Document ID: chunk:federal_register_of_legislation:F2024C00332:reg:3:p10
Version: federal_register_of_legislation:F2024C00332
Segment Type: reg
Provision Reference: reg 3 (pt 10/20)
Character Range: 69803–72404

the operator for an NVIS operation.
NVIS pilot, for an NVIS flight, means a pilot who:
 (a) holds each of the licences, ratings and endorsements required for the NVIS flight by Part 61 of CASR; or
 (b) if the rotorcraft is a foreign-registered rotorcraft — is authorised by the rotorcraft's State of registry to pilot the rotorcraft for the NVIS flight.
NVIS proficiency check has the meaning given by regulation 61.010 for night vision imaging system proficiency check.
NVIS rating means a rating mentioned in column 2 of item 4 in Table 61.375 of CASR.
operator has the meaning given by the CASR Dictionary.
Note Operator, of a rotorcraft, means:
 (a) if the operation of the rotorcraft is authorised by an AOC, a Part 141 certificate or an aerial work certificate — the holder of the AOC or the certificate; or
 (b) otherwise — the person, organisation or enterprise engaged in rotorcraft operations involving the rotorcraft.
safety area means an area:
 (a) that is free of obstacles, other than those:
 (i) with a height not exceeding 25 cm above the surface level of the area; or
 (ii) that are required for air navigation purposes; and
Note Obstacles required for air navigation include, for example, a wind direction indicator.
 (b) whose purpose is to reduce the risk of damage to a rotorcraft if it accidentally diverges from the load-bearing area primarily intended for landing or take-off.
Note The safety area does not need to be a solid surface. For example, a perforated metal deck may constitute part, or all, of a safety area.
used, using or uses, in relation to the use of NVIS, means used as the primary means of terrain avoidance for safe air navigation by means of visual surface reference external to the rotorcraft conducting the operation.
 (2) Subject to subsection (1), in this instrument words and phrases have the same meaning as in CASR.

Division 2—Requirements for an NVIS flight

8.03  General requirements for NVIS flights
 (1) A rotorcraft in an NVIS flight may only take off from and land on:
 (a) an HLS-NVIS standard; or
 (b) subject to section 8.05 — an HLS-NVIS basic.
 (2) A pilot in an NVIS flight must be an NVIS pilot.
 (3) Each air crew member who uses NVIS in an NVIS flight must be:
 (a) an NVIS air crew member; or
 (b) a person, otherwise qualified for the flight, who is under flight training or flight testing to become an NVIS air crew member.

8.04  HLS-NVIS standard
 (1) Subject to subsection (2), an HLS-NVIS standard is an HLS that meets all of the following requirements:
 (a) the FATO must at least:
 (i) be capable of enclosing a circle with a