Document ID: chunk:federal_register_of_legislation:F2025C00187:reg:6:p9
Version: federal_register_of_legislation:F2025C00187
Segment Type: reg
Provision Reference: reg 6 (pt 9/11)
Character Range: 110424–113077

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   Division 26.7 contains requirements for the fitment and use of aircraft exterior lighting.

3.09 Minimum height under the NVFR or the IFR for NVIS operations
       (1) The pilot in command of an aircraft for an NVIS operation may, if it is operationally necessary, fly below:
(a) for a VFR flight at night — the minimum height prescribed under regulation 91.277; and
(b) for an IFR flight — the minimum height prescribed under regulation 91.305.
       (2) Under regulation 11.160 of CASR, the pilot in command of an aircraft for an NVIS operation is exempted from the requirements of regulation 91.277 or 91.305 (as the case requires):
(a) on condition that the requirements of this section are complied with; and
(b) on condition that the pilot in command makes no request to ATC for any clearance inconsistent with the requirements of this section; and
(c) on condition that an NVIS operation conducted under the IFR maintains VMC during flight below the minimum heights referred to in subsection (1); and
(d) only insofar as compliance with this section would otherwise be an offence under subregulation 91.277 (4) or 91.305 (4) (as applicable).
Note 1   It is not an offence to fly below the prescribed minimum heights in the circumstances mentioned in subregulation 91.277 (4) or 91.305 (4).
Note 2   This exemption expires 3 years after commencement: see paragraph 11.230 (1) (b) of CASR. Before it expires, Part 91 will be amended to accommodate the rules in this section without recourse to an exemption.
Note 3   The VMC criteria are contained in section 2.07.
       (3) If an NVIS operation is conducted:
(a) below the minimum height for a VFR flight at night, as prescribed under regulation 91.277; or
(b) below the minimum height for an IFR flight, as prescribed under regulation 91.305;
        then, 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.
       (4) If, for subsection (1), an NVIS operation is conducted by a single NVIS pilot as the only NVIS crew member then,