ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 13, 2023 No. 294

About modification and amendments in the order of the Government of the Republic of Kazakhstan of May 12, 2011 No. 506 "About approval of Rules of use of airspace of the Republic of Kazakhstan and modification of the order of the Government of the Republic of Kazakhstan of December 31, 2010 No. 1525 and about recognition voided some decisions of the Government of the Republic of Kazakhstan"

The government of the Republic of Kazakhstan DECIDES:

1. Bring in the order of the Government of the Republic of Kazakhstan of May 12, 2011 No. 506 "About approval of Rules of use of airspace of the Republic of Kazakhstan and modification of the order of the Government of the Republic of Kazakhstan of December 31, 2010 No. 1525 and about recognition voided some decisions of the Government of the Republic of Kazakhstan" the following changes and amendments:

in the Rules of use of airspace of the Republic of Kazakhstan approved by the specified resolution:

state Items 1 and 2 in the following edition:

"1. Rules of use of airspace of the Republic of Kazakhstan are developed according to the Law of the Republic of Kazakhstan "About use of airspace of the Republic of Kazakhstan and activities of aircraft" and the Convention on the international civil aviation signed in the city of Chicago on December 7, 1944 and determine procedure for use of airspace of the Republic of Kazakhstan for the benefit of economy and defense of the country, for the purpose of requirements satisfaction of users of airspace, safety of use of airspace.

2. In these rules the following determinations are used:

1) the area of aviation works – the area designated by geographical coordinates within which aviation works as aircrafts are performed;

2) the current plan of flight – flight plan, including the possible changes caused by the subsequent dispatching permissions;

3) aerostat – the aircraft is easier than air, not set in motion by the power plant;

4) autogyro (гироплан) – the aircraft is heavier than air which is supported in flight due to air reactions, with one or several bearing screws freely rotating around the axes which are approximately in vertical position;

5) the area of airfield (the terminal control area (Terminal control area (TMA) – the dispatching area created in places of convergence of routes of servicing of air traffic in the neighborhood of one or several large airfields;

6) safety of use of airspace – the complex characteristic of established procedure of use of airspace determining it capability to provide accomplishment of all types of activity on use of airspace without threat of life and to human health, material damage to the state, citizens and legal entities;

7) use of airspace – activities in the course of which movement in airspace of different material objects is performed (aircrafts rockets and other objects), and also other activities (construction of high-rise constructions, activities in the course of which there are electromagnetic and other radiations, emission in the atmosphere of the substances worsening visibility, carrying out explosive works, etc.);

8) coordinating of use of airspace – the activities performed in planning process of use of airspace and servicing (management) of air traffic, directed to optimization of use of airspace depending on the developing air, meteorological, aeronautical situation and according to the state priorities in use of airspace;

9) the plan of use of airspace – the certain data on the planned activities represented to bodies of planning of air traffic;

10) planning of use of airspace – the activities performed for the purpose of providing allowing and notifying procedure for use of airspace, air traffic management, flows of air traffic by distribution of airspace in the place, time and height between its users according to the state priorities;

11) structure of airspace – set of the elements of airspace limited in the vertical and horizontal plane intended for implementation of activities for use of airspace;

12) route of servicing of air traffic (further – Department of Internal Affairs) – the established route which is intended for the direction of flow of movement for the purpose of ensuring servicing of air traffic. The term "route of Department of Internal Affairs" is used for designation in appropriate cases of the airway, supervised or uncontrollable route, route of arrival or departure and other routes;

13) the service area of air traffic – airspace of the established sizes in which borders servicing of air traffic on airways and routes out of them is performed by the dispatcher of district dispatch center;

14) zone of airfield movement (Aerodrome Traffic Zone) – the airspace of certain sizes around airfield established for safety of airfield movement;

15) bodies of air defense (further – bodies of air defense) – operational bodies of Armed Forces of the Republic of Kazakhstan to which the task of execution of alert on air defense is assigned;

16) longitudinal echeloning – dispersion of aircrafts at one height on the established intervals on time or distance along the line of way;

17) side echeloning – dispersion of aircrafts at one height on the established intervals on distance or angular shift between their lines of way;

18) the Briefing group – the structural division of body of servicing of air traffic providing planning feature of air traffic and predpoletno-information servicing;

19) the dispatching area (CTA) – the controlled airspace stretching up from the border established over the land surface;

20) dispatching zone (CTR) – the controlled airspace stretching up from the land surface to the established upper bound;

21) dispatching permission – the permission issued by body of servicing of air traffic to crew of the aircraft, connected with accomplishment of flight and proved by the corresponding conditions and statutory rules of flights;

22) dispatching specifying – the directions of body of servicing of air traffic ordering to the pilot to perform specific actions in specific situation;

23) the airship – the aircraft is easier than air, set in motion by the power plant;

24) zone (area) of responsibility – airspace of the established sizes within which bodies of servicing of air traffic (air traffic control) perform the functions;

25) the airspace area with the mandatory requirement of availability of the defendant (transponder) (TMZ) – the airspace area of certain sizes in which when flying equipment of aircrafts by the defendant for watch systems exploited according to the established procedures surely is required;

Weeds 26) outside direct visibility (BVLOS) – type of flight of the pilotless aircraft in case of which the pilotless aircraft is out of permanent direct visual contact or outside distance at which the external pilot or the operator has opportunity to control location of the pilotless aircraft visually and trajectory of flight of the pilotless aircraft in relation to other aircrafts, people and obstacles in order to avoid collisions;

27) air passage of flight of Frontier of the Republic of Kazakhstan – the part of airspace over Frontier of the Republic of Kazakhstan determined for crossing by its aircrafts which are carrying out the international flights;

28) system of remote identification – the system providing local broadcast of information on the pilotless aircraft in the course of flight accomplishment;

29) the repeating flight plan (RPL) – the flight plan connected with row of often repeating, regularly carried out separate flights with identical main features which are provided by the operator for storage and reuse by bodies of Department of Internal Affairs;

30) estimated time of cleaning of blocks – estimated time when the aircraft begins the movement connected with departure;

31) products of dual purpose – products which owing to the properties and technical features can be used for the purposes of creation of weapons of mass destruction and means of its delivery;

32) additional regular flight – the flight performed by airline in addition to the regular flight along the same aviaroute in one date;

33) short-term restriction – prohibition or restriction of use of part of airspace for ensuring safe accomplishment of flights of aircrafts;

34) the airspace area with obligatory maintaining radio communication (RMZ) – the airspace area of certain sizes in which when flying availability onboard the equipment for the maintaining two-way radio communication operated according to the established procedures is obligatory;

35) the airspace area for flights of pilotless aircrafts (UFZ – unmanned flight zone) – the special airspace area of certain sizes intended for accomplishment of flights by pilotless aircrafts;

36) zone of restriction of flights of pilotless aircrafts – part of airspace of the established sizes over the territory of the Republic of Kazakhstan within which flights of pilotless aircrafts are limited to certain conditions;

37) the request for use of airspace for accomplishment of flights using pilotless aviation systems – the document of the established form submitted by users of airspace for the purpose of safety of implementation of the activities connected with use of airspace in case of accomplishment of flights using pilotless aviation systems;

38) the pilotless aircraft (further – BVS) – the aircraft which is operated or is intended for autonomous work and (or) remote control without pilot onboard;

39) pilotless aviation system (further – the BASS) – the pilotless aircraft and the related elements (including the communication channels and components managing the pilotless aircraft) which are necessary for safe and effective operation of the pilotless aircraft in airspace;

40) glider – the aircraft is heavier than air, not set in motion by the power plant which carrying power is created generally due to aerodynamic reactions on the surfaces remaining motionless in these flight conditions;

Weeds 41) within radio visibility (RLOS) – flight of the pilotless aircraft in case of which the transmitter(s) and the receiver(s) used for flight control are in limits of the action area of the joint line of radio communication;

Weeds 42) outside radio visibility (BRLOS) – flight of the pilotless aircraft in case of which the transmitter(s) and the receiver(s) used for flight control are not in limits of the action area of the joint line of radio communication;

Weeds 43) within direct visibility (VLOS) – type of flight of the pilotless aircraft in case of which the external pilot or the operator can support permanent visual contact with the pilotless aircraft without assistance at distance no more than 500 meters from location of the external pilot or the operator across and to control trajectory of flight of the pilotless aircraft in relation to other aircrafts, people and obstacles in order to avoid collisions;

44) vertical echeloning – dispersion of aircrafts on height on the established intervals;

45) representation on establishment of the temporary modes – the application for establishment of the temporary modes submitted by users of airspace for introduction of prohibition or restriction of activities of other users of airspace for the purpose of safety of implementation of the activities connected with use of airspace;

46) the provided flight plan – flight plan in that form in what it is presented to body of Department of Internal Affairs by the pilot or his authorized representative without any subsequent changes;

47) zone of flight information (FIZ) – part of the region of flight information in which borders the airfield service of flight information (AFIS) or other body according to the delegated powers provide flight and information servicing and the emergency notification;

48) estimated arrival time:

when flying on devices – estimated arrival time of the aircraft in the planned point designated by navigation aids with which accomplishment of maneuver of landing approach on devices is supposed, or in the absence of the navigation aid connected with this airfield – arrival time of the aircraft to point over airfield;

in case of accomplishment of flights according to the visual flight rules (further – PVP) – estimated arrival time of the aircraft in point over airfield;

49) flight altitude – distance down from certain level to the aircraft;

50) flight route – the projection of the set (established) trajectory of flight of the aircraft to land (water) surface determined by the main Items;

51) the region of flight information (FIR) – airspace of certain sizes within which flight and information servicing and the emergency notification are provided;

52) the international airway – the airway open for the international flights;

53) echeloning – vertical, longitudinal or side dispersion of aircrafts in airspace on the established intervals;

54) NOTAM office – the structural division of the supplier of aeronautical servicing issuing the notice of NOTAM;

55) the notice of NOTAM – the notice containing information on enforcement, condition or change of any aeronautical equipment, servicing and rules, and also on dangers, the timely prevention of which is important for the personnel connected with accomplishment of flights and also other aeronautical information.";

state Item 7 in the following edition:

"7. The structure of airspace includes the following elements:

1) regions (zones) of flight information and dispatching areas;

2) routes of servicing of air traffic;

3) terminal control areas, dispatching zones and zones of airfield movement;

4) regions of uncontrollable airspace;

5) special zones of flights of the state aircraft;

6) prohibited areas;

7) danger areas;

8) zones of restriction of flights;

9) airways;

10) airspace areas with the mandatory requirement of availability of the defendant (transponder) (TMZ);

11) airspace areas with obligatory maintaining radio communication (RMZ);

12) zone of restriction of flights of pilotless aircrafts;

13) the airspace area for flights of pilotless aircrafts.

Certain parts of airspace and certain airfields on which the decision on ensuring servicing of air traffic is made shall be designated according to type of servicing of air traffic.";

add with Item 7-9 of the following content:

"7-9. Borders of airspace areas for flights of pilotless aircrafts (UFZ – unmanned flight zone) are established within administrative borders of the cities of republican and regional value from the land surface up to the height of 200 meters, except for prohibited and danger areas, zones of restrictions of flights and zones of restrictions of flights of pilotless aircrafts.

Borders of airspace areas for flights of pilotless aircrafts are established according to the procedure given in appendix 3-1 to these rules.

All flights of pilotless aircrafts within airspace areas for flights of pilotless aircrafts shall be carried out with the included system of remote identification.";

state Item 17-2 in the following edition:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info