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

According to the Law of the Republic of Kazakhstan "About use of airspace of the Republic of Kazakhstan and activities of aircraft" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of use of airspace of the Republic of Kazakhstan.

2. Suspend Item 8 of Rules of use of airspace of the Republic of Kazakhstan till November 17, 2011, having determined that during suspension this Item is effective in the following edition:

"8. Vertical echeloning in airspace of the Republic of Kazakhstan is performed on the following semi-circular system:

1) in case of the direction of airways, local air-lines and the established routes with true traveling corners from 0 to 179 degrees echelons of flights (inclusive) are established: 900, 1500, 2100, 2700, 3300, 3900, 4500, 5100, 5700, 6300, 6900, 7500, 8100, 9100, 10100, 11100, 12100, 14100 (meters);

2) in case of the direction of airways, local air-lines and the established routes with true traveling corners from 180 to 359 degrees echelons of flights (inclusive) are established: 1200, 1800, 2400, 3000, 3600, 4200, 4800, 5400, 6000, 6600, 7200, 7800, 8600, 9600, 10600, 11600, 13100, 15100 (meters).".

3. Ceased to be valid according to the Order of the Government of the Republic of Kazakhstan of 11.09.2015 No. 774

4. Declare invalid:

1) the order of the Government of the Republic of Kazakhstan of February 28, 1997 No. 285 "About approval of the Regulations on use of airspace of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 1997, No. 9, the Art. 67);

2) the order of the Government of the Republic of Kazakhstan of January 24, 2008 No. 61 "About modification and amendments in the order of the Government of the Republic of Kazakhstan of February 28, 1997 No. 285";

3) the subitem 1) Item 1 of the order of the Government of the Republic of Kazakhstan of February 2, 2010 No. 61 "About modification and amendments in some decisions of the Government of the Republic of Kazakhstan concerning aircraft" (SAPP of the Republic of Kazakhstan, 2010, No. 9, the Art. 109).

5. This resolution becomes effective after ten calendar days from the date of the first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of May 12, 2011 No. 506

Rules of use of airspace of the Republic of Kazakhstan

1. General provisions

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;

23-1) airspace of free routing (Free Route Airspace) (further – FRA) – certain amount of controlled airspace within which users can freely plan route between certain point of entry and certain point of exit, with opportunity to lay route through intermediate traveling points, without binding to the fixed Department of Internal Affairs route network, taking into account availability of airspace;

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 (FPL) – the last flight plan provided by the pilot, the operator or his authorized representative for use by bodies of Department of Internal Affairs;

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.

3. The aircrafts of the state aircraft equipped with the state radar-tracking system of identification of the Republic of Kazakhstan carry out flights in airspace of the Republic of Kazakhstan with the switched-on equipment of the state radar-tracking system of identification.

4. These rules are applied by all state bodies of the Republic of Kazakhstan, local executive bodies of areas, cities of republican value and the capital, areas, cities of regional value, and users of airspace, and also bodies of servicing of air traffic (further - Department of Internal Affairs) or governing bodies of air traffic (further - the Department of Internal Affairs).

2. Structure and classification of airspace of the Republic of Kazakhstan

§ 1. Structure of airspace of the Republic of Kazakhstan

5. No. 650 is excluded according to the Order of the Government of the Republic of Kazakhstan of 19.10.2017

6. No. 650 is excluded according to the Order of the Government of the Republic of Kazakhstan of 19.10.2017

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;

14) FRA.

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.

7-1. Differentiation of airspace in which servicing of air traffic shall be provided is based on structure of routes of Department of Internal Affairs and the need for effective servicing.

Agreements on differentiation of the airspace lying outside national borders are reasonable when they promote provision of servicing of air traffic.

In that case when differentiation of airspace is performed taking into account frontiers, it is necessary on the basis of the arrangement with the adjacent state to establish conveniently located points of transfer of management.

7-2. The airspace of the Republic of Kazakhstan is down divided into two regions of flight information: lower and upper areas. The border between the upper and lower area is established at the height of FL of 245 (7450 m) from the level corresponding to the atmospheric pressure of 760 mm of mercury column (1013,25 of hectopascals / милибарров).

7-3. Parts of airspace in which the decision to provide with dispatching servicing flights according to the instrument flight rules (further - PPP) is made are determined as dispatching areas, areas of airfield (terminal control areas) or dispatching zones.

Those parts of controlled airspace in which the dispatching services providing also accomplishment of flights on PVP are provided are designated as airspace of classes B, C or D.

7-4. In that case when dispatching areas and dispatching zones are determined within the region of flight information, they are component of this region of flight information.

7-5. Airfields in which the decision to provide dispatching services of movement is made are determined as controlled airfields. Airfields in which dispatching servicing of airfield movement is not provided are determined as uncontrollable airfields.

7-6. Borders of the dispatching areas including, among other things, airways and terminal control areas are established so that they covered the airspace sufficient for inclusion of trajectories of those flights on PPP or their parts for which it is reasonable to provide the corresponding types of dispatching servicing of air traffic taking into account opportunities of navigation aids, as a rule, used in this area.

The lower bound of the dispatching area is established at the height at least 200 m over terrestrial or surface of the water.

The upper bound of the dispatching area, taking into account provisions of Item 37 of these rules, is established in the following cases:

1) dispatching servicing of air traffic will not be provided above this border;

2) this dispatching area is located below the upper dispatching area, and in this case its upper bound matches with the lower bound of the upper dispatching area.

7-7. Side borders of dispatching zones cover those, the parts of airspace which are not entering dispatching areas through which there pass trajectories of flights on PPP of the aircrafts which are arriving to airfields and taking off from airfields.

Side borders of dispatching zone will be spaced from the center of the relevant airfield or airfields at distance of at least 9,3 of km in the directions from where landing approaches can be made. The dispatching zone can include two or several airfields which are close located one from another.

If the dispatching zone is located within side borders of the dispatching area, it stretches up from the Earth's surface at least to the lower bound of the dispatching area. If necessary it is possible to establish the upper bound above the lower bound of the dispatching area.

7-8. Flights on PVP in parts of airspace of the classes E or G, and also flights on PPP in the parts of airspace of class G determined as airspace areas with obligatory maintaining radio communication are carried out on condition of maintaining bilateral radio communication of "air-to-ground" in the established regulations of work if other is previously not approved with body of servicing of the air traffic responsible for the specified area.

All flights of aircrafts in the airspace area with the obligatory defendant (transponder) (TMZ) shall be carried out with the included defendant (transponder) if other is previously not approved with body of servicing of the air traffic responsible for the specified area.

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.

8.  No. 650 is excluded according to the Order of the Government of the Republic of Kazakhstan of 19.10.2017

9. Borders of elements of structure of airspace are established on geographical coordinates and heights. Borders and conditions of use of elements of structure of airspace are published in documents of aeronautical information according to the Rules of providing with aeronautical information in civil aviation approved by authorized body in the field of civil aviation.

10. The list of areas (zones) of flight information and dispatching areas and their border are determined by the supplier of aeronautical servicing subordinated to authorized body in the field of civil aviation, and published in documents of aeronautical information.

Borders of terminal control areas and dispatching zones, TMZ and RMZ are developed by the supplier of aeronautical servicing and published in documents of aeronautical information.

Borders of zones of airfield movement of uncontrollable airfield are developed by the operator of airfield, approved with body of servicing of air traffic and (or) air traffic control around which responsibility there is airfield, and published in documents of aeronautical information.

Borders of areas (zones) of air traffic control match with borders of areas (zones) of flight information and dispatching areas.

FRA, its main points, borders and operating time are determined by the supplier of aeronautical servicing in coordination with authorized organization in the field of civil aviation and published in documents of aeronautical information.

For the purposes of airspace of free routing the main points are divided into the following:

1) entrance and output;

2) intermediate;

3) point of connection with arrival route;

4) point of connection with departure route.

11.  No. 650 is excluded according to the Order of the Government of the Republic of Kazakhstan of 19.10.2017

12. Airways are allowed to operation according to the Rules of the admission of airways to operation approved by authorized body in the field of civil aviation. For application of the navigation based on characteristics (PBN) on airways, the supplier of aeronautical servicing in coordination with authorized organization in the field of civil aviation, navigation specifications according to the Instruction on the organization and servicing of air traffic approved by authorized body in the field of civil aviation are established.

Opening of the international airways is performed in coordination with competent authorities of the adjacent states and International Civil Aviation Organization (further - ICAO).

Providing the equipment of airways with means of radio engineering ensuring flights is performed by the supplier of aeronautical servicing.

13. No. 650 is excluded according to the Order of the Government of the Republic of Kazakhstan of 19.10.2017

14. No. 650 is excluded according to the Order of the Government of the Republic of Kazakhstan of 19.10.2017

15. No. 650 is excluded according to the Order of the Government of the Republic of Kazakhstan of 19.10.2017

16. In case of delimitation of areas of airfields (terminal control areas) schemes of departure and landing approach, leaving on the second circle, flight in the waiting area, and also standard routes of departure on devices (SID), standard routes of arrival on devices (STAR), routes of entrance (exit) to airways are considered.

Development of the specified schemes is performed according to the Rules of production of flights in the field of civil and (or) state aviation of the Republic of Kazakhstan approved by authorized bodies in aircraft spheres.

17. No. 650 is excluded according to the Order of the Government of the Republic of Kazakhstan of 19.10.2017

17-1. For each object (polygon, shooting range, training center, pit, the field, the mine, section) on which the works connected with production of firing practice, missiles launches, explosive works, uncontrollable aerostats are carried out (except for the uncontrollable probes or aerostats specified in the subitem 5) of Item 22 of these rules) and other activities posing safety hazard of flights, the owner or the body responsible for operation of object are performed, the agreement on interaction with the Department of Internal Affairs centers in which coordination measures between the Department of Internal Affairs center and body of Department of Internal Affairs for time of the beginning and cessation of work, establishment of vertical and horizontal borders and measure for interaction are specified is drafted. The agreement on interaction is approved with the Department of Internal Affairs center and body of Department of Internal Affairs around which responsibility there is object, and affirms the responsible person (head) of object.

In case of approval of the agreement on interaction the body of Department of Internal Affairs can initiate change of vertical and horizontal borders, and also the action period for the purpose of safety in case of production of flights.

17-2. In case of accomplishment of flights using pilotless aviation systems over densely populated areas of the settlements and also specified in Item 82-1 of these rules, the operator develops, affirms and provided on approval in the Department of Internal Affairs center and body of Department of Internal Affairs in which zone of responsibility accomplishment of flights, the Instruction for interaction between the operator the BASS and the relevant center Department of Internal Affairs for the form determined by Rules of use of pilotless aviation systems in airspace of the Republic of Kazakhstan is planned.

18. Special zones of flights of the state aircraft are understood as the airspace of the established sizes intended for accomplishment of test flights, refueling in air, flights at small and extremely small heights, missiles launches, air firing practice and other special flights.

19. No. 650 is excluded according to the Order of the Government of the Republic of Kazakhstan of 19.10.2017

20. Prohibited areas are established in airspace of the Republic of Kazakhstan for protection of important state objects, key industrial complexes (nuclear power plants, nuclear and radiation objects, chemically dangerous objects, and also other especially important objects from the point of view of homeland security of the country), the protected objects from the harmful effects and destructions resulting from possible incidents in airspace. Prohibited areas are published in documents of aeronautical information.

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