{"id":"F2007L02574","name":"CASA 288/07 - Direction - use of night vision devices prohibited in private operations","slug":"casa-288-07-direction-use-of-night-vision-devices-prohibited-in-private-operations","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":68278,"registerId":"commonwealth-F2007L02574-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA 288/07 - Direction - use of night vision devices prohibited in private operations","content":"Instrument number CASA 288/07\n\nI, Gregory Jerome Vaughan, Group General Manager, General Aviation Operations, a delegate of CASA, make this instrument under subregulation 209 (1) of the Civil Aviation Regulations 1988 (CAR 1988).\n\n\\[Signed G. J. Vaughan\\]\n\nGreg Vaughan  \nGroup General Manager  \nGeneral Aviation Operations\n\n21 August 2007\n\nDirection — use of night vision devices prohibited in private operations\n\n1 Commencement\n\nThis instrument commences on the day after it is registered.\n\n2 Revocation\n\nInstrument CASA 30/07 is revoked.\n\n3 Application\n\n(1)Subject to subsection (2), this instrument applies to each operator, and each pilot in command, of a private operation.\n\n(2)This instrument does not apply if the private operation is a night vision goggles (NVG) flight test or an NVG competency check flight under Civil Aviation Order 82.6 (CAO 82.6) that is conducted by a CASA NVG flying operations inspector.\n\n4 Direction\n\n(1)Subject to subsection (2), it is a condition of a private operation under CAR 1988 that a night vision device (NVD) must not be used in the operation as the primary means of terrain avoidance for safe air navigation by means of visual surface reference external to an aircraft.\n\n(2)NVD in the form of NVG may be used if the private operation is NVG training, other than NVG initial training, by an approved NVG operator, for a permitted NVG operation, in accordance with CAO 82.6.\n\n> Note NVG initial training has the same meaning as in CAO 82.6.\n\n(3) In this section:\n\n> night vision device, or NVD, means night vision enhancement equipment, fitted to, or mounted in or on, an aircraft, or worn by a person in the aircraft, and that can:\n\n(a) detect and amplify light in both the visual and near infra-red bands of the electromagnetic spectrum; or\n\n(b) provide an artificial image representing topographical displays.\n\n> Note CASA is conducting a controlled and monitored 12 month trial of the use of NVD in certain approved helicopter aerial work operations. Depending on the outcome of the trial, at the end of it, CASA will reconsider the prohibition on the use of NVD in private operations.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It was clearly intended as a targeted safety prohibition on night vision device use in private aviation with limited exceptions, and it remains exactly that. The note about the 12-month trial indicates the instrument was designed as a temporary measure pending further evidence, which is consistent with its original purpose."},"complexity_factors":["Short instrument (4 sections, ~250 words)","Only 3 defined terms (night vision device/NVD, with reference to external definition of 'NVG initial training')","Simple conditional structure: general prohibition with two explicit exceptions","Single cross-reference to CAO 82.6 (external instrument)","Clear scope limitation (private operations only, excluding commercial)","No nested exceptions or complex logical operators"],"plain_english_summary":"This CASA safety direction bans private (non‑commercial) pilots from using night vision devices (goggles or cameras) as their primary means of seeing the ground and avoiding terrain at night. It preserves limited exceptions for approved NVG training (not initial training) and CASA flight tests/competency checks.\n\nWhy it matters: CASA restricted private NVG reliance due to safety concerns and is awaiting further data from commercial trials, so private pilots must rely on normal visual cues and lighting for night navigation."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument revokes Instrument CASA 30/07 (s2) and sets a clear prohibition on using NVDs as the primary means of terrain avoidance in private operations while carving out narrow NVG training exceptions tied to CAO 82.6 (s3–4). It also records a CASA‑run 12‑month helicopter trial that may prompt future alteration of the prohibition (s4(3) note)."},"complexity_factors":["Cross-reference to existing instruments and rules (relies on CAR 1988 subreg 209(1) for authority and CAO 82.6 for NVG training exceptions) (instrument header; s3; s4(2))","Definition scope: 'night vision device' is broadly defined to cover devices that amplify light or provide artificial topographical imagery, which may cover multiple technologies (s4(3) definition)","Limited and technical exceptions (NVG training other than initial training, conducted by approved NVG operators for permitted operations) require checking CAO 82.6 and approval status (s4(2))","Revocation of a prior instrument (CASA 30/07) means stakeholders must compare instruments to determine net changes (s2)","Potential interpretive uncertainty over the phrase 'primary means of terrain avoidance' which could affect compliance assessments and enforcement (s4(1))","Temporal/discretionary element: CASA’s 12‑month helicopter trial and stated commitment to 'reconsider' introduces conditional future change and administrative discretion (s4(3) note)","Compliance burden falls on each operator and pilot in command of a private operation (s3(1)), requiring operational checks and possible training or procedural adjustments"],"plain_english_summary":"This CASA direction (made under CAR subreg 209(1)) bars operators and pilots conducting private operations from using night vision devices (NVDs) as the primary means of terrain avoidance, while allowing limited NVG training exceptions under CAO 82.6 (see s3–4). Operators and pilots must comply and bear any operational or training costs; CASA may revisit the rule after a monitored 12‑month helicopter trial noted in the instrument (s4(3) note)."}},"importantCases":[],"_links":{"self":"/api/acts/casa-288-07-direction-use-of-night-vision-devices-prohibited-in-private-operations","history":"/api/acts/casa-288-07-direction-use-of-night-vision-devices-prohibited-in-private-operations/history","analysis":"/api/acts/casa-288-07-direction-use-of-night-vision-devices-prohibited-in-private-operations/analysis","conflicts":"/api/acts/casa-288-07-direction-use-of-night-vision-devices-prohibited-in-private-operations/conflicts","importantCases":"/api/acts/casa-288-07-direction-use-of-night-vision-devices-prohibited-in-private-operations/important-cases","documents":"/api/acts/casa-288-07-direction-use-of-night-vision-devices-prohibited-in-private-operations/documents"}}