Document ID: chunk:federal_register_of_legislation:F2024C00341:body:0:p45
Version: federal_register_of_legislation:F2024C00341
Segment Type: other
Provision Reference: 
Character Range: 110828–113546

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 subject of the operator's detailed risk assessment given to CASA; and
(d) conducted by an NVIS operator who holds a CASA approval for the operation under regulation 138.025 that is based on the detailed risk assessment.
       (6) If an NVIS operation (other than one conducted by a single NVIS pilot as the only NVIS crew member) is conducted below 500 ft AGL in the hover, then, despite any other provision in this Chapter, the pilot in command may do any of the following:
(a) degoggle as an individual;
(b) permit all or any particular NVIS air crew member to degoggle;
        but only if, and for so long as, the degoggling enhances operational safety.
       (7) 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.

12.11 Weather requirements — cloud
       (1) The pilot in command of an aircraft for an NVIS operation must comply with 1 of the following for the operation:
(a) the in-flight cloud requirements set out in Table 12.11 (1) of this MOS;
(b) the in-flight cloud requirements approved by CASA under subsection (3).
       (2) For Table 12.11 (1), for an NVIS aircraft 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 12.11 (1) — In-flight cloud requirements

          Column 1                                Column 2                   Column 3
    Item  NVIS aircraft 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