall not fly less than 150 m (500 ft) above ground or water. (b) (1) The provisions of sub-regulations (a)(4) and (5) shall not apply to an aircraft which is being used for police purposes; (2) the provisions of sub-regulation (a) (5) 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; (3) the provisions of sub-regulations (a)(4) and (5) 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; (4) the provisions of sub-regulation (a)(1) 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.

(c) Nothing in this regulation shall prohibit any aircraft from: (1) taking off, landing or practising approaches to landing; or (2) 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 (3) 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 confined to the airspace customarily used by aircraft when landing or taking off in accordance with normal aviation practice at the aerodrome concerned.

(d) The provisions of this regulation shall not apply to any captive balloon or kite.

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40.020 FORMATION FLIGHTS 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) the formation operates as a single aircraft with regard to navigation and position reporting; (b)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 (c) 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.

40.025 UNMANNED FREE BALLOONS 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 Appendix 1 to 40.025.

40.030 REMOTELY PILOTED AIRCRAFT 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 Appendix 1 to 40.030.

40.035 ACROBATIC FLIGHT 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.

40.040 RIGHT-HAND TRAFFIC RULE 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.

40.045 PROHIBITED AND RESTRICTED AREAS 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.

40.050 FLIGHTS OVER GAME PARKS, GAME RESERVES AND NATIONAL PARKS 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.

40.055 CRUISING LEVELS (a) Cruising levels at which a flight or a portion of a flight is to be conducted shall be in terms of: (1) flight levels, for flights at or above the lowest usable flight level or, where applicable, above the transition altitude; (2) altitudes, for flights below the lowest usable flight level or, where applicable, at or below the transition altitude.

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(b) Subject to sub-regulation (e), 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 40.375.

(C) Subject to sub-regulation (e), 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 Appendix 1 to 40.055.

(d) 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 Appendix 1 to 40.055.

(e) 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.

(f) 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.

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40.060 DROPPING, SPRAYING, TOWING AND PARACHUTE DESCENTS A person shall not: (a) drop any article, substance or spray any substance from an aircraft in flight; (b) tow an aircraft or other object; or (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.

40.065 PROXIMITY TO OTHER AIRCRAFT A person shall not operate an aircraft in such proximity to other aircraft as to create a collision hazard.

40.070 RIGHT-OF-WAY RULES: AIR OPERATIONS (a) 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. (b) 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. (c) an aircraft in distress has a right of way over all air traffic. (d) 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: (1) power-driven heavier-than-air aircraft shall give way to airships, gliders and balloons; (2) airships shall give way to gliders and balloons; (3) gliders shall give way to balloons; (4) power-driven aircraft shall give way to aircraft which are seen to be towing other aircraft or objects.

(e) An aircraft towing or refueling other aircraft has the right-of-way over all other engine-driven aircraft, except aircraft in distress. (f) Where two aircraft are approaching head-on or nearly so, and there is danger of collision, each pilot shall alter course to the right. (g) 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. (h) In sub-regulations 40.070(g) and 40.075(e), “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. (i) 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.

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(j) 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, (1) 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 (2) 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.

40.075 RIGHT OF WAY RULES: GROUND OPERATIONS (a) This regulation shall apply to aircraft and vehicles on the movement area of a land aerodrome. (b) 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. (c) Emergency vehicles proceeding to the assistance of aircraft in distress shall be afforded priority over all other surface movement traffic. (d) (1) Aircraft and vehicles shall give way to aircraft which are taking off or about to take off or landing or about to land; (2) aircraft taxiing on the manoeuvring area shall stop and hold at all runway-holding positions unless otherwise authorized by the aerodrome control tower; (3) 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; (4) vehicles towing aircraft shall give way to aircraft which are landing, taking off or taxing; (5) vehicles which are not towing aircraft shall give way to aircraft; and (6) vehicles shall give way to other vehicles towing aircraft. (e) Subject to the provisions of sub-regulation (e) and of regulation 40.095(d), in case of danger of collision between two aircraft taxiing on the movement area: (1) 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; (2) 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; (3) 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.

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(f) Subject to the provisions of sub-regulation (d)(4) a vehicle shall: (1) Overtake another vehicle so that the other vehicle is on the left of the overtaking vehicle; (2) Keep to the left when passing another vehicle which is approaching head-on or approximately so.

40.080 RIGHT-OF WAY RULES: WATER OPERATIONS (a) 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. (b) 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. (c) 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. (d) 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. (e) 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.

40.085 LIGHTS TO BE DISPLAYED BY AIRCRAFT 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 Appendix 1 to 40.085.

40.090 FAILURE OF LIGHTS BY NIGHT 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.

40.095 CONDITIONS FOR LIGHTS TO BE DISPLAYED BY AN AIRCRAFT (a) Except as provided by sub-regulation (e), 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. (1) anti- collision lights intended to attract attention to the aircraft; and (2) 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.

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(b) Except as provided by sub-regulation (e), from sunset to sunrise or during any other period prescribed by the appropriate authority: (1) 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; (2) 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; (3) all aircraft operating on the movement area of an aerodrome shall display lights intended to attract attention to the aircraft; and (4) all aircraft on the movement area of an aerodrome whose engines are running shall display lights which indicate that fact. (c) Except as provided by sub-regulation (e), all aircraft in flight and fitted with anti-collision lights to meet the requirement of sub-regulation(a)(1) shall display such lights also outside the period specified in sub- regulation (a) (d) Except as provided by sub-regulation (e), all aircraft: (1) operating on the movement area of an aerodrome and fitted with anticollision lights to meet the requirement of sub-regulation (b)(3); or (2) on the movement area of an aerodrome and fitted with lights to meet the requirement of sub- regulation (a)(4); (3) shall display such lights also outside the period specified in sub-regulation (b)

(e) 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 (a), (b), (c) and (d) if they do or are likely to: (1) adversely affect the satisfactory performance of duties; or (2) subject an outside observer to harmful dazzle.

(f) 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.

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40.100 BALLOONS, KITES, AIRSHIPS, GLIDERS AND PARASCENDING PARACHUTES.

(a) A person shall not, within Rwanda: (1) 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; (2) fly a captive balloon within 3 nautical miles of an aerodrome; (3) 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; (4) fly a kite within 3 nautical miles of an aerodrome; (5) moor an airship; (6) fly a free balloon at night; or (7) 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.

(b) 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.

40.105 CAPTIVE BALLOONS AND KITES (a) 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: (1) 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; (2) 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; (3) 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.

(b) 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.

(c) A kite flown in the circumstances referred to in sub-regulation (b) shall have attached to its mooring cable either- (1) tubular streamers as specified in sub-regulation (b); or

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(2) 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 in white 10 cm (4 inches) wide.

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40.110 AIRSHIPS (a) Except as provided in sub-regulation (b) ,an airship while flying at night shall display the following lights; (1) a white light of at least five candelas showing through angles of 110 degrees from dead ahead to each side in the horizontal plane; (2) 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; (3) a red light of at least five candelas showing to the port side through an angle of 110degrees from ahead in the horizontal plane; and (4) 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) 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: (1) the white lights referred to in sub-regulations (a)(1) and (a)(4) of sub-regulation (a); 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 (2) if an airship is making way but not otherwise, the green and red lights referred to in sub- regulations (a)(2) and (a)(3): provided that an airship while picking up its moorings, notwithstanding that it is not under command, shall display only the lights specified in subregulation (a).

(c) An airship, while moored within Rwanda by night, shall display the following lights: (1) when moored to a mooring mast, at or near the rear, a white light of at least five candelas showing in all directions; and (2) a white light of at least five candelas showing through angles of 70 degrees from dead astern to each side in the horizontal plane.

(d) 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.

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(e) For the purpose of this regulation: (1) 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; (2) an airship shall be deemed to be making way when it is not moored and is in motion relative to the air.

40.115 ANTI-COLLISION LIGHT (a) When operating by day, an aircraft fitted with an anti-collision light shall display such light in flight.

(b) An aircraft shall display, when stationary on the apron by day or night with engines running, a red anti-collision light when fitted.

(c) When operating by night all aircraft shall display anti-collision lights, intended to attract attention to the aircraft. (d) 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.

(e) 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.

40.120 SIMULATED INSTRUMENT FLIGHT CONDITIONS (a) A person shall not operate an aircraft in simulated instrument flight conditions unless: (1) that aircraft has fully functioning dual controls; (2) a qualified pilot occupies a control seat to act as safety pilot for the person who is flying under simulated instrument conditions; (3) 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.

(b) A person shall not engage in simulated instrument flight conditions during commercial air transport operations.

40.125 PRACTICE INSRUMECT APPROACHES 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; and (b) 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.

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40.130 AERODROMES NOT HAVING AIR TRAFFIC CONTROL UNITS (a) 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.

(b) The pilot-in-command flying in the zone referred to in sub-regulations 40.130(1) or 40.135(1) or moving on such an aerodrome shall: (1) observe other aerodrome traffic for the purpose of avoiding collision; (2) conform with or avoid the pattern of traffic formed by other aircraft in operation; (3) make all turns to the left, when approaching for a landing and after taking off, unless otherwise instructed; and (4) take off and land into the wind, unless safety, the runway configuration, or air traffic considerations determine that a different direction is preferable..

(c) A person shall not land an aircraft on a runway at such an aerodrome unless the runway is clear of other aircraft. (d) Where takeoffs and landings are not confined to a runway: (1) 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 (2) an aircraft about to take off shall take up position and maneuvers in such a way as to leave clear on its left any aircraft which is already taking off or is about to take off.

(e) An aircraft after landing shall move clear of the landing area in use as soon as it is possible to do so.

40.135 AERODROMES HAVING AIR TRAFFIC CONTROL UNITS (a) 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. (b) The pilot-in-command flying in the aerodrome traffic zone of an aerodrome having an air traffic control unit or moving on the maneuvering area of such an aerodrome shall, in addition to the requirements of sub-regulation 40.130(b): (1) 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 (2) not taxi, take off or land except with the permission of the air traffic control unit.

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40.140 OPERATIONS ON OR IN THE VICINITY OF A CONTROLLED AERODROME. (a) 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.

(b) When arriving at an aerodrome, a pilot-in-command shall establish communications required by sub-regulation (a) on prior to four nautical miles from the aerodrome when operating from the surface up to and including 76,5 m (2,500 ft). (c) When departing from an aerodrome, a pilot-in-command shall establish communications with the control tower prior to taxi. (d) 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.

(e) A clearance to taxi to – (1) the takeoff runway: (i) is not a clearance to cross or taxi on to that runway; and (ii) authorizes the pilot-in-command to cross other runways during the taxi to the assigned runway; (2) any other point on the aerodrome is a clearance to cross all runways that intersect the taxi route to the assigned point.

(f) If the radio fails or two-way communication is lost, a pilot-in-command may continue a VFR flight operation and land if: (1) the weather conditions are at or above basic VFR minimums; and (2) clearance to land is received by light signals.

(g) During IFR operations, the two-way communications failure procedures prescribed in regulation 40.285 shall apply.

40.145 ACCESS TO AND MOVEMENT IN THE MANOEUVRING AREA (a) 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. (b) 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. (c) 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.

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Flight plan

40.150 PRE-FLIGHT ACTION (a) A pilot-in-command shall, before commencing a flight, be familiar with all available information appropriate to the intended operation. (b) 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: (1) a careful study of available current weather reports and forecasts taking into consideration fuel requirements; and (2) an alternative course of action if the flight cannot be completed as planned.

(c) 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 tha 450 m (1,500 ft), unless the pilot-in-command has obtained from an air traffic control unit at the at that aerodrome permission to enter the aerodrome traffic zone.

40.155 FLIGHT PLAN Except as authorized by the Authority a person shall not commence a flight if he has not filed a flight plan.

40.160 SUBMISSION OF A FLIGHT PLAN (a) 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.

(b) A pilot-in-command shall, prior to operating one of the following, file a flight plan for: (1) any flight, or portion thereof, to be provided with air traffic control service; (2) Any instrument flight rules (IFR) flight within advisory airspace (3) 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; (4) 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; (5) any flight across international borders; and (6) any flight departing from an aerodrome manned by the Authority.

(c) 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.

(d) Unless otherwise prescribed by the appropriate ATS authority, a pilot-incommand shall submit a flight plan to the appropriate air traffic services or air traffic advisory service: (1) at least sixty minutes before departure and shall be valid for sixty minutes for instrument

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flight rules (IFR) flights or one hundred and twenty minutes for visual flight rules (VFR) flights; or (2) 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. (e) 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.

(f) 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. (g) 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.

(h) 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.

40.165 CONTENTS OF PLAN (a) A person filing an instrument flight rules (IFR) or visual flight rules (VFR) a flight plan flight plan shall include in it the following information: (1) aircraft identification; (2) flight rules and type of flight; (3) number and type(s) of aircraft and wake turbulence category; (4) equipment; (5) departure aerodrome (6) estimated off-block time; (7) cruising speed(s); (8) cruising level(s); (9) route to be followed; (10) destination aerodrome and total estimated elapsed time; (11) alternate aerodrome(s); (12) fuel endurance; (13) total number of persons on board; (14) emergency and survival equipment; and (15) other information referred to in sub-regulation (b)..

(b) A flight plan, for whatever purpose it is submitted, shall contain information, as applicable:

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(1) 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 (2) 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.

40.170 CHANGES TO A FLIGHT PLAN (a) Subject to regulation 40.245, 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.

(b) Subject to regulation 40.245, 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. (c) 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.

40.175 CHOOSING AFLIGHT PLAN . (a) 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.

(b) 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 pilotin-command shall, when required, close it by an appropriate report to the relevant ATS unit.

(c) When no air traffic services unit exists at the arrival aerodrome, the pilot-incommand shall contact the nearest ATS unit to close the flight plan immediately after landing and by the quickest means available.

(d) 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.

(e) The transmission referred to in sub-regulation (d) 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.

(f) A pilot-in-command shall include the following elements of information in his arrival reports: (1) aircraft identification; (2) departure aerodrome; (3) destination aerodrome, only in the case of a diversionary landing; (d) arrival aerodrome; and (e) time of arrival. (g) 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

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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

signals

40.180 UNIVERSAL AVIATION SIGNAL (a) Where a signal is given or displayed, or whenever any marking specified in regulations 40.205 up to and including 40.215 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.

(b) Upon observing or receiving any of the signals specified in sub-regulation (a), a pilot-in- command shall take such action as may be required by the interpretation of the signal specified in these Regulations.

(c) 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.

(d) 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.

(e) 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.

(f) Daylight-fluorescent wands, table-tennis bats or gloves shall be used for all signaling by all participating ground staff during daylight hours, while illuminated wands shall be used at night or in low visibility.

(g) 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.

40.185 DISTRESS SIGNALS The following signals, used either together or separately, mean that grave and imminent danger threatens, and immediate assistance is requested: (a) a signal made by radiotelegraphy or by any other signalling method consisting of the group SOS ( • • • — — — • • • in the Morse Code); (b) a radiotelephony distress signal consisting of the spoken word MAYDAY; (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.

40.190 URGENCY SIGNALS (a) 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:

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(1) the repeated switching on and off of the landing lights; or (2) the repeated switching on and off of the navigation lights in such manner as to be distinct from flashing navigation lights.

(b) 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: (1) a signal made by radiotelegraphy or by any other signalling method consisting of the group XXX; (2) a signal sent by radiotelephony consisting of the spoken words PAN, PAN; (3) an urgency message sent via data link which transmits the intent of the words PAN, PAN.

40.195 AIRCRAFT INTERCEPTION AND INTERCEPTION SIGNALS (a) The pilot-in-command of every aircraft flying over or maneuvering within Rwanda territory, when intercepted, shall comply with standards set out in regulation 40.300 (b) by interpreting and responding to visual signals as set out in Appendix 1 to 40.195.

(b) The intercepting aircraft shall interpret visual signals from an intercepted aircraft as set out in Appendix 1 to 40.195. .

(c) 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.

(d) 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.

(e) 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 by a military or government aircraft, shall comply with the international standards when interpreting and responding to visual signals and communication as specified in regulation 40.300.

(f) No pilot of every aircraft carrying Rwanda nationality mark or operated by Rwanda operators shall conduct an international flight unless the procedures and signals relating to interception of aircraft, as specified in regulation 40.300, are readily available on the flight deck.

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40.200 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 bout to enter a restricted, prohibited or danger area.

40.205 SIGNALS FOR AERODROME TRAFFIC. (a) Aerodrome controllers shall use and pilots shall obey the following lights and pyrotechnic signals shown in Appendix 1 to 40.205 here below and illustrated in Figure 10.

(b) Pilots shall acknowledge aerodrome controller signals as follows: (1) when in flight: (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. (2) when on the ground: (i) during the hours of daylight by moving the aircraft's ailerons or 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.

(c) Aerodrome authorities shall use the visual ground signals as shown in figures 11 to 20 during the situations indicated therein.

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Figure 10: Light and Pyrotechnic Signals from Aerodrome Control

(1) 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

(2) 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

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(3) Use of runways (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;

Figure 13 (ii) the same horizontal white dumb-bell as in Figure 13 but with a 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 (4) 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 (5) 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

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 (6) 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

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(7) 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 (8) 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 (9) 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

40.210 MARSHALLING SIGNALS: SIGNALMAN TO A PILOT (a) The marshalling signals shown in figures 22 to 56 below shall be used from a signalman to a pilot of an aircraft.

(b) 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: (1) for fixed-wing aircraft, the signalman shall be positioned forward of the left-wing tip within view of the pilot and, (2) for helicopters, where the signalman can best be seen by the pilot. (c) The meaning of the relevant signals remains the same if bats, illuminated wands or torchlights are held. (d) 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). (e) Signals marked with an asterisk are designed for use to hovering helicopters. (f) 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.

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1. Wingwalker/guide

Raise right hand above head level with wand pointing up; move left-hand wand pointing down toward body.

Note. — This signal provides an indication by a person positioned at the Figure 22 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.

Figure 23

3. Proceed to next signalman or as directed by tower/ground control

4. 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.

Figure 24

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4. Straight ahead

Bend extended arms at elbows and move wands up and down from chest height to head.

Figure 25

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.

Figure 26

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.

Figure 27

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.

Figure 28

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6 b). Emergency stop

Abruptly extend arms and wands to top of head, crossing wands.

Figure 29

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.

Figure 30

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.

Figure 31

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

Figure 32

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.

Figure 33

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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.

Figure 34

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.

Figure 35

11. Slow down

Move extended arms downwards in a “patting” gesture, moving wands up and down from waist to knees.

Figure 36

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.

Figure 37

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).

Figure 38

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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.

Figure 39

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.

Figure 40

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. Figure 41

*16. Hover

Fully extend arms and wands at a 90-degree angle to sides.

Figure 42

*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.

Figure 43

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*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.

Figure 44

*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.

Figure 45

*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.

Figure 46

*20. Land

Cross arms with wands downwards and in front of body

Figure 47

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.

Figure 48

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22. Hold position/stand by

Fully extend arms and wands downwards at a 45degree angle to sides. Hold position until aircraft is clear for next maneuver.

Figure 49

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.

Figure 50

24. Do not touch controls (technical/servicing communication signal)

Extend right arm fully above head and close fist or hold wand in horizontal position; left arm remains at side by knee.

Figure 51

26. Disconnect power (technical/servicing communication signal)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 Figure 52 can also be used to form the “T” above head.

26. Disconnect power (technical/servicing communication signal)

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 Figure 53 until authorized by flight crew. At night, illuminated wands can also be used to form the “T” above head

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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 Figure 54 hand remains at side by knee.

28. Establish communication via interphone (technical/servicing communication signal)

Extend both arms at 90 degrees from body and move hands to cup both ears.

Figure 55 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.

Note.— This signal is intended mainly for aircraft with the set of integral stairs at the front.

Figure 56

40.215 MARSHALLING SIGNALS: PILOT TO SIGNALMAN A pilot shall use the signals shown in Appendix 1 to 40.215 when communicating with a signals: Signalman on the ground: pilot to a signalman.

40.220 TIME (a) 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.

(b) 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.

(c) Wherever time is utilized in the application of data link communications, it shall be accurate to within one second of Co-ordinated Universal Time.

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40.225 AIR TRAFFIC CONTROL CLEARANCE (a) 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.

(b) A pilot-in-command shall request air traffic control clearance referred to in sub-regulation (a) through the submission of a flight plan to an air traffic control unit.

(c) 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.

(d) 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.

(e)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: (1) is able to fly in uninterrupted visual meteorological conditions (VMC) for so long as he remains in controlled airspace; and

(2) 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.

40.230 POTENTIAL RECLEARANCE IN FLIGHT 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.

40.235 ADHERENCE TO CURRENT FLIGHT PLAN (a) Except as provided for in regulation 40.270, an aircraft shall adhere to the current flight plan or the applicable portion of a current flight plan for a controlled flight within the tolerances defined in sub-regulations (b) to (c) 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 aircraft, 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.

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(b) In the event that a controlled flight inadvertently deviates from its current flight plan, the following action shall be taken; (1) if the aircraft is off track, action shall be taken forthwith to adjust the heading of the aircraft to regain track as soon as practicable (2) if the aircraft deviates from ATC assigned Mach number/indicated airspeed, the appropriate air traffic services unit shall be informed immediately

(3) if the sustained Mach number or true airspeed at cruising level varies by plus or minus Mach 0.02 or more, or plus or minus 19 km/h (10 kt) true airspeed or more from the current flight plan, the appropriate air traffic services unit shall be so informed;

(4) if the time estimate; (i) for the next applicable reporting point, (ii) flight information region boundary or destination aerodrome, whichever comes first, changes in excess of 2 minutes from that previously notified to air traffic services, or such other period of time as is prescribed by the appropriate ATS authority or on the basis of regional air navigation agreements, the flight crew shall notify the appropriate air traffic services unit as soon as possible except where ADS-C is activated and serviceable in airspace where ADS-C services are provided

(c) When an ADS-C services are provided and ADS-C is, the air traffic services unit shall be Informed automatically via data link whenever changes occur beyond the threshold values Stipulated by the ADS event contract.

(d) Requests for current flight plan changes shall include the following information: (1) Change of cruising level: (i) aircraft identification; (ii) requested new cruising level and cruising Mach number or true airspeed at this level; (iii) revised time estimates at subsequent reporting points or flight information region boundaries. (2) Change of Mach number or true airspeed: (i) aircraft identification; (ii) requested Mach number or true airspeed.

(e) Subject to the overriding requirement in regulation 40.240(a), an aircraft operating along an ATS route segment defined by reference to very high frequency omnidirectional radio ranges 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 changeover point, where established.

(f) Deviation from the requirements in regulation 40.240 (a) shall be notified to the appropriate air traffic services unit.

40.240 ROUTE TO BE FLOWN (a) Unless otherwise authorized or directed by the appropriate air traffic control unit, a pilot-in- command of a controlled flight shall, in so far as practicable:

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(1) when on an established air traffic services (ATS) route, operate along the defined centre line of that route; or (2) when on any other route, operate directly between the navigation facilities and/or points defining that route.

(b) A pilot-in-command shall notify the appropriate air traffic control unit of any deviation from the requirements in sub-regulation (a).

(c) 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.

40.245 DEVIATIONS FROM THE CURRENT FLIGHT PLAN (a) In the event that a controlled flight deviates from its current flight plan, the following action shall be taken:: (1) Deviation from track: if the aircraft is off track, action shall be taken forthwith to adjust the heading of the aircraft to regain track as soon as practicable. (2) Deviation from ATC assigned Mach number/indicated airspeed: the appropriate air traffic services unit shall be informed immediately. (3) Deviation from Mach number/true airspeed: if the sustained Mach number/true airspeed at cruising level varies by plus or minus Mach 0.02 or more, or plus or minus 19 km/h (10 kt) true airspeed or more from the current flight plan, the appropriate air traffic services unit shall be so informed.

(4) Change in time estimate: except where ADS-C is activated and serviceable in airspace where ADS-C services are provided, if the time estimate for the next applicable reporting point, flight information region boundary or destination aerodrome, whichever comes first, changes in excess of minutes from that previously notified to air traffic services, or such other period of time as is prescribed by the appropriate ATS authority or on the basis of regional air navigation agreements, the flight crew shall notify the appropriate air traffic services unit as soon as possible.

(b) When ADS-C services are provided and ADS-C is activated, the air traffic services unit shall be informed automatically via data link whenever changes occur beyond the threshold values stipulated by the ADS event contract.

40.250 REQUESTS FOR CURRENT FLIGHT PLAN CHANGES Requests for current flight plan changes shall include information as indicated hereunder: (a) Change of cruising level: aircraft identification; requested new cruising level and cruising Mach number/true airspeed at this level; revised time estimates (when applicable) at subsequent reporting points or flight information region boundaries.

(b) Change of Mach number/true airspeed: aircraft identification; requested Mach umber/true airspeed. (c) Change of route: (1) Destination unchanged: aircraft identification; flight rules; description of new route of flight including related flight plan data beginning with the position from which requested change of route is to commence; revised time estimates; any other pertinent information. (2) Destination changed: aircraft identification; flight rules; description of revised route of flight

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to revised destination aerodrome including related flight plan data, beginning with the position from which requested change of route is to commence; revised time estimates; alternate aerodrome(s); any other pertinent information.

40.255 POSITION REPORTS. (a) Unless exempted by the appropriate air traffic services authority, or by the reports 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:

(1)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; (2) any unforecasted weather conditions encountered; and (3) any other information relating to the safety of flight, such as hazardous weather or abnormal radio station indications.

(b) A pilot of a controlled flight shall make position reports in relation to additional points when requested by the appropriate air traffic control unit.

(c) 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.

(d) 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.

(e) 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.

40.260 AIR TRAFFIC CONTROL CLEARANCES FOR VFR FLIGHTS A pilot of a visual flight rules (VFR) flight shall comply with the provisions of regulations 40.225, 40.230, 40.235, 40.240, 40.245, 40.250, 40.255, 40.270, 40.280 and 40.285 when: (1)operated within Classes C and D airspace, and, when used in a Flight Information Region, Class B; (2) forming part of aerodrome traffic at controlled aerodromes; or (3) operated as special VFR

40.265 VFR FLIGHT WITHIN DESIGNATED AREAS A pilot-in-command operating a VFR flight within or into areas, or along routes, designated by the Authority in accordance with sub-regulation 40.160(b)(3) or (4) shall maintain continuous air-ground voice

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communication watch on the appropriate communication channel of, and report its position as necessary to, the air traffic services unit providing flight information service.

40.270 WEATHER DETERIORATION BELOW VMC 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)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; (b)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; (c) if operating within a control zone, request authorization to operate as a special VFR; or

(d) request clearance to operate in instrument flight rules (IFR), if currently rated for IFR operations.

40.275 OPERATION UNDER IFR IN CONTROLLED AIRSPACE MALFUNCTION REPORTS (a)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.

(b) In each report specified in sub-regulation (a), the pilot-in-command shall include: (1)the aircraft identification; (2)the equipment affected; (3)the degree to which the capability of the pilot to operate under IFR in the air traffic control system is impaired; and (4)the nature and extent of assistance desired from air traffic control unit.

40.280 COMMUNICATIONS

(a) 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.

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(b)Automatic signalling devices may be used to satisfy the requirement to maintain a continuous listening watch, if authorized by the Authority.

40.285 COMMUNICATION FAILURE: AIR-TO-GROUND (a) Where a pilot-in-command has been unable to establish contact with an aeronautical ground station in order to comply with regulation 40.280, the pilotin-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.

(b) 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.

(c) If a pilot-in-command is unable to establish communication and is in visual meteorological conditions, he shall: (1) 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; (2) if considered advisable, complete an instrument flight rules (IFR) flight in accordance with sub- regulation (d).

(d) 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 (c)(1), the pilot-in-command shall: (1) 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; (2) 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 (ii) the time the transponder is set to Code 7600; or (iii) 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; (3) 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; (4) 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 (5) below, hold over this aid or fix until commencement of descent; (5) commence descent from the navigation aid or fix specified in (4) at, or as close as possible to the expected approach time last received and acknowledged or, if no expected approach time has been

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received and acknowledged, at, or as close as possible to the estimated time of arrival resulting from the current flight plan;

(6) complete a normal instrument approach procedure as specified for the designated navigation aid or fix; and (7) land, if possible, within 30 minutes after the estimated time of arrival specified in (5) 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.

40.290 COMMUNICATION FAILURE: GROUND-TO-AIR (a) 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: (1)request other aeronautical stations to render assistance by calling the pilot-in- command and relaying traffic information, if necessary; (2) 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) The provisions of sub-regulation (a) shall also be applied: (1) on request of the air traffic services unit concerned; (2) 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.

(c) The time period referred to in sub-regulation (b)(2) shall be prescribed by the Authority. (d) Where the attempts specified in sub-regulation (a) 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.

40.295 UNLAWFUL INTERFERANCE. (a)A pilot-in-command of an aircraft which is being subjected to unlawful interference shall endeavor 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

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aircraft and to minimize conflict with other aircraft.

(b) 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.

(c) 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.

40.300 INTERCEPTION OF CIVIL AIRCRAFT. (a) A 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 immediately: (1) follow the instructions given by the intercepting aircraft, interpreting and responding to visual signals in accordance with the specifications in regulation 40.195; (2) notify, if possible, the appropriate air traffic services unit; (3) 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; (4) if equipped with SSR transponder, select Mode A, Code 7700, unless otherwise instructed by the appropriate air traffic services unit; (5) if equipped with ADS-B or ADS-C, select the appropriate emergency functionality, if available, unless otherwise instructed by the appropriate air traffic services unit. (b) 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. (c) 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. (d) 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 manoeuvre in such a manner that the wake turbulence may be hazardous, particularly if the intercepted aircraft is a light aircraft. (e) 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 Appendix 1 to 40.300 and transmitting each phrase twice.

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Miscellaneous

40.305 REPORTING OF HAZARDOUS CONDITIONS A pilot-in-command shall, on meeting with hazardous conditions in the course of a 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.

40.310 ALTIMETER SETTINGS 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.

40.315 CLASSIFICATION OF AIRSPACE

ATS airspaces classification in Rwanda is shown in the AIP and classified and designated in accordance with Appendix 1 to 40.315 .

40.320 AUTHORITY OF THE PILOT-IN-COMMAND OF AN AIRCRAFT

The pilot-in-command shall have final authority as to the disposition of the aircraft while in command.

40.325 WEATHER LIMITATIONS FOR VFR FLIGHTS 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.

40.330 FLIGHT IN CLASS A AIRSPACE In relation to flights in visual meteorological conditions (VMC) in Class A airspace the pilot-in-command shall comply with regulations 40.160 and 40.255 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 40.160(g).

40.335 CO-ORDINATION OF ACTIVITIES POTENTIALLY HAZARDOUS TO AIRCRAFT (a) 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.

(b) Notwithstanding the generalities of sub-regulation (b): (1) 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; (2) a person using or planning to use lasers or other directed highintensity 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; (3) a pilot-in-command shall not deliberately operate an aircraft into a laser beam or other directed high-

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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.

(c) A person shall not release into the atmosphere any radioactive material or toxic chemicals which could affect the safety of aircraft operating within the Rwandan airspace.

SUBPART C: VISUAL FLIGHT RULES

40.340 VISUAL Except when operating a special VFR flight, a person shall conduct a VFR flight meteorological so that the aircraft is flown in conditions of visibility and distance from clouds l conditions equal to or greater than those specified in Appendix 1 to 40.340. * 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.

40.345 VFR WITHIN A CONTROL ZONE (a) 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: (1) the ceiling is less than 450 m (1,500 ft); or (2) the ground visibility is less than 5 km; except when a clearance is obtained from an air traffic control unit.

(b) 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.

40.350 MINIMUM SAFE VFR ALTITUDES AND FLIGHT ABOVE 900 M (a) 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: (1) over congested areas of cities, towns or settlements or over an openair 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;

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(2) elsewhere than specified in paragraph (a), at a height less than 150 m (500 ft) above the ground or water. (b) 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 Appendix 1 to 40.375.

40.355 CHOICE OF VFR OR IFR (a) Subject to regulation 40.330, a person shall fly an aircraft in accordance with VFR or IFR, provided that: (1) in Rwanda, an aircraft flying at night shall be flown in accordance with the IFR, or, in a control zone, in accordance with the IFR or the provisions of the proviso to paragraph (b) of regulation 40.360;

(2) 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. (b) Unless authorized by an appropriate air traffic services authority, a person shall not operate an aircraft in VFR: (1) above flight level 170; or (2) at supersonic or transonic speeds or (3) except as may be prescribed by the Authority and operated in accordance with the conditions prescribed by the Authority, between sunset and sunrise.

40.360 VFR OUTSIDE AND WITHIN CONTROLLED AIRSPACE 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; (b) 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 : 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.

40.365 CHANGING FROM VFR TO IFR 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

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(b) when so required by provisions of regulation 40.160 submit a flight plan to the appropriate air traffic control unit and obtain a clearance prior to proceeding IFR when in controlled airspace.

SUBPART D: INSTRUMENT FLIGHT RULES

40.370 AIRCRAFT EQUIPMENT A pilot-in-command shall ensure an aircraft is equipped with suitable instruments and with navigation equipment appropriate to the route to be flown.

40.375 IFR FLIGHTS IN CONTROLLED AIRSPACE. 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 Appendix 1 to 40.375; or (ii) a modified table of cruising levels, when so prescribed in accordance with Appendix 1 to 40.375 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 40.225, 40.230, 40.235,40.240, 40.245, 40.250, 40.255, 40.280 and 40.285.

40.380 IFR FLIGHTS OUTSIDE CONTROLLED AIRSPACE (a) A pilot-in-command operating an IFR flight outside a controlled airspace: (1) 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 (2) a modified table of cruising levels, when so prescribed in accordance with Table 9 for flight above FL 410.

(b) A pilot-in-command operating an IFR flight outside a controlled airspace: (1) but within or into areas, or along routes specified in sub-regulation 40.160 (b)(2) or (4) shall: maintain an air- ground voice communication watch on the appropriate communication channel and establish twoway communication, as necessary with air traffic services unit providing flight information services; (2) 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 unit providing flight information services, shall report position as specified in regulation 40.255 for controlled flights.

40.385 MINIMUM FLIGHT ALTITUDES FOR IFR OPERATIONS (a) 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: (1) for flights over high terrain or in mountainous areas, at a level which

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is at least 600 m (2,000 ft) above the highest obstacle located within 8 km of the estimated position of the aircraft; and (2) elsewhere than as specified in subparagraph (1), 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) 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.

40.390 CHANGE FROM IFR FLIGHT TO VFR FLIGHT

(a) 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. (b) 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.

SUBPART E: ADMINISTRATIVE SANCTIONS

40.395 ADMINISTRATIVE FINES Any person who contravenes the provisions set out in column I of Appendix 1 to 30.095 shall be liable to fixed administrative fine set out in column II of that appendix.

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APPENDICES

APPENDIX 1 TO 40.030 REMOTELY PILOTED AIRCRAFT SYSTEMS

1 General operating rules

(1) A remotely piloted aircraft system (RPAS) engaged in international air navigation shall not be operated without appropriate authorization from the Authority. (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. (3) An RPA shall not be operated over the high seas without prior coordination with the appropriate ATS authority. (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. (5) An RPAS shall be operated in accordance with conditions specified by the Authority. (6) Flight plans shall be submitted in accordance with these regulations or as otherwise mandated by the Authority. (7) RPAS shall meet the performance and equipment carriage requirements for the specific airspace in which the flight is to operate.

2 Certificate And Licensing

(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: (2) 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 (3) 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. (4) 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. (5) 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 AUTHORISATION 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. 3.2 Unless otherwise specified by the Authority, the request for authorization shall include the following: a) name and contact information of the operator; b) RPA characteristics (type of aircraft, maximum certificated take-off mass, number of engines, wing span);

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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; 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.

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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.

APPENDIX 1 TO 40.025 UNMANNED FREE BALLOONS

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; o 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.

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COMBINE LIGHT D MASS MEDIUM (if suspension or Area density OR Of Individual packages are not factors)

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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) pressurealtitude 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.

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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; 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.

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5.2 Notification of launch Immediately after a medium or heavy unmanned free balloon is launched the operator shall notify the appropriate air traffic services unit of the following:

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).

5.3 Notification of cancellation 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.

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: 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.

APPENDIX 1 TO 40.085 LIGHTS TO BE DISPLAYED BY AEROPLANES

1. Terminology When the following terms are used in this Appendix, they have the following meanings:

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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 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.

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110 110 º º Red L R Green

A 140 º White 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 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.

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22 Wh 110 ° 0 ° ite 11 Red F 0 ° L R Green

A White Figure 2 140 °

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.

Yellow Green Whi 1 4 110 ° te Wh 22 0 ° 0 ° ite

22 2 metres at least 2 metres at least 0 °

Red Figure 3 110 °

3.4 When being towed The lights described in 3.2 a), b) and c) appearing as steady, unobstructed lights.

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).

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3.6 When making way but not under command

As illustrated in Figure 5, the lights described in 3.5 plus the lights described in 3.2 a), b) and c).

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 ° 110° Red White

1 metre 1 metre at least at least

11 Red 0 ° Figure 4 Figure 5

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

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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.

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APPENDIX 1 TO 40.395 ADMINISTRATIVE FINES

FINES (In Rwanda francs) PROVISIONS Individual Corporate

4 Low flying. 600,000 3,000,000

5 Formation flights. 600,000 3,000,000 6 Unmanned free balloons. 300,000 1,500,000 7 Acrobatic flight. 600,000 3,000,000 9 Prohibited areas and restricted areas. 1,000,000 5,000,000 10 Flights over game parks, game reserves and national parks. 600,000 3,000,000 12 Dropping, spraying, towing and parachute descents 300,000 1,500,000 13 Proximity to other aircraft. 600,000 3,000,000 15 Right of way: ground rules 600,000 3,000,000 16 Right-of-way rules: water operations. 600,000 3,000,000 20 Balloons, kites, airships, gliders and parascending parachutes. 300,000 1,500,000 21. Captive balloons and kites. 300,000 1,500,000 22. Airships. 300,000 1,500,000 23 Anti Collision Light. 300,000 1,500,000 24 Simulated instrument flight conditions. 600,000 3,000,000 25 Practice instrument approaches. 600,000 3,000,000 26 Aerodromes not having air traffic control units. 600,000 3,000,000 27 Aerodromes having Air Traffic Control Units. 600,000 3,000,000 28 Operations on or in the vicinity of a controlled aerodrome. 600,000 3,000,000 29 Access to and Movement in the Manoeuvring Area. 600,000 3,000,000 31 Flight plan. 600,000 3,000,000 35 Closing a flight plan. 600,000 3,000,000 36 Universal aviation signals. 600,000 3,000,000 39 Aircraft interception and interception signals. 600,000 3,000,000 41 Signals for aerodrome traffic. 600,000 3,000,000 45 Air Traffic Control clearances. 600,000 3,000,000 47 Adherence to air traffic control clearances. 600,000 3,000,000 48 Route to be flown. 600,000 3,000,00 55 Visual meteorological conditions. 600,000 3,000,000 59. Communications. 600,000 3,000,000 60 Interception of civil aircraft. 600,000 3,000,000 62 Altimeter settings. 600,000 3,000,000 65 Weather limitations for VFR flights. 600,000 3,000,000 66 Flight in Class A airspace. 600,000 3,000,000 67. Co-ordination of activities potentially hazardous to aircraft. 1,000,000 5,000,000 68. Visual meteorological conditions. 600,000 3,000,000

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69. VFR within a control zone. 600,000 3,000,000 70. Minimum safe VFR altitudes. 600,000 3,000,000 71 Choice of VFR or IFR. 600,000 3,000,000 74 VFR outside and within controlled airspace. 600,000 3,000,000 75 Changing from VFR to IFR. 600,000 3,000,000 76 IFR flights outside controlled airspace. 600,000 3,000,000 77 Minimum flight altitudes for IFR operations. 600,000 3,000,000 78 Change from IFR flight to VFR flight. 600,000

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APPENDIX 1 TO 40.055 TABLE OF CRUISING LEVELS -NON RVSM AIRSPACE

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APPENDIX 1 TO 40.195 TABLE 2 - SIGNALS INITIATED BY INTERCEPTING AIRCRAFT AND RESPONSES BY INTERCEPTED AIRCRAFT

INTERCEPTING INTERCEPTED AIRCRAFT SIGNALS MEANING AIRCRAFT MEANING RESPONDS DAY or NIGHT • 1. Rocking aircraft and flashing navigational lights at irregular intervals (and landing lights in the case of a You have DAY or NIGHT - Understood. helicopter) from a position slightly been Rocking aircraft. will comply above and ahead of, and normally to intercepted. Flashing the left of, the intercepted aircraft (or to Follow me. navigational lights at the right if the intercepted aircraft is a irregular intervals helicopter) and, after and following. 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 You may DAY or NIGHT - Understood, 2. maneuver from the intercepted aircraft proceed. Rocking the aircraft. will comply. consisting of a climbing turn of 90 degrees or more without crossing the line of flight of the intercepted aircraft.

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3. DAY or NIGHT • DAY or NIGHT - Lowering landing Lowering landing gear (if fitted), gear (if fitted), showing steady Land at this showing steady Understood, landing lights and aerodrome landing lights and will comply overflying runway in following the use or, if the intercepting aircraft intercepted aircraft and, if, after is a helicopter, overflying the overflying the runway in use or helicopter landing helicopter landing area. In the case of area, landing is helicopters, the considered safe, intercepting proceeding to land. helicopter makes a landing approach, coming to hover near to the landing area.

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TABLE 3;- SIGNALS INITIATED BY INTERCEPTED AIRCRAFT AND RESPONSES BY INTERCEPTING AIRCRAFT SERIES INTERCEPTED INTERCEPTING AIRCRAFT MEANING AIRCRAFT MEANING SIGNALS RESPONSE DAY or NIGHT • DAY or NIGHT 4. Raising landing gear • If it is desired that (if fitted) and flashing the intercepted landing lights while Aerodrome you aircraft follow the passing over runway have intercepting aircraft in use or helicopter Understood, landing designated to an alternate Follow me. area at a height is inadequate. aerodrome, the intercepting aircraft exceeding 300 m (1,000 ft) but not raises its landing

exceeding 600 m gear (if fitted) and (2,000 ft) (in the case uses he Series 1 of a helicopter, at a signals prescribed height exceeding 50 m for intercepting (170 ft) but not aircraft. Understood, exceeding 100 m (330 You may proceed. ft) above the aerodrome level, and If it is decided to continuing to circle release the incepted runway in use or aircraft. the helicopter landing intercepting aircraft area. If unable to flash uses the Series 2 landing lights, flash signals prescribed any other lights for intercepting available. aircraft.

DAY or NIGHT • DAY or NIGHT • Understood 5. Regular switching Use Series 2 on and off of all Cannot comply signals prescribed available lights but for intercepting in such a manner as aircraft. to be distinct from flashing lights.

DAY or NIGHT • In distress DAY or NIGHT • Understood 6. Irregular flashing of Use Series 2 all available lights signals prescribed for intercepting aircraft.

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APPENDIX 1 TO 40.205 LIGHT AND PYROTECHNIC SIGNALS FROM AERODROME CONTROL

Light From Aerodrome control to:

Aircraft in flight Aircraft on the ground Steady green [ Cleared for takeoff Cleared to land Steady red` [ Stop

d Give way to other e n aircraft and continue r ce Series of green circling Cleared to taxi n [ o flashes c ft Return for landing* Taxi clear of a [ cr Series of red landing area in ri flashes use a Aerodrome unsafe, do s not land dr a Return to starting w point on the ot d Series of white [ aerodrome e t flashes Land at this aerodrome ec r and proceed to apron* Di

twithstanding any Red vious instructions, do pyrotechnic land for the time being

* Clearances to land and to taxi will be given in due course.

APPENDIX 1 TO 40.215 MARSHALLING SIGNALS PILOT TO GROUND SIGNALMAN

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Description of Signal Meaning of Signal

(a) Raise arm and hand with fingers extended Brakes engaged. horizontal in front of face, then clench fist (b) Raise arm with fist clenched horizontally in front of Brakes released. face, then extend fingers. (c) Arms extended palms facing outwards, move hands Insert chocks. inwards to cross in front of face. (d) Hands crossed in front of face, palms facing Remove chocks outwards, move arms outwards.

(e) Raise the number of fingers on the hand indicating the number of the engine to be started. For this Ready to start engine. 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.

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APPENDIX 1 TO 40.030 PHRASES AND PRONUNCIATIONS USED DURING INTERCEPTION

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PHRASES FOR USE BY INTERCEPTING AIRCRAFT PHRASES FOR USE BY INTERCPTED AIRCRAFT PHRASE PRONUNCIATION MEANING PHRASE PRONUNCIATION MEANING CALL SIGN KOL-SAIN What is your CALL SIGN KOL SA-IN My call sign is call sign? (call sign)2 (call sign) (call sign) FOLLOW FOL-LO Follow me WILCO VILL-KO Understood WILL COMPLY DESEND DEE-SEND Descend for CAN NOT KANN NOTT Unable to landing Comply YOU LAND YOU LAND Land at this REPEAT REE-PEET Repeat your Aerodrome instruction PROCEED PRO-SEED You may AM LOST AM LOSST Position proceed unknown MAYDAY MAYDAY I am in distress HI-JACK3 HI-JACK I have been hi-jacked LAND LAAND I request to (place name) (place name) land at ( place name) DESCEND DEE-SEND I require descent

APPENDIX 1 TO 40.315 CLASSIFICATION OF ATS AIRSPACES

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APPENDIX 1 TO 40.340 VMC VISIBILITY AND DISTANCE FROM CLOUD MINIMA

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Altitude band Airspace class Flight visibility Distance from cloud

At and above 3 050 m (10 000 ft) AMSL A* B ***C D E*** 8 km F*** G 1,500 m horizontally 300 m (1,000 ft) vertically

Below 3050 m (10000 ft) AMSL and above 900 m (3 A*B*** C D E*** 5 km 000 ft) AMSL, or above 300 m (1 000 ft) above F*** G terrain, whichever is the higher 1,500 m horizontally 300 m (1,000 ft) vertically

At and below 900 m (3 000 ft) AMSL, or 300 m (1 000 A*B*** C D E *** 5 km ft) above terrain, whichever is the higher 1,500 m horizontally 300 m (1,000 ft) vertically

F*** G 5 km** Clear of cloud and with the surface in sight

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APPENDIX 1 TO 40.375 TABLES OF CRUISING LEVELS –RVSM AIRSPACE

End of RCAR Part 40

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Bibonye kugira ngo bishyirwe ku mugereka Seen to be annexed to Ministerial Vu pour être annexé à l’Arrêté w’Iteka rya Minisitiri no04/CAB.M/018 ryo ku wa Order no04/CAB.M/018 of 24/07/2018 Ministériel no04/CAB.M/018 du 24/07/2018 rishyiraho amabwiriza ajyanye establishing civil aviation regulations 24/07/2018 établissant les règlements de n’iby’indege za gisivili l'aviation civile

Kigali, ku wa 24/07/2018 Kigali, on 24/07/2018 Kigali, le 24/07/2018

(sé) (sé) (sé) GATETE Claver GATETE Claver GATETE Claver Minisitiri w’Ibikorwa Remezo Minister of Infrastructure Ministre des Infrastructures

Bibonywe kandi bishyizweho Ikirango cya Seen and sealed with the Seal of the Vu et scellé du Sceau de la République: Repubulika: Republic:

(sé) (sé) (sé) BUSINGYE Johnston BUSINGYE Johnston BUSINGYE Johnston Minisitiri w’Ubutabera/ Intumwa Nkuru ya Leta Minister of Justice/ Attorney General Ministre de la Justice/ Garde des Sceaux

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