6AExemption — minimum height for IFR flights at night

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.