9

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.