Document ID: chunk:federal_register_of_legislation:F2024C00341:body:0:p46
Version: federal_register_of_legislation:F2024C00341
Segment Type: other
Provision Reference: 
Character Range: 113273–116099

NVIS operation     Minimum in-flight cloud requirement
    1     NVFR capable, with 2 NVIS crew members      Under the VFR          No more than scattered cloud up to 2 000 ft AGL within 2 NM either side of track.
    2         IFR capable                         Under the VFR              No more than scattered cloud up to 1 000 ft AGL within 2 NM either side of track
    3         IFR capable                         Under the IFR below LSALT  No more than scattered cloud up to 1 000 ft AGL within 2 NM either side of track.

Note   NVFR capable and IFR capable are defined in section 12.03, Definitions.
       (3) An NVIS operation may comply with in-flight cloud requirements lower than those provided for under paragraph (1) (a) (reduced in-flight cloud requirements) but only if the lower requirements are:
(a) operationally necessary; and
(b) the subject of a detailed risk assessment given to CASA; and
(c) the aerial work operator holds a CASA approval under regulation 138.025.
       (4) If:
(a) an NVIS operation is NVFR capable; but
(b) the NVIS crew is only a single NVIS pilot;
        then the NVIS pilot must comply with night VFR weather minima.
       (5) Subsection (1) does not apply to the pilot in command of a rotorcraft in an NVIS operation to which Division 5 of Chapter 9 applies.

CHAPTER 13 RISK ASSESSMENTS (INCLUDING AWZ-RAs)

Division 1 Risk — general

13.01 Application
        Unless it provides otherwise, this Chapter applies to the following operators:
(a) an aerial work certificate holder;
(b) a limited aerial work operator.

13.02 Risk criteria — all operators
        For paragraph 138.370 (1) (a), the risk criteria that an operator must meet to conduct an aerial work operation are that:
(a) the operation can be conducted without unacceptable safety risk for the crew members and aerial work passengers who may be on board the aircraft; and
(b) the operation can be conducted so that it presents no unacceptable risks to persons and property on the ground; and
(c) the operation can be conducted so that it is not likely to have an adverse effect of the safety of air navigation.

13.03 Risk assessment and mitigation — all operators
        For paragraph 138.370 (1) (b), before conducting an aerial work operation, an operator must ensure that risk assessment and mitigation processes have been undertaken in accordance with this Chapter.

13.04 Risk assessment matters — all operators
       (1) The matters set out in subsection (3) must be considered in assessing the risks of the operation against the risk criteria.
       (2) For subsection (1), the matters must be considered in the context of the nature, size and complexity of the operation.
       (3) For subsection (1), the matters are the following:
(a) the operation and its particular characteristics;
(b) the