Civil Aviation Regulations (Amendment) 1998 No. 32
EXPLANATORY STATEMENT
STATUTORY RULES 1998 NO. 32
Issued by the authority of the Minister for Transport and Regional Development
Civil Aviation Act 1988
Civil Aviation Regulations (Amendment)
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act and in relation to the safety of air navigation.
PURPOSE OF REGULATIONS
Under subregulation 174C (1) of the Civil Aviation Regulations (the Regulations), a person could not fly an aircraft at night under the Visual Flight Rules (the V.F.R.) unless he or she was the holder of a licence endorsed with a night V.F.R. agricultural rating or a night V.F.R. rating, issued by the Civil Aviation Safety Authority (CASA). A night V.F.R. agricultural rating does not have a general effect and applies only if the person is carrying out agricultural operations. In all other cases, a night V.F.R. rating was required. In addition, individual permissions can be obtained under subregulation 174C (2).
Subject to some exceptions, regulations in Part 5 of the Regulations also provide, in respect of each type of pilot licence for aircraft, that a holder of such a licence must not carry out an activity for which a rating is required unless the person holds the rating or is receiving instruction in relation to the rating.
The new regulations amend regulations 5.74, 5.80, 5.90, 5.107, 5.123, 5.168 and 5.177 in Part 5 of the Regulations, and regulation 174C, to give pilots limited rights to fly an aeroplane or helicopter at night under the V.F.R. without a night V.F.R. rating or an individual permission.
These amendments are in response to requests from the aviation industry to give a limited right to aeroplane and helicopter pilots to conduct night V.F.R. operations without a night V.F.R. rating.
The existing Part 5 and Regulation 174C were introduced in 1992 in line with the principle that if an activity requires a rating to be held, persons not holding the rating are precluded from undertaking the activity. However, it had the effect of denying trainee pilots the ability to fly at night in an aerodrome traffic pattern as a training activity. These amendments will give a limited right to pilots without a night V.F.R. rating to fly at night under the V.F.R. rules, allowing them to obtain valuable flying training and flying experience.
VISUAL FLIGHT RULES
Under the Regulations, flights may be carried out under the V.F.R. if the aircraft can remain at certain minimum vertical and horizontal distances from cloud and the flight visibility from the cockpit meets certain minimum requirements.
AMENDMENTS OF PART 5
The amendments of Part 5 give a limited right to pilots of aeroplanes or helicopters to fly at night under the V.F.R. without a night V.F.R. rating.
Such flights are subject to compliance with detailed conditions and restrictions set out in the amendments. A pilot is not allowed to fly at night under the V.F.R. without a rating unless he or she is able to demonstrate the necessary handling skills by satisfying the night V.F.R. handling requirements. He or she also has to be under direct supervision by an authorised flight instructor in accordance with the amended Part 5. The flight has to be in the traffic pattern for an aerodrome and the pilot needs to have the necessary recent experience in landings and take-offs as specified in die amended Part 5.
AMENDMENT OF REGULATION 174C
The amendments of regulation 174C allow a pilot to fly at night under the V.F.R. without a night V.F.R. rating if he or she is permitted under Part 5 to do so. They also allow the holder of an instrument rating to fly at night under the V.F.R. without a night V.F.R. rating if the holder uses the navigation aids that he or she is endorsed to use with the instrument rating and complies with the conditions issued by CASA in Civil Aviation Orders relating to aeronautical experience and recent experience.
The Regulations commenced on gazettal.
Details of the Regulations are attached.
Authority: Subsection 98 (1) of the
Civil Aviation Act 1988
ATTACHMENT
REGULATION 1 (Amendment)
This regulation provides that the Civil Aviation Regulations (the Regulations) are amended as set out in the unending Regulations.
REGULATION 2 (New regulations 5.01A and 5.01B)
Regulation 2 adds 2 new regulations to Division 1 of Part 5 of the Regulations.
Details of the 2 regulations follow.
Regulation 5.01A (Night V.F.R. handling requirements for unrated pilots)
This regulation sets out the night handling requirements that a person must satisfy before being entitled to fly an aircraft at night under the V.F.R. without a night V.F.R. rating.
Subregulation 5.01A(1) sets out the handling skills that the person must demonstrate.
These skills are:
1. the ability to manually recover from unusual attitudes by reference only to flight instruments (unusual attitudes are extreme positions that an aircraft is made to adopt, not being positions encountered in the course of normal flying);
2. the ability to manually perform certain manoeuvres by reference only to flight instruments (including turns, straight and level flight and climbs and descents);
3. the ability to manually perform certain sequences, being normal or emergency procedures, by reference to visual cues and flight instruments.
Subregulation 5.01A (2) sets out the tolerances within which manoeuvres and sequences required under subregulation (1) may be performed, being a variance of 10' or less from a nominated heading, 10 knots or less from a nominated speed and 200 feet or less from a nominated altitude.
Subregulation 5.01A (3) defines what performing a circuit means. for subregulation 5.01A (1), being essentially a flight circling an aerodrome in the traffic pattern for that aerodrome.
Regulation 5.01B (Direct supervision)
This regulation defines what is taken to constitute the direct supervision of an authorised flight instructor for the purposes of Part 5 and, in particular, for the proposed amendments of that Part.
For a flight at night under the V.F.R. to be under direct supervision, the flight instructor is required to:
1. provide guidance to the pilot in relation to the flight;
2. be nominated by the Chief Flying Instructor of a flying school to provide that guidance;
3. be at the aerodrome from which the flight started or flying in the vicinity of the aerodrome;
4. be accessible during the flight by radio or other electronic means.
REGULATION 3 (Regulation 5.74 - May an instructor permit a student to carry out activities for which a rating is required?)
Regulation 5.74 provided that an authorised flight instructor must not permit a student pilot to carry out any activity for which a flight crew rating is required.
Regulation 31 amends regulation 5.74 so that an authorised flight instructor may permit a student pilot to fly an aircraft at night under the V.F.R. without a night V.F.R. rating if the conditions set out in subregulations (2) and (3) are satisfied.
Subregulation 5.74 (2):
Subregulation 5.74 (2) states that an authorised flight instructor may permit a student to fly an aircraft at night under the V.F.R. without a night V.F.R. rating. The conditions subject to which that permission may be given are as follows:
1 . The flight must be conducted under direct supervision as defined in proposed regulation 5.01B.
2. Weather conditions must permit the conduct of the flight under the V.F.R.
3. An authorised flight instructor must have entered in the student's log book a statement that the student has satisfied the night V.F.R. handling requirements, as defined in regulation 5.01A, in an aircraft of the same category, which would be an aeroplane or a helicopter, depending on the aircraft to be flown.
4. The student must have the recent experience in take-offs and landings set out in the proposed subregulation 5.74 (3).
5. There must be no passengers in the aircraft.
Subregulation 5.74 (3):
Subregulation 5.74 (3) requires that the student must have carried out the required number of take-offs and landings at night under the V.F.R. The required number is 3 take-offs and 3 landings while flying as pilot in command or 1 take-off and 1 landing while dual flying (undergoing flying training with an authorised person).
The required landings and take-offs have to be carried out within the last 30 days, if the student pilot has not passed a general flying progress flight test for the category of aircraft used, or within the last 90 days if the student has passed the general flying progress flight test.
The landings and take-offs have to be in an aircraft of the same category (either an aeroplane or a helicopter) as the one to be used in the intended flight under subregulation 5.74 (2).
REGULATION 4 (Regulation 5.80 - Private (aeroplane) pilot: rating required)
Regulation 5.80 provides that a private pilot (aeroplane) licence does not authorise a person while flying an aeroplane as pilot in command or co-pilot to carry out an activity for which a flight crew rating is required unless the holder also holds a rating that authorises that activity.
Regulation 4 amends regulation 5.80 to allow the holder of a private pilot (aeroplane) licence to fly as pilot in command at night under the V.F.R. without holding the appropriate night V.F.R. rating. The flight may only be carried out subject to the following conditions:
1. The aeroplane must be flying in a traffic pattern.
2. Weather conditions must permit the conduct of the flight under the V.F.R.
3. An authorised flight instructor must have entered in the holder's log book a statement that the holder has satisfied the night V.F.R. handling requirements as defined in regulation 5.01A.
4. The holder must have carried out the required number of take-offs and landings at night under the V.F.R. within the last 90 days. The required number is 3 take-offs and 3 landings while flying as pilot in command or 1 take-off and 1 landing while dual flying (undergoing flying training with a person authorised to give that training).
5. The flight must be under the direct supervision of an authorised flight instructor.
6. There must be no passengers in the aeroplane.
REGULATION 5 (Regulation 5.90 - Private (helicopter) pilot: rating required)
Regulation 5.90 provides that a private pilot (helicopter) licence does not authorise a person while flying a helicopter as pilot in command or co-pilot to carry out an activity for which a flight crew rating is required unless the holder also holds a rating that authorises that activity.
Regulation 5 amends regulation 5.90 to allow the holder of a private pilot (helicopter) licence to fly as pilot in command at night under the V.F.R. without holding the appropriate night V.F.R. rating. The flight may only be carried out subject to the following conditions:
1. The helicopter must be flying in a traffic pattern.
2. Weather conditions must permit the conduct of the flight under the V.F.R.
3. An authorised flight instructor must have entered in the holder's log book a statement that the holder has satisfied the night V.F.R. handling requirements as defined in regulation 5.01A.
4. The holder must have carried out the required number of take-offs and landings at night under the V.F.R. within the last 90 days. The required number is 3 take-offs and 3 landings while flying as pilot in command or 1 take-off and 1 landing while dual flying (undergoing flying training with a person authorised to give that training).
5. The flight must be under the direct supervision of an authorised flight instructor.
6. There must be no passengers in the helicopter.
REGULATION 6 (Regulation 5.107 - Commercial (aeroplane) pilot: rating required)
Regulation 5.107 provides that a commercial pilot (aeroplane) licence does not authorise a person while flying an aeroplane as pilot in command or co-pilot to carry out an activity for which a flight crew rating is required unless the holder also holds a rating that authorises that activity.
Regulation 6 amends regulation 5.107 to allow the holder of a commercial pilot (aeroplane) licence to fly as pilot in command at night under the V.F.R. without holding the appropriate night V.F.R. rating. The flight may only be carried out subject to the following conditions:
1. The aeroplane must be flying in a traffic pattern.
2. Weather conditions must permit the conduct of the flight under the V.F.R.
3. An authorised flight instructor must have entered in the holder's log book a statement that the holder has satisfied the night V.F.R. handling requirements as defined in regulation 5.01A.
4. The holder must have carried out the required number of take-offs and landings at night under the V.F.R. within the last 90 days. The required number is 3 take-offs and 3 landings while flying as pilot in command or 1 take-off and 1 landing while dual flying (undergoing flying training with a person authorised to give that training).
5. The flight must be under the direct supervision of an authorised flight instructor.
6. There must be no passengers in the aeroplane.
REGULATION 7 (Regulation 5.123 - Commercial (helicopter) pilot: rating required)
Regulation 5.123 provides that a commercial pilot (helicopter) licence does not authorise a person while flying a helicopter as pilot in command or co-pilot to carry out an activity for which a flight crew rating is required unless the holder also holds a rating that authorises that activity.
Regulation 7 amends regulation 5.123 to allow the holder of a commercial pilot (helicopter) licence to fly as pilot in command at night under the V.F.R. without holding the appropriate night V.F.R. rating. The flight may only be carried out subject to the following conditions:
1. The helicopter must be flying in a traffic pattern.
2. Weather conditions must permit the conduct of the flight under the V.F.R.
3. An authorised flight instructor must have entered in the holder's log book a statement that the holder has satisfied the night V.F.R. handling requirements as defined in regulation 5.01A.
4. The holder must have carried out the required number of take-offs and landings at night under the V.F.R. within the last 90 days. The required number is 3 take-offs and 3 landings while flying as pilot in command or 1 take-off and 1 landing while dual flying (undergoing flying training with a person authorised to give that training).
5. The flight must be under the direct supervision of an authorised flight instructor.
6. There must be no passengers in the helicopter.
REGULATION 8 (Regulation 5.168 - Air transport (aeroplane) pilot: rating required)
Regulation 5.168 provides that an air transport (aeroplane) pilot licence does not authorise a person while flying an aeroplane as pilot in command or co-pilot to carry out an activity for which a flight crew rating is required unless the holder also holds a rating that authorises that activity.
Regulation 8 amends regulation 5.168 to allow the holder of an air transport (aeroplane) pilot licence to fly as pilot in command at night under the V.F.R. without holding the appropriate night V.F.R. rating. The flight may only be carried out subject to the following conditions:
1. The aeroplane must be flying in a traffic pattern.
2. Weather conditions must permit the conduct of the flight under the V.F.R.
3. An authorised flight instructor must have entered in the holder's log book a statement that the holder has satisfied the night V.F.R. handling requirements as defined in regulation 5.01A.
4. The holder must have carried out the required number of take-offs and landings at night under the V.F.R. within the last 90 days. The required number is 3 takeoffs and 3 landings while flying as pilot in command or 1 take-off and 1 landing while dual flying (undergoing flying training with a person authorised to give that training).
5. The flight must be under the direct supervision of an authorised flight instructor.
6. There must be no passengers in the aeroplane.
REGULATION 9 (Regulation 5.177 - Air transport (helicopter) pilot - rating required)
Regulation 5.177 provides that an air transport (helicopter) pilot licence does not authorise a person while flying a helicopter as pilot in command or co-pilot to carry out an activity for which a flight crew rating is required unless the holder also holds a rating that authorises that activity.
Regulation 9 amends regulation 5.177 to allow the holder of an air transport (helicopter) pilot licence to fly as pilot in command at night under the V.F.R. without holding the appropriate night V.F.R. rating. The flight may only be carried out subject to the following conditions:
1. The helicopter must be flying in a traffic pattern.
2. Weather conditions must permit the conduct of the flight under the V.F.R.
3. An authorised flight instructor must have entered in the holder's log book a statement that the holder has satisfied the night V.F.R. handling requirements as defined in regulation 5.01A.
4. The holder must have carried out the required number of take-offs and landings at might under the V.F.R. within the last 90 days. The required number is 3 take-offs and 3 landings while flying as pilot in command or 1 take-off and 1 landing while dual flying (undergoing flying training with a person authorised to give that training).
5. The flight must be under the direct supervision of an authorised flight instructor.
6. There must be no passengers in the helicopter.
REGULATION 10 (Regulation 174C - Qualifications for night flying under V.F.R.)
Regulation 174C provides in subregulation (1) that a person must not fly an aircraft at night under the V.F.R. unless the person holds a licence with a night V.F.R. agricultural rating, applicable to agricultural operations only, or a night V.F.R. rating for all other flights. Regulation 10 amends regulation 174C to allow persons to fly at night under the V.F.R. without either of those ratings.
Subregulation 10 (l):
Subregulation 10 (1) amends subregulation 174C (1) by adding a new paragraph (c). The new paragraph would allow flights at night under the V.F.R. without a night V.F.R. rating if the pilot is permitted under Part 5 to fly an aircraft in a traffic pattern at night under the V.F.R.
This amendment takes account of the amendments of Part 5 that allow such flights if the specified conditions and restrictions are complied with.
Subregulation 10 (2):
Subregulation 10 (2) amends regulation 174C by including in it subregulations (1A), (1B) and (1C).
Details of the subregulations are as follows.
Subregulation 174C (1A):
Subregulation 174C (1A) allows the holder of a licence on which an instrument rating for a category of aircraft has been endorsed to fly an aircraft of the same category at night under the V.F.R. The holder must use the navigation aids that are endorsed in his or her log book for use with that rating and comply with any conditions that CASA may issue in relation to aeronautical experience and recent experience.
Subregulation 174C (1B):
Subregulation 174C (1B) gives CASA the power to issue directions in Civil Aviation Orders setting out conditions for subregulation (1A).
Subregulation 174C (1C):
Subregulation 174C (1C) makes it an offence for a pilot to contravene a direction issued by CASA under subregulation (1B).