7Obligations in relation to flight category and aeroplane requirements

7 Obligations in relation to flight category and aeroplane requirements

7.1 Subject to paragraph 7.4, each operator must conduct operations in multi-engined aeroplanes equipped for flight under the instrument flight rules (I.F.R.).

7.2 Subject to paragraphs 7.2.1, 7.2.2, 7.2.3, 7.3 and 7.4, each operator must conduct flights under the I.F.R.

7.2.1 An operator may conduct flights under the V.F.R. in Class E airspace, if:

(a) the flight is conducted in V.M.C.; and

(b) the pilot in command has, while in Class G airspace, requested air traffic control to follow I.F.R. pick-up procedures; and

(c) the pilot in command is awaiting an air traffic control clearance to operate under the I.F.R. in Class E airspace.

7.2.2 An operator and a pilot in command who conduct a flight under the V.F.R. in accordance with paragraph 7.2.1 must, if the aircraft is not climbing, ensure that it maintains an altitude appropriate to a flight under the V.F.R.

7.2.3 In all other respects, a flight to which paragraph 7.2.1 applies must be conducted as if it were a flight under the I.F.R.

7.3 An operator may conduct a flight under the V.F.R. in multi-engine aeroplanes if:

(a) the flight is by day; and

(b) the operator and the pilot in command are satisfied that the flight is not able to be conducted under the I.F.R. but can be conducted safely under the V.F.R.; and

(c) the flight crew is able to communicate at all times during the flight with:

(i) Air Traffic Control; or

(ii) Flight Service; or

(iii) the operator; or

(iv) a representative of the operator who has immediate access to a serviceable telephone; and

(d) the equipment required under paragraph 7.1:

(i) is serviceable; or

(ii) has a permissible unserviceability.

7.4 An operator may conduct flights under the V.F.R. in single engine aeroplanes equipped with the flight and navigation equipment specified in Appendix II to section 20.18, if:

(a) the flight is conducted in accordance with subparagraphs 7.3 (a) and (c); and

(b) the operator and pilot in command are satisfied that the flight can be conducted safely under the V.F.R.; and

(c) the pilot in command holds a valid command (single engine aeroplane), or command (multi‑engine aeroplane), instrument rating whether or not the pilot meets recent experience requirements set out in Civil Aviation Orders; and

(d) the flight and navigation equipment specified in Appendix II to section 20.18 is:

(i) serviceable; or

(ii) has a permissible unserviceability.