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;
Section 3C - Civil Aviation Order 82.6 (Night vision imaging system — helicopters) 2007 - Aerial fire fighting — use of belly tank | Zoe
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:
is briefed, orally or in writing, on the risks associated with the flight; and
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
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.