Civil Aviation Order 82.6 (Night vision imaging system — helicopters) 2007

Part 1A Introduction

1A Name of instrument

This instrument is Civil Aviation Order 82.6 (Night vision imaging system — helicopters) 2007.

1C Transitional

An instrument issued before the commencement of this Order that has the effect of authorising use of night vision goggles (NVIS) is revoked to the extent that the instrument relates to the use of NVIS.

Part 1 — Preliminary matters

1 Definitions

In this Order:

adverse event means any event or incident in which life, health or property is:

(a) lost or damaged in, on or by a helicopter in which NVIS are used; or

(b) at significant risk of loss or damage in, on or by a helicopter.

Note The following are some examples of significant risks: a near miss; NVIS equipment failure, malfunction or abnormal operation; the failure, malfunction or abnormal operation of NVIS-related or affected equipment; unintentional I.M.C. penetration; inadvertent loss of visibility; abnormal degree or accelerated onset of fatigue.

aerial fire fighting means an operation, in an operational area for a fire, to fight the fire from the air using:

(a) a flight crew of 2 pilots, or at least 1 pilot and 1 aircrew member; and

(b) either:

(i) a helicopter from which incendiaries for controlled burning are dropped by means of a device operated by a person specifically carried for that purpose (incendiary dropping) provided that the operation is supported by an operational safety case approved in writing by CASA; or

Note If acceptable to CASA, an operational safety case may be in the form of, or include, relevant additions or supplements to the operator’s operations manual for the aerial fire fighting.

(ii) a helicopter in accordance with clause 3C in Appendix 3.

aerial fire fighting support means an operation for:

(a) the tactical insertion or extraction of firefighting crews in an operational area for a fire; or

(b) the carriage of persons to map, locate or observe fires, or to control or direct firefighting operations.

Note In this Order, aerial fire fighting support does not include aerial fire fighting in the form of, for example, water bombing.

aided flight means a flight in which NVIS are used in an operational position by trained personnel to enhance night vision.

Note Aided flight is associated with the procedure of goggle-up where the crew member places NVIS in the operational position.

aircrew member means a crew member of a helicopter (other than a supernumerary crew member) assigned by the operator:

(a) to assist the pilot in the operation of the helicopter; or

(b) to operate the winch on the helicopter; or

(c) to supervise rappelling or sling load operations; or

(d) to supervise or assist a medical, paramedical or rescue crew member in the performance of his or her duties on the helicopter; or

(e) to use an auto-hover system to position, or reposition, the helicopter by inputs to an auto-hover trim control (this is known as crew hover).

approved operator means an operator who has the approval mentioned in subparagraph 1 (c) (iii) of Appendix 1 to use NVIS.

CAR 1988 means the Civil Aviation Regulations 1988.

CASR 1998 means the Civil Aviation Safety Regulations 1998.

conforming HLS means a HLS that:

(a) conforms to the guidelines contained in CAAP 92-2(2) for a Secondary HLS, as if those guidelines applied for an NVIS operation; or

(b) under the requirements of a risk assessment prepared by an NVIS operator for a particular operation, has a level of safety at least equivalent to that arising under subparagraph (a).

de-goggle means the action of transferring from NVIS flight to non-NVIS (unaided) flight by removing the NVIS from a usable position.

Note The expression is also used as a command and is opposite to goggle-up.

Department of Defence support means an operation, carried out by a civilian NVIS operator, which meets each of the following requirements:

(a) the operation is:

(i) approved in writing by the Department of Defence (DoD) as being in support of the functions of the DoD; and

(ii) provided at the request of the DoD; and

(iii) carried out under a written agreement with the DoD;

(b) the operation is for 1 or more of the following:

(i) aerial surveillance, or assisting with aerial surveillance;

(ii) aerial photography, or assisting with aerial photography;

(iii) retrieval, or assisting in the retrieval, of inanimate objects.

devoid of surrounding cultural lighting means that at 500 ft above the terrain, and any object on it, in an area there is insufficient ground lighting to maintain an unaided visible horizon.

disaster or emergency relief means an operation:

(a) by an operator who has been requested, by the government of a State or Territory which has declared a disaster or a state of emergency, to carry out an operation requiring use of NVIS to assist in controlling, mitigating or managing the effects of the disaster or emergency; and

(b) that is not otherwise an NVIS operation under this Order.

emergency medical services means an operation where transportation is required to facilitate emergency or medical assistance by an aircraft carrying 1 or more of the following:

(a) medical personnel;

(b) medical supplies (including equipment, blood, organs or drugs);

(c) ill or injured persons, and other persons directly involved in, or associated with, their retrieval or care.

FAA means the Federal Aviation Administration of the United States.

fire mapping, as a form of aerial fire fighting support, means the carriage of 1 or more persons to map, locate or observe fires.

GNSS means the Global Navigation Satellite System.

goggle-up means the action of transferring to NVIS flight by placing the NVIS in a position where it may be used by the crew.

Note The expression is also used as a command and is opposite to de-goggle.

head of operations for a Part 141 operator, has the same meaning as in Part 141 of CASR 1998.

Note The head of operations (however described) is one of the key personnel for a Part 141 operator. See regulation 141.020 of CASR 1998.

head of operations for a Part 142 operator, has the same meaning as in Part 142 of CASR 1998.

Note The head of operations (however described) is one of the key personnel for a Part 142 operator. See paragraph 142.025 (b) of CASR 1998.

HLS means a helicopter landing site.

HLS-NVIS standard means a HLS that:

(a) subject to subparagraphs (b) and (c), is a conforming HLS; and

(b) is unlit; and

(c) is not required to have a wind direction indicator.

HLS operations for a helicopter means:

(a) take off or landing at a HLS; or

(b) operations at a HLS that do not involve a landing on skids or wheels; or

(c) HLS similar operations:

(i) that are approach to the hover, winching, sling load operations, rappelling, hovering, deplaning, emplaning or similar types of operations; and

(ii) for the conduct of which each relevant crew member is qualified.

IFR capable, for a helicopter, means that the aircraft is:

(a) equipped for IFR flight in accordance with the regulations; and

(b) operated by a crew who meet the relevant requirements for IFR flight under Part 61 of CASR 1998.

incendiary dropping, as a form of aerial fire fighting, means using incendiaries for controlled burning dropped from a helicopter by a person specifically carried for that purpose.

law enforcement, for an operation, means an operation for the enforcement of the laws applying in Australian territory, including, customs, waterways or border protection laws.

lowest safe altitude, or LSALT, has the same meaning as in the CASR Dictionary.

Note Under Part 1 of the CASR Dictionary, lowest safe altitude (LSALT) has the same meaning as in the AIP.

marine pilot transfer means an operation, in accordance with Civil Aviation Order 95.7.3, to transfer a marine pilot from:

(a) land to ship; or

(b) ship to land or

(c) ship to ship.

minimum NVIS crew means the minimum number of NVIS pilots and NVIS crew members required for a particular flight or operation.

Note CASA approval is not required for a person to use NVIS only for observation or surveillance that is not the primary means of terrain avoidance for safe air navigation using visual surface reference external to the aircraft. However, a person engaged in such unapproved use is not part of the minimum NVIS crew.

MOS means Manual of Standards.

NVD, or night vision device, 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:

(a) detect and amplify light in both the visual and near infra-red bands of the electromagnetic spectrum; or

(b) provide an artificial image representing topographical displays.

NVFR means night visual flight rules.

NVFR capable, for a helicopter, means that the aircraft is:

(a) equipped for flight in night VMC in accordance with the regulations; and

(b) operated by a crew who meet the relevant requirements for NVFR flight under Part 61 of CASR 1998.

NVIS, or night vision imaging system, means a self-contained binocular night vision enhancement device, usually including goggles, that:

(a) is helmet mounted or otherwise worn by a person; and

(b) can detect and amplify light in both the visual and near infra-red bands of the electromagnetic spectrum.

NVIS aircrew member means a person who:

(a) has successfully completed NVIS aircrew member training and is qualified in accordance with this Order; or

(b) is an NVIS aircrew member instructor.

Note An NVIS pilot, NVIS flight instructor, NVIS flight examiner or a CASA FOI may qualify as an NVIS aircrew member or an NVIS aircrew member instructor by complying with the relevant training and competency requirements of Appendix 3.

NVIS aircrew member instructor means an NVIS aircrew member qualified in accordance with this Order to instruct NVIS aircrew members.

NVIS basic HLS means a HLS that conforms to the guidelines contained in CAAP 92-2(2) for a Basic HLS, as if those guidelines applied to an NVIS operation.

NVIS CCF, or NVIS capability check flight means a periodic check of the capability of an NVIS aircrew member in accordance with this Order.

NVIS checking pilot has the same meaning as in subclause 17.2 in Appendix 3.

NVIS compatible lighting means aircraft interior or exterior lighting with spectral wavelength, colour, luminance level and uniformity, that has been modified, or designed for use with NVIS, and does not degrade or interfere with the image intensification capability performance of the NVIS beyond acceptable standards.

NVIS competency training means training undertaken by an NVIS pilot, or an NVIS aircrew member, for NVIS flight in accordance with the relevant training requirements and competency standards mentioned in this Order.

NVIS co-pilot means a person who:

(a) is the holder of an NVIS rating with an NVIS endorsement in accordance with Part 61 of CASR 1998; and

(b) is not an NVIS PIC, an NVIS PICUS or an NVIS pilot dual.

NVIS flight examiner means:

(a) a person who, in accordance with Part 61 of CASR 1998, is the holder of:

(i) an NVIS rating with an NVIS endorsement; and

(ii) a flight examiner rating with an NVIS flight test endorsement; or

(b) a CASA NVIS FOI.

NVIS flight instructor means a person who, in accordance with Part 61 of CASR 1998, is the holder of:

(a) an NVIS rating with an NVIS endorsement; and

(b) a flight instructor rating with an NVIS rating training endorsement.

NVIS flight time means time spent in NVIS-aided flight by an NVIS aircrew member, an NVIS pilot or a person receiving NVIS flight training, during an NVIS operation.

Note NVIS flight time should be logged in the specialist column of the aircrew flying log book.

NVIS FOI means a CASA flying operations inspector appointed in writing to carry out some, or all, of the duties of an NVIS flight examiner.

NVIS initial training means training to qualify a person for an NVIS aircrew member qualification.

NVIS operation means 1 or more of the following operations under the VFR or the IFR using NVIS as the primary means of terrain avoidance for safe air navigation by means of visual surface reference external to an aircraft:

(a) search and rescue;

(b) law enforcement;

(c) aerial fire fighting;

(d) aerial fire fighting support;

(e) emergency medical services;

(ea) disaster or emergency relief;

(f) marine pilot transfer;

(fa) Department of Defence support;

(g) pilot training for 1 or more of the operations mentioned in paragraphs (a) to (f);

(h) an NVIS flight for demonstrating NVIS technology;

(i) a positioning flight for an operation mentioned in paragraphs (a) to (f);

(j) training, testing and proficiency checking in accordance with Part 61 of CASR 1998 for an NVIS rating or endorsement;

(k) NVIS competency training for:

(i) an NVIS pilot conducted by an NVIS operator’s TCO or Part 142 operator in accordance with this Order; or

(ii) an NVIS aircrew member conducted by an NVIS operator’s TCO in accordance with this Order.

(l) training and testing for a person to qualify as an NVIS aircrew member in accordance with this Order for 1 or more of the operations mentioned in paragraphs (a) to (f);

(m) an NVIS CCF for an NVIS aircrew member in accordance with this Order.

NVIS operator means an operator approved by CASA under clause 2 of Appendix 1 to conduct 1 or more NVIS operations, and whose approval has not been suspended or surrendered.

NVIS pilot means a person who is the holder of an NVIS rating with an NVIS endorsement in accordance with Part 61 of CASR 1998.

NVIS proficiency check means a proficiency check of an NVIS pilot in accordance with the requirements under Part 61 of CASR 1998 for such a check.

NVIS training pilot has the same meaning as in subclause 17.1 in Appendix 3.

old NVG training provider means an NVIS operator who:

(a) immediately before 1 September 2014 — was, in Australia, an “NVG training provider” within the meaning of that expression as defined in subsection 1 of this Order as in force immediately before 1 September 2014; and

(b) is approved in writing by CASA, on or after 23 December 2016, for this definition.

operator means an AOC holder, a Part 141 operator or a Part 142 operator.

Part 141 certificate has the same meaning as in Part 141 of CASR 1998.

Part 141 operator means the holder of:

(a) a Part 141 certificate under which Part 141 flight training for an NVIS rating or NVIS endorsement is approved; or

(b) a CASA approval under regulation 141.035 of CASR 1998 for Part 141 flight training for an NVIS rating or NVIS endorsement.

Part 142 authorisation has the same meaning as in Part 142 of CASR 1998.

Part 142 operator means the holder of a Part 142 authorisation under which Part 142 flight training for an NVIS rating or NVIS endorsement in multi-crew operations is authorised.

resolution means the capability of NVIS to present an image that makes clear and distinguishable the separate components of a scene or object.

RTCA/DO-275 means the document titled Minimum Operational Performance Standards for Integrated Night Vision Imaging System Equipment, referenced RTCA/DO-275, dated 12 October 2001, of RTCA Inc., Washington, USA.

search and rescue means an operation by an aircraft to search, locate, rescue, or provide immediate assistance to, a person threatened by a grave and immediate danger or a hostile environment.

system, for NVIS, means the system in which all of the elements required to operate an aircraft effectively and safely using NVIS are integrated, including NVIS and associated equipment, NVIS compatible lighting, other associated aircraft components and equipment, associated training and recency requirements and continuing airworthiness.

Note NVIS is synonymous with aviator night vision imaging systems, sometimes called ANVIS.

the regulations means CASR 1998 and CAR 1988.

TCO, or training and checking organisation, means a training and checking organisation approved by CASA under subregulation 217 (1) of CAR 1988 for this Order.

TSO means Technical Standard Order of the FAA.

unaided flight means the NVIS is in a non-operational position when night vision is not being enhanced by any other means.

Note Unaided flight is associated with the de-goggle procedure where the crew member places the NVIS in the non-operational position.

use, in relation to NVIS, means use as the primary means of terrain avoidance for safe air navigation by means of visual surface reference external to the aircraft.

1A Clarifying definition

In this Order, to remove doubt, the abbreviations IFR, IMC, VFR and VMC have the same meaning as I.F.R., I.M.C., V.F.R., and V.M.C., respectively.

Part 2 — Directions and exemptions

2 Direction — instruments and equipment

Under subregulation 207 (2) of CAR 1988, for a helicopter in an NVIS operation, CASA approves NVIS equipment that complies with all of the requirements of this Order and, for the NVIS operation, CASA directs NVIS equipment be used only in accordance with this Order.

3 Direction — operations manual

3.1 Under subregulation 215 (3) of CAR 1988, CASA makes the directions that appear in this Order with respect to an operator’s operations manual.

3.2 For a relevant NVIS pilot training operation, the operations manual of a Part 141 operator or a Part 142 operator must contain a statement that the operator must comply with, and ensure compliance with, its operations manual as a Part 141 operator or its exposition as a Part 142 operator.

4 NVIS operators — provision of a TCO or a Part 142 operator

4.1 Subject to paragraph 4.2, for subregulation 217 (1) of CAR 1988, CASA specifies that an NVIS operator must provide a TCO to ensure that each of the operator’s NVIS pilots maintains his or her competency.

4.2 Paragraph 4.1 does not apply to an NVIS operator who uses a Part 142 operator to ensure that each of the NVIS operator’s NVIS pilots maintains his or her competency.

4.3 For subregulation 217 (1) of CAR 1988, CASA specifies that an NVIS operator who uses an NVIS aircrew member in an NVIS operation must provide a TCO to ensure that each of the NVIS aircrew members maintains his or her competency.

5 Direction — operations manual

For subsection 4, the operations manual of an NVIS operator must:

(a) state whether it provides or uses a TCO or a Part 142 operator, and identify the TCO or Part 142 operator; and

(b) specify the training and checking carried out by the TCO or the Part 142 operator to ensure that each of its NVIS pilots maintains his or her competency; and

(c) if a Part 142 operator is used — state the basis of the NVIS operator’s relationship with the Part 142 operator for the provision of the training and checking mentioned in paragraph (b).

6 Exemption — minimum height for VFR flights at night

Under regulation 11.160 of CASR 1998 , the pilot in command of a helicopter who holds an NVIS rating is exempt from compliance with subregulation 174B (1) of CAR 1988 if:

(a) he or she is engaged in:

(i) an NVIS operation other than aerial fire fighting support; or

(ii) aerial fire fighting support that is limited to the carriage of persons to map, locate, or observe fires (fire mapping) in an operation based on the operator’s safety case and approved in writing by CASA; and

Note If acceptable to CASA, an operational safety case may be in the form of, or include, relevant additions or supplements to the operator’s operations manual for the aerial fire fighting support.

(b) he or she uses NVIS for the operation in accordance with this Order and the operator’s operations manual; and

(c) it is operationally necessary to fly below the relevant LSALT that would apply but for this exemption.

6A Exemption — minimum height for IFR flights at night

Under regulation 11.160 of CASR 1998, the pilot in command of a helicopter who holds an NVIS rating is exempt from compliance with regulation 178 of CAR 1988 if:

(a) he or she is engaged in:

(i) an NVIS operation under the IFR, other than aerial fire fighting support; or

(ii) aerial fire fighting support, under the IFR, that is limited to the carriage of persons to map, locate, or observe fires (fire mapping) in an operation, based on the operator’s safety case, and approved in writing by CASA; and

Note If acceptable to CASA, an operational safety case may be in the form of, or include, relevant additions or supplements to the operator’s operations manual for the aerial fire fighting support.

(b) he or she uses NVIS for the operation in accordance with this Order and the operator’s operations manual; and

(c) it is operationally necessary to fly below the relevant LSALT that would apply but for this exemption; and

(d) the NVIS operation is conducted in VMC in accordance with:

(i) clause 10 in Appendix 3 of this CAO; and

(ii) either:

1. instrument CASA 143/10, as if it applied to the operation; or
2. clauses 10A and 11 in Appendix 3 as if they applied to the operation — but only to the extent that such compliance would be inconsistent with a distance for flight visibility, or vertical and horizontal distances from cloud, specified in instrument CASA 143/10.

6B Exemption — distance for flight visibility and distance from cloud

6B.1 Under regulation 11.160 of CASR 1998, the pilot in command of a rotorcraft in an NVIS operation under the VFR is exempt from subregulation 172 (2) of CAR 1988 but only to the extent mentioned in paragraph 6B.2.

6B.2 For paragraph 6B.1, the exemption extends only to the extent that compliance with a distance for flight visibility or vertical and horizontal distances from cloud, under clauses 10A and 11 in Appendix 3, would be inconsistent with a distance for flight visibility, and vertical and horizontal distances from cloud, specified in instrument CASA 143/10.

Note Instrument CASA 143/10 is relevantly made under subregulation 172 (2A) of CAR 1988 for paragraphs 172 (2) (a) and (b).

7 Exemption — navigation lights

Under regulation 11.160 of CASR 1998, the NVIS operator and the pilot in command of a helicopter in an NVIS operation are each exempt from compliance with subregulation 195 (1) of CAR 1988 for a navigation lighting requirement of Part 13 of CAR 1988 if he or she is complying with a lighting requirement of this Order that is at variance with the requirement of Part 13.

Note The pilot in command should put a note in the free text section of the flight notification to advise air traffic control that he or she is goggle equipped and may be operating without displaying lights.

7A Exemption — carriage of passengers in NVIS operations

Under regulation 11.160 of CASR 1998, the pilot in command of a helicopter in an NVIS operation is exempt from compliance with regulation 249 of CAR 1988 but only to the extent that, if a passenger is carried, the carriage must be solely for the purposes of, and strictly in accordance with, the requirements of this Order.

Part 3 — AOC holders, Part 141 operators and Part 142 operators

8 AOC condition and Part 141 operator direction

8.1 Subject to subsection 8A, for paragraph 28BA (1) (b) of the Act, an AOC is subject to the condition that the AOC holder must comply with this Order for the use of NVIS.

8.2 Under regulation 11.245 of CASR 1998, a Part 141 operator must not use NVIS unless the operator complies with this Order for the use of NVIS.

8.3 This Order does not affect the operation of any other Civil Aviation Order.

8A Alternative AOC conditions for aerial fire fighting or aerial fire fighting support

8A.1 This subsection applies only for an NVIS operation that is each of the following:

(a) aerial fire fighting or aerial fire fighting support (a relevant operation);

(b) conducted by an AOC holder in a foreign-registered aircraft (the relevant operator);

(c) carried out by crew members holding foreign licences, ratings, endorsements and qualifications, however described, that permit the conduct of operations equivalent to a relevant operation, in the State of registry of the aircraft (the relevant State).

8A.2 CASA may approve, in writing, the relevant operator for a relevant operation as if the relevant provisions of this Order, including subclause 2.2 of Appendix 1, had been complied with, provided that:

(a) CASA is satisfied that the relevant operator and the crew members comply with alternative AOC conditions in accordance with this subsection; and

(b) the relevant operator provides CASA with a satisfactory safety case for the conduct of the relevant operations; and

(c) the relevant operator provides CASA with its operations manual which must include provisions for the conduct of a relevant operation.

8A.3 Subject to paragraph 8A.4, alternative AOC conditions for a relevant operation are the AOC conditions set out in this Order, as modified so that conditions in relation to the following:

(a) the licensing, competency, proficiency and recency of crew members;

(b) the training and checking of crew members;

(c) the maintenance of NVIS equipment;

do not apply to the relevant operator or the crew members.

8A.4 Paragraph 8A.3 applies for a relevant operator only if:

(a) CASA is satisfied (as expressed in writing), that the requirements in subparagraphs 8A.5 (a), (b) and (c):

(i) are complied with; and

(ii) would be likely to achieve the same degree of aviation safety as would otherwise be achieved if this subsection did not apply; and

(b) the requirement in subparagraph 8A.5 (d) is met.

8A.5 For paragraph 8A.4, the requirements are:

(a) each flight crew member must hold such foreign licences, ratings and endorsements as qualify the member to use NVIS in operations equivalent to a relevant operation, in the relevant State; and

(b) each aircrew member must hold such foreign qualifications as would qualify the member to participate in operations equivalent to a relevant operation, in the relevant State; and

(c) each crew member must be subject to such a foreign regime of training, checking, competency and proficiency as would permit the member to carry out operations equivalent to a relevant operation, in the relevant State; and

(d) the NVIS equipment must be maintained:

(i) by an organisation that CASA has determined in writing is equivalent to an organisation mentioned in subclause 3A.5 of Appendix 3; or

(ii) as otherwise determined in writing by CASA.

8A.6 An instrument mentioned in subclause 8A.5 must be expressed to expire not later than 12 months after it is issued.

Note CASA may use a single instrument to express the approval under paragraph 8A.2, the satisfaction under paragraph 8A.4, and the determination or approval under subparagraph 8A.5 (d).

9 Conditions for use of NVIS by an AOC holder, a Part 141 operator or a Part 142 operator

9.1 An AOC holder (the holder) may only use a night vision device that is in the form of NVIS and the use may only be in accordance with this Order and the holder’s operations manual.

9.2 A Part 141 operator (the operator) may only use a night vision device that is in the form of NVIS and the use may only be in accordance with:

(a) this Order; and

(b) the operator’s operations manual.

9.3 A Part 142 operator (the operator) may only use a night vision device that is in the form of NVIS and the use may only be in accordance with:

(a) this Order; and

(b) the operator’s exposition as an operator; and

(c) the operator’s operations manual.

Appendix 1

Use of NVIS

1 Restricted use of NVIS

NVIS may only be used in an NVIS operation:

(a) in accordance with this Order; and

(b) by an operator who has prepared an NVIS risk assessment; and

(c) if the operator:

(i) complies with the directions in Appendix 2, or with any other directions issued by CASA under subregulation 215 (3) of CAR 1988, about the information, procedures and instructions to be included, revised or varied in the operator’s operations manual; and

(ii) ensures compliance with the operations manual; and

(iii) has the written approval of CASA to use NVIS in accordance with clause 2 and the approval has not been suspended or revoked under clause 3.

Note 1 Directions are set out in this Order. CASA may issue other directions under subregulation 215 (3) of CAR 1988 to individual operators of its own volition or on request.

Note 2 Under subregulation 215 (9) of CAR 1988, each member of an operator’s operations personnel must comply with all instructions in the operations manual insofar as they relate to the person’s duties and activities.

Note 3 Each Part 141 operator and Part 142 operator must ensure that every member of the operator’s operations personnel complies with, in the case of a Part 142 operator, all instructions in the operator’s exposition or, in the case of a Part 141 operator, the operations manual, insofar as the instructions relate to the person’s duties and activities.

2 Approval to use NVIS

2.1 An operator may apply to CASA in writing for approval to use NVIS in accordance with this Order.

2.2 CASA may issue the approval only if the operator demonstrates that it complies with the requirements of this Order.

2.3 An approval may be issued subject to conditions that are necessary in the interests of safety.

3 Suspension, revocation or variation of approval

3.1 An approval stops having effect if:

(a) it is suspended or revoked by CASA; or

(b) the operator tells CASA in writing that the operator wants to surrender the approval.

3.2 If the approval is revoked or surrendered, the operator must return the approval instrument to CASA within 14 days.

3.3 CASA may vary, suspend or revoke an approval if:

(a) the operator does not comply with:

(i) this Order, including any conditions mentioned in the operator’s approval under clause 2; or

(ii) the operations manual; or

(b) CASA is refused access to the operator to assess its continued compliance with this Order or with the conditions of its approval.

3.4 To avoid doubt, in this clause “revoke” has the same meaning and effect as “cancel”.

4 Reserved

5 NVIS operations

5.1 An NVIS operation must be conducted at, or above, LSALT unless permitted otherwise in accordance with this Order.

Note Subsection 6 contains an exemption in relation to minimum height for VFR flights at night. Subsection 6A contains an exemption in relation to minimum height for IFR flights at night.

5.3 Except when undergoing training by a Part 141 operator or a Part 142 operator for an NVIS rating or endorsement, a pilot who manipulates the flight controls of a helicopter may only use NVIS if he or she:

(a) holds an NVIS rating with an NVIS endorsement; and

(b) complies with the requirements of this Order and the operator’s operations manual.

5.5 An aircrew member who is directly involved in an air navigation or terrain avoidance function of a helicopter may only use NVIS in accordance with this Order and the operator’s operations manual.

Note This requirement does not apply where NVIS are used by an appropriately trained person for observation or surveillance which is not the primary means of terrain avoidance for safe air navigation using visual surface reference external to the aircraft.

6 NVIS aircrew member — training

Only an NVIS aircrew member instructor may instruct an aircrew member for an NVIS aircrew member qualification.

Note See Part 4 of Appendix 3 for the requirements to be met to hold an NVIS qualification.

7 NVIS aircrew member — prerequisites for training

Before commencing NVIS aircrew member training with an operator, a person must meet the prerequisite requirements mentioned in Part 6 of Appendix 3 of this Order.

8 Reserved

9 NVIS aircrew member — endorsements

9.1 An applicant may obtain an NVIS aircrew member qualification only by a log book endorsement entered by an NVIS aircrew member instructor of an NVIS operator’s TCO.

9.2 Subject to clause 10, the log book endorsement of an NVIS aircrew member qualification may only be made after the applicant has successfully completed the training and competency assessment for the qualification in accordance with the requirements of:

(a) an NVIS training syllabus that is in accordance with this Order; and

(b) the flight training and flight testing required by this Order.

9.3 The applicant for endorsement of an NVIS aircrew member qualification must be eligible for the qualification in accordance with the eligibility and prerequisite requirements in this Order.

10 NVIS aircrew members — endorsements based on recognition of training and experience

An NVIS aircrew member instructor of an approved NVIS operator’s TCO may issue a person with a log book endorsement for an NVIS aircrew member qualification based wholly, or partly, on recognition of prior learning in accordance with the operator’s operations manual.

Note Under paragraph 1.1 (c) of Appendix 2, an operator’s operations manual must be acceptable to CASA.

11 Requirements before commencing an NVIS operation

Before commencing an NVIS operation, the operator must ensure that the pilot of the aircraft holds an NVIS rating and an NVIS endorsement for the operation in accordance with Part 61 of CASR 1998.

12 NVIS aircrew members — competency, recency and NVIS CCF capability

For an NVIS operation, an NVIS aircrew member must have competency, recency and capability in terms of an NVIS CCF in accordance with the requirements of this Order and the operator’s operations manual.

13 NVIS aircrew members — NVIS capability check flights

NVIS CCF for an aircrew member may only be conducted for an NVIS operator in accordance with clause 23A.2 in Appendix 3.

14 NVIS aircrew members — flight testing

14.1 An NVIS flight test for an NVIS aircrew member must be conducted in actual flight.

14.2 A NVIS aircrew member qualification for any particular NVIS operation may only be awarded:

1. in accordance with the procedures for such an award set out in the operations manual of an NVIS operator approved for the particular NVIS operation; and
2. by an NVIS aircrew member instructor of the NVIS operator’s TCO.

Note An NVIS aircrew member qualification may be awarded to cover more than one particular NVIS operation but only if the NVIS operator is approved for each of the operations, and the operations manual contains relevant procedures for multiple awards.

Appendix 2

Directions under subregulation 215 (3) of CAR 1988 about the information, procedures and instructions in an operator’s operations manual

Part 1 — Preliminary

1 Scope and structure

1.1 NVIS operations are to be controlled primarily through the operator’s operations manual which must:

(a) contain information, procedures and instructions as directed by CASA under subregulation 215 (3) of CAR 1988; and

(b) contain information, procedures and instructions about the matters set out in Part 2 of this Appendix; and

(c) be accepted by CASA; and

(d) while complying with the requirements of paragraphs (a) and (b), be revised from time to time where necessary as a result of changes to the operator’s operations, aircraft or equipment, or in the light of experience.

1.2 Before an operator conducts an NVIS operation, the matters provided for in Appendix 3 must be complied with.

2 Directions apply

2.1 The directions in Part 2 of this Appendix apply to each operator who conducts an NVIS operation unless other directions are issued to the operator in substitution for, or in addition to, these directions.

2.2 An operator’s operations manual must contain, as a minimum, the information, procedures and instructions required by Part 2 of this Appendix in the detail, and to a standard, acceptable to CASA.

Part 2 — Directions about information to be contained in an operations manual for NVIS operations.

3 Operations manual

3.1 For subregulation 215 (3) of CAR 1988, CASA directs that the operations manual of an NVIS operator must address, as a minimum, the matters listed in clause 4 in the detail, and to a standard, acceptable to CASA.

3.2 For subregulation 215 (3) of CAR 1988, CASA directs that if a provision of this Order, other than clause 4, mentions that the operations manual of an NVIS operator must include a matter, the matter must be addressed in the operations manual in the detail, and to a standard, acceptable to CASA.

4 Operations manual directions

4.1A Organisation chart

4.1A.1 An organisation chart which clearly indicates:

(a) the key NVIS-related positions and position-holders responsible for the operator’s NVIS operations; and

Note This would include, for example, the safety manager (however described), the NVIS chief pilot, the NVIS senior pilot, and the NVIS training and checking pilot.

(b) the lines of accountability and responsibility of these position holders:

(i) to the more senior people to whom they are accountable; and

(ii) to the more junior people for whom they are responsible.

4.1 Competency and procedures

4.1.1 Ongoing training programs for all NVIS flight crew ensuring that the requirements of Part 61 of CASR 1998 and this Order are met.

4.1.2 Qualifications for the pre-flight and post-flight inspection procedures and standards that are to be used by the flight crew to establish whether the relevant NVIS, including all NVIS components, are serviceable for use before and after a flight.

4.1.3 Procedures to be followed for introducing new aircraft or personal equipment to ensure compatibility with the NVIS standards and environment.

4.1.4 Procedures to be followed when introducing new crew, passengers or patients and their equipment and baggage to the NVIS operational environment to ensure NVIS operational environment compatibility.

4.2 Airworthiness and maintenance of night vision equipment and aircraft

4.2.1 Aircraft and NVIS pre-flight and post-flight procedures including:

(a) equipment checks; and

(b) procedures, including aircraft and NVIS equipment, inspection criteria; and

(c) storage; and

(d) quarantine; and

(e) logging of defects.

4.2.2 Manufacturer’s inspection criteria to be kept in the company technical library with copies accessible for ready reference to all NVIS crew.

4.2.3 MEL related to lighting systems.

Note If an operator does not have an existing approved MEL, the requirement in paragraph 4.2.3 may be met by incorporating the MEL in the operations manual.

4.2.4 Mounting system requirements for handling by pilots and other crew members.

4.2.5 Stowage and use procedures for crew members not using head mounted attachments.

4.2.6 Procedures that ensure NVIS operations are only conducted in a helicopter that is equipped and maintained for NVFR.

4.2.7 Manufacturer’s requirements for the maintenance and modification of aircrew flying helmets for NVIS use.

4.3 NVIS flight operations

4.3.1 Procedures and plans

Operational procedures and risk management plans (including fatigue awareness and management) for all intended NVIS flight profiles including over water and shipboard operations.

4.3.2 Post-NVIS endorsement requirements

Post-NVIS endorsement experience required before a person may be a pilot in command of any particular NVIS operation, including the following:

(a) the minimum pilot experience for the particular NVIS operation;

(b) the training required to ensure that the pilot is competent to conduct the NVIS operation;

(c) the requirements and authorisations for the pilot who is to conduct the training;

licencing requirements under Part 61 of CASR

(e) what (if any) additional recency is required for the particular NVIS operation.

4.3.3 Equipment

Equipment to be carried and used on NVIS flights or operations and associated limitations and serviceability.

4.3.4 NVIS flight crew composition, roles and responsibilities

(a) Minimum NVIS crew composition, qualifications, and experience requirements for each intended NVIS flight profile.

(b) Crew stations, duties and responsibilities for all crew in all phases of NVIS flight.

(c) Procedures, crew duties and crew co-ordination for transition between flight under the I.F.R. and flight under the NVFR.

(d) Logging of NVIS flight time.

4.3.5 Weather and environment

(a) Minimum weather conditions and alternate aerodrome requirements at departure, en route and at the destination or area of operations.

(b) Thunderstorm avoidance instructions.

(c) Guidance material on other operational environment conditions that may affect NVIS flight, including smoke, snow and dust haze, atmospheric moisture, predicted moon data, for example, moon rise and set times, elevation, ambient illumination and similar matters.

4.3.6 Dissimilar NVIS

(a) Where dissimilar NVIS are to be used:

(i) a hierarchical list of the various NVIS in terms of level; and

(ii) a statement requiring the pilot in command to wear the highest level of NVIS.

(b) A specific risk management plan for resolving any human factor or risk issues resulting from the differences between the dissimilar NVIS.

4.3.7 NVIS flight

(a) Pre-flight preparation, briefing, procedures and documentation.

(b) Minimum NVIS flight altitudes and requirements and limitations on flight below LSALT if such flight is permitted in accordance with this Order.

(c) Crew goggle up and de-goggle procedures and the procedures to ensure the delineation of aided and unaided flight.

(d) Procedures for the use of aircraft landing lights and searchlights when below LSALT for descent, approach, landing or take off, including procedures for wire and obstacle detection and avoidance using white light (for example from a steerable searchlight or night sun.

(e) Restrictions on close proximity and formation NVIS flights.

(f) Advice and guidance on the fatigue issues of NVIS operations and the physiological stressors of NVIS operations.

(g) Flight and duty times.

(h) Guidance for NVIS operations over low contrast terrain.

(i) Limitations and requirements for the carriage of passengers.

4.3.8 HLS operations

(a) Register for HLS-NVIS standard operations (as per CAAP 92-2 (1)) and HLS-NVIS basic operations.

(b) HLS procedures for HLS-NVIS basic and HLS-NVIS standard operations.

(c) Appropriate lighting requirements for a relevant alternate HLS to ensure compliance with clause 11A of Appendix 3, including a statement of the operator’s policy for, and the risk management procedures for, operations to which clause 11A of Appendix 3 applies.

4.4 Phraseology

4.4.1 The operations manual must provide for standard crew phraseology for all phases of NVIS flight and must, at a minimum, contain phraseology for:

(a) informing or advising of terrain or other obstructions when operating below LSALT; and

(b) NVIS aircrew members providing “the con” for the flying pilot, i.e. verbal corrections to rates of closure, movement, climbs and descents and verbal means of creating accurate mental pictures of the obstacle environment; and

(c) transition between flight under the I.F.R. and flight under the NVFR; and

(d) ensuring scan sector observation responsibility; and

(e) informing crew of emergency situations; and

(f) NVIS single tube failure and double tube failure and for selection of backup power; and

(g) informing or advising of obstacles or terrain, or of hazards such as whiteout, brown out, wires or other obstructions;

(h) flight into deteriorating in-flight visibility situations or loss of visual reference (including brownout or whiteout) and

(i) for multiple-crew NVIS operations — for “eyes in” and “eyes out” of the cockpit or the aircraft, including to ensure that at all times when the aircraft is below LSALT at least 1 crew member is conducting an NVIS scan outside the front of the aircraft.

4.4.2 For single crew NVIS operations, the operations manual must contain procedures to remind a single crew member to maintain a vigilant scan outside the helicopter.

4.5 Emergency procedures

4.5.1 The operations manual must provide for procedures, crew duties and crew co‑ordination in the event of the following:

(a) in-flight serviceability issues of NVIS equipment including:

(i) single tube failure; and

(ii) double tube failure (unit failure); and

(iii) equipment malfunctions (for example, causing “chicken wire”); and

(b) NVIS flight into deteriorating weather and visibility or complete loss of visibility conditions (including brownout or whiteout) including:

(i) when visibility is inadvertently lost on departure from, or arrival at, or over, a HLS; and

(ii) when in-flight “turn back” procedures, precautionary landings or reversion to unaided flight and flight rules are needed; and

(c) recovery to V.M.C. flight after inadvertent I.M.C. penetration; and

(d) aircraft malfunctions and emergencies; and

(e) white light failure requiring a no-light approach to landing.

4.6 Procedures for incendiary dropping and fire mapping

4.6.1 The operations manual must provide for the following:

(a) an incendiary dropping device in accordance with subparagraph 4.1 (c) (i) of Appendix 3 of this Order;

(b) the minimum NVIS pilot and NVIS aircrew member qualifications and experience required for NVIS operations involving incendiary dropping or fire mapping;

(c) procedures, crew duties and crew coordination for the matters mentioned in subclause 4.6.2.

4.6.2 For paragraph 4.6.1 (c), the matters are the following:

(a) the in-flight functioning and serviceability of the incendiary dropping device, including in relation to:

(i) failure or malfunction of the device, or of equipment on which the device is dependent for effective operation; and

(ii) fire in the device or that equipment; and

(iii) fire in the helicopter;

(b) the duties of the following:

(i) each NVIS aircrew member;

(ii) each incendiary dropping device operator;

(iii) each person carried to map, locate or observe fires.

Appendix 3 NVIS equipment and operations, certain NVIS qualifications and training, and special fire endorsements

Part 1 — Scope and structure

1 Matters to be complied with

The requirements of this Appendix for NVIS equipment, operations, qualifications and training must be complied with for an NVIS operation.

Part 2 — Minimum equipment and aircraft standards for NVIS operations

2 Aircraft lighting standards

2.1 Before an aircraft can be used in an NVIS operation, the aircraft lighting systems must be:

(a) NVIS compatible; or

(b) if not compatible — modified to be compatible.

2.2 The design of an aircraft lighting modification for NVIS operations must be based on the requirements of RTCA/DO-275, unless an alternative suitable design is demonstrated and acceptable to CASA.

2.3 The requirements of MIL-STD-3009 aircraft, NVIS compatible lighting may also be used if appropriate.

2.5 If an NVIS operator does not modify exterior helicopter lighting, he or she must prepare a risk management plan to support this outcome.

2.6 If the helicopter’s exterior lighting adversely affects NVIS performance, the pilot in command must:

(a) if he or she is satisfied there is no risk of collision with another aircraft — turn off the exterior lighting; or

(b) if he or she considers there is such a risk — immediately cease NVIS operations.

3 NVIS equipment

3.1 The minimum operational performance specification for NVIS equipment for use by flight crew in NVIS operations is:

(a) that defined in RTCA/DO 275, as modified by column 3 of the Table in Attachment 1 to this Appendix; or

(b) subject to paragraph 3.2 (f), a CASA approved equivalent in terms of tube resolution, system resolution, system luminance gain, photosensitivity and signal to noise ratio.

3.2 Each NVIS image intensifier tube and associated NVIS equipment (the NVIS tubes and equipment) must be:

(a) certified by its manufacturer as being for aviation use; and

(b) identified by the manufacturer’s unique serial number; and

(c) acquired directly from:

(i) the manufacturer or the manufacturer’s official supplier (the official source); or

(ii) a person who acquired it directly from an official source (the initial acquirer); or

(iii) a person who acquired it as the first or later acquirer in a line of direct and provable acquisitions originating from the initial acquirer (a subsequent acquirer); and

(d) for NVIS tubes and equipment acquired before the approval under clause 2 of Appendix 1 — the subject of documentation, supplied to CASA with the operator’s application for approval, proving the matters mentioned in paragraphs (a), (b) and (c); and

(e) for NVIS tubes and equipment acquired after the approval under clause 2 of Appendix 1 — the subject of a report to CASA within 1 week of its acquisition proving the matters mentioned in paragraphs (a), (b) and (c); and

Note 1 In this subclause, acquired includes acquired with, or without, valuable consideration.

Note 2 CASA considers the source of second-hand NVIS tubes and equipment to be a matter that may affect safety.

(f) for replacement of NVIS image intensifier tubes with tubes that are sourced from other than the original manufacturer of the NVIS:

(i) replaced as a pair; and

(ii) of the same form, fit and function as the tubes being replaced; and

(iii) such that the replacement does not to involve modification of the NVIS mounting frame or optical components; and

(iv) compliant with paragraph 3.1 (a).

Note US AN/AVS 9 NVISs, although manufactured by different manufacturers, are produced to the same US Department of Defense specification and, therefore, these tubes are interchangeable.

3.3 The requirements for maintenance of NVIS and other equipment set out in clause 3A must be complied with.

3.4 If dissimilar NVIS are used in an NVIS operation, the pilot in command must wear the highest level of NVIS in terms of resolution, gain and acuity.

Note Use of dissimilar NVIS does not remove the requirement that the minimum standard of any set used must be in accordance with subclause 3.1.

3.5 An NVIS pilot who occupies a control seat of a helicopter during an NVIS operation must use the NVIS manufacturer’s approved head mounted attachment device for the NVIS and must have both hands free for the flight control manipulation during aided flight.

3A Maintenance of NVIS and other equipment

3A.1 NVIS must be maintained, stored, and checked for serviceability, before an NVIS operation, in accordance with the manufacturer’s requirements and procedures.

3A.1A An operator conducting, or intending to conduct, an NVIS operation must have a documented maintenance program which includes procedures to ensure the following:

(a) that maintenance, inspection, and serviceability standards for the NVIS are met;

(b) that a biennial assessment is made to identify and rectify any degradation in the compatibility of the aircraft lighting systems with the NVIS.

Note RTCA/DO-275 provides guidance for the ongoing maintenance of installed NVIS compatible systems.

3A.1B The documented maintenance program mentioned in subclause 3A.1A must include a method for assessing NVIS compatibility with any subsequent aircraft modification, equipment introduction or repair that may have an effect on the aircraft’s NVIS compatibility.

3A.2 Any equipment installed as part of the approved type design or modified type design of a helicopter used in an NVIS operation, including operational and emergency equipment, must be maintained in accordance with the relevant instructions for continuing airworthiness issued by:

(a) the manufacturer of the helicopter and the equipment; and

(b) for a modified type design — the designer of the modification.

3A.3 Any other item of equipment fitted to, or carried on, the helicopter must not at any time adversely affect the safe operation of the helicopter.

3A.4 For subclause 3A.3, the NVIS operator must:

(a) identify and assess the risks associated with:

(i) the normal operation or dormancy of the equipment; and

(ii) any malfunction or failure of the equipment; and

(b) take appropriate action to mitigate any identified risk that would adversely affect the safe operation of the helicopter, including mitigation through:

(i) flight manual supplements; or

(ii) training of flight crew, aircrew or other relevant personnel; or

(iii) regular maintenance of the equipment in accordance with the equipment manufacturer’s recommendations.

3A.5 Maintenance of NVIS must be carried out by an organisation that:

(a) complies with regulation 30 of CAR 1988 or Part 145 of CASR 1998 as if the regulation or the Part applied to the organisation for the maintenance of NVIS and its related equipment; and

(b) is endorsed by the manufacturer of the NVIS as an appropriate organisation to carry out maintenance on the NVIS.

3A.6 To avoid doubt, for subclause 3A.5, maintenance includes the routine scheduled servicing of NVIS.

3A.7 Despite any other provision of this Appendix, an NVIS operator must not carry out any routine scheduled servicing of any NVIS unless:

(a) the operator meets the requirements of subclauses 3A.5 and 3A.6; and

(b) the NVIS is the NVIS operator’s own NVIS and is not used by any other operator.

3A.8 An organisation endorsed by a manufacturer under paragraph 3A.5 (b) for any particular NVIS manufactured in the US that complies with the specification mentioned in paragraph 3.1 (a) of this Appendix is taken to be endorsed for any other NVIS manufactured in the US that is available in Australia and that complies with the specification mentioned in paragraph 3.1 (a) of this Appendix.

Note This provision is to ensure that an endorsement given to an organisation by an original US manufacturer of paragraph 3.1 (a) compliant NVIS, is taken to be an endorsement for any other US manufactured NVIS available in Australia that complies with paragraph 3.1 (a).

3A.9 If:

(a) 1 or more image intensification tubes (tubes) fail for any reason during an NVIS operation; or

(b) 1 or more tubes fail at any time as a result of a suspected error in maintenance;

then the operator must, within 28 days of the failure, report it to CASA through the Service Difficulty Reporting system using ATA Code 2590.

3A.10 For paragraph 3A.5 (b):

manufacturer means the person who is:

(a) the original manufacturer of the NVIS; or

(b) the original manufacturer of the image intensification tubes fitted to the NVIS; or

(c) if parts of the NVIS were manufactured by different persons — the person who makes the final assembly of the parts into the NVIS.

3B Helicopter mounting device for incendiary dropping using NVIS

The fittings and mounting device for an incendiary dropping device and its directly associated systems, used for dropping incendiaries during an NVIS operation, must have been granted a design approval under Subpart 21.M of CASR 1998.

3C Aerial fire fighting — use of belly tank

3C.1 This clause is for sub-subparagraph (b) (ii) of the definition of aerial fire fighting in subsection 1.

3C.2 A helicopter equipped with a belly tank may be filled and refilled with water, fire retardant or similar substance taken from the following locations:

(a) if the helicopter is on the ground — a source on the ground at a conforming HLS;

(b) if the helicopter is in the hover and using the helicopter’s on-board pump — a portable tank at a conforming HLS;

(c) otherwise — a location in accordance with a written approval from CASA under clause 3C.3.

3C.3 For paragraph 3C.2 (c), an operator may apply in writing to CASA to approve a location, or a kind of location, at which a helicopter equipped with a belly tank may be filled and refilled with water, fire retardant or similar substance.

3C.4 For subclause 3C.3, CASA may approve the location, or the kind of location (with or without conditions) if:

(b) given the risks identified by the operator or by CASA — approval of the location, or kind of location, and operations in accordance with any conditions, would not have an adverse effect on aviation safety.

3C.5 For subclause 3C.3, if CASA approves the location, or kind of location, the approval, including any conditions, must be set out in the operator’s operations manual along with any procedures required for the operator to ensure that any conditions are complied with.

Note Conditions may include (but are not limited to), for example, limitations on flight time for particular operations or locations, requirements for underwater escape training, collection system and other equipment requirements, including additional search-lighting, prior survey of locations and environmental circumstances such as weather and degree of moonlight.

4 Minimum equipment for NVIS aircraft in NVIS operations

4.1 The operator and the pilot in command of an NVIS operation must ensure that the aircraft carries:

(a) at least the minimum equipment required for the category of operation; and

(b) any additional equipment needed to meet the requirements of NVFR, or I.F.R. if used; and

(c) if the operation involves incendiary dropping or fire mapping — each of the following:

(i) an incendiary dropping device, approved in writing by CASA, which meets at least the specifications set out in an airworthiness bulletin published by CASA for this provision;

(ii) 1 GNSS, with map display, that at least complies with the standards in 1 of the following as in force from time to time:

(A) TSO-C 129;

(B) TSO-C145;

(C) TSO-C 146;

(iii) 1 standby attitude indicator installation (standby artificial horizon or AH).

Note A standby AH is in addition to any turn or bank indicator. The standards for a standby AH are set out in paragraph 6 in Appendix VII of Civil Aviation Order 20.18.

4.2 The operator and the pilot in command of an NVIS operation must ensure that the helicopter has a serviceable radio altimeter that:

(a) displays:

(i) an instantaneous impression of absolute height; and

(ii) the rate of change of height in a form which requires minimal interpretation; and

(b) incorporates:

(i) a system of audio and visual warning to the occupant of each control seat if the aircraft descends below a height previously selected in flight by the pilot in command; or

(ii) a visual and audible height warning system at least equivalent to the system mentioned in subparagraph (i) and is acceptable to CASA.

4.3 The operator and the pilot in command of an NVIS operation must ensure that the helicopter has a serviceable pilot-steerable searchlight, adjustable in both pitch and azimuth from the flight controls.

4.4 The operator and the pilot in command must ensure that, in an NVIS operation below 500 ft AGL or from a HLS-NVIS basic using a searchlight with an NVIS compatible IR filter, the risk of an adverse event as a result of NVIS failure at low altitude is countered by:

(a) the aircraft’s capacity to revert immediately to a non-filtered search or landing light; or

(b) the presence of 2 NVIS pilots, each of whom is NVIS equipped and has access to dual flight controls.

Part 3 — Operational limitations for NVIS operations

5 Minimum altitude for NVIS operations

5.1 The pilot in command of a helicopter in an NVIS positioning flight that is an NVIS operation may fly below the relevant LSALT only if:

(a) the pilot holds a Grade 1 NVIS endorsement; and

(aa) the pilot holds a Grade 2 NVIS endorsement and the NVIS positioning flight is a permitted NVIS grade 2 operation that is conducted in accordance with the approved risk assessment and operating procedures of the responsible NVIS operator; and

(b) it is operationally necessary to fly below the relevant LSALT; and

(c) the flight is in accordance with this Order.

5.2 However, the pilot in command in an NVIS positioning flight must not fly:

(a) over a city, town or populous area — at a height lower than 1 000 ft AGL; or

(b) over any other area — at a height lower than 500 ft AGL.

6 HLS-NVIS basic and HLS-NVIS standard operations

NVIS operations to, or from, a HLS-NVIS basic or a HLS-NVIS standard are permitted in accordance with this Order.

7 Carriage of persons

The pilot in command of a helicopter in an NVIS operation, may only carry the following categories of persons:

(a) members of the flight crew;

(b) members of the aircrew;

(c) any supernumerary crew members;

(d) persons undergoing NVIS training;

(e) appropriately qualified maintenance personnel who are present to ensure that the NVIS equipment is, and remains, serviceable;

(f) other persons whose presence is required for the purpose of the NVIS operation;

(g) if the operation is an NVIS flight to demonstrate NVIS technology — a passenger to observe the demonstration, provided:

(i) the carriage is in accordance with procedures and conditions, acceptable to CASA, set out in the operator’s operations manual; and

(ii) the passenger:

1. is briefed, orally or in writing, on the risks associated with the flight; and
2. signs an acknowledgement that he or she has been briefed, either orally or in writing (as the case may be) on those risks.

(iii) before the flight the NVIS operator gives CASA written details of the intent and conduct of the flight, and receives from CASA written acknowledgment of those details.

Note 1 For paragraph 7 (f), a person whose presence may be required for the purpose of an NVIS operation is to be determined on the basis of the specific nature of the operation and could include, for example, police, fire fighting, rescue, SES, defence, medical, scientific, nursing, or paramedical personnel; marine pilots in transfer; or persons who are apprehended, evacuated, rescued or being transported as an integral part of the operation.

Note 2 For paragraph 7 (g), carriage of such passengers must be solely for demonstration purposes. Guidance about the relevant procedures and conditions that CASA would find acceptable in an operations manual, is contained in CAAP 174-1 (1). The guidance relates to, for example, number of passengers, passenger emergency training, minimum height above highest obstacle, flights over water and suitable HLS.

8 Minimum crewing for NVIS operations

8.1 The minimum NVIS crew for an NVIS operation must be not less than the highest requirement for NVFR, or I.F.R. if used, that is specified in:

(a) the aircraft’s flight manual; or

(b) the operator’s operations manual acceptable to CASA; or

(c) Australian civil aviation legislation, including this Order, that applies to the aircraft.

8.2 The minimum NVIS crew must include any additional qualified crew required by:

(a) the type or class of helicopter; or

(b) the nature of the operation.

8.3 Subject to subclauses 8.1 and 8.2, a single NVIS pilot is the minimum NVIS crew only if the NVIS operation is:

(a) at, or above, 1 000 ft AGL (except for take-off and landing) to, and from, a HLS-NVIS standard; or

(b) at or above 500 ft AGL but below 1 000 ft AGL, or an operation to a HLS‑NVIS basic, but only in accordance with an application to CASA proposing relevant amendments to the operations manual, and only if:

(i) having examined the operator’s risk assessment for the operation, CASA considers that the proposed amendments, or the proposed amendments as varied by CASA, preserve or enhance the safety of the NVIS operation; and

(ii) the operator complies with CASA directions (if any) that the information, procedures and instructions in the operations manual be revised or varied in accordance with the proposed amendments, or the proposed amendments as varied by CASA; or

(c) an NVIS operation below 500 ft in the hover during which an NVIS aircrew member, who would otherwise complete the minimum NVIS crew, de‑goggles to enhance operational safety.

8.3A If a single NVIS pilot is the only NVIS crew member for an NVIS operation in an NVFR capable aircraft, he or she must comply with night VFR weather minima and clauses 10 and 10A do not apply.

8.4 Subject to subclauses 8.1 and 8.2, if an NVIS operation is not covered by subclause 8.3, the minimum NVIS crew is:

(a) single NVIS pilot; and

(b) at least 1 of the following using NVIS, on intercom, and positioned to be able to provide assistance to the pilot in command:

(i) an NVIS aircrew member; or

(ii) a second NVIS pilot.

8.4A For an NVIS operation involving incendiary dropping or fire mapping, the minimum NVIS crew and other aircrew must be not less than the following:

(a) 1 NVIS pilot;

(b) 1 NVIS aircrew member;

(c) for incendiary dropping operations — 1 incendiary device operator for whom the minimum qualifications and experience, and the duties and responsibilities of the position, must be set out in the operator’s operations manual;

(d) for fire mapping — 1 fire mapping observer for whom the minimum qualifications and experience, and the duties and responsibilities of the position, must be set out in the operator’s operations manual.

8.5 The position and duties of the NVIS aircrew member must be set out in the operator’s operations manual.

8.5A For an incendiary device operator and a fire mapping observer, the minimum qualifications and experience, and the duties and responsibilities, of the position must be set out in the operator’s operations manual.

9 Minimum crewing for NVIS aircrew member training operations

During a training flight for NVIS aircrew member qualification or an NVIS aircrew member CCF, the minimum NVIS crew is the aircrew member receiving the training or undergoing the check flight, an NVIS aircrew member instructor and the NVIS pilot.

10 NVIS in-flight cloud requirements

10.1 The minimum in-flight cloud requirements for an NVIS flight are determined as set out in Table 10.1.

Table 10.1 — In-flight cloud requirements for an NVIS flight

<table cellspacing="0" cellpadding="0" style="border:0.75pt solid #000000; border-collapse:collapse"><tbody><tr><td style="border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:3.88pt; padding-left:3.88pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt"><span style="font-weight:bold">Item</span></p></td><td style="border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:3.88pt; padding-left:3.88pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt"><span style="font-weight:bold">NVIS helicopter and crew</span></p></td><td style="border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:3.88pt; padding-left:3.88pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt"><span style="font-weight:bold">Kind of NVIS flight</span></p></td><td style="border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:3.88pt; padding-left:3.88pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt"><span style="font-weight:bold">Minimum in-flight cloud requirement</span></p></td></tr><tr><td style="border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:3.88pt; padding-left:3.88pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt"><span>1</span></p></td><td style="border:0.75pt solid #000000; padding-right:3.88pt; padding-left:3.88pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt"><span>NVFR capable</span></p></td><td style="border:0.75pt solid #000000; padding-right:3.88pt; padding-left:3.88pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt"><span>Under the VFR</span></p></td><td style="border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:3.88pt; padding-left:3.88pt; vertical-align:top"><p class="Clause" style="margin-left:0pt; text-indent:0pt"><span>No more than scattered cloud up to 2</span><span> </span><span>000</span><span> </span><span>ft AGL within 2 NM either side of track.</span></p></td></tr><tr><td rowspan="2" style="border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:3.88pt; padding-left:3.88pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt"><span>2</span></p></td><td rowspan="2" style="border:0.75pt solid #000000; padding-right:3.88pt; padding-left:3.88pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt"><span>IFR capable</span></p></td><td style="border:0.75pt solid #000000; padding-right:3.88pt; padding-left:3.88pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt"><span>Under the VFR</span></p></td><td rowspan="2" style="border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:3.88pt; padding-left:3.88pt; vertical-align:top"><p class="Clause" style="margin-left:0pt; margin-bottom:0pt; text-indent:0pt"><span>No more than scattered cloud up to 1</span><span> </span><span>000</span><span> </span><span>ft AGL within 2 NM either side of track.</span></p></td></tr><tr><td style="border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-left:0.75pt solid #000000; padding-right:3.88pt; padding-left:3.88pt; vertical-align:top"><p style="margin-top:3pt; margin-bottom:3pt"><span>Under the IFR below LSALT</span></p></td></tr></tbody></table>

Note NVFR capable and IFR capable are defined in subsection 1, Definitions.

10.2 An operator may apply in writing to CASA to approve minimum in-flight cloud requirements that are lower than those prescribed under item 1 or item 2 in Table 10.1.

10.3 CASA may approve lower minimum in-flight cloud requirements if:

(b) given the risks, approval of lower minimum in-flight cloud requirements (including subject to conditions if required) would not have an adverse effect on aviation safety.

10.4 If CASA approves lower minimum in-flight cloud requirements, the requirements for the operation and the CASA approval must be set out in the operator’s operations manual.

10A Lower distance from cloud in VMC — Class C airspace

For subregulation 172 (2A) of CAR 1988, despite a distance from cloud requirement under section 4 and items 2 and 3 in Schedule 1 of instrument CASA 143/10, for an NVIS operation in VMC in Class C airspace, the following standard is determined:

11 Visibility

11.1 Subject to subclause 11.2, for an NVIS operation, if in-flight visibility of 5 000 m cannot be maintained at, or above, 500 ft above terrain or obstacles, the pilot in command must:

(a) alter the flight path direction if this would:

(i) avoid low visibility areas; and

(ii) maintain the minimum visibility of 5 000 m; or

(b) climb to at least the LSALT and revert to use of NVFR or I.F.R. procedures instead; or

(c) land as soon as practicable but only if a suitable HLS is available and it is safe to land at it.

Note A suitable HLS includes a HLS-NVIS basic and a HLS-NVIS standard if landing there is otherwise permitted under this Order.

11.2 Despite subclause 11.1, for subregulation 172 (2A) of CAR 1988, a minimum in-flight visibility requirement of not less than 3 000 m applies (the new minimum) for an NVIS operation in VMC for a particular class of airspace (a relevant NVIS operation) if CASA approves the new minimum under subclause 11.4.

11.3 An operator may apply in writing to CASA to approve the new minimum for the relevant NVIS operation.

11.4 CASA may approve the new minimum if:

(b) given the risks, approval (including subject to conditions if required) would not have an adverse effect on aviation safety.

11.5 If CASA approves the new minimum, the requirements for the operation and the CASA approval must be set out in the operator’s operations manual.

Note For subregulation 172 (2B) of CAR 1988, the applicable distances under clause 10A and subclause 11.2 are notified in the AIP or a NOTAM.

11A Alternate aerodrome lighting requirements

11A.1 For an NVIS operation that is conducted by a single NVIS pilot as the only NVIS crew member, the pilot must ensure that an alternate HLS, with suitable lighting, is planned for and available.

11A.2 Subclause 11A.1 does not apply if an NVIS operation has:

(a) at least 2 NVIS pilots; or

(b) at least 1 NVIS pilot and 1 NVIS aircrew member.

Note For operational risk management plans, see also subclause 4.3.1 in Appendix 2.

12 Close proximity flights

12.1 In this subsection:

close proximity for a flight, means a minimum separation of:

(a) 250 metres horizontally; and

(b) 500 ft vertically.

12.2 The pilot in command of a helicopter conducting an NVIS operation may only fly in close proximity to another aircraft if the flight is:

(a) in accordance with the operator’s operations manual; and

(b) arranged and discussed with the pilot in command of the other aircraft before the close proximity flight begins.

Note The separation minima do not apply for the pilot during the take-off or landing phase of flight with respect to aircraft already on the ground or during take-off or landing.

Part 4 — Recognised NVIS qualifications for NVIS operations

13 Chief pilot or head of operations

An NVIS operator’s chief pilot or head of operations (as the case may be) must:

(a) be an NVIS pilot with 50 hours of post-endorsement NVIS flying experience, and be a pilot in command; or

(b) hold a CASA instrument of approval stating that a named NVIS senior pilot appointed by the NVIS operator is approved by CASA to carry out the duties of chief pilot for NVIS operations.

Note Before CASA issues an instrument of approval of a senior pilot for this purpose, CASA will assess the senior pilot to the chief pilot level for the NVIS elements of the operator’s operations.

13A Senior NVIS pilot

An NVIS operator’s senior NVIS pilot must be an NVIS pilot with 50 hours of post-qualification NVIS flying experience, and be a pilot in command.

14 Reserved

15 Reserved

17 Operator’s obligation to maintain NVIS pilot competency and proficiency

17.1 For subsection 4 of this Order, the competency of an NVIS operator’s NVIS pilots must be maintained by the operator through an NVIS training pilot of a TCO or a Part 142 operator, who is an NVIS flight instructor.

17.2 For subsection 4 of this Order, the proficiency of an NVIS operator’s NVIS pilots must be maintained by the operator through a proficiency check by 1 of the following:

(a) an NVIS checking pilot of a TCO or a Part 142 operator, who is the holder of an NVIS flight examiner rating under Part 61 of CASR 1998;

(b) the holder of an approval under regulation 61.040 of CASR 1998 to conduct the proficiency check.

Note See also clause 23.

17.3 An NVIS training pilot may give NVIS flight instruction to a non‑NVIS endorsed pilot only if he or she is an NVIS flight instructor of a Part 141 operator or a Part 142 operator.

18 Aircrew members and aircrew member instructors

18.1 Unless CASA otherwise directs in writing, eligibility for qualifications for an NVIS aircrew member, or an NVIS aircrew member instructor, must be set out in the operator’s operations manual accepted by CASA.

18.2 An operator may only use an NVIS aircrew member to fulfil the minimum NVIS crew requirements if the person’s duties and position are formally recognised in the operator’s operations manual.

18.3 An operator must establish in the operations manual qualification and proficiency requirements for NVIS aircrew members and NVIS aircrew member instructors, using at least the minimum competencies established by this Order.

Part 5 — Recency requirements for NVIS operations

19 General requirements

Before commencing an NVIS operation, each NVIS pilot and NVIS aircrew member must have met the requirements of:

(a) this Part; and

(b) any requirements in the operator’s operations manual for the relevant NVFR operation.

21 Minimum recent experience and NVIS proficiency check requirements — NVIS pilot

21.1 An NVIS pilot with more than 50 hours of NVIS flight time as one or more of the following, namely, an NVIS pilot in command (PIC), NVIS co-pilot, NVIS PIC under supervision (PICUS) or NVIS pilot dual must meet the minimum NVIS recent experience, and NVIS proficiency check, requirements:

(a) set out in regulations 61.1010 and 61.1015 of Part 61 of CASR 1998; and

(b) in accordance with this Order.

21.2 Subject to subclause 21.3, an NVIS pilot with 50 hours or less of NVIS flight time as one or more of the following, namely, an NVIS PIC, NVIS co-pilot, NVIS PICUS or NVIS pilot dual must meet the minimum NVIS recent experience and NVIS proficiency check requirements mentioned in subclause 21.1, modified in accordance with subclause 21.3.

21.3 For an NVIS pilot mentioned in subclause 21.2:

(a) the minimum NVIS recent experience requirements are modified by reading each reference in regulation 61.1010 to “6 months”, as a reference to “3 months”; and

(b) the minimum NVIS proficiency check requirements are modified by reading each reference in regulation 61.1015 to “the 12th month”, as a reference to “the 6th month”.

Note Subclauses 21.2 and 21.3 do not amend regulations 61.1010 and 61.1015 of Part 61 of CASR 1998. In the interests of safety, they impose AOC conditions in the form of the additional recency and proficiency check obligations that an NVIS operator must ensure are met for the conduct of NVIS operations under this Order.

22 Minimum recency requirements — NVIS aircrew member

An NVIS aircrew member must meet the following minimum following recency requirements or an NVIS CCF must be undertaken:

Table 22.1 — Minimum NVIS aircrew member recency requirements

Note 1 For these recency requirements, the aircrew member must be using NVIS (i.e. goggled‑up).

Note 2 If an aircrew member alternates his or her operational role between front seat aircrew member and rear cabin aircrew member, he or she must meet front seat aircrew member recency requirements.

23 NVIS pilot proficiency check

23.1 An NVIS proficiency check for an NVIS pilot must be conducted in accordance with the requirements of clause 21 and Part 61 of CASR 1998 by:

(a) an NVIS checking pilot of a TCO or a Part 142 operator, who is the holder of an NVIS flight examiner rating under Part 61 of CASR 1998; or

(b) the holder of an approval under regulation 61.040 of CASR 1998 to conduct the proficiency check.

Note See regulation 61.1015 of CASR 1998, section13 of the Part 61 Manual of Standards (MOS) and Appendix 3 of Schedule 6 of the Part 61 MOS.

23AA NVIS aircrew member proficiency check

23AA.1 The requirements for an NVIS CCF may be met for an NVIS aircrew member by an initial endorsement of the NVIS aircrew member qualification or a successful NVIS CCF.

23AA.2 An NVIS CCF for an NVIS aircrew member must:

(a) must be conducted by whichever of the following applies:

(i) if the operator has a TCO — an appropriately qualified and experienced person appointed by the TCO to conduct the NVIS CCF; or

(ii) otherwise — an appropriately qualified and experienced person appointed by a TCO to conduct the NVIS CCF; and

Note 1 For the requirement that an NVIS operator, who uses an NVIS aircrew member in an NVIS operation, must have a TCO to ensure NVIS aircrew member competency, see subsection 4 of this Order.

Note 2 An NVIS pilot mentioned in subparagraphs (a) (i) to (a) (iii) may only conduct an NVIS aircrew member NVIS CCF for certain particular duties if the NVIS pilot is qualified and experienced in relation to those duties. Unless the NVIS pilot is qualified and experienced to conduct mission specific NVIS aircrew member functions in the cabin of a helicopter (for example, winch rappelling or conning of aircraft), the NVIS pilot is permitted to assess only those NVIS aircrew member duties that were relevant to assisting the NVIS pilot.

(b) involve an NVIS flight that is:

(i) representative of the operator’s typical NVIS mission profile; and

(ii) in the nature of a check flight that establishes the NVIS aircrew member’s competency; and

(c) as a minimum, require the candidate to demonstrate competency in all of the following:

(i) NVIS unit failure for each of the crew members;

(ii) NVIS single tube failure for each of the crew members;

(iii) procedures for utilising backup power to the NVIS;

(iv) circuit operations to NVIS basic HLS located in areas devoid of HLS lighting or surrounding cultural lighting;

(v) procedures for loss of visual reference (for example, brownout or whiteout) when visibility is inadvertently lost on departure or arrival to, or over, a HLS;

(vi) if an NVIS aircrew member’s operational role requires him, or her, to sit in the front seat of the aircraft and provide assistance to the pilot — assisting the pilot:

(A) during procedures for flight into deteriorating in-flight visibility situations; and

(B) during in-flight safe recovery to V.M.C. flight after inadvertent entry to I.M.C.;

(viii) procedures for wire and obstacle detection and avoidance using white light (for example, from a steerable searchlight or night sun); and

(d) otherwise be in accordance with the NVIS operator’s operations manual.

23A Due date for NVIS CCF

Despite anything in clause 21, 22 or 23 for an NVIS CCF, for an NVIS aircrew member, recency is deemed to expire at the end of the last day of the month in which recency would otherwise expire but for this clause.

24 Reserved

25 Reserved

26 NVIS aircrew member training course approval

26.1 CASA may only approve an NVIS aircrew member training course which is designed to achieve at least the competency outcome described in subclause 26.2.

26.2 At the end of the course, the trainee is able to perform the duties of an NVIS aircrew member to safely and effectively assist an NVIS pilot to take off, fly and navigate en route across country and descend, reconnoitre and land or hover to a HLS-NVIS basic devoid of HLS lighting or surrounding cultural lighting using NVIS.

Note 1 It is recognised that many operators will have a requirement for the aircrew member to fulfil other duties outside the provision of basic scan sector observation, for example, aided winching, or advanced cockpit duties (as detailed in the CAAP) while aided. As these competencies are not covered by the stated training competency outcome above, those operators should add instructional sequences and flight time to these basic minimums to achieve those competencies.

Note 2 An example of an NVIS aircrew member training course meeting this competency is provided in CAAP 174-1 (0).

27 NVIS aircrew — ground training

27.1 NVIS aircrew member training must include a CASA approved NVIS ground theory training course of at least 6.5 hours followed by a written examination to certify competency.

27.2 NVIS ground theory subjects must, as a minimum, cover the following:

(a) applicable CAO, CAAP and operations manual contents that relate to NVIS regulations, limitations and flight operations;

(b) NVIS system technical description, functions, limitations and maintenance, including normal, abnormal and emergency operations;

(c) aero medical and human factors considerations with NVIS, including limitations, spatial and vision illusions, eye adaptation, perception limitations, overconfidence, stressors and fatigue;

(d) environmental considerations, including moon data, illumination, atmospherics, weather, shadow and moisture;

(e) NVIS navigation and flight planning including terrain interpretation and obstacle avoidance;

(f) crew co-ordination principles, procedures and phraseology for NVIS operations;

(g) risk management awareness based on ISO 31000:2009.

27.3 NVIS aircrew member training for incendiary dropping and fire mapping, initial NVIS qualification training must comply with subclauses 27.1 and 27.2.

28 NVIS aircrew member — NVIS flight training

NVIS flight training for NVIS aircrew member qualifications must be approved by CASA.

29 Reserved

30 Reserved

31 Reserved

32 NVIS aircrew member flight training — prerequisites

Before commencing NVIS training leading to the award of an operator specific NVIS qualification, the trainee aircrew member must have the following minimum qualifications and experience:

(a) the experience, recency, and qualifications stipulated in the relevant operator’s operations manual for day and night (unaided) operations for the relevant crew position and aircraft type;

(b) the physical and medical standards stipulated by the operator’s operations manual;

(c) at least 50 hours flight time as an aircrew member in a form that is acceptable to the operator as set out in the operator’s operations manual;

(d) at least 3 hours helicopter night (unaided) flight time as an aircrew member in the 3 months leading up to commencement of the training;

(e) the qualifications and certification required, in accordance with the operator’s operations manual and any relevant Civil Aviation Order, for any advanced operational sequences, for example, winching, before undergoing NVIS training for that sequence.

33 NVIS aircrew member flight training — requirements

33.1 NVIS flight training for the initial NVIS aircrew member qualification must include at least 3 hours of NVIS flight time.

33.2 Flight training must:

(a) be conducted in at least 2 separate flights by an NVIS pilot qualified to conduct an NVIS CCF for an NVIS aircrew member; and

Note See clause 23A of this Appendix.

(b) expose the trainee to at least 1 flight in low illumination conditions, for example, with little or no moon in an area devoid of surrounding cultural lighting; and

(c) take into account the requirements of paragraph 8 in Part 3 of Appendix 3 of CAAP 174-1 (0).

Note The requirement for separate flights is to emphasise the importance of the pre-flight planning and goggle adjustment phases.

33.3 Flight training may be conducted in an approved NVIS flight simulator.

Note The competency assessment flight test is not training and may not be conducted in a flight simulator.

33.4 Flight training must include development of competency in at least the following subjects:

(a) preparation and use of internal and external aircraft lighting systems for NVIS flights and operations;

(b) pre-flight preparation of NVIS and an understanding of planning considerations and appropriate route selection for NVIS flights and operations;

(c) the rules, regulations and operations manual instructions relating to NVIS;

(d) using NVIS to accurately recognise, identify, announce and provide verbal correction (“the con”) to the pilot for drift, rates of climb and descent, obstacle avoidance and ground hazards, including dust or debris, during NVIS take off and landing phases;

(e) loss of visual reference procedures on take off and landing;

(f) if an NVIS aircrew member’s operational role requires him, or her, to sit in the front seat of the aircraft and provide assistance to the pilot — assisting the pilot:

(i) during procedures for flight into deteriorating in-flight visibility situations; and

(ii) during in-flight safe recovery to V.F.R. flight following simulated inadvertent entry to I.M.C.;

(h) sound crew co-ordination;

(i) procedures for wire and obstacle detection and avoidance using white light (for example, from a steerable searchlight or night sun).

34 NVIS aircrew member — flight testing

A flight test for the initial NVIS aircrew member qualification must be conducted by an NVIS pilot qualified to conduct an NVIS CCF for an NVIS aircrew member; and, as a minimum, the candidate must demonstrate competency in the following:

(a) assisting the pilot in mission planning and flight planning;

(b) determining the serviceability of NVIS equipment, including aircraft components;

(c) performing cockpit drills including switch selection and goggle/de-goggle procedure;

(d) performing crew resource management appropriate to NVIS operations;

(e) performing NVIS practice malfunctions and emergency procedures;

(f) performing aircrew member duties for descent, reconnaissance and circuit operations to HLS-NVIS basic located in areas devoid of HLS lighting or surrounding cultural lighting using NVIS;

(g) providing a timely and accurate “con” to the pilot for drift, rates of climb and descent, obstacle avoidance and ground hazards, including dust and debris;

(h) if an NVIS aircrew member’s operational role requires him, or her, to sit in the front seat of the aircraft and provide assistance to the pilot — assisting the pilot:

(i) during procedures for flight into deteriorating in-flight visibility situations; and

(ii) during in-flight safe recovery to V.F.R. flight following simulated inadvertent entry to I.M.C.;

(j) performing wire and obstacle detection and avoidance procedures using white light (for example, from a steerable searchlight or night sun).

Attachment 1 to Appendix 3

Performance Standards for Night Vision Imaging Systems

Modifications of RTCA/DO 275

In this Attachment, each item in column 3 of the Table shows how a relevant operational performance specification in the corresponding paragraph of RTCA/DO-275 mentioned in column 1 of the item and summarised (if any) in column 2 of the item, is modified.

List of modifications to RTCA/DO-275

Notes to Civil Aviation Order 82.6

Note 1

Note: The Civil Aviation Order (in force under the Civil Aviation Act 1988 and Civil Aviation Regulations 1988) as shown in this compilation comprises Civil Aviation Order 82.6 (Night vision goggles — helicopters) 2007 amended as indicated in the Tables below.

Note: > Note: Table of Orders

Note: Table of Amendments

<table cellspacing="0" cellpadding="0" style="width:352.7pt; border-collapse:collapse"><thead><tr><td colspan="2" style="width:341.9pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt"><span>ad. = added or inserted</span><span> </span><span></span><span>am. = amended</span><span> </span><span>rep. = repealed</span><span> </span><span>rs. = repealed and substituted</span></p></td></tr><tr><td style="width:108pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>Provision affected</span></p></td><td style="width:223.1pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>How affected</span></p></td></tr></thead><tbody><tr><td style="width:108pt; border-top:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>Heading to Part 1A</span></p></td><td style="width:223.1pt; border-top:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt"><span style="font-size:9pt">ad. CAO 82.6 2011 No. 1</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>s. 1</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span style="font-size:9pt">am. CAO 82.6 2009 No. 1;</span><br><span style="font-size:9pt">rep. CAO 82.6 2011 No. 1</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>s. 1A</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span style="font-size:9pt">ad. CAO 82.6 2011 No. 1</span><br><span style="font-size:9pt">am. CAO 82.6 2014 No. 1</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>s. 1B</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span style="font-size:9pt">rep. </span><span style="font-size:9pt; font-style:italic">Legislation Act 2003</span><span style="font-size:9pt">, s. 48D</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>Heading to s. 2</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span style="font-size:9pt">rep. CAO 82.6 2011 No. 1</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>Heading to s. 1B</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span style="font-size:9pt">ad. CAO 82.6 2011 No. 1</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>s. 2</span><br><span></span><span>(renumbered s. 1B)</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span style="font-size:9pt">am. CAO 82.6 2008 No. 1; CAO 82.6 2008 No. 3;</span><br><span style="font-size:9pt">CAO</span><span style="font-size:9pt"> </span><span style="font-size:9pt">82.6 2011 No. 1</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>Heading to s. 3</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span style="font-size:9pt">rep. CAO</span><span style="font-size:9pt"> </span><span style="font-size:9pt">82.6 2011 No. 1</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>Heading to s. 1C</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span style="font-size:9pt">ad. CAO</span><span style="font-size:9pt"> </span><span style="font-size:9pt">82.6 2011 No. 1</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>s. 3</span><br><span></span><span></span><span>(renumbered s. 1C)</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><br><span style="font-size:9pt">CAO 82.6 2011 No. 1</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>s. 4</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt"><span style="font-size:9pt">rep. CAO 82.6 2011 No. 1</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>Schedule heading</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt"><span style="font-size:9pt">rep. CAO 82.6 2011 No. 1</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>CAO title</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt"><span style="font-size:9pt">rep. CAO 82.6 2011 No. 1</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>subs. 1</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>am. CAO 82.6 2007 No. 2; CAO 82.6 2008 No. 1; CAO</span><span> </span><span>82.6 2010 No. 1; CAO 82.6 2010 No. 2; CAO</span><span> </span><span>82.6 2011 No. 1; CAO 82.6 2014 No. 1; CAO 82.6 2016 No.</span><span> </span><span>1; CAO 82.6 2019 No. 1, F2020L01243, </span><span class="legsubtitle1" style="font-size:9pt; font-weight:normal">F2020L01584</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>subs. 1A</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>ad. F2020L01243</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>subs. 2</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>rs. CAO 82.6 2014 No. 1</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>subs. 3</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>rs. CAO 82.6 2014 No. 1</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>subs. 4</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>rs. CAO 82.6 2014 No. 1</span><br><span>am. CAO 82.6 2016 No. 1, F2020L01243</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>subs. 5</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span style="font-size:9pt">rs. CAO 82.6 2014 No. 1</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>subs. 6</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span style="font-size:9pt">am. CAO 82.6 2010 No. 1; CAO 82.6 2010 No. 2; CAO</span><span style="font-size:9pt"> </span><span style="font-size:9pt">82.6 2011 No. 1</span><br><span style="font-size:9pt">rs. CAO 82.6 2014 No. 1, F2020L01243</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>subs. 6A</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>ad. F2020L01243</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>subs. 6B</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>ad. F2020L01243</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>subs. 7</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>rs. CAO 82.6 2014 No. 1, F2020L01243</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>subs. 7A</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>ad. CAO 82.6 2019 No. 2</span><br><span>rs. F2020L01243</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>Heading of Part 3</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span style="font-size:9pt">rs. CAO 82.6 2014 No. 1</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>subs. 8</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>rs. CAO 82.6 2014 No. 1</span><br><span>am. F2020L01667</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>subs. 8A</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>ad. F2020L01667</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>subs. 9</span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span style="font-size:9pt">rs. CAO 82.6 2014 No. 1</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>Appendix 1</span><span style="width:26.96pt; text-indent:0pt; display:inline-block"></span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>am. CAO 82.6 2007 No. 2; CAO 82.6 2008 No. 1; CAO</span><span> </span><span>82.6 2009 No. 1; CAO 82.6 2011 No. 1; CAO</span><span> </span><span>82.6 2011 No. 1</span><br><span>rs. CAO 82.6 2014 No. 1</span><br><span>am. CAO 82.6 2019 No. 1, F2020L01243</span></p></td></tr><tr><td style="width:108pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>Appendix 2</span><span style="width:26.96pt; text-indent:0pt; display:inline-block"></span></p></td><td style="width:223.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; margin-bottom:3pt; text-indent:0pt"><span>am. CAO 82.6 2007 No. 2; CAO</span><span> </span><span>82.6 2009 No. 1; CAO</span><span> </span><span>82.6 2011 No. 1; CAO</span><span> </span><span>82.6 2011 No. 1; CAO 82.6 2014 No. 1, F2020L01243</span></p></td></tr><tr><td style="width:108pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>Appendix 3</span><span style="width:68.36pt; text-indent:0pt; display:inline-block"></span></p></td><td style="width:223.1pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span style="font-size:9pt">am. CAO 82.6 2007 No. 1; CAO 82.6 2007 No. 2; CAO</span><span style="font-size:9pt"> </span><span style="font-size:9pt">82.6 2008 No. 1; CAO</span><span style="font-size:9pt"> </span><span style="font-size:9pt">82.6 2008 No. 2; CAO</span><span style="font-size:9pt"> </span><span style="font-size:9pt">82.6 2009 No. 1; CAO 82.6 2011 No. 1; CAO</span><span style="font-size:9pt"> </span><span style="font-size:9pt">82.6 2011 No.</span><span style="font-size:9pt"> </span><span style="font-size:9pt">1; CAO 82.6 2014 No. 1; CAO 82.6 2014 No. 2; CAO 82.6 2016 No. 1, CAO 82.6 2019 No. 2, F2020L01243, F2020L01584, F2021L00142</span></p></td></tr></tbody></table>

Table A Application, saving or transitional provisions

Section 4 of Civil Aviation Order 82.6 Amendment Order (No. 1) 2009 reads as follows:

4 Transitional

An NVG approval, NVG qualification, other approval or other instrument, however described, issued under CAO 82.6 before this Amendment Order deleted references to the NVG trial, is taken to have been issued as if the deletions had occurred immediately before the approval, qualification or other instrument was issued.

Note CAO 82.6 introduced NVG as part of a trial of NVG technology. NVG approvals, qualifications and other instruments were issued on that basis. Civil Aviation Order 82.6 Amendment Order (No. 3) 2008 brought the NVG trial to an end on 31 January 2009. To avoid doubt, section 4 is intended only to ensure that approvals, qualifications and other instruments issued under CAO 82.6 for the trial, if still in force, remain in force according to their terms, and are not affected by the ending of the trial.

Section 4 of Civil Aviation Order 82.6 Amendment Order (No. 1) 2010 reads as follows:

4 Revocation and revival

(1) Schedule 1 of this instrument is revoked on 1 July 2010.

(2) The definition of aerial fire fighting in CAO 82.6, and subparagraph 6 (a) (i) of CAO 82.6, as in force immediately before the commencement of this instrument, revive on 1 July 2010 as if the definition and the subparagraph had not been affected by the amendments in Schedule 1.

Note This provision allows the definition of aerial fire fighting, and the provision extending the exemption from LSALT limitation under subregulation 174B (1) of CAR 1988 to aerial fire fighting support, to return to their previous form and content as soon as the Schedule 1 amendments cease. Without this provision, the previous position would not revive when the trial ends. However, if the trial is successful, a further CAO amendment made before 1 July 2010 may prevent the revival of the previous provisions and entrench the new provisions.

In accordance with section 4, the definition of aerial fire fighting, and the provision extending the exemption from LSALT limitation under subregulation 174B (1) of CAR 1988 to aerial fire fighting support, on 1 July 2010 returned to the previous form and content they had immediately before 5 March 2010.

Section 4 of Civil Aviation Order 82.6 Amendment Order (No. 2) 2010 reads as follows:

4 Revocation and revival

(1) Schedule 1 of this instrument is revoked at the end of 30 June 2011.

(2) The definition of aerial fire fighting in CAO 82.6, and subparagraph 6 (a) (i) of CAO 82.6, as in force immediately before the commencement of this instrument, revive on 1 July 2011 as if the definition and the subparagraph had not been affected by the amendments in Schedule 1.

Note This provision allows the definition of aerial fire fighting, and the provision extending the exemption from LSALT limitation under subregulation 174B (1) of CAR 1988 to aerial fire fighting support, to return to their previous form and content as soon as the Schedule 1 amendments cease (that is, at the end of 30 June 2011). Without this provision, the previous position would not revive when the trial ends. If the trial is successful, and there are no outstanding safety implications, a further CAO amendment made before 1 July 2011 may prevent the revival of the previous provisions and entrench the new provisions if appropriate.

In accordance with section 4, the definition of aerial fire fighting, and the provision extending the exemption from LSALT limitation under subregulation 174B (1) of CAR 1988 to aerial fire fighting support, on 1 July 2011 returned to the previous form and content they had immediately before 15 November 2010.