Civil Aviation Order 82.6 Amendment Order (No. 1) 2009 (Cth)

I, john francis mcCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under paragraph 28BA (1) (b) and subsection 98 (4A) 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 John F. McCormick]

John F. McCormick
Director of Aviation Safety

24 November 2009

Civil Aviation Order 82.6 Amendment Order (No. 1) 2009

1           Name of instrument

                This instrument is the Civil Aviation Order 82.6 Amendment Order (No. 1) 2009 (the Amendment Order).

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 (CAO 82.6).

4           Transitional

                An NVG approval, NVG qualification, other approval or other instrument, however described, issued under CAO 82.6 before this Amendment Order deleted references to the NVG trial, is taken to have been issued as if the deletions had occurred immediately before the approval, qualification or other instrument was issued.

Note   CAO 82.6 introduced NVG as part of a trial of NVG technology. NVG approvals, qualifications and other instruments were issued on that basis. Civil Aviation Order 82.6 Amendment Order (No. 3) 2008 brought the NVG trial to an end on 31 January 2009. To avoid doubt, section 4 is intended only to ensure that approvals, qualifications and other instruments issued under CAO 82.6 for the trial, if still in force, remain in force according to their terms, and are not affected by the ending of the trial.

Schedule 1             Amendments

[1]         Subsection 1, definition of approved operator

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for the trial

[2]         Subsection 1, definition of NVG flight time

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NVG flight time means time spent in NVG-aided flight by an NVG aircrew member, an NVG pilot or a person receiving NVG flight training, during an NVG operation.

Note   NVG flight time should be logged in the specialist column of the aircrew flying log book.

[3]         Subsection 1, definition of NVG trial

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[4]         Appendix 1, subparagraph 1 (c) (iii)

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for the NVG trial

[5]         Appendix 1, clause 1, Note 3

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[6]         Appendix 1, clause 2, the title

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for the trial

[7]         Appendix 1, clause 4

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[8]         Appendix 1, subclause 5.3, the Note

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should

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must

[9]         Appendix 1, clause 8, the Note

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the requirements for CASA approval

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the requirements of this Order

[10]       Appendix 1, subclause 9.1

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by CASA or an NVG testing officer

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by CASA, an NVG FOI or an NVG testing officer

[11]       Appendix 1, subclause 9.3

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approved by CASA

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that is in accordance with this Order

[12]       Appendix 1, subclause 10.1

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CASA (first occurring)

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CASA or an NVG FOI

[13]       Appendix 1, subclause 10.1

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CASA is satisfied

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CASA or an NVG FOI is satisfied

[14]       Appendix 1, after subparagraph 13 (a) (i)

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                (ia)   an NVG flight instructor; or

[15]       Appendix 1, clause 14

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14         Flight testing and issuing endorsements

   14.1      An NVG flight test must be conducted in actual flight.

Note   A synthetic flight trainer, for example a flight simulator, may not be used for flight testing.

   14.2      An NVG testing officer appointed by CASA specifically for the purpose (NVG TO) may do any of the following:

(a)     conduct an NVG flight test, and issue an NVG endorsement, for an initial NVG pilot qualification;

(b)     conduct an NVG flight test for recognition of training and experience for clause 10 of this Appendix;

(c)     conduct an NVG flight test for the purpose of CASA issuing an approval for an NVG flight instructor, but only if CASA has informed the NVG TO in writing that CASA is unable to conduct the flight test.

Note 1   An NVG testing officer may not issue an NVG endorsement for recognition of training and experience for clause 10 of this Appendix.

Note 2   An NVG testing officer may not issue an NVG approval for an NVG instructor qualification.

   14.3      An NVG FOI may:

(a)     conduct an NVG flight test and issue an NVG endorsement for an initial NVG pilot qualification; and

(b)     conduct an NVG flight test, and issue an NVG endorsement, for recognition of training and experience for clause 10 of this Appendix; and

(c)     conduct an NVG flight test for the purpose of CASA issuing an approval or appointment for any of the following:

                  (i)   an NVG flight instructor;

                 (ii)   an NVG training and checking pilot of a TCO;

                (iii)   an NVG testing officer.

   14.4      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.

[16]       Appendix 2, paragraph 1.1 (c)

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(c)     be accepted by CASA; and

(d)     while complying with the requirements of paragraphs (a) and (b), be revised from time to time where necessary as a result of changes to the operator’s operations, aircraft or equipment, or in the light of experience.

[17]       Appendix 2, clause 2, the Note

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[18]       Appendix 2, clause 3

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For subregulation

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3.1

[19]       Appendix 2, after subclause 3.1

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     3.2      For subregulation 215 (3) of CAR 1988, CASA directs that if a provision of this Order, other than clause 4, mentions that the operations manual of an NVG operator must include a matter, the matter must be addressed in the operations manual in the detail, and to a standard, acceptable to CASA.

[20]       Appendix 2, before subclause 4.1

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4.1A      Organisation chart

4.1A.1     An organisation chart which clearly indicates:

(a)     the key NVG-related positions and position-holders responsible for the operator’s NVG operations; and

Note   This would include, for example, the safety manager (however described), the NVG chief pilot, the NVG senior pilot, and the NVG training and checking pilot.

(b)     the lines of accountability and responsibility of these position holders:

                  (i)   to the more senior people to whom they are accountable; and

                 (ii)   to the more junior people for whom they are responsible.

[21]       Appendix 2, paragraph 4.3.4 (c)

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, crew co-ordination and phraseology

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and crew co-ordination

[22]       Appendix 2, paragraph 4.3.7 (e)

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in-company

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close proximity

[23]       Appendix 2, after paragraph 4.5.1 (d)

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; and     (e)    white light failure requiring a no-light approach to landing.

[24]       Appendix 3, subclause 2.4

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     2.4      Before NVG operations may commence with aircraft lighting modified to be NVG compatible, an advice about the design of the modification must be submitted to CASA by an authorised person appointed for regulation 35 of CAR 1988.

[25]       Appendix 3, subclause 2.7

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     2.7      An operator conducting, or intending to conduct, NVG operations must have a documented maintenance program which includes procedures to ensure the following:

(a)     that maintenance, inspection, and serviceability standards for the NVG are met; and

(b)     that a biennial assessment is made to identify and rectify any degradation in the compatibility of the aircraft lighting systems with the NVG system.

Note   RTCA/DO-275 provides guidance for the ongoing maintenance of installed NVG compatible systems.

[26]       Appendix 3, subclause 2.8

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     2.8      The documented maintenance program mentioned in subclause 2.7 must include a method for assessing NVG compatibility with any subsequent aircraft modification, equipment introduction or repair that may have an effect on the aircraft’s NVG compatibility.

[27]       Appendix 3, paragraph 2.9 (b)

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original equipment manufacturer (OEM)

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manufacturer

[28]       Appendix 3, after subclause 2.9

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   2.10      For paragraph 2.9 (b):

manufacturer means the person who is:

(a)     the original manufacturer of the NVG; or

(b)     if parts of the NVG were manufactured by different persons — the person who makes the final assembly of the parts into the NVG.

[29]       Appendix 3, paragraph 3.1 (b)

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(b)     a CASA approved equivalent in terms of tube resolution, system resolution, system luminance gain, photosensitivity and signal to noise ratio.

[30]       Appendix 3, subparagraph 7 (g) (ii)

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                 (ii)   before the flight the NVG operator gives CASA written details of the intent and conduct of the flight, and receives from CASA written acknowledgment of those details.

[31]       Appendix 3, paragraph 8.3 (b)

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at, or above, 500 ft AGL in accordance with an application proposing relevant amendments to the operations manual if:

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at or above 500 ft AGL but below 1 000 ft AGL, or an operation to a HLS‑NVG basic, but only in accordance with an application to CASA proposing relevant amendments to the operations manual, and only if:

[32]       Appendix 3, subparagraph 8.3 (b) (i)

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CASA considers that

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having examined the operator’s risk assessment for the operation, CASA considers that

[33]       Appendix 3, after paragraph 8.3 (b)

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; or     (c)    permitted NVG operation below 500 ft in the hover during which an NVG aircrew member, who would otherwise complete the minimum NVG crew, de-goggles to enhance operational safety.

[34]       Appendix 3, after subclause 8.3

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  8.3A      If a single NVG pilot is the minimum NVG crew for an operation:

(a)     he or she must comply with night V.F.R. weather minima; and

(b)     subclause 10.2 does not apply.

[35]       Appendix 3, clause 10, the heading

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NVG flight weather minima (planning and actual), alternate aerodromes and fuel requirements

[36]       Appendix 3, subclauses 10.2 and 10.3

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   10.2      An NVG flight may comply with the standard reduced flight planning weather minima (standard RFPWM) for an operation as set out in the operations manual only if the standard RFPWM is in accordance with CAAP 174-1 (0) as in force from time to time.

   10.3      An NVG flight may comply with a non-standard RFPWM for an operation only if the non-standard RFPWM is:

(a)     described and assessed by the operator in a risk assessment given to CASA; and

(b)     approved by CASA following consideration of the risk assessment; and

(c)     set out in the operations manual with a copy of the CASA approval.

[37]       Appendix 3, subclause 14.2

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   14.2      CASA may appoint a person to be an NVG testing officer only if:

(a)     the person has NVG instructing experience acceptable to CASA; and

Note   Experience may be in military or civilian NVG instructing, in Australia or outside Australia, or in a combination of any of these. See CAAP 92-2 (1) for further guidance on NVG instructing experience that may be acceptable to CASA.

(b)the person has successfully completed an NVG flight test conducted by an NVG FOI or other person approved by CASA.

[38]       Appendix 3, paragraph 15.4 (fa)

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, acceptable to CASA,

[39]       Appendix 3, clause 21, Table 21.1, NVG CCF

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NVG CCF 6 monthly; after the first NVG CCF, each subsequent NVG CCF may be conducted within the 30 days before recency would otherwise expire. Annually; after the first NVG CCF, each subsequent NVG CCF may be conducted within the 30 days before recency would otherwise expire.

[40]       Appendix 3, clause 22, Table 22.1, NVG CCF

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NVG CCF 6 monthly; after the first NVG CCF, each subsequent NVG CCF may be conducted within the 30 days before recency would otherwise expire. Annually; after the first NVG CCF, each subsequent NVG CCF may be conducted within the 30 days before recency would otherwise expire.

[41]       Appendix 3, after subparagraph 23.2 (d) (ii)

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               (iia)   white light failure requiring a no-light approach to landing;

[42]       Appendix 3, paragraph 23.3 (b)

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(b)involve an NVG flight that is:

                  (i)   representative of the operator’s typical NVG mission profile; and

                 (ii)   in the nature of a check flight that establishes the NVG aircrew member’s competency; and

[43]       Appendix 3, paragraph 24 (a)

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(a)     be in accordance with the relevant syllabus as set out in CAAP 174-1 (0) as in force from time to time and included in the operations manual; and

[44]       Appendix 3, clause 29

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Before commencing

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                29.1         Subject to subclause 29.2, before commencing

[45]       Appendix 3, after subclause 29.1

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   29.2      CASA may by legislative instrument exempt a trainee pilot from a requirement mentioned in subclause 29.1 if:

(a)     a safety case prepared by the trainee pilot or other relevant person is given to CASA; and

(b)     the safety case documents and demonstrates that an acceptable level of safety for NVG training and NVG operations will be preserved in spite of the exemption from the requirement.

[46]       Appendix 3, paragraph 30.2 (a)

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4

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3

[47]       Appendix 3, subclause 30.2, the Note

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Note   If only 3 separate NVG flights are used, the trainee should undergo at least 4 supervised NVG pre‑flight and operational functional check procedures in accordance with the manufacturer’s requirements.

[48]       Appendix 3, Attachment 1, amended performance requirement

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Class A/B filter

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Class B filter