Division 3 Additional requirements for NVIS operations
3.08 Aircraft lighting
Despite any other provision of this MOS, 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 Division 26.7 contains requirements for the fitment and use of aircraft exterior lighting.
3.09 Minimum height under the NVFR or the IFR for NVIS operations
(1) The pilot in command of an aircraft for an NVIS operation may, if it is operationally necessary, fly below:
(a) for a VFR flight at night — the minimum height prescribed under regulation 91.277; and
(b) for an IFR flight — the minimum height prescribed under regulation 91.305.
(2) Under regulation 11.160 of CASR, the pilot in command of an aircraft for an NVIS operation is exempted from the requirements of regulation 91.277 or 91.305 (as the case requires):
(a) on condition that the requirements of this section are complied with; and
(b) on condition that the pilot in command makes no request to ATC for any clearance inconsistent with the requirements of this section; and
(c) on condition that an NVIS operation conducted under the IFR maintains VMC during flight below the minimum heights referred to in subsection (1); and
(d) only insofar as compliance with this section would otherwise be an offence under subregulation 91.277 (4) or 91.305 (4) (as applicable).
Note 1 It is not an offence to fly below the prescribed minimum heights in the circumstances mentioned in subregulation 91.277 (4) or 91.305 (4).
Note 2 This exemption expires 3 years after commencement: see paragraph 11.230 (1) (b) of CASR. Before it expires, Part 91 will be amended to accommodate the rules in this section without recourse to an exemption.
Note 3 The VMC criteria are contained in section 2.07.
(3) If an NVIS operation is conducted:
(a) below the minimum height for a VFR flight at night, as prescribed under regulation 91.277; or
Division Div 3 - Part 91 (General Operating and Flight Rules) Manual of Standards 2020 - Additional requirements for NVIS operations | Zoe
(b) below the minimum height for an IFR flight, as prescribed under regulation 91.305;
then, 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.
(4) If, for subsection (1), an NVIS operation is conducted by a single NVIS pilot as the only NVIS crew member then, subject to subsection (5), 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) conducted at or above 500 ft AGL; and
(c) the subject of a detailed risk assessment given to CASA; and
(d) conducted by an operator who holds a CASA approval under regulation 91.045.
(6) If, for subsection (1), 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.
3.10 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 3.10 (1) of this MOS;
(b) the in-flight cloud requirements approved by CASA under subsection (3).
(2) For Table 3.10 (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 3.10 (1) — In-flight cloud requirements
Column 1
Column 2
Column 3
Item
NVIS aircraft and crew
Kind of NVIS flight for the 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 3.02, 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) approved by CASA under regulation 91.045.
(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.