Document ID: chunk:federal_register_of_legislation:F2024C00332:reg:3:p13
Version: federal_register_of_legislation:F2024C00332
Segment Type: reg
Provision Reference: reg 3 (pt 13/20)
Character Range: 76803–79719

crew member to degoggle;
but only if, and for so long as, the degoggling enhances operational safety.
 (5) If, for subsection (1), in an NVIS operation (other than one conducted by a single NVIS pilot as the only NVIS crew member):
 (a) the performance of the NVIS used by an NVIS pilot or NVIS air crew member is degraded because of extensive illumination in the area being overflown; and
 (b) the continued use of the NVIS in such circumstances is likely to affect operational safety; and
 (c) terrain and obstacles in the area may be visually identified and avoided;
then the pilot in command may do any of the following in accordance with procedures in the operations manual:
 (d) degoggle as an individual;
 (e) permit all or any particular NVIS pilot or NVIS air crew member to degoggle;
but only if, and for so long as, the degoggling enhances operational safety.

8.10  Weather requirements — cloud
 (1) The pilot in command of a rotorcraft for an NVIS operation must comply with 1 of the following for the operation:
 (a) the in-flight cloud requirements set out in Table 8.10(1) of this MOS;
 (b) the in-flight cloud requirements approved by CASA under subsection (3).
 (2) For Table 8.10(1), for an NVIS helicopter and crew mentioned in an item of column 1 of the Table, that is conducting an NVIS operation of a kind mentioned in column 2 of the item, the minimum in-flight cloud requirements are set out in column 3 of the item.

Table 8.10(1)—In-flight cloud requirements
    Item                                    Column 1                               Column 2                   Column 3
                                            NVIS rotorcraft and crew               Kind of 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 8.02, 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 AOC operator holds a CASA approval under regulation 133.015.
 (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