Document ID: chunk:federal_register_of_legislation:F2024C00341:body:0:p44
Version: federal_register_of_legislation:F2024C00341
Segment Type: other
Provision Reference: 
Character Range: 108442–111039

is conducted by an NVIS operator who holds a CASA approval under subregulation 138.025 (1) that is based on the operator's detailed risk assessment.

12.07 No formation flights
        The pilot in command of an aircraft for an NVIS operation must not engage in formation flight with another aircraft.

12.08 Alternate aerodrome lighting requirements
       (1) Subject to subsection (2), if an NVIS flight is conducted to a planned destination aerodrome that does not have runway or HLS lighting, then the pilot must nominate a destination alternate aerodrome with lighting for the runway or HLS.
       (2) Subsection (1) does not apply to an NVIS operation that is conducted by:
(a) at least 2 NVIS pilots; or
(b) 1 NVIS pilot and at least 1 NVIS air crew member.

12.09 Aircraft lighting requirements
        If, in an NVIS operation, the optimum performance of the NVIS is affected, or is likely to be affected, by the aircraft's exterior lighting, the pilot in command must:
(a) if satisfied that there is no risk of collision with another aircraft — turn off the exterior lighting; or
(b) if satisfied that there is such a risk — immediately cease the NVIS operation.
Note 1   On ceasing the relevant NVIS operation, the pilot in command, if at a lower altitude, must immediately climb to at least the minimum altitude for a VFR flight at night, or an IFR flight, conducted without the use of NVIS.
Note 2   Section 12.09 applies despite subsection 26.24 (2) of the Part 91 MOS which is disapplied by subsection 26.24 (3) of the Part 91 MOS.

12.10 Requirements related to NVIS crew members
Note   Section 9.04 in Division 3 of Chapter 9 of this MOS outlines the requirements for helicopter IFR flight and VFR flight at night below the minimum height.
       (1) During an NVIS operation, subject to subsections (6) and (7), NVIS must be used by each NVIS pilot and each NVIS air crew member who is involved in the operation.
       (2) A pilot in an NVIS operation must be an NVIS pilot.
       (3) Each air crew member who uses NVIS in an NVIS operation must be:
(a) an NVIS air crew member; or
(b) a person, otherwise qualified for the operation, who is under flight training or flight testing to become an NVIS air crew member.
       (4) Subject to subsection (5), if a single NVIS pilot is the only NVIS crew member in an NVIS operation, the operation must be conducted at or above 1 000 ft AGL.
       (5) An NVIS operation mentioned in subsection (4) may be conducted below 1 000 ft AGL only if it is:
(a) operationally necessary; and
(b) not conducted below 500 ft AGL; and
(c) the