10ALower distance from cloud in VMC — Class C airspace

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.