CASA 288/07 - Direction - use of night vision devices prohibited in private operations

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2007L02574 In force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

Direction — use of night vision devices prohibited in private operations

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.

 

Under subregulation 209 (1) of the Civil Aviation Regulations 1988 (CAR 1988), the operator and the pilot in command of an aircraft engaged in a private operation must comply with the provisions of CAR 1988 and with such additional conditions as CASA from time to time directs in the interests of safety (a CAR 209 direction).

 

Background

Night vision goggles (NVG) for night flying are used extensively in the highly trained and disciplined arena of military aviation operations by the Australian Defence Force. But, without high grade training and standards, the use of NVG in Australian civil aviation operations poses risks.

 

CASA is conducting a 12 month trial of NVG by certain Air Operator Certificate (AOC) holders, namely approved aerial work operators in emergency-type operations (including law enforcement, search and rescue and aerial fire fighting). CASA is using processes and standards established by Civil Aviation Order 82.6 (CAO 82.6).

 

Until the results of this trial have been collected and assessed, CASA considers that, in the interests of safety, NVG should not be used in private operations. At the conclusion of the trial, CASA will consider whether, and if so under what conditions, it would be safe to permit use of NVG or other night vision devices for navigational purposes in private operations.

 

Previous direction

In early 2007, while CAO 82.6 was in the final stages of preparation, the threatened use of NVG in private and other operations resulted in CASA issuing a CAR 209 direction (CASA 30/07) making it a condition of any private operation that the operator and pilot in command must not use a night vision device as the primary means of terrain avoidance for safe air navigation by means of visual surface reference external to an aircraft.

 

A night vision device includes the most obvious form of this equipment, namely NVG. However, it was necessary to use a broader definition than merely NVG to ensure that other similar devices were also covered. Thus, a night vision device meant night vision enhancement equipment fitted to, or mounted in or on, an aircraft, or worn by a person in the aircraft, that can detect and amplify light in both the visual and near infra-red bands of the electromagnetic spectrum, or provide an artificial image representing topographical displays.

 

CAO 82.6 trial

CAO 82.6 was finalised, commenced on 31 July 2007 and the trial of NVG is underway. The first steps in the trial are start-up steps in which CASA NVG flying operations inspectors (NVG FOIs) must flight test and qualify (by endorsing log books) suitably skilled and experienced pilots as NVG pilots and NVG flight instructors to conduct permitted operations for approved operators.

 

However, such flight tests, and other competency check flights may take the form of private operations which would otherwise be prohibited by the previous direction.

 

Therefore, it is necessary to modify the application of the previous direction about use of NVG in private operations to bring it into harmony with the provisions of CAO 82.6 and CASA’s start-up plans to implement CAO 82.6.

 

New CAR 209 direction

Instrument CASA 288/07 (the new direction), revokes the previous direction.

 

The new direction is expressed to apply to each operator, and each pilot in command, of a private operation.

 

Under the direction, it is a condition of a private operation that a night vision device must not be used in the operation as the primary means of terrain avoidance for safe air navigation by means of visual surface reference external to an aircraft.

 

However, the new CAR 209 direction is expressed not to apply if the private operation is an NVG flight test or an NVG competency check flight (NVG CCF) under CAO 82.6 that is conducted by an NVG FOI.

 

The previous direction had a provision that permitted use of NVG in private operations related to an NVG operation for which CASA approval had been given. It was thought that some operators held such pre-CAO 82.6 CASA approvals to use NVG and that they conducted NVG pilot training and checking in private operations. However, no such approvals were, in fact, given.

 

CASA intends that NVG use will only be permitted in accordance with CAO 82.6 and that all NVG flights, including flight tests and NVG CCFs conducted by anyone other than the NVG FOIs, must be conducted by approved operators, whether under a relevant AOC (for  NVG initial training) or as a private operation (for other than NVG initial training).

 

The new direction, therefore, contains a provision to the effect that NVD in the form of NVG may be used if the private operation is NVG training, other than NVG initial training, by an approved NVG operator, for a permitted NVG operation, in accordance with Civil Aviation Order 82.6. (NVG initial training has the same meaning as in CAO 82.6 and is, in effect, the training required to obtain an initial NVG qualification.)

 

Legislative Instruments Act

The direction is considered to be a legislative instrument for section 5 of the Legislative Instruments Act 2003 (the LIA). It is, therefore, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

Consultation under section 17 of the LIA has not been undertaken before making the modified direction because it is considered to be of only beneficial effect to industry.

 

For the making of CAO 82.6, there was extensive consultation with the specialised helicopter aviation industry, particularly the Helicopter Association of Australia. A joint CASA/industry panel was also established to monitor the 12 month trial and the new direction will be reported to the panel.

 

However, it is necessary to make the new direction as soon as possible. Since its intent and effect is only to expedite the process of CASA NVG FOI flight testing and checking suitable pilots, without otherwise altering the restriction on the use of NVG in private operations, it was considered that further consultation was not required.

 

Making, registration and commencement

The instrument comes into effect on the day after it is registered.

 

The instrument has been made by a delegate of CASA in accordance with regulation 7 of CAR 1988.

 

[Instrument number CASA 288/07]

Overview

The Civil Aviation Regulations 1988, enacted in 1988, provide a regulatory framework for ensuring the safety of civil aviation in Australia. The 2007 instrument CASA 288/07, specifically targeting the use of night vision devices (NVD) in private operations, addresses the safety concerns associated with the inappropriate use of such devices in civilian contexts. This legislative instrument was introduced to mitigate risks posed by the potential misuse of NVD in private operations, particularly in light of the ongoing trial by the Civil Aviation Safety Authority (CASA) of these devices in controlled, high-standard environments. The policy objective is to maintain stringent safety standards until the trial results validate safe conditions for broader use. The instrument, made under section 98 of the Civil Aviation Act 1988 and section 5 of the Legislative Instruments Act 2003, revokes a previous direction concerning the use of NVD in private operations. The new direction prohibits the use of NVD as the primary means of terrain avoidance during private operations, except for specific NVG flight tests and competency check flights conducted by qualified NVG flight instructors, as outlined in Civil Aviation Order 82.6. This regulation aims to harmonise the use of NVD with the trial processes and safety standards established by CASA, ensuring that NVD use remains restricted until the trial is complete and safety assessments are finalised.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) govern the safety of air navigation and, under Section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the Act and the safety of air navigation. One such regulation is the new CAR 209 direction, issued by the Civil Aviation Safety Authority (CASA) as CASA 288/07, which modifies the previous prohibition on the use of night vision devices (NVD) in private operations. The new direction applies to operators and pilots in command of aircraft engaged in private operations, prohibiting the use of NVD as the primary means of terrain avoidance for safe air navigation by means of visual surface reference external to an aircraft. However, it excludes NVG flight tests and NVG competency check flights conducted by NVG flight operations inspectors under Civil Aviation Order 82.6. Furthermore, NVD in the form of NVG may be used if the private operation is NVG training by an approved NVG operator, for a permitted NVG operation, in accordance with Civil Aviation Order 82.6. The direction is considered a legislative instrument for section 5 of the Legislative Instruments Act 2003 (LIA) and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. The instrument comes into effect on the day after it is registered and has been made by a delegate of CASA in accordance with regulation 7 of CAR 1988.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) provide a comprehensive framework for the regulation of civil aviation in Australia, and section 209(1) of these regulations specifically addresses the use of night vision devices (NVD) in private operations. The new direction, CASA 288/07, issued under this section, modifies the conditions under which NVD, such as night vision goggles (NVG), can be used in private aviation operations. According to subregulation 209(1) of the CAR 1988, operators and pilots in command of aircraft engaged in private operations must comply with the provisions of the regulations and any additional conditions CASA directs. This means that private operators and pilots must not use NVD as the primary means of terrain avoidance for safe air navigation by means of visual surface reference external to an aircraft (CAR 209 direction). The new direction, however, introduces an exception for NVG flight tests and NVG competency check flights (NVG CCF) conducted by NVG flight instructors (NVG FOI). This exception is crucial for the implementation of Civil Aviation Order 82.6 (CAO 82.6), which governs the trial of NVG in certain approved operations. The direction also allows NVG to be used in private operations for NVG training, other than NVG initial training, by approved NVG operators, in accordance with CAO 82.6. These exceptions ensure that the trial can proceed without unnecessary regulatory barriers while maintaining safety standards. The obligations imposed by the new direction on operators and pilots in command of private aircraft are clear: they must adhere to the restriction on the use of NVD unless conducting NVG flight tests, NVG CCFs, or approved NVG training. This requirement is essential for the safety of air navigation and to prevent the premature introduction of NVG into private operations before the trial results are assessed. CASA’s directive aligns with the overarching goal of ensuring that NVG are used safely and effectively in civil aviation, informed by the trial’s findings. Breaching the conditions set out in the new direction can lead to civil or criminal penalties. While the exact penalties are not specified in the explanatory statement, it is known that violations of the CAR 1988 can result in significant fines and potential imprisonment. The precise penalties would depend on the nature and severity of the breach, as well as any applicable state or federal laws. The strict enforcement of these conditions underscores the importance of adhering to safety regulations in aviation to protect public safety and ensure compliance with legislative standards.

Legal classification tags

Area of Law
Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Offence Provisions
Regulatory Standards
Compliance Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.