Appreciating the Freedom of Flight

[alanmack]

AND I thought we had hassles ? > The following report left me appreciating the Freedom we have.


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Aero-News - 5 October 2006
No. 07/06


AVIATION NEWS BULLETIN OF THE AERO CLUB OF

EAST AFRICA



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Very Light Aircraft Operators Struggle for Recognition in new Kenya Civil Aviation Regulations


Despite repeated letters from the Aero Club, reports and meetings, the KCAA team that is charged with drafting the new Kenya Civil Aviation Regulations has so far failed to address the emergence of Very Light Sports Aircraft and similar aerial devices on the scene. Microlights, VLA's, para-motors motorized gliders and experimental 'home built aircraft' are all being lumped together by KCAA with all other 'fixed wing aircraft', instead of recognizing that they are 'different'. All VLA's, microlights, para-motors are flown privately (i.e. not for hire and reward), and all European and American countries have recognized that the futture of sports aviation lies in these aircraft, which are affordable and make it easy for young people to go and fly.



It is not known why the KCAA is simply ignoring the concerns of the Aero Club, instead of facing them head-on and discussing them. The Aero Club has already made its views known to the Director-General of KCAA, Chris Kuto, and to Consumer Protection boss, Cornel Oguya, but to no avail. Meanwhile, reports continue to pour in that KCAA Airworthiness Inspectors, tasked with inspecting and approving very light aircraft and microlights that have been imported into Kenya, are not sufficiently familiar with the concept of composite materials or canvas covered fuselages, to approve them quickly. They tend to judge these modern aircraft on the basis of traditional technology, and continue to nitpick about minor points, such as length of cotter pins, diameter of the heads of screws, etc. Often they even question the wisdom and competence of the factories that built the aircraft. The inspectors, none of which is an aircraft designer, fail to appreciate that the aircraft manufacturers have undergone a series of tests and inspections, before obtaining approval and TSO's from the FAA and European authorities. This 're-invention of the wheel' by the Kenyan bureaucrats is a tedious process as the 'very light aircraft'' enthusiasts struggle to educate the KCAA Airworthiness Inspectors about modern aircraft construction methods with lightweight 21st century materials. Frustrating delays in new aircraft approvals are being experienced, leading many enthusiasts to question whether Kenya is administratively ready to adopt Very Light Aircraft into the national fleet, or for unknown reasons does not wish to embrace recreational aviation. VLA's are generally considered to be the future of sports and recreational aviation in Europe and North America, where even flying schools have accepted them with gusto.There are some 40 operators of light sport aircraft, microlights and para-motors in Kenya. Many of them had to go through the lengthy airworthiness certification process that is normally reserved for commercial aircraft. An association of VLA enthusiasts is being formed in association with the ACEA, to act as a representative in fighting for their share of the Kenyan sky.



KCAA Turns the Screw on Bureaucracy



As suspected in previous Aero-News, KCAA is already implementing some regulations contained in the new KCARS, although they have not yet been legally adopted in law. Surprise requirements are being made up by various KCAA staff in Airworthiness, Operations and other branches. For example, there are reports of blanket refusals by KCAA Inspectors to accept the Manuals that are required for AOC holders. These Manuals, which include a 'Company Exposition', 'Training Manual" and an "Operations Manual'', have in many cases served AOC holders well for years, but all of a sudden the have to be "completely re-written" to meet some unknown new standards. When asked where these new standards are written down in law, nobody seems to know. Inspectors are unable to point to AIC's, AIP amendments or other susbsidiary legislation that mandate compliance with new rules.



The new requirements are no joke as AOC inspectors seem to be able to request whatever they want, and get away with it. More filing cabinets, more office space for the AOC holder, additional staff, more staff training even for subordinate staff... nothing is immune.



The aircraft operators and pilots are bracing themselves for an even more severe authoritarian oversight regime of the KCAA, as soon as the new Kenya Civil Aviation Regulations are put into law by the end of 2006. The KCARS, that contain over 800 pages of new definitions, rules and regulations, appear to be designed to 'micro-control' all aspects of aviation in East Africa. Nothing is left to chance and the assumption seems to be that all pilots and operations staff are either incompetent or dishonest, and must be "saved from themselves"....all in the interest of safety of course, or to ''adhere to the ICAO Annexes". The Aero Club and Kenya Association of Air Operators have been consulted in a perfunctory way, but they harbour serious reservations about many regulations that (they believe) threaten the future of aviation in Kenya the way we know it.



New KCAA Security Regulations, Aerodrome Regulations and Heliport Regulations



In a surprise announcement appearing in Tuesday's papers, the KCAA divulged that additional Draft Kenya Civil Aviation Regulations have been published, dealing with 'Security", "Aerodromes", and "Heliports". These new documents bring the total number of pages of the new KCARS to over one thousand! Stakeholders are given until the end of October to comment. The documents can be downloaded on the KCAA web site www.kenyacivilaviation.or.ke under the Page "DOWNLOADS".



A quick review of these new regulations has revealed that, if implemented in their present form, the air charter business in Kenya will literally come to an end. The Security Regulations alone are so amazingly onerous that small aircraft operators will not be able to comply with them. Every airport (including all 'bush strips' in the middle of nowhere), needs a written Manual outlining a 'Security Programme' that must be approved by KCAA. Every airstrip will be inspected at least once a year as to its 'security', every airstrip will have to have in place a Chief Airport Security Officer and an Airport Security Committee, all facilities at all airstrips must be designed with 'security concerns' in mind..... have you read enough?



It goes on. Every aircraft operator must have a Security Programme in place. There are rules about baggage handling, cabin baggage, screening at every airfield, background checks for airport staff, and lots and lots more. Those interested in the details, and wondering how all this is going to work in all the bush strips in the middle of nowhere, should read the document. Suffice it to say that, whoever wrote this stuff, is not very familiar with the realities of aviation in Kenya, where over 450 of the 550 airports in the country are little used runways with a few movements every month. It will be interesting to see if the Government of Kenya, which presumably was the author of the document, will lead by example and implement at their airstrips and airports (e.g. Loyangalani, Kissi, Kitui, Bomet, National Park Airstrips, Maasai Mara runways, and about a hundred more) what they preach. We look forward to the Airport Security Committees, fences, secure aprons, etc., at those strips. Meanwhile, it is doubtful that the missionaries, farmers, health centres, etc. in the relatively unpopulated areas of Kenya's north will be able to implement the new regulations. With only one or two movements a month, it just is not worth their while. Similarly, lodges and private airstrip owners will have a tough time to implement all this. It's simply "over the top". The authors of the document would have been well-advised to recognize that private airstrips of missions, farms, etc. cater mainly to small aircraft that pose no security threat. Instead of the "one-size-fits-all' approach that is now customary at KCAA, the authors could have recognized what is already the practice in most ICAO nations: Only aircraft over 5700 kg AUW are considered 'airliners' and should be subjected to special security measures. To regard a two seater Kitfox as a similar threat to an Airbus betrays a lack of appreciation of the "threat" by the authors of the document. The authors, who judging by the style of writing are foreign consultants, are also not aware that aircraft do not necessarily need an airstrip for landings and take-offs. Anybody with sinister motives could use any flat area, road, dirt track, or field for take-offs and landings. So, why all the costly security measures at bush strips? Can Kenya really afford this sort of thing or should a country with an annual budget of about 1.5 billion dollars concentrate a bit more on poverty alleviation and infrastructure?



The "Aerodromes Regulations' are also onerous and will make life extremely difficult for operators of airstrips. The bottom line is that, henceforth, ALL Aerodromes must be licenced by KCAA. No licence, no flying. Yet, the Kenya Government is touting the fact that it is 'reducing the number of licences required to operate in Kenya', so as to attract foreign investment. Again, no difference is made between a large airport like Wilson, and a private bush strip with one movement a month. Everybody is the same. To obtain a licence, a number of time consuming and expensive pre-requisites have been introduced, including an environmental assessment (NEMA) for all airstrips (even old ones), topographic survey, and engineering drawings. Only approved contractors can be used. Of course, there is a fee for the annual licence. Needless to say, ALL AIRSTRIPS need an aerodrome manual, approvals from various authorities, proof of financial capability, annual inspections, etc. The authors of the document again did not appreciate that the vast majority of Kenyan airstrips lie in the middle of nowhere, on a stretch of flat ground where a grader cleared the shrubs and stones. They are called 'bush strips' just like those in Alaska, Australia, Montana, New Guinea, etc. We wonder whether a lumberjack in Alaska, who wants to fly into his bush strip, is burdened by the FAA with all this stuff???



And then there is something called "Aerodrome Certification". It's not quite clear, but it seems that to obtain a clearance for more formal aerodromes, a "Certificate' is required. This applies mainly to airports used for 'public transport'. In Kenya, that would include all the Mara and Samburu lodges, municipal airports, etc. It'll be interesting to see whether the Government will undergo this Certification process with its own airports at cities, KWS parks, etc. NEMA Consultants will have a field day.



Of course, again no differentiation was made between airstrips used by light Cessna s and Cherokees, and airports used by airliners. "One-size-fits-all". It's much more simple that way, isn't it??



The "Heliport Regulations' will give our helicopter operators sleepless nights. Anybody who thought that choppers in Kenya were expensive to operate, wait one year, when the operators have to have complied.



It is evident that the three documents are grounded on ignorance of the realities. Sadly, it is the air operators, tourist, missionaries, Medevac companies.... and wanachi, who will suffer. Many airstrips, that were used to open up the country, will simply disappear. A great shame indeed.



Kenyan Aircraft Fleet Takes a Nosedive



In view of the previous three articles about the onslaught of red tape, new regulations and approval delays in the KCAA, it is perhaps not surprising that the number of aircraft registered in Kenya decreased by 15% in the last year. In June 2005, there were 385 airworthy aircraft registered in Kenya. The Civil Aviation Register published by the KCAA in June 2006 shows that there are now only 320 aircraft flying in the country. This includes some 15 or so balloons, and about a dozen helicopters. One can only guess at the reasons for this decline, but it is likely that the high costs of flying, including red tape and "compliance", fuel, landing fees, parking fees, navigation fees, passenger departure taxes, etc. is finally taking its toll. By comparison, there are over 600,000 pilots and over 100,000 single engine sports airplanes in the USA, where there are thousands of bush strips and private fields for which operators need to NEMA, no engineering drawings, no security Clearances, no nothing. In South Africa there are over 8000 aircraft in the fleet, and thousands of bush strips. Kenya could have had all that, but seems intent on 'aviation suicide' as the warnings by the Aero Club of East Africa that the fragile Kenyan aviation sector is being milked to death and regulated to extinction, are coming true. One member quipped: "KCAA?? Oh, yeah. That stands for "Kenya Committee Against Aviation". Very sad commentary.



Travel Advisories Focus on Wilson



The German and US Governments have recently issued travel advisories to their nationals, warning them that security at Wilson Airport cannot be guaranteed, especially due to inadequate controls over flights to and from Somalia. This led to an immediate and far-reaching response from the Kenyan authorities, who are concerned about the effect on the tourism sector that is presently experiencing a boom. At a hastily called meeting between the Stakeholders and the Government Security agencies on Friday 22 September 2006, a number of proposals was debated. For example, the KAA will, with immediate effect, enforce its rule that all apron employees (presumably including Government officials) must wear a fluorescent vest whilst on the Wilson ''airside'. Air crew and pilots, and passengers, are exempted from this requirement. It is not clear how fluorescent jackets will improve security and/or safety at Wilson. The garments can be purchased by everybody, including people with sinister motives, at Nakumatt for KShs. 300. Meanwhile, aircraft operators pointed out that safety at Wilson would perhaps be improved more if passengers would not be required to embark or disembark from aircraft amidst running propellers of many other aircraft that are required to taxi to the same place for a perfunctory security inspection. This suggestion received sympathetic nods but was not acted upon. However, several other conclusions at the meeting were agreed:



a) The "Terminal" at Wilson will cater only for domestic arrivals and departures. Pending completion of a new "pukka" terminal in about three years, a temporary "International'' Terminal will be established as soon as possible (probably at the hangar formerly occupied by Prestige Air Services), to cater for all passengers flying to, or arriving from, foreign countries, including Somalia. This will ensure that the international passengers cannot 'mingle' with domestic ones. Also, all international cargo will be processed in the new International Terminal. Over 90% of all cargo at Wilson Airport is "International", whilst over 90 % of all passengers are "Domestic".



b) To totally control who enters the airside of Wilson, the KAA will explore how it can man the 17 "active "gates at Wilson with its own staff. At present, hangar entrances and gates are usually manned by private security companies, but this is not considered sufficient by the authorities.



c) Airport passes must be worn by anybody on the airside, except pilots and crew. They must carry a crew card or pilot's licence with them.



d) The KCAA Briefing Office should be on the landside so that persons without apron passes can flight plan.



e) Again the threat to security and safety, posed by the Mitumba shanty town at the end of Runway 14, was lamented and a call for action made.



f) For Airport Pass Renewals, a Certificate of Good Conduct is not required. (Renewals only!). The fee for an airport pass is Shs. 750/year.



g) A call for all flights to Somalia from Wilson to be banned was opposed on the grounds that there should be no discrimination based on ethnicity.



Skydivers Club Holds Training Exercize

The Kenya Skydivers Club will hold its main student training exercize, the Annual Boogie, at Diani from 28 October to 11 November. All those who ever dreamed about jumping out of an airplane and experience freefall, should contact Harro Trempenau at 0722 810 082. The ab initial Accelerated Freefall Course involves ten jumps under supervision of two instructors. Students will learn freefall stability, opening and steering the parachute, landings, control of the body in freefall, and emergency procedures. Tandem jumps can also be made at the Sky Boogie. In over 40 years of operation in Kenya, the Kenya Skydivers Club has a perfect safety record.

Christen Eagle Up For Shared Ownership

Lars Svensson, owner of the Christen Eagle aerobatics plane (5Y-FUN) at Wilson can no longer afford to operate the Eagle by himself as costs of owning such a plane are out of all proportion. He is seeking a few enthusiasts who wish to experience aerobatics flight in a serious aircraft, under a fractional ownership scheme. Those interested in joining the group, please contact Lars Svensson at larsa.svensson@tetrapak.com

KWS.....AGAIN

After many complaints that KWS Rangers in National Parks charge Park Entrance Fees to pilots who land in parks to pick up or drop off passengers, another twist has been uncovered. KWS Rangers at Naishi and Finch Hattons do not understand what a "Landing Fee' is. The rulebook clearly states that a landing costs KShs. 500 for EACH LANDING. Rangers do not comprehend that an aircraft that has landed, is not liable for any fees for remaining in the park overnight (unlike a motor vehicle). Recently, 5Y HVT was charged a double landing fee at Naishi, because the pilot stayed at the lodge overnight and the aircraft remained at the airstrip. All pleas, logical arguments etc. went right past the KWS Ranger who didn't want to know. Please report similar incidents to the Aero Club. We will take it up with the appropriate person at KWS.



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Editor: Harro Trempenau, Chairman, Aero Club of East Africa




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The aim of the Aero Club's "Aero-News" is mainly to inform, and let members know what is happening.



Any comments, ideas, or contributions are very welcome. Persons who do not wish to receive these messages, please drop us a line at argonaut@africaonline.co.ke. If you know of anyone (member or non-member) who you think might be interested in being on the mailing list, please send us the address. We are trying to reach all pilots, aircraft operators, air traffic controllers, civil servants, and all those who have an interest in aviation and who want to see hassle-free flying grow in Kenya.

[Arnulf]

Now we are reminded again why we must belong to MISASA. So that there is a body strong enough to hopefully prevent this bullshit from happening here.

Regards,
Arnulf

[Free Spirit]

Very much the same here in the Big Sandpit. There are only 3 flying clubs and no-one is allowed to fly from the one emirate to the other. Remember that some of the emirates are as big (or as small) as Jhb. So that means you fly around the desert patch. Now build hours like this!! All you see is sand and more sand and some sea! I'm not missing the Cape wx, but I do miss the view!!!