Civil Aviation Order 82.6 Amendment Order (No. 1) 2008 (Cth)

I, William Bruce Byron, Director of Aviation Safety, on behalf of CASA, make this instrument under paragraph 28BA (1) (b) of the Civil Aviation Act 1988 and subregulations 5 (1), 207 (2), 215 (3), 217 (1) and 308 (1) of the Civil Aviation Regulations 1988.

[Signed Bruce Byron]

Bruce Byron
Director of Aviation Safety and
   Chief Executive Officer

19 May 2008

Civil Aviation Order 82.6 Amendment Order (No. 1) 2008

1          Name of instrument

            This instrument is the Civil Aviation Order 82.6 Amendment Order (No. 1) 2008.

2          Commencement

            This instrument commences on the day after it is registered.

3          Amendment of Civil Aviation Order 82.6 Instrument 2007

            Schedule 1 amends Civil Aviation Order 82.6 Instrument 2007.

Note   This amendment is to extend the duration of the NVG trial to the end of 31 January 2009.

4          Amendment of Civil Aviation Order 82.6

            Schedule 2 amends Civil Aviation Order 82.6 (CAO 82.6) as contained in Civil Aviation Order 82.6 Instrument 2007.

Note   As part of the process of making it, CAO 82.6 was Schedule 1 of Civil Aviation Order 82.6 Instrument 2007.

Schedule 1       Amendment

[1]        Paragraph 2 (b)

substitute

(b)   stops having effect at the end of 31 January 2009.

Schedule 2       Amendment

[1]       Subsection 1, definition of aerial fire fighting

substitute

aerial fire fighting means an operation, in an operational area for a fire, to fight the fire from the air using:

(a)   a flight crew of at least 1 pilot and 1 aircrew member; and

(b)   a helicopter equipped with a belly tank that is filled and refilled with water, fire retardant or similar substance:

             (i)  from a source on the ground while the helicopter is on the ground; or

            (ii)  from a portable tank at a standard HLS with ground lighting while the helicopter is in the hover using the helicopter’s on-board pump.

Note   For standard HLS, see CAAP 92-2. This is not a HLS-NVG standard.

[2]        Appendix 1, both paragraphs 5.1 (h)

substitute

(h)   NVG flight for demonstrating NVG technology;

(i)    positioning flight for an operation mentioned in paragraphs (a) to (f), inclusive.

[3]        Appendix 1, subclause 9.2, including the Note

            substitute

   9.2     An applicant may obtain an NVG aircrew member qualification only by a log book endorsement entered by an NVG aircrew member instructor of an approved NVG operator’s TCO or of an approved NVG training provider.

[4]       Appendix 1, subclause 11.2

omit all words after

4 weeks,

insert

have had, in the helicopter type:

(a)   an NVG CCF; or

(b)   an NVG operational flight check, acceptable to CASA, in accordance with the operator’s operations manual.

[5]       Appendix 1, after subclause 11.2

insert

11.3     Subclause 11.2 does not apply if, for the purposes of this Order, the NVG pilot has completed an NVG flight test in the helicopter type.

[6]        Appendix 1, paragraph 14.1 (c)

omit

[7]        Appendix 1, after subclause 14.1

insert

14.1A     Only an NVG FOI may conduct an NVG flight test to approve an NVG training and checking pilot of a TCO.

[8]        Appendix 1, subclause 14.2

substitute

14.2     An NVG aircrew member qualification may only be awarded:

(a)   in accordance with the procedures set out in the operations manual of an operator permitted under subparagraph 5.1 (g) (i) or (ii) of this Appendix to provide NVG training; and

(b)   by an NVG aircrew member instructor of the operator’s TCO or of an approved NVG training provider.

[9]       Appendix 3, paragraph 7 (g), including the Note

substitute

(g)   if the operation is an NVG flight to demonstrate NVG technology — a passenger to observe the demonstration, provided:

             (i)  the carriage is in accordance with procedures and conditions, acceptable to CASA, set out in the operator’s operations manual; and

            (ii)  not later than 48 hours before the flight, CASA is notified in writing of the name, position and organisation of the passenger, and the proposed flight plan.

Note 1   For paragraph 7 (f), examples of a person whose presence may be essential include police, fire fighting, rescue or medical personnel, marine pilots in transfer, and persons who are apprehended, evacuated, rescued or being transported as an integral part of the operation.

Note 2   For paragraph 7 (g), carriage of such passengers must be solely for demonstration purposes. Guidance about the relevant procedures and conditions that CASA would find acceptable in an operations manual, is contained in CAAP 174-1 (1). The guidance relates to, for example, number of passengers, passenger emergency training, minimum height above highest obstacle, flights over water and suitable HLS.

[10]     Appendix 3, after paragraph 11 (b)

insert

or (c)  land as soon as practicable but only if a suitable HLS is available and it is safe to land at it.

Note   A suitable HLS includes a HLS-NVG basic and a HLS-NVG standard if landing there is otherwise permitted under this Order.

[11]     Appendix 3, paragraph 15.4 (b)

after

approved

insert

in writing

[12]     Appendix 3, paragraph 15.4 (c)

after

approved

insert

in writing

[13]     Appendix 3, paragraph 15.4 (d)

omit

[14]     Appendix 3, paragraph 15.4 (f)

omit

at least 40 hours of NVG flight

insert

at least 50 hours of NVG flight, including flight for an NVG flight instructor training course, within the 12 months before the application,

[15]     Appendix 3, after paragraph 15.4 (f)

insert

(fa)  successful completion of an NVG flight instructor training course, acceptable to CASA, that:

             (i)  is of at least 5 hours’ duration; and

            (ii)  has a syllabus which includes development of the ability to instruct effectively for competency in the subjects mentioned in subclause 30.4 of this Appendix; and

Note   The syllabus may also provide for development of other instructional abilities relevant to the requirements of the operator’s specific NVG operations.

            (iii)  is conducted by an approved operator in accordance with his or her operations manual;

[16]     Appendix 3, clause 21, Table 21.1 column 2, the heading

substitute

        Up to 50 hours of NVG flight time as an NVG pilot in command (PIC), NVG pilot in command under supervision (PICUS) or NVG pilot under post-initial qualification dual instruction by an NVG flight instructor (dual)

[17]     Appendix 3, clause 21, Table 21.1 column 3, the heading

substitute

        More than 50 hours of NVG flight time as an NVG PIC, NVG PICUS, or NVG pilot dual

[18]     Appendix 3, clause 21, Table 21.1 column 2, for NVG flight time

substitute

(a)   for:

             (i)  NVG PIC, NVG PICUS — 3 hours, incorporating at least 3 take‑offs, circuits and landings within the last 3 months; or

            (ii)  NVG CCF within the last 3 months;

(b)   for:

             (i)  NVG pilot acting in any co-pilot capacity — 1 hour, incorporating at least 3 take-offs, circuits and landings within the last 3 months; or

            (ii)  NVG CCF within the last 3 months

[19]     Appendix 3, paragraph 29 (e)

substitute

(e)   a total of at least 10 hours’ experience:

             (i)  for a command pilot — as pilot in command at night (unaided) under the NVFR; and

            (ii)  for a co-pilot — as a pilot in command at night (unaided) or as a co‑pilot at night (unaided) under the NVFR;

        of which either of the following must be in the 3 months immediately before the initial award of the NVG endorsement:

            (iii)  at least 3 hours; or

           (iv)  an unaided check flight at night with an instructor qualified toinstruct in a helicopter under the NVFR, that meets the requirements specified in paragraphs 2.1 (a) and (c) in Appendix 1 of CAO 40.2.2;

Note 1   Paragraphs 2.1 (a) and (c) of Appendix 1 in CAO 40.2.2 provide for the minimum handling requirements for instruments under the NVFR.

Note 2   If the pilot is already qualified under the NVFR, the alternative requirement provided for in subparagraph (e) (iv) would also satisfy the requirements of sub-subparagraphs 29 (f) (ii) (C) and (D) if it were conducted within the 3 months immediately before commencing NVG training.

[20]     Appendix 3, subparagraph 29 (f) (ii)

omit

dedicated dual instrument training

insert

dedicated helicopter dual instrument training

[21]     Appendix 3, sub-subparagraph 29 (f) (ii) (A)

omit

[22]     Appendix 3, subparagraph 29 (h)

omit

and had his or her log book endorsed accordingly.

insert

that, as a minimum meets:

             (i)  the requirements of clause 3 in Appendix 1 of CAO 29.10 (the acceptable standard); or

            (ii)  a standard demonstrated by the trainee pilot to CASA’s satisfaction to be equivalent to the acceptable standard.