CASA 30/07 - Direction – use of night vision devices prohibited in private operations

Overview

The Civil Aviation Regulations 1988 were amended by the Civil Aviation Order 82.0 Amendment Order (No. 1) 2007 to address the gap in the prohibition of civilian use of night vision goggles (NVG) in private operations. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act and the safety of air navigation, and the Civil Aviation Regulations 1988 mandate compliance with such regulations by aircraft operators and pilots in command. Prior to the Amendment Order, there was no explicit prohibition on the civilian use of NVG in helicopters or other aircraft, leading to potential reckless operation of aircraft under section 20A of the Act. The Amendment Order was enacted by the Civil Aviation Safety Authority (CASA) in the interests of safety, prohibiting the use of night vision devices as the primary means of terrain avoidance for safe air navigation in private operations. The direction does not apply to private operations directly related to operations approved for the use of night vision devices, such as certain training and checking activities. The direction is considered a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament.

Scope and Application

The Civil Aviation Regulations 1988, as amended by the Civil Aviation Order 82.0 Amendment Order (No. 1) 2007, apply to the use of night vision devices (NVD) in private operations to ensure safety during air navigation. Specifically, the regulation prohibits the use of NVD, which includes night vision enhancement equipment 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, as the primary means of terrain avoidance in private operations. This prohibition applies to operators and pilots in command engaged in private operations, except where such operations are directly related to an approved use of NVD, such as certain in-house training and checking under a CASA approval. The regulation is intended to maintain safety standards until CASA completes a 12-month trial on the use of NVD by approved aerial work operators in emergency-type operations. This direction is considered a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in Parliament.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) have been amended to explicitly prohibit the use of night vision devices (NVG) in private operations. This prohibition is mandated under subregulation 209(1) of the CAR 1988, which requires operators and pilots in command to comply with the regulations and additional conditions set by the Civil Aviation Safety Authority (CASA) to ensure safety. This amendment specifically targets the use of NVG, which includes any equipment that can detect and amplify light in the visual and near infra-red bands of the electromagnetic spectrum or provide artificial images of topographical displays. The regulation aims to prevent reckless operation of aircraft by ensuring that NVG is not used as the primary means of terrain avoidance in private operations. The obligations imposed by this direction include ensuring that operators and pilots in command do not use NVG or similar devices in private operations without specific approval from CASA. The direction applies to all private operations unless they are directly related to approved activities such as in-house training and checking under CASA’s approval. This is aimed at maintaining safety standards while allowing for controlled experimentation with NVG in approved aerial work operations. The specific exclusions and the requirement for CASA oversight are designed to ensure that NVG technology is not misused or deployed in an unsafe manner in the civil aviation environment. Breach of this direction can result in serious consequences. Under section 20A of the Civil Aviation Act 1988, reckless operation of an aircraft can lead to both civil and criminal penalties. While the specific penalties are not detailed in the explanatory statement, reckless operation is a serious offence that can result in substantial fines and imprisonment. Additionally, any non-compliance with CASA’s directions can be subject to further regulatory action, including the potential for CASA to take enforcement measures to ensure compliance with aviation safety standards. In summary, the new provisions in the Civil Aviation Regulations 1988 clearly prohibit the use of NVG in private operations to prevent reckless operation and ensure safety. The obligations are placed on operators and pilots to adhere to these regulations and to seek CASA’s approval for any approved activities involving NVG. The consequences for non-compliance can be severe, with potential penalties including fines and imprisonment under the broader civil aviation safety laws.