Part 12NIGHT VISION IMAGING SYSTEMS

CHAPTER 12 NIGHT VISION IMAGING SYSTEMS Division 1 Purpose, application and definitions 12.01 Purpose For subregulation 138.350 (3), this Chapter prescribes requirements relating to an NVIS flight. 12.02 Application (1) This Chapter applies to an aerial work certificate holder. (2) This Chapter applies in relation to the use of NVIS by a flight crew member of an aerial work certificate holder in an NVIS flight. (3) This Chapter does not apply in relation to the use of NVIS, on an NVIS flight for an aerial work certificate holder, by a person who is not a flight crew member, unless the person is involved in air navigation or terrain avoidance functions. > Note 1 Regulation 138.350, which empowers this MOS Chapter, does not apply to limited aerial work operators. Therefore, nothing in this Chapter applies to limited aerial work operators. However, regulation 91.085, and therefore Chapter 3 of the Part 91 MOS, does apply to a limited aerial work operator and contains the operational NVIS rules for such an operator. > Note 2 For NVIS equipment requirements: see Division 26.17 of the Part 91 MOS. 12.03 Definitions (1) In this Chapter: > HLS means helicopter landing site. > HLS-NVIS basic means an HLS that does not conform to the requirement of an HLS‑NVIS standard. > HLS-NVIS standard has the meaning given by section 12.05. > IFR capable, for an aircraft, describes a circumstance in which the aircraft is: (a) equipped for IFR flight in accordance with the regulations; and (b) operated by a crew, each member of which meets the relevant requirements for IFR flight under Part 61 of CASR. > Note For a flight of a foreign registered aircraft, subsection 1.04 (8) of this MOS permits foreign equivalencies to CASR Part 61 requirements. > NVFR capable, for an aircraft, describes a circumstance in which the aircraft is: (a) equipped for flight in night VMC in accordance with the regulations; and (b) operated by a crew, each member of which meets the relevant requirements for NVFR flight under Part 61 of CASR. > Note For a flight of a foreign registered aircraft, subsection 1.04 (8) of this MOS permits foreign equivalencies to CASR Part 61 requirements. > NVIS air crew member, for a particular NVIS operation, means an air crew member: (a) of an NVIS operator who holds an aerial work certificate for the NVIS operation; and (b) who is qualified (however described) to carry out the person’s assigned functions as an air crew member for the operation in accordance with this Chapter. > NVIS crew member means an NVIS pilot or an NVIS air crew member. > NVIS endorsement means an endorsement mentioned in column 2 of item 1 or item 2 in Table 61.1025 of CASR. > NVIS firebombing means an NVIS operation, in an operational area for a fire, to fight the fire using water, fire retardant, or a similar substance, that is dropped from an aircraft equipped with a belly tank. > NVIS fire mapping means an NVIS operation, in an operational area for a fire, involving the carriage of one or more persons to map, locate or observe fires, or to control or direct firefighting operations. > NVIS flight has the meaning given by the CASR Dictionary. > Note NVIS flight means a flight conducted using a night vision imaging system. > NVIS incendiary dropping means an NVIS operation, in an operational area for a fire, to fight the fire using incendiaries for controlled burning that are dropped from an aircraft by means of an incendiary dropping device. > NVIS operation means an NVIS flight that is an aerial work operation conducted by an aerial work operator. > Note An aerial work operator is the holder of an aerial work certificate. > NVIS operator means an aerial work certificate holder for an NVIS operation. > NVIS pilot, for an NVIS operation, means a pilot who holds each of the licences, ratings, and endorsements required for NVIS flight by Part 61 of CASR. > Note For a flight of a foreign registered aircraft, subsection 1.04 (8) of this MOS permits foreign equivalencies to CASR Part 61 requirements. For foreign jurisdictions which do not issue or grant licenses, ratings, or endorsements for NVIS flight, equivalency may arise if the pilot has been authorised by the aircraft’s State of registry to pilot the aircraft in NVIS flight. > NVIS rating means a rating mentioned in column 2 of item 4 in Table 61.375 of CASR. > operator has the meaning given by the CASR Dictionary. > Note Operator, of an aircraft, means: (a) if the operation of the aircraft is authorised by an AOC, a Part 141 certificate or an aerial work certificate — the holder of the AOC or the certificate; or (b) otherwise — the person, organisation or enterprise engaged in aircraft operations involving the aircraft. > safety area means an area: (a) that is free of obstacles, other than those: (i) with a height not exceeding 25 cm above the surface level of the area; or (ii) that are required for air navigation purposes; and > Note Obstacles required for air navigation include, for example, a wind direction indicator. (b) whose purpose is to reduce the risk of damage to an aircraft accidentally diverging from the load-bearing area primarily intended for landing or take-off. > Note The safety area does not need to be a solid surface. For example, a perforated metal deck may constitute part, or all, of a safety area. > used, using or uses, in relation to the use of NVIS, means used for safe air navigation by means of visual surface reference external to the aircraft conducting the operation. (2) Subject to subsection (1), in this instrument words and phrases have the same meaning as in CASR. Division 2 — Requirements for NVIS operations 12.04 General HLS-NVIS requirements An aircraft in an NVIS operation may only take off from and land on: (a) an HLS-NVIS standard; or (b) subject to section 12.06 — an HLS-NVIS basic. 12.05 HLS-NVIS standard (1) Subject to subsection (2), an HLS-NVIS standard is an HLS that meets all of the following requirements: (a) the FATO must at least: (i) be capable of enclosing a circle with a diameter equal to one and a half times the D-Value (1.5 x D) of the rotorcraft; and (ii) be free of obstacles likely to interfere with the manoeuvring of the rotorcraft; and (iii) incorporate a safety area of 0.25 x D, or 3 m around the FATO, whichever is larger; (b) a TLOF must be at least: (i) a cleared and, as far as practicable, stable area capable of bearing the dynamic loads which may be imposed by the rotorcraft; and (ii) an area of 0.83 x D. (2) An HLS-NVIS standard for a particular NVIS operation also includes an HLS that meets the FATO and TLOF criteria determined by the NVIS operator through a risk assessment, provided that the FATO and the TLOF so determined will deliver a level of safety that is at least equivalent to that which would otherwise arise from compliance with paragraphs (1) (a) and (b). 12.06 HLS-NVIS basic A rotorcraft for an NVIS operation may land on or take off from an HLS-NVIS basic but only if the NVIS crew consists of: (a) at least 2 NVIS pilots; or (b) 1 NVIS pilot and at least 1 NVIS air crew member; or (c) 1 NVIS pilot, but only if the operation is conducted by an NVIS operator who holds a CASA approval under subregulation 138.025 (1) that is based on the operator’s detailed risk assessment. 12.07 No formation flights The pilot in command of an aircraft for an NVIS operation must not engage in formation flight with another aircraft. 12.08 Alternate aerodrome lighting requirements (1) Subject to subsection (2), if an NVIS flight is conducted to a planned destination aerodrome that does not have runway or HLS lighting, then the pilot must nominate a destination alternate aerodrome with lighting for the runway or HLS. (2) Subsection (1) does not apply to an NVIS operation that is conducted by: (a) at least 2 NVIS pilots; or (b) 1 NVIS pilot and at least 1 NVIS air crew member. 12.09 Aircraft lighting requirements If, in an NVIS operation, the optimum performance of the NVIS is affected, or is likely to be affected, by the aircraft’s exterior lighting, the pilot in command must: (a) if satisfied that there is no risk of collision with another aircraft — turn off the exterior lighting; or (b) if satisfied that there is such a risk — immediately cease the NVIS operation. > Note 1 On ceasing the relevant NVIS operation, the pilot in command, if at a lower altitude, must immediately climb to at least the minimum altitude for a VFR flight at night, or an IFR flight, conducted without the use of NVIS. > Note 2 Section 12.09 applies despite subsection 26.24 (2) of the Part 91 MOS which is disapplied by subsection 26.24 (3) of the Part 91 MOS. 12.10 Requirements related to NVIS crew members > Note Section 9.04 in Division 3 of Chapter 9 of this MOS outlines the requirements for helicopter IFR flight and VFR flight at night below the minimum height. (1) During an NVIS operation, subject to subsections (6) and (7), NVIS must be used by each NVIS pilot and each NVIS air crew member who is involved in the operation. (2) A pilot in an NVIS operation must be an NVIS pilot. (3) Each air crew member who uses NVIS in an NVIS operation must be: (a) an NVIS air crew member; or (b) a person, otherwise qualified for the operation, who is under flight training or flight testing to become an NVIS air crew member. (4) Subject to subsection (5), if a single NVIS pilot is the only NVIS crew member in an NVIS operation, the operation must be conducted at or above 1 000 ft AGL. (5) An NVIS operation mentioned in subsection (4) may be conducted below 1 000 ft AGL only if it is: (a) operationally necessary; and (b) not conducted below 500 ft AGL; and (c) the subject of the operator’s detailed risk assessment given to CASA; and (d) conducted by an NVIS operator who holds a CASA approval for the operation under regulation 138.025 that is based on the detailed risk assessment. (6) If an NVIS operation (other than one conducted by a single NVIS pilot as the only NVIS crew member) is conducted below 500 ft AGL in the hover, then, despite any other provision in this Chapter, the pilot in command may do any of the following: (a) degoggle as an individual; (b) permit all or any particular NVIS air crew member to degoggle; but only if, and for so long as, the degoggling enhances operational safety. (7) If, for subsection (1), in an NVIS operation (other than one conducted by a single NVIS pilot as the only NVIS crew member): (a) the performance of the NVIS used by an NVIS pilot or NVIS air crew member is degraded because of extensive illumination in the area being overflown; and (b) the continued use of the NVIS in such circumstances is likely to affect operational safety; and (c) terrain and obstacles in the area may be visually identified and avoided; then the pilot in command may do any of the following in accordance with procedures in the operations manual: (d) degoggle as an individual; (e) permit all or any particular NVIS pilot or NVIS air crew member to degoggle; but only if, and for so long as, the degoggling enhances operational safety. 12.11 Weather requirements — cloud (1) The pilot in command of an aircraft for an NVIS operation must comply with 1 of the following for the operation: (a) the in-flight cloud requirements set out in Table 12.11 (1) of this MOS; (b) the in-flight cloud requirements approved by CASA under subsection (3). (2) For Table 12.11 (1), for an NVIS aircraft and crew mentioned in an item of column 1 of the Table, that is conducting an NVIS operation of a kind mentioned in column 2 of the item, the minimum in-flight cloud requirements are set out in column 3 of the item. Table 12.11 (1) — In-flight cloud requirements | | Column 1 | Column 2 | Column 3 | | ---- | -------------------------------------- | ------------------------- | --------------------------------------------------------------------------------- | | Item | NVIS aircraft and crew | Kind of NVIS operation | Minimum in-flight cloud requirement | | 1 | NVFR capable, with 2 NVIS crew members | Under the VFR | No more than scattered cloud up to 2 000 ft AGL within 2 NM either side of track. | | 2 | IFR capable | Under the VFR | No more than scattered cloud up to 1 000 ft AGL within 2 NM either side of track | | 3 | IFR capable | Under the IFR below LSALT | No more than scattered cloud up to 1 000 ft AGL within 2 NM either side of track. | > Note NVFR capable and IFR capable are defined in section 12.03, Definitions. (3) An NVIS operation may comply with in-flight cloud requirements lower than those provided for under paragraph (1) (a) (reduced in-flight cloud requirements) but only if the lower requirements are: (a) operationally necessary; and (b) the subject of a detailed risk assessment given to CASA; and (c) the aerial work operator holds a CASA approval under regulation 138.025. (4) If: (a) an NVIS operation is NVFR capable; but (b) the NVIS crew is only a single NVIS pilot; then the NVIS pilot must comply with night VFR weather minima. (5) Subsection (1) does not apply to the pilot in command of a rotorcraft in an NVIS operation to which Division 5 of Chapter 9 applies.