Document ID: chunk:federal_register_of_legislation:F2024C00341:body:0:p41
Version: federal_register_of_legislation:F2024C00341
Segment Type: other
Provision Reference: 
Character Range: 101113–103846

a flight that is an ESO operation at an ESO operating site.

CHAPTER 12 NIGHT VISION IMAGING SYSTEMS

Division 1 Purpose, application and definitions

12.01 Purpose
        For subregulation 138.350 (3), this Chapter prescribes requirements relating to an NVIS flight.

12.02 Application
       (1) This Chapter applies to an aerial work certificate holder.
       (2) This Chapter applies in relation to the use of NVIS by a flight crew member of an aerial work certificate holder in an NVIS flight.
       (3) This Chapter does not apply in relation to the use of NVIS, on an NVIS flight for an aerial work certificate holder, by a person who is not a flight crew member, unless the person is involved in air navigation or terrain avoidance functions.
Note 1   Regulation 138.350, which empowers this MOS Chapter, does not apply to limited aerial work operators. Therefore, nothing in this Chapter applies to limited aerial work operators. However, regulation 91.085, and therefore Chapter 3 of the Part 91 MOS, does apply to a limited aerial work operator and contains the operational NVIS rules for such an operator.
Note 2   For NVIS equipment requirements: see Division 26.17 of the Part 91 MOS.

12.03 Definitions
       (1) In this Chapter:
HLS means helicopter landing site.
HLS-NVIS basic means an HLS that does not conform to the requirement of an HLS‑NVIS standard.
HLS-NVIS standard has the meaning given by section 12.05.
IFR capable, for an aircraft, describes a circumstance in which the aircraft is:
(a) equipped for IFR flight in accordance with the regulations; and
(b) operated by a crew, each member of which meets the relevant requirements for IFR flight under Part 61 of CASR.
Note   For a flight of a foreign registered aircraft, subsection 1.04 (8) of this MOS permits foreign equivalencies to CASR Part 61 requirements.
NVFR capable, for an aircraft, describes a circumstance in which the aircraft is:
(a) equipped for flight in night VMC in accordance with the regulations; and
(b) operated by a crew, each member of which meets the relevant requirements for NVFR flight under Part 61 of CASR.
Note   For a flight of a foreign registered aircraft, subsection 1.04 (8) of this MOS permits foreign equivalencies to CASR Part 61 requirements.
NVIS air crew member, for a particular NVIS operation, means an air crew member:
(a) of an NVIS operator who holds an aerial work certificate for the NVIS operation; and
(b) who is qualified (however described) to carry out the person's assigned functions as an air crew member for the operation in accordance with this Chapter.
NVIS crew member means an NVIS pilot or an NVIS air crew member.
NVIS endorsement means an endorsement mentioned in column 2 of item 1 or