Part 9FLIGHT RULES — MINIMUM HEIGHT

CHAPTER 9 FLIGHT RULES — MINIMUM HEIGHT 9.01 Application 9.02 Minimum height rules (1) For regulation 138.275, the minimum height requirements under regulations 91.265, 91.267, 91.277 and 91.305 do not apply to a pilot in command of an aircraft for a flight involving an aerial work operation if: (a) the flight occurs in the circumstances described in subregulation 91.265 (4), 91.267 (3), 91.277 (3) or 91.305 (3), as the case requires; or (b) the applicable requirements prescribed in this Chapter are complied with. > Note 1 In this MOS, references to an aerial work operation include training for the aerial work operation: see regulation 138.010. > Note 2 Regulation 138.275 disapplies regulations 91.265, 91.267, 91.277 and 91.305 if circumstances or requirements relevantly prescribed in this MOS apply to an aircraft or an operation. If the circumstances or requirements prescribed in this MOS do not apply to an aircraft or an operation, then regulations 91.265, 91.267, 91.277 and 91.305 apply to the aircraft and operation. (2) For a positioning flight, the following minimum height requirements apply until the aerial work operation that the positioning flight facilitates, commences: (a) for a positioning flight conducted to facilitate an aerial work operation — the minimum height requirements under regulation 91.265, 91.267, 91.277 or 91.305, as the case requires; (b) for a positioning flight using NVIS and conducted under Chapter 12 of this MOS — the minimum height requirements under regulation 91.265 or 91.267, as the case requires. Division 2 Close proximity to an object in an area that is not a populous area or a public gathering 9.03 Requirements for aircraft flight in close proximity to an object in an area that is not a populous area or a public gathering (1) Without affecting any other provision in this Chapter, this section applies to the operator and the pilot in command of an aircraft that is flown in close proximity to an object in an area that is not a populous area or a public gathering. (2) Regulation 91.267 does not apply to the flight if the requirements in this section are complied with. (3) A risk assessment must be carried out in accordance with the applicable provisions of Chapter 13. (4) Subject to subsection (5), if the operation is to be conducted as follows: (a) below 300 ft above the highest obstacle; (b) over any point on ground or water vertically below the aircraft that is within 150 m of a person (a relevant person), or of a vessel, a vehicle, or a structure (a relevant thing), or of any livestock, not associated with the operation, likely to be adversely affected by the aircraft’s noise (relevant livestock); then the operator and the pilot in command must: (c) give public notice of the intended operation by the most appropriate method for the circumstances; and (d) consider all comments and objections, whether written or oral, received before the operation commences; and (e) if any comment or objection is about the safety of relevant persons, or the risks of damage or injury to a relevant thing or relevant livestock: (i) re-examine the risk assessment for the operation in light of the comment or objection; and (ii) be satisfied that the risk can be mitigated and the operation can be safely carried out. > Note The operation does not require an AWZ. A relevant comment or objection made to the pilot in command or to any of the operator’s personnel before the operation commences is sufficient for paragraph (d) or (e). (5) Subsection (4) does not apply to: (a) an ESO operation the purpose of which is to save any person, vessel, vehicle, structure or livestock, from harm or destruction; or (b) an operation where: (i) the operator knows that the relevant thing is unoccupied, and there are no relevant livestock; and (ii) the operator and the pilot in command each ensure that, when over or in close proximity to the relevant thing, the aircraft is operated in a way and at an altitude such that, in the event of an emergency, the aircraft can avoid endangering any relevant person, relevant thing or relevant livestock, on ground or water. Division 3 Rotorcraft — IFR flight and VFR flight at night > Note This Division prescribes the requirements for an aerial work operation to descend below the minimum height that might otherwise apply under Part 91 of CASR. 9.04 Requirements for rotorcraft IFR flight, and VFR flight at night, below minimum height (1) For regulation 138.275, the pilot in command of a rotorcraft may fly below minimum height in an IFR flight, or in a VFR flight at night, only if: (a) the flight is for an aerial work certificate holder; and (b) the requirements in subsection (2) are complied with, subject to subsection (3). (2) For subsection (1), the requirements are the following: (a) the rotorcraft must be operated in VMC; (b) before descent, the pilot in command must have received confirmation that the area in which the rotorcraft is to operate is clear of obstructions and obstacles which may endanger the rotorcraft; (c) if meteorological conditions below minimum height become less than VMC, then the rotorcraft must immediately commence a climb to resume operations above the minimum height; (d) at an ESO operating site: (i) the rotorcraft operator must ensure that risk assessment and management procedures for such operations are contained in the operations manual; and (ii) the operator and the pilot in command must each ensure that the procedures are followed for the operation; (e) subject to paragraph (f), only essential crew members may be carried; (f) an aerial work passenger may be carried but only: (i) if the operation is an ESO; or (ii) in accordance with Chapter 11; (g) the flight below minimum height must: (i) be essential for conducting the aerial work operation; and (ii) be planned to minimise the time the rotorcraft is unable to achieve a suitable forced landing, or safe continuation of flight, if an engine failure occurs; and (iii) not create a hazard for third parties not involved in the operation; (h) for night operations — the flight must be conducted in accordance with the requirements for an NVIS operation; (i) if the rotorcraft is a single-engine rotorcraft operated at night, the requirements in section 9.05 must be met if suitable forced landing areas are not available for the entire time the rotorcraft is operating below the minimum height. (3) Paragraphs (2) (h) and (i) do not apply to a task specialist operation: (a) that is below minimum height; and (b) that is for the purpose of protecting agricultural crops from frost; and (c) for which the area of the operation is adequately illuminated with flood lighting. 9.05 When no suitable forced landing area is available > Note Various sections of this MOS call up this section. This section is for each of the following provisions of this MOS, but subject to the terms of the provision. The descriptions in brackets are for guidance only: (a) paragraph 9.04 (2) (i) (flight below minimum IFR, and NVFR, height); and (b) sub-subparagraph 9.23 (7) (a) (iii) (A) (flight over a populous area or public gathering); and (c) sub-subparagraph 11.03 (1) (d) (iv) (B) (carriage of 1 but no more than 2 aerial work passengers in night VFR; and (d) subparagraph 15.06 (2) (c) (i) (but only the requirements in paragraphs 9.05 (b), (c), (d) and (e) apply) (winching for other than an ESO, by day under the VFR); and (e) subparagraph 15.06 (2) (d) (i) (but only the requirements in paragraphs 9.05 (b), (c), (d) and (e) apply) (winching, by day under the VFR for an ESO); and (f) sub-subparagraph 15.06 (3) (e) (i) (A) (but only the requirements in paragraphs 9.05 (b), (c), (d) and (e)) (class D external load operations using a belly hook). The requirements are as follows: (a) the operator must hold a CASA approval under regulation 138.025 for the operation; (b) the rotorcraft must be a turbine-engine powered rotorcraft; (c) with effect from the beginning of 2 December 2023 — for paragraph 9.04 (2) (i) and sub-subparagraph 9.23 (7) (a) (iii) (A): (i) the rotorcraft must be fitted with a usage monitoring system; and (ii) the operator must download and use the data from the usage monitoring system to ensure the rotorcraft is operated within its limitations; > Note 1 It is recommended that rotorcraft be fitted with a usage monitoring system sooner, where this is feasible. > Note 2 For the requirements relating to operative and inoperative equipment — see section 22.05. For the technical requirements for a usage monitoring system — see section 22.06. (d) if a rotorcraft: (i) requires hydraulic assistance for flight control in any phase or configuration of flight; and (ii) in the event of failure of the hydraulic system or its power supply in the flight phase or configuration — cannot be controlled manually by the pilot in command; the rotorcraft must have dual redundancy in the hydraulic system and its power supply; (e) the rotorcraft must be fitted with a secondary or redundant means of controlling the fuel flow to the engine should the primary means fail; > Note The reference in paragraph (e) to a rotorcraft that must be fitted with a “secondary or redundant means” has the effect of including a rotorcraft whose flight manual indicates that the throttle may be used to attempt to control engine RPM during emergencies such as a governor failure. (f) subject to paragraph (g), only essential FCMs, air crew members and task specialists may be carried on the flight; (g) an aerial work passenger may only be carried in accordance with be paragraph 9.04 (2) (f) and Chapter 11; (h) the operation must be planned to minimise the time the rotorcraft is unable to achieve a suitable forced landing, or safe continuation of flight, if an engine failure occurs. Division 4 Aircraft IFR flight below minimum height over the sea 9.06 Requirements for aircraft IFR flight below minimum height in IMC or at night over the sea (1) This Division applies to the pilot in command of an aircraft in an operation only if: (a) the operation is for an aerial work certificate holder; and (b) the flight is an IFR flight below minimum height, in IMC or at night, over the sea (the flight); and (c) the flight is not a search or rescue operation involving an auto-hover using transition mode capability over the sea. > Note 1 The requirements in Chapter 15, particularly section 15.07 for night external load operations, apply to the operation. > Note 2 A rescue operation is the actual rescue component of a SAR operation. A SAR recovery operation involving an auto-hover using transition mode capability over the sea falls under Division 5 of this Chapter. > Note 3 Division 5 provides for specific auto-hover SAR manoeuvres which use a complex descent and positioning capability over the sea to position a rotorcraft for an auto-hover and winch recovery operation in IMC or where pilot reference to outside objects is not possible. On the other hand, once a rotorcraft has met the visibility and minimum altitude requirements of sections 9.12 and 9.13, the auto-hover function of the rotorcraft’s AFCS may be used for positioning the rotorcraft over the sea in the rescue component of a SAR recovery operation under subsection 9.13 (2), provided the rotorcraft has the required capability and equipment in accordance with the AFM, and the pilot in command considers the descent is safe. (2) Regulation 91.305 does not apply to the flight if the following requirements are complied with: > Note Regulations 91.265, 91.267, and 91.277 continue to apply but, subject to section 9.13 for regulation 91.267, would have no practical application. (a) the flight below minimum height must be an IFR flight for surveillance or SAR, and involve flight along a route, or a route segment, over the sea; (b) the flight must be conducted by an aerial work certificate holder; (c) the flight must comply with the other requirements set out in this Division. 9.07 Distance and obstacle requirements etc. (1) The flight must not commence its descent below minimum height unless the pilot in command has determined that the following are not within the area that is 20 NM ahead along track and 5 NM either side of track: (a) the Australian mainland or Tasmania; (b) any obstacle having a height greater than 300 ft above sea level. (2) For a flight below minimum height at night — the flight must be at least 5 NM from the following: (a) the Australian mainland or Tasmania; (b) any obstacle having a height greater than 300 ft above sea level. (3) A distance mentioned in subsection (1) or (2) must be in addition to any tolerances that must be applied to the following: (a) the navigation equipment fitted to the aircraft that is used to establish the position of the aircraft; (b) the techniques used to determine the position of the aircraft before descent from minimum height. (4) Before descent below minimum height — the pilot in command must: (a) establish the position of the aircraft; and (b) ensure that the aircraft will remain clear of obstacles in accordance with this section. > Note The operator’s pre-low flying procedures, as set out in the operations manual, must be followed. 9.08 Crew requirements (1) For a flight at night, the pilot in command must have: (a) a minimum of 10 hours’ experience as pilot in command or pilot in command under supervision (PICUS), in night surveillance or night search operations; and (b) conducted a night surveillance, or night search operation, or a training or recency flight for night surveillance or night search operations, as pilot in command or PICUS within the 60 days before the operation. (2) The minimum crew must be the greater of: (a) the crew specified in the AFM for the operation; or (b) the crew specified in subsection (3). (3) For paragraph (2) (b), the specified crew are: (a) for an aeroplane — 2 pilots, or 1 pilot with 1 radar observer who meets the training and proficiency requirements set out in the operator’s operations manual for an air crew member to be a radar observer; or (b) for a rotorcraft — 2 pilots, except if dual 4-axis autopilots are fitted then 1 pilot, and 1 trained air crew member in the co-pilot seat. 9.09 Persons who may be carried during the flight Only the following may be carried during the flight: (a) the FCMs, the air crew members and the task specialists required for the operation; (b) a person under training to qualify as an FCM, an air crew member, or a task specialist; (c) an aerial work passenger described in section 2.02, provided the aerial work passenger is carried in accordance with this Chapter and Chapter 11. 9.10 Flight below 1 500 ft in IMC or at night For a flight below 1 500 ft above sea level in IMC or at night, the following requirements must be complied with: (a) turns must be limited to the lesser of the following: (i) 25 degrees angle of bank; (ii) a standard rate turn; (iii) the radio altimeter unlock angle; (b) maximum rate of descent must be no greater than 500 ft per minute; (c) if the aircraft is an aeroplane: (i) it must be a PSEA or a multi-engine aeroplane; and (ii) its minimum airspeed must be 1.3 Vs for the aeroplane configuration; and (iii) its flap setting must be no greater than that recommended for take-off or manoeuvring; and (iv) it must, if it is a multi-engine aeroplane, be capable, with OEI, and while complying with the requirements of Part 91 of CASR: (A) of climbing to the minimum height required under regulation 91.265, 91.267, 91.277 or 91.305, as applicable for the flight; and (B) thereafter, of flying to a suitable aerodrome for landing; (d) for a rotorcraft: (i) except when complying with sections 9.04, 9.12 and 9.13 — the rotorcraft’s minimum airspeed must be not less than whichever of the following is the greatest: (A) Vmini; (B) Vy for the rotorcraft; (C) 60 kts; and (ii) except when operating at an ESO operating site — the rotorcraft must be a multi-engine rotorcraft operated with OEI accountability during the operation. 9.11 Radar and instruments (1) An aircraft must be fitted with the following equipment: (a) a radar that has a ground-mapping function; (b) a radio altimeter; (c) a navigation system. (2) Operations must not be commenced, or if commenced must be discontinued immediately, if: (a) any of the equipment required for the operation fails or has failed; or > Note For equipment requirements, see Subpart 138.K, and Part 91, of CASR. (b) the equipment mentioned in subsection (1) fails or has failed; or (c) there is a RAIM warning or any reason to doubt the integrity of the GNSS‑derived information; or (d) there is a RAIM loss. 9.12 Visibility (1) Operations must not be conducted unless visibility: (a) at 1 000 ft above sea level — for aeroplanes; or (b) at 700 ft above sea level — for rotorcraft; meets the VMC criteria for: (c) the category of aircraft used in the operation; and (d) the class of airspace within which the aircraft is operating during the operation. (2) For an operation in cloud below minimum height the requirements are as follows: (a) the minimum descent altitude to obtain visual reference below cloud must not be less than 1 000 ft above sea level for aeroplanes, or 700 ft above sea level for rotorcraft, derived from the aircraft radio altimeter; (b) if: (i) visibility prescribed in subsection (1) is not obtained; or (ii) visibility below cloud is reduced to less than that required under subsection (1); then the pilot in command must immediately return the aircraft to at least minimum height. (3) After visual investigation of a target or search area, the aircraft must immediately initiate a climb to at least minimum height, unless section 9.13 applies. 9.13 Minimum altitude (1) Subject to subsection (2), the minimum altitude must be not lower than 500 ft, derived from the aircraft radio altimeter. (2) A rotorcraft may descend below 500 ft, by day only, to identify a person or object, or to rescue a person, if the following requirements are met: (a) at least the minimum visibility to maintain VMC is available below cloud; (b) the location of the person or object has been pinpointed or confirmed; (c) the rotorcraft has, in accordance with its AFM, the performance capability and the equipment required to descend and conduct the rescue operation; (d) the descent is in accordance with the requirements of section 9.04; (e) the pilot in command considers that the descent is safe. (3) For subsections (1) and (2), regulation 91.267 do not apply. > Note The requirements in Chapter 15 for night external load operations apply to the operation. Division 5 Rotorcraft IFR flight that is a SAR operation involving an auto-hover using transition mode capability over the sea 9.14 Requirements for rotorcraft IFR flight involving an ESO SAR auto‑hover using transition mode capability over the sea (1) This Division applies only to the pilot in command of a rotorcraft of an aerial work certificate holder in an IFR flight: (a) that is an ESO SAR operation involving an auto-hover using transition mode capability over the sea (the flight); and (b) for which none of the following is available: (i) VMC; (ii) reference to external objects that are adequately illuminated by ground; (iii) celestial lighting. > Note Auto-hover using transition mode capability SAR descent procedures may be used in VMC if the pilot in command considers that this is the most suitable descent profile for the operation or for training in the conduct of such operations. (2) Regulations 91.267, 91.277 and 91.305 do not apply to the flight if the requirements mentioned in this section are met. > Note Regulation 91.265 continues to apply but would have no practical application. (3) The flight must be conducted by an aerial work certificate holder. (3A) The flight may be conducted using NVIS in accordance with Chapter 12 of this MOS. > Note See also the definition of NVIS operation and subsection 12.11 (5). (4) The flight must comply with the other requirements set out in this Division. 9.15 Operating crew The operating crew for the flight must: (a) consist of 2 pilots qualified for IFR flight in accordance with Part 61 of CASR, and at least 1 air crew member; and > Note For a flight of a foreign registered aircraft, subsection 1.04 (8) of this MOS permits foreign equivalencies to CASR Part 61 requirements. (b) be individually equipped with lifesaving and survival equipment applicable to the environment of the operation. > Note For a flight of a foreign registered aircraft, subsection 1.04 (8) of this MOS permits foreign equivalencies to CASR Part 61 requirements. 9.16 Rotorcraft requirements (1) The flight must be in a rotorcraft that complies with the requirements in this section. (2) The rotorcraft must be a multi-engine rotorcraft operated at a weight which allows OEI accountability. (3) The rotorcraft must have auto-hover capability including: (a) dual 4-axis autopilots with auto-hover capability and transition mode capability; and > Note 1 See section 1.04 for the definition of transition mode capability. > Note 2 For the requirements relating to operative and inoperative equipment — see section 22.05. (b) a flight director system coupled to the autopilot that responds to instructions from a qualified air crew member. (4) Except when operating at an ESO operating site — the rotorcraft must be a multi-engine rotorcraft operated with OEI accountability during the operation. 9.17 The flight and obstacles The flight must be carried out at a distance from obstacles, as authorised by the approved procedures in the operator’s operations manual. 9.18 Weather may determine the persons who may be carried If an authorised weather forecast for the flight is for conditions during the flight to be: (a) less than VMC; or (b) likely to become less than VMC; then only the following persons may be carried on the rotorcraft: (c) qualified air crew members; (d) qualified task specialists; (e) a person rescued in the course of an ESO. 9.19 Requirements for descent (1) During the flight, descent from minimum flight altitude in the search and rescue area may only begin following a position fix using the aircraft’s GNSS-based FMS. (2) Before, and in the course of, descent from minimum flight altitude to search height, the pilot in command of the rotorcraft must ensure the letdown track remains clear of obstacles and radar contacts by a minimum radar range of 5 NM. (3) For recovery of a person from water, the minimum height above water: (a) at which a rotorcraft may be flown in a search area before descent and engagement of auto-hover for the recovery — is 200 ft (as derived from a radio altimeter); and > Note This minimum height is sometimes called the “low search height”. (b) for the auto-hovering — is 50 ft; and (c) for the auto-hovering for training purposes — is 75 ft. 9.20 Use of the automatic flight control system (AFCS) (1) Unless the AFM provides otherwise, the flight must use the rotorcraft’s AFCS. > Note Some emergency procedures may require disengaging the AFCS to avoid the pilot having to override it to achieve the desired outcome. If disengaged for this reason, the AFCS is normally re-engaged after the new flight profile is set. (2) The AFCS must be able to implement all procedures initiated by the pilot flying that are necessary for the successful completion of the operation (including go‑around and discontinuance where necessary). (3) The flight must be discontinued immediately if there is a malfunction in the AFCS, unless the AFM permits the continued use of the auto-hover with transition mode capability despite the malfunction. 9.21 Use of the flight director (FD) (1) The flight must use the rotorcraft’s FD. (2) The active FD must be on the side of the pilot flying the rotorcraft. (3) FD commands displayed to the non-flying pilot must be those selected by the pilot flying.