Civil Aviation Order 82.6 Amendment Instrument 2014 (No. 1)

Link to law: https://www.comlaw.gov.au/Details/F2014L01169

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I, JOHN FRANCIS McCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under paragraph 28BA (1) (b) and subsection 98 (4A) of the Civil Aviation Act 1988, and subregulations 5 (1), 207 (2), 215 (3), and 217 (1) of the Civil Aviation Regulations 1988, and regulations 11.160 and 11.245 of the Civil Aviation Safety Regulations 1998.
[Signed John F. McCormick]
John F. McCormick
Director of Aviation Safety
27 August 2014
Civil Aviation Order 82.6 Amendment Instrument 2014 (No. 1)
1          Name of instrument
                 This instrument is the Civil Aviation Order 82.6 Amendment Instrument 2014 (No. 1).
2          Commencement
                 This instrument commences on 1 September 2014.
3          Purpose
                 The purpose of this instrument is to amend Civil Aviation Order 82.6 (Night vision goggles – helicopters) 2007 (CAO 82.6) to take account of Parts 61, 141 and 142 of the Civil Aviation Safety Regulations 1998.
4          Amendment of CAO 82.6
                 Schedule 1 amends CAO 82.6.
Schedule 1          Amendments
[1]       Subsection 1A
substitute
1A       Name of instrument
                 This instrument is Civil Aviation Order 82.6 (Night vision imaging system — helicopters) 2007.
[2]       Subsection 1, Definitions
Omit the definitions of
approved NVG flight simulator
HLS-NVG basic
minimum NVG crew
NVG, or night vision goggles
NVG aircrew member
NVG aircrew member instructor
NVG CCF, or NVG capability check flight
NVG flight instructor
NVG flight time
NVG FOI
NVG initial training
NVG operation
NVG operator
NVG pilot
NVG testing officer
NVG training
NVG training and checking pilot
NVG training provider
NVIS, or night vision imaging system
special fire endorsement
[3]       Subsections 1B to 9
omit
NVG (wherever occurring)
substitute
NVIS
[4]       Appendices 1 to 3
omit
NVG (wherever occurring)
substitute
NVIS
[5]       Subsection 1, Definitions
insert
head of operations for a Part 141 operator, has the same meaning as in Part 141 of CASR 1998.
Note   The head of operations (however described) is one of the key personnel for a Part 141 operator. See regulation 141.020 of CASR 1998.
head of operations for a Part 142 operator, has the same meaning as in Part 142 of CASR 1998.
Note   The head of operations (however described) is one of the key personnel for a Part 142 operator. See paragraph 142.025 (b) of CASR 1998.
minimum NVIS crew means the minimum number of NVIS pilots and NVIS crew members required for a particular flight or operation.
Note   CASA approval is not required for a person to use NVIS only for observation or surveillance that is not the primary means of terrain avoidance for safe air navigation using visual surface reference external to the aircraft. However, a person engaged in such unapproved use is not part of the minimum NVIS crew.
MOS means Manual of Standards.
NVIS, or night vision imaging system, means a self-contained binocular night vision enhancement device, usually including goggles, that:
(a)   is helmet mounted or otherwise worn by a person; and
(b)   can detect and amplify light in both the visual and near infra-red bands of the electromagnetic spectrum.
NVIS aircrew member means a person who:
(a)   has successfully completed NVIS aircrew member training and is qualified in accordance with this Order; or
(b)   is an NVIS aircrew member instructor.
Note   An NVIS pilot, NVIS flight instructor, NVIS flight examiner or a CASA FOI may qualify as an NVIS aircrew member or an NVIS aircrew member instructor by complying with the relevant training and competency requirements of Appendix 3.
NVIS aircrew member instructor means an NVIS aircrew member qualified in accordance with this Order to instruct NVIS aircrew members.
NVIS basic HLS means a HLS that:
(a)   does not conform to the guidelines contained in CAAP 92-2 (1) for standard HLS night operations; and
(b)   is unlit or unprepared.
NVIS CCF, or NVIS capability check flight means a periodic check of the capability of an NVIS aircrew member in accordance with this Order.
NVIS checking pilot has the same meaning as in subclause 17.2 in Appendix 3.
NVIS competency training means training undertaken by an NVIS pilot, or an NVIS aircrew member, for NVIS flight in accordance with the relevant training requirements and competency standards mentioned in this Order.
NVIS flight examiner means:
(a)   a person who, in accordance with Part 61 of CASR 1998, is the holder of:
             (i)  an NVIS rating with an NVIS endorsement; and
            (ii)  a flight examiner rating with an NVIS flight test endorsement; or
(b)   a CASA NVIS FOI.
NVIS flight instructor means a person who, in accordance with Part 61 of CASR 1998, is the holder of:
(a)   an NVIS rating with an NVIS endorsement; and
(b)   a flight instructor rating with an NVIS rating training endorsement.
NVIS flight time means time spent in NVIS-aided flight by an NVIS aircrew member, an NVIS pilot or a person receiving NVIS flight training, during an NVIS operation.
Note   NVIS flight time should be logged in the specialist column of the aircrew flying log book.
NVIS FOI means a CASA flying operations inspector appointed in writing to carry out some, or all, of the duties of an NVIS flight examiner.
NVIS initial training means training to qualify a person for an NVIS aircrew member qualification.
NVIS operation means 1 or more of the following operations under the VFR using NVIS as the primary means of terrain avoidance for safe air navigation by means of visual surface reference external to an aircraft:
(a)   search and rescue;
(b)   law enforcement;
(c)   aerial fire fighting;
(d)   aerial fire fighting support;
(e)   emergency medical services;
(f)    marine pilot transfer;
(g)   pilot training for 1 or more of the operations mentioned in paragraphs (a) to (f);
(h)   an NVIS flight for demonstrating NVIS technology;
(i)    a positioning flight for an operation mentioned in paragraphs (a) to (f);
(j)    training, testing and proficiency checking in accordance with Part 61 of CASR 1998 for an NVIS rating or endorsement;
(k)   NVIS competency training for:
             (i)  an NVIS pilot conducted by an NVIS operator’s TCO or Part 142 operator in accordance with this Order; or
            (ii)  an NVIS aircrew member conducted by an NVIS operator’s TCO in accordance with this Order.
(l)    training and testing for a person to qualify as an NVIS aircrew member in accordance with this Order for 1 or more of the operations mentioned in paragraphs (a) to (f);
(m)  an NVIS CCF for an NVIS aircrew member in accordance with this Order.
NVIS operator means an operator approved by CASA under clause 2 of Appendix 1 to conduct 1 or more NVIS operations, and whose approval has not been suspended or surrendered.
NVIS pilot means a person who is the holder of an NVIS rating with an NVIS endorsement in accordance with Part 61 of CASR 1998.
NVIS proficiency check means a proficiency check of an NVIS pilot in accordance with the requirements under Part 61 of CASR 1998 for such a check.
NVIS training pilot has the same meaning as in subclause 17.1 in Appendix 3.
operator means an AOC holder, a Part 141 operator or a Part 142 operator.
Part 141 certificate has the same meaning as in Part 141 of CASR 1998.
Part 141 operator means the holder of:
(a)   a Part 141 certificate under which Part 141 flight training for an NVIS rating or NVIS endorsement is approved; or
(b)   a CASA approval under regulation 141.035 of CASR 1998 for Part 141 flight training for an NVIS rating or NVIS endorsement.
Part 142 authorisation has the same meaning as in Part 142 of CASR 1998.
Part 142 operator means the holder of a Part 142 authorisation under which Part 142 flight training for an NVIS rating or NVIS endorsement in multi-crew operations is authorised.
special fire endorsement means an endorsement in the log book of an NVIS  pilot, specifying that the holder has satisfied the fire-related requirements of this Order.
Note   See also subclause 5.4 in Appendix 1.
system, for NVIS, means the system in which all of the elements required to operate an aircraft effectively and safely using NVIS are integrated, including NVIS and associated equipment, NVIS compatible lighting, other associated aircraft components and equipment, associated training and recency requirements and continuing airworthiness.
Note   NVIS is synonymous with aviator night vision imaging systems, sometimes called ANVIS.
[6]       Subsection 2
substitute
2          Direction — instruments and equipment
                 Under subregulation 207 (2) of CAR 1988, for a helicopter in an NVIS operation, CASA approves NVIS equipment that complies with all of the requirements of this Order and, for the NVIS operation, CASA directs NVIS equipment be used only in accordance with this Order.
[7]       Subsection 3
substitute
3          Direction — operations manual
       3.1     Under subregulation 215 (3) of CAR 1988, CASA makes the directions that appear in this Order with respect to an operator’s operations manual.
       3.2     For a relevant NVIS pilot training operation, the operations manual of a Part 141 operator or a Part 142 operator must contain a statement that the operator must comply with, and ensure compliance with, its operations manual as a Part 141 operator or its exposition as a Part 142 operator.
[8]       Subsection 4
substitute
4          NVIS operators — provision of a TCO or a Part 142 operator
       4.1     Subject to paragraph 4.2, for subregulation 217 (1) of CAR 1988, CASA specifies that an NVIS operator must provide a TCO to ensure that each of the operator’s NVIS pilots maintains his or her competency.
       4.2     Paragraph 4.1 does not apply to an NVIS operator who uses a Part 142 operator to ensure that each of the NVIS operator’s NVIS pilots maintains his or her competency.
       4.3     For subregulation 217 (1) of CAR 1988, CASA specifies that an NVIS operator who uses an NVIS aircrew member in an NVIS operation must provide a TCO to ensure that each of the NVIS aircrew member maintains his or her competency.
[9]       Subsection 5
substitute
5          Direction — operations manual
                 For subsection 4, the operations manual of an NVIS operator must:
(a)   state whether it provides or uses a TCO or a Part 142 operator, and identify the TCO or Part 142 operator; and
(b)   specify the training and checking carried out by the TCO or the Part 142 operator to ensure that each of its NVIS pilots maintains his or her competency; and
(c)   if a Part 142 operator is used — state the basis of the NVIS operator’s relationship with the Part 142 operator for the provision of the training and checking mentioned in paragraph (b).
[10]     Subsection 6
substitute
6          Exemption — minimum height for V.F.R. flights at night
                 Under regulation 11.160 of CASR 1998, the pilot in command of a helicopter who holds an NVIS rating is exempt from compliance with subregulation 174B (1) of CAR 1988 if:
(a)   either:
             (i)  subject to subparagraph (ii), he or she is engaged in an NVIS operation; or
            (ii)  he or she is engaged in the following operation approved in writing by CASA on the basis of a written safety case: aerial fire fighting support limited to the carriage of persons to map, locate or observe fires (fire mapping); and
Note   If acceptable to CASA, an operational safety case may be in the form of, or include, relevant additions or supplements to the operator’s operations manual for the aerial fire fighting support.
(b)   he or she uses NVIS for the operation in accordance with this Order and the operator’s operations manual; and
(c)   it is operationally necessary to fly below the relevant LSALT that would apply but for this exemption.
[11]     Subsection 7
substitute
7          Exemption — navigation lights
                 Under regulation 11.160 of CASR 1998, the NVIS operator and the pilot in command of a helicopter in an NVIS operation are each exempt from compliance with subregulation 195 (1) of CAR 1988 for a navigation lighting requirement of Part 13 of CAR 1988 if he or she is complying with a lighting requirement of this Order that is at variance with the requirement of Part 13.
Note   The pilot in command should put a note in the free text section of the flight notification to advise air traffic control that he or she is goggle equipped and may be operating without displaying lights.
[12]     Part 3, the heading
substitute
Part 3 — AOC holders, Part 141 operators and Part 142 operators
[13]     Subsection 8
substitute
8          AOC condition and Part 141 operator direction
       8.1     For paragraph 28BA (1) (b) of the Act, an AOC is subject to the condition that the AOC holder must comply with this Order for the use of NVIS.
       8.2     Under regulation 11.245 of CASR 1998, a Part 141 operator must not use NVIS unless the operator complies with this Order for the use of NVIS.
       8.3     This Order does not affect the operation of any other Civil Aviation Order.
[14]     Subsection 9
substitute
9          Conditions for use of NVIS by an AOC holder, a Part 141 operator or a Part 142 operator
       9.1     An AOC holder (the holder) may only use a night vision device that is in the form of NVIS and the use may only be in accordance with this Order and the holder’s operations manual.
       9.2     A Part 141 operator (the operator) may only use a night vision device that is in the form of NVIS and the use may only be in accordance with:
(a)   this Order; and
(b)   the operator’s operations manual.
       9.3     A Part 142 operator (the operator) may only use a night vision device that is in the form of NVIS and the use may only be in accordance with:
(a)   this Order; and
(b)   the operator’s exposition as an operator; and
(c)   the operator’s operations manual.
[15]     Appendix 1
substitute
Appendix 1
Use of NVIS
1          Restricted use of NVIS
              NVIS may only be used in an NVIS operation:
(a)   in accordance with this Order; and
(b)   by an operator who has prepared an NVIS risk assessment; and
(c)   if the operator:
             (i)  complies with the directions in Appendix 2, or with any other directions issued by CASA under subregulation 215 (3) of CAR 1988, about the information, procedures and instructions to be included, revised or varied in the operator’s operations manual; and
            (ii)  ensures compliance with the operations manual; and
           (iii)  has the written approval of CASA to use NVIS in accordance with clause 2 and the approval has not been suspended or revoked under clause 3.
Note 1   Directions are set out in this Order. CASA may issue other directions under subregulation 215 (3) of CAR 1988 to individual operators of its own volition or on request.
Note 2   Under subregulation 215 (9) of CAR 1988, each member of an operator’s operations personnel must comply with all instructions in the operations manual insofar as they relate to the person’s duties and activities.
Note 3   Each Part 141 operator and Part 142 operator must ensure that every member of the operator’s operations personnel complies with, in the case of a Part 142 operator, all instructions in the operator’s exposition or, in the case of a Part 141 operator, the operations manual, insofar as the instructions relate to the person’s duties and activities.
2          Approval to use NVIS
     2.1     An operator may apply to CASA in writing for approval to use NVIS in accordance with this Order.
     2.2     CASA may issue the approval only if the operator demonstrates that it complies with the requirements of this Order.
     2.3     An approval may be issued subject to conditions that are necessary in the interests of safety.
3          Suspension, revocation or variation of approval
     3.1     An approval stops having effect if:
(a)   it is suspended or revoked by CASA; or
(b)   the operator tells CASA in writing that the operator wants to surrender the approval.
     3.2     If the approval is revoked or surrendered, the operator must return the approval instrument to CASA within 14 days.
     3.3     CASA may vary, suspend or revoke an approval if:
(a)   the operator does not comply with:
             (i)  this Order, including any conditions mentioned in the operator’s approval under clause 2; or
            (ii)  the operations manual; or
(b)   CASA is refused access to the operator to assess its continued compliance with this Order or with the conditions of its approval.
     3.4     To avoid doubt, in this clause “revoke” has the same meaning and effect as “cancel”.
4          Reserved
5          NVIS operations
     5.1     An NVIS operation must be conducted at, or above, LSALT unless permitted otherwise in accordance with subsection 6 of this Order (Exemption — minimum height for V.F.R. flights at night).
     5.2     An NVIS operation may only be conducted in a helicopter that is equipped and maintained for NVFR.
Note   NVIS operations are an adjunct to flight under the NVFR. However, it is intended that the flight crew in an I.F.R. category flight may derive an operational advantage from NVIS use under the I.F.R. when conducting a landing (after descending from I.F.R. LSALT) or take-off (with the intent of climbing to the I.F.R. LSALT) in accordance with the requirements detailed in the AIP. All other NVIS operations below LSALT must be under the NVFR.
     5.3     Except when undergoing training by a Part 141 operator or a Part 142 operator for an NVIS rating or endorsement, a pilot who manipulates the flight controls of a helicopter may only use NVIS if he or she:
(a)   holds an NVIS rating with an NVIS endorsement; and
(b)   complies with the requirements of this Order and the operator’s operations manual.
       5.4     Only an NVIS pilot who holds a special fire endorsement may conduct:
(a)   aerial fire fighting involving incendiary dropping; or
(b)   aerial fire fighting support involving fire mapping.
     5.5     An aircrew member who is directly involved in an air navigation or terrain avoidance function of a helicopter may only use NVIS in accordance with this Order and the operator’s operations manual.
Note   This requirement does not apply where NVIS are used by an appropriately trained person for observation or surveillance which is not the primary means of terrain avoidance for safe air navigation using visual surface reference external to the aircraft.
6          NVIS aircrew member — training
              Only an NVIS aircrew member instructor may instruct an aircrew member for an NVIS aircrew member qualification.
Note   See Part 4 of Appendix 3 for the requirements to be met to hold an NVIS qualification.
7          NVIS aircrew member — prerequisites for training
               Before commencing NVIS aircrew member training with an operator, a person must meet the prerequisite requirements mentioned in Part 6 of Appendix 3 of this Order.
8          Reserved
9          NVIS aircrew member — endorsements
       9.1     An applicant may obtain an NVIS aircrew member qualification only by a log book endorsement entered by an NVIS aircrew member instructor of an NVIS operator’s TCO.
     9.2     Subject to clause 10, the log book endorsement of an NVIS aircrew member qualification may only be made after the applicant has successfully completed the training and competency assessment for the qualification in accordance with the requirements of:
(a)   an NVIS training syllabus that is in accordance with this Order; and
(b)   the flight training and flight testing required by this Order.
     9.3     The applicant for endorsement of an NVIS aircrew member qualification must be eligible for the qualification in accordance with the eligibility and prerequisite requirements in this Order.
10        NVIS aircrew members — endorsements based on recognition of training and experience
              An NVIS aircrew member instructor of an approved NVIS operator’s TCO may issue a person with a log book endorsement for an NVIS aircrew member qualification based wholly, or partly, on recognition of prior learning in accordance with the operator’s operations manual.
Note   Under paragraph 1.1 (c) of Appendix 2, an operator’s operations manual must be acceptable to CASA.
11        Requirements before commencing an NVIS operation
   11.1     Before commencing an NVIS operation, a pilot must hold an NVIS rating and NVIS endorsement in accordance with the Part 61 MOS and this Order.
   11.2     Unless otherwise approved by CASA, before an NVIS pilot may use NVIS for the first time in a type of helicopter for which he or she is authorised to pilot in accordance with Part 61 of CASR 1998, he or she must, within the preceding 4 weeks, have had in the helicopter type an NVIS proficiency check by the NVIS checking pilot of the NVIS operator’s TCO or Part 142 operator.
     11.3     Subclause 11.2 does not apply if, for the purposes of this Order, the NVIS pilot has completed an NVIS flight test in the helicopter type.
12        NVIS aircrew members — competency, recency and NVIS CCF capability
              For an NVIS operation, an NVIS aircrew member must have competency, recency and capability in terms of an NVIS CCF in accordance with the requirements of this Order and the operator’s operations manual.
13        NVIS aircrew members — NVIS capability check flights
              NVIS CCF for an aircrew member may only be conducted for an NVIS operator in accordance with clause 23A.2 in Appendix 3.
14        NVIS aircrew members — flight testing
   14.1     An NVIS flight test for an NVIS aircrew member must be conducted in actual flight.
   14.4     An NVIS aircrew member qualification may only be awarded:
(a)   in accordance with the procedures set out in the operations manual of an NVIS operator approved for 1 or more of the following NVIS operations:
             (i)  search and rescue;
            (ii)  law enforcement;
           (iii)  aerial fire fighting;
           (iv)  aerial fire fighting support;
            (v)  emergency medical services;
           (vi)  marine pilot transfer; and
(b)   by an NVIS aircrew member instructor of the operator’s TCO.
[16]     Appendix 2, subclause 2.1
omit
a permitted
insert
an
[17]     Appendix 2, subclause 4.1
substitute
4.1       Competency and procedures
  4.1.1     Ongoing training programs for all NVIS flight crew ensuring that the requirements of Part 61 of CASR 1998 and this Order are met.
  4.1.2     Qualifications for the pre-flight and post-flight inspection procedures and standards that are to be used by the flight crew to establish whether the relevant NVIS, including all NVIS components, are serviceable for use before and after a flight.
  4.1.3     Procedures to be followed for introducing new aircraft or personal equipment to ensure compatibility with the NVIS standards and environment.
  4.1.4     Procedures to be followed when introducing new crew, passengers or patients and their equipment and baggage to the NVIS operational environment to ensure NVIS operational environment compatibility.
[18]     Appendix 2, paragraph 4.3.2 (b)
substitute
(b)   Procedures which ensure the conduct of the NVIS proficiency check required for a NVIS pilot using NVIS for the first time in a helicopter for which he or she holds a type endorsement.
[19]     Appendix 2, paragraph 4.4.1 (b)
substitute
(b)   NVIS aircrew members providing “the con” for the flying pilot, i.e. verbal corrections to rates of closure, movement, climbs and descents and verbal means of creating accurate mental pictures of the obstacle environment; and
[20]     Appendix 2, paragraph 4.4.1 (f)
omit
back up
insert
backup
[21]     Appendix 2, paragraph 4.6.1 (b)
substitute
(b)   the minimum NVIS pilot and NVIS aircrew member qualifications and experience required for NVIS operations involving incendiary dropping or fire mapping;
[22]     Appendix 3, the heading
substitute
Appendix 3         NVIS equipment and operations, certain NVIS qualifications and training, and special fire endorsements
[23]     Appendix 3, subclause 2.5
omit
operator
insert
NVIS operator
[24]     Appendix 3, subclauses 2.7, 2.8, 2.9 and 2.10
omit
[25]     Appendix 3, after subclause 3A.1
insert
3A.1A   An operator conducting, or intending to conduct, an NVIS operation must have a documented maintenance program which includes procedures to ensure the following:
(a)   that maintenance, inspection, and serviceability standards for the NVIS are met;
(b)   that a biennial assessment is made to identify and rectify any degradation in the compatibility of the aircraft lighting systems with the NVIS.
Note   RTCA/DO-275 provides guidance for the ongoing maintenance of installed NVIS compatible systems.
3A.1B    The documented maintenance program mentioned in subclause 3A.1A must include a method for assessing NVIS compatibility with any subsequent aircraft modification, equipment introduction or repair that may have an effect on the aircraft’s NVIS compatibility.
[26]     Appendix 3, subclause 3A.4
omit
operator
insert
NVIS operator
[27]     Appendix 3, after subclause 3A.4
insert
  3A.5     Maintenance of NVIS must be carried out by an organisation that:
(a)   complies with regulation 30 of CAR 1988 or Part 145 of CASR 1998 as if the regulation or the Part applied to the organisation for the maintenance of NVIS and its related equipment; and
(b)   is endorsed by the manufacturer of the NVIS as an appropriate organisation to carry out maintenance on the NVIS.
    3A.6     To avoid doubt, for subclause 3A.5, maintenance includes the routine scheduled servicing of NVIS.
    3A.7     Despite any other provision of this Appendix, an NVIS operator must not carry out any routine scheduled servicing of any NVIS unless:
(a)   the operator meets the requirements of subclauses 3A.5 and 3A.6; and
(b)   the NVIS is the NVIS operator’s own NVIS and is not used by any other operator.
    3A.8     An organisation endorsed by a manufacturer under paragraph 3A.5 (b) for any particular NVIS manufactured in the US that complies with the specification mentioned in paragraph 3.1 (a) of this Appendix is taken to be endorsed for any other NVIS manufactured in the US that is available in Australia and that complies with the specification mentioned in paragraph 3.1 (a) of this Appendix.
Note   This provision is to ensure that an endorsement given to an organisation by an original US manufacturer of paragraph 3.1 (a) compliant NVIS, is taken to be an endorsement for any other US manufactured NVIS available in Australia that complies with paragraph 3.1 (a).
3A.9      If:
(a)   1 or more image intensification tubes (tubes) fail for any reason during an NVIS operation; or
(b)   1 or more tubes fail at any time as a result of a suspected error in maintenance;
                 then the operator must, within 28 days of the failure, report it to CASA through the Service Difficulty Reporting system using ATA Code 2590.
3A.10    For paragraph 3A.5 (b):
manufacturer means the person who is:
(a)   the original manufacturer of the NVIS; or
(b)   the original manufacturer of the image intensification tubes fitted to the NVIS; or
(c)   if parts of the NVIS were manufactured by different persons — the person who makes the final assembly of the parts into the NVIS.
[28]     Appendix 3, subclause 4.2
omit
the pilot in command
insert
the pilot in command of an NVIS operation
[29]     Appendix 3, subclause 4.3
omit
the pilot in command
insert
the pilot in command of an NVIS operation
[30]     Appendix 3, subclause 5.1
substitute
     5.1     The pilot in command of a helicopter in an NVIS positioning flight that is an NVIS operation may fly below the relevant LSALT only if:
(a)   the pilot holds a Grade 1 NVIS endorsement; and
(b)   it is operationally necessary to fly below the relevant LSALT; and
(c)   the flight is in accordance with this Order.
[31]     Appendix 3, clause 7
substitute
7          Carriage of persons
              The pilot in command of a helicopter in an NVIS operation, may only carry the following categories of persons:
(a)   members of the flight crew;
(b)   members of the aircrew;
(c)   any supernumerary crew members;
(d)   persons undergoing NVIS training;
(e)   appropriately qualified maintenance personnel who are present to ensure that the NVIS equipment is, and remains, serviceable;
(f)    other persons whose presence is necessary for the success or completion of the operation;
(g)   if the operation is an NVIS flight to demonstrate NVIS technology — a passenger to observe the demonstration, provided:
             (i)  the carriage is in accordance with procedures and conditions, acceptable to CASA, set out in the operator’s operations manual; and
            (ii)  the passenger reads an aircraft placard describing the risks associated with the flight, and signs a statement titled “Acknowledgement of risks of NVIS demonstration flight”, acknowledging that he or she has read the placard; and
           (iii)  before the flight the NVIS operator gives CASA written details of the intent and conduct of the flight, and receives from CASA written acknowledgment of those details.
Note 1   For paragraph 7 (f), examples of a person whose presence may be essential include police, fire fighting, rescue or medical personnel, marine pilots in transfer, and persons who are apprehended, evacuated, rescued or being transported as an integral part of the operation.
Note 2   For paragraph 7 (g), carriage of such passengers must be solely for demonstration purposes. Guidance about the relevant procedures and conditions that CASA would find acceptable in an operations manual, is contained in CAAP 174-1 (1). The guidance relates to, for example, number of passengers, passenger emergency training, minimum height above highest obstacle, flights over water and suitable HLS.
[32]     Appendix 3, paragraph 8.3 (c)
omit
permitted
insert
an
[33]     Appendix 3, clause 9
substitute
9          Minimum crewing for NVIS aircrew member training operations
              During a training flight for NVIS aircrew member qualification or an NVIS aircrew member CCF, the minimum NVIS crew is the aircrew member receiving the training or undergoing the check flight, an NVIS aircrew member instructor and the NVIS pilot.
[34]     Appendix 3, clause 13
substitute
13        Chief pilot or head of operations
              An NVIS operator’s chief pilot or head of operations (as the case may be) must:
(a)   be an NVIS pilot with 50 hours of post-endorsement NVIS flying experience, and be a pilot in command; or
(b)   hold a CASA instrument of approval stating that a named NVIS senior pilot appointed by the NVIS operator is approved by CASA to carry out the duties of chief pilot for NVIS operations.
Note   Before CASA issues an instrument of approval of a senior pilot for this purpose, CASA will assess the senior pilot to the chief pilot level for the NVIS elements of the operator’s operations.
[35]     Appendix 3, clause 13A
substitute
13A     Senior NVIS pilot
                 An NVIS operator’s senior NVIS pilot must be an NVIS pilot with 50 hours of post-qualification NVIS flying experience, and be a pilot in command.
[36]     Appendix 3, clause 14
substitute
14        Reserved
[37]     Appendix 3, clause 15
substitute
15        Reserved
[38]     Appendix 3, clauses 16, 17 and 18
substitute
16        NVIS pilot — special fire endorsement
     16.1     For eligibility to be an NVIS pilot with a special fire endorsement, a person must, as a minimum, hold or have the following qualifications and experience:
(a)   a GNSS (GPS NAV) endorsement to a night V.F.R. rating;
(b)   successful completion of special fire endorsement training and testing under this Order, or its equivalent based on recognition of prior training and experience as approved in writing by CASA;
(c)   the following hours of aeronautical experience as a helicopter pilot:
             (i)  1 000 hours;
            (ii)  50 hours in the type or class of helicopter that is, or is representative of, the type or class of helicopter in which incendiary dropping and fire mapping is to be conducted;
           (iii)  100 hours in fire fighting;
           (iv)  50 hours in night V.F.R. (unaided);
            (v)  10 hours in night V.F.R. (unaided) in the type or class of helicopter that is, or is representative of, the type or class of helicopter in which incendiary dropping and fire mapping is to be conducted;
           (vi)  50 hours of post-NVIS qualification NVIS flying experience.
17        NVIS training pilot and NVIS checking pilot
   17.1     For subsection 4 of this Order, for ensuring that an NVIS operator’s NVIS pilots maintain their competency, an NVIS training pilot of a TCO or a Part 142 operator must be the holder of an NVIS flight instructor rating under Part 61 of CASR 1998.
   17.2     For subsection 4 of this Order, for ensuring that an NVIS operator’s NVIS pilots maintain their proficiency through a proficiency check, an NVIS checking pilot of a TCO or a Part 142 operator must be the holder of an NVIS flight examiner rating under Part 61 of CASR 1998.
   17.3     An NVIS training pilot may give NVIS flight instruction to a non‑NVIS endorsed pilot only if he or she is an NVIS flight instructor of a Part 141 operator or a Part 142 operator.
18        Aircrew members and aircrew member instructors
   18.1     Unless CASA otherwise directs in writing, eligibility for qualifications for an NVIS aircrew member, or an NVIS aircrew member instructor, must be set out in the operator’s operations manual accepted by CASA.
   18.2     An operator may only use an NVIS aircrew member to fulfil the minimum NVIS crew requirements if the person’s duties and position are formally recognised in the operator’s operations manual.
   18.3     An operator must establish in the operations manual qualification and proficiency requirements for NVIS aircrew members and NVIS aircrew member instructors, using at least the minimum competencies established by this Order.
[39]     Appendix 3, clause 19
substitute
19        General requirements
              Before commencing an NVIS operation, each NVIS pilot and NVIS aircrew member must have met the requirements of:
(a)   this Part; and
(b)   any requirements in the operator’s operations manual for the relevant NVFR operation.
[40]     Appendix 3, clause 21
substitute
21        Minimum recent experience and NVIS proficiency check requirements — NVIS pilot
   21.1     An NVIS pilot with more than 50 hours of NVIS flight time as an NVIS pilot in command (PIC), NVIS PIC under supervision (PICUS) or NVIS pilot dual must meet the minimum NVIS recent experience, and NVIS proficiency check, requirements:
(a)   set out in regulations 61.1010 and 61.1015 of Part 61 of CASR 1998; and
(b)   in accordance with this Order.
   21.2     Subject to subclause 21.3, an NVIS pilot with 50 hours or less of NVIS flight time as an NVIS PIC, NVIS PICUS or NVIS pilot dual must meet the minimum NVIS recent experience and NVIS proficiency check requirements mentioned in subclause 21.1, modified in accordance with subclause 21.3.
   21.3     For an NVIS pilot mentioned in subclause 21.2:
(a)   the minimum NVIS recent experience requirements are modified reading each reference in regulation 61.1010 to “6 months”, as a reference to “3 months”; and
(b)   the minimum NVIS proficiency check requirements are modified by reading each reference in regulation 61.1015 to “the 12th month”, as a reference to “the 6th month”.
Note   Subclauses 21.2 and 21.3 do not amend regulations 61.1010 and 61.1015 of Part 61 of CASR 1998. In the interests of safety, they impose AOC conditions in the form of the additional recency and proficiency check obligations that an NVIS operator must ensure are met for the conduct of NVIS operations under this Order.
   21.4     The minimum recent experience requirements for an NVIS pilot with a special fire endorsement are as follows:
(a)   compliance with the requirements of subclause 21.1 or 21.2 (as the case requires);
(b)   within the 90 days before an NVIS operation for which the pilot requires a special fire endorsement, NVFR recency, including 3 hours of NVFR (unaided) flight;
(c)   within the 30 days before an NVIS operation for which the pilot requires a special fire endorsement — completion on type of proficiency check for an NVIS pilot with a special fire endorsement, in accordance with the requirements of paragraphs 23.2 (a) to (d) (including subparagraphs (d) (i) to (ix));
(d)   separate from any requirements under paragraphs (a), (b) and (c) — repeated practice of recovery from unusual attitudes, which must be conducted in daylight.
[41]     Appendix 3, clause 23A
omit
[42]     Appendix 3, clause 23
substitute
23        NVIS pilot proficiency check including special fire endorsement
               An NVIS operator proficiency check for an NVIS pilot, including where applicable with a special fire endorsement must:
(a)   be conducted by an NVIS checking pilot of a TCO or a Part 142 operator; and
(b)   whether through actual NVIS flight time, NVIS flight time in an approved Level D NVIS flight simulator or a combination of both — involve NVIS flight that is representative of the operator’s typical NVIS mission profile; and
(c)   be a minimum of:
             (i)  60 minutes NVIS flight time; or
            (ii)  for an NVIS pilot with a special fire endorsement — 90 minutes NVIS flight time; and
(d)   require the candidate to demonstrate competency in all of the following:
             (i)  NVIS unit failure for each of the crew members;
            (ii)  NVIS single tube failure for each of the crew members;
           (iii)  white light failure requiring a no-light approach to landing;
           (iv)  procedures for utilising backup power to the NVIS;
            (v)  circuit operations to NVIS basic HLS located in areas devoid of HLS lighting or surrounding cultural lighting;
           (vi)  procedures for loss of visual reference (for example, brownout or whiteout) when visibility is inadvertently lost on departure or arrival to, or over, a HLS;
          (vii)  procedures for in-flight deteriorating visibility situations;
         (viii)  inadvertent I.M.C. penetration and recovery to V.M.C. flight;
           (ix)  procedures for wire and obstacle detection and avoidance using white light (for example, from a steerable searchlight or night sun);
    (x)  procedures for operating in the vicinity of a fire, including the following:
(A)    ability to assess risks in, and plan operations to avoid, smoke-laden air;
(B)    ability to communicate and interact effectively with observers and fire authorities who are in the air or on the ground;
(C)    emergency procedures for fire mapping and incendiary dropping, including emergencies arising from any failure or malfunctioning of the incendiaries or the incendiary dropping device.
23AA  NVIS aircrew member proficiency check
23AA.1 The requirements for an NVIS CCF may be met for an NVIS aircrew member by an initial endorsement of the NVIS aircrew member qualification or a successful NVIS CCF.
23AA.2 An NVIS CCF for an NVIS aircrew member must:
(a)   be conducted by 1 of the following:
             (i)  the chief pilot;
            (ii)  the senior NVIS pilot;
           (iii)  the NVIS training pilot or the NVIS checking pilot of the NVIS operator’s TCO;
but only if he or she:
           (iv)  holds all relevant NVIS ratings and endorsements in accordance with Part 61 of CASR 1998 for the particular kind of NVIS operation involved; and
            (v)  is also an NVIS aircrew member instructor.
Note 1   For the requirement that an NVIS operator, who uses an NVIS aircrew member in an NVIS operation, must have a TCO to ensure NVIS aircrew member competency, see subsection 4 of this Order.
Note 2   An NVIS pilot mentioned in subparagraphs (a) (i) to (a) (iii) may only conduct an NVIS aircrew member NVIS CCF for certain particular duties if the NVIS pilot is qualified and experienced in relation to those duties. Unless the NVIS pilot is qualified and experienced to conduct mission specific NVIS aircrew member functions in the cabin of a helicopter (for example, winch rappelling or conning of aircraft), the NVIS pilot is permitted to assess only those NVIS aircrew member duties that were relevant to assisting the NVIS pilot.
(b)   involve an NVIS flight that is:
             (i)  representative of the operator’s typical NVIS mission profile; and
            (ii)  in the nature of a check flight that establishes the NVIS aircrew member’s competency; and
(c)   as a minimum, require the candidate to demonstrate competency in all of the following:
             (i)  NVIS unit failure for each of the crew members;
            (ii)  NVIS single tube failure for each of the crew members;
           (iii)  procedures for utilising backup power to the NVIS;
           (iv)  circuit operations to NVIS basic HLS located in areas devoid of HLS lighting or surrounding cultural lighting;
            (v)  procedures for loss of visual reference (for example, brownout or whiteout) when visibility is inadvertently lost on departure or arrival to, or over, a HLS;
           (vi)  if an NVIS aircrew member’s operational role requires him, or her, to sit in the front seat of the aircraft and provide assistance to the pilot — assisting the pilot:
(A)    during procedures for flight into deteriorating in-flight visibility situations; and
(B)    during in-flight safe recovery to V.M.C. flight after inadvertent entry to I.M.C.;
         (viii)  procedures for wire and obstacle detection and avoidance using white light (for example, from a steerable searchlight or night sun); and
(d)   otherwise be in accordance with the NVIS operator’s operations manual.
23A     Due date for NVIS CCF
                 Despite anything in clause 21, 22 or 23 for an NVIS CCF, for an NVIS aircrew member, recency is deemed to expire at the end of the last day of the month in which recency would otherwise expire but for this clause.
[43]     Appendix 3, clause 24
substitute
24        Reserved
[44]     Appendix 3, clause 25
substitute
25        Reserved
[45]     Appendix 3, clause 27, the heading
substitute
27        NVIS aircrew — ground training
[46]     Appendix 3, subclause 27.1
substitute
   27.1     NVIS aircrew member training must include a CASA approved NVIS ground theory training course of at least 6.5 hours followed by a written examination to certify competency.
[47]     Appendix 3, paragraph 27.2 (g)
omit
the Australian Standard AS/NZS 4360:2004
insert
ISO 31000:2009
[48]     Appendix 3, subclause 27.3
substitute
     27.3     NVIS aircrew member training for incendiary dropping and fire mapping, initial NVIS qualification training must comply with subclauses 27.1 and 27.2.
[49]     Appendix 3, clause 28
substitute
28        NVIS aircrew member — NVIS flight training
              NVIS flight training for NVIS aircrew member qualifications must be approved by CASA.
[50]     Appendix 3, clause 29
substitute
29        Reserved
[51]     Appendix 3, clause 30
substitute
30        Reserved
[52]     Appendix 3, clause 31
substitute
31        Reserved
[53]     Appendix 3, paragraph 33.2 (a)
substitute
(a)   be conducted in at least 2 separate flights by an NVIS pilot qualified to conduct an NVIS CCF for an NVIS aircrew member; and
Note   See clause 23A of this Appendix.
[54]     Appendix 3, clause 34, the chapeau
substitute
              A flight test for the initial NVIS aircrew member qualification must be conducted by an NVIS pilot qualified to conduct an NVIS CCF for an NVIS aircrew member; and, as a minimum, the candidate must demonstrate competency in the following:
[55]     Attachment 1 to Appendix 3
substitute
Attachment 1 to Appendix 3
Performance Standards for Night Vision Imaging Systems
Modifications of RTCA/DO 275
                 In this Attachment, each item in column 3 of the Table shows how a relevant operational performance specification in the corresponding paragraph of RTCA/DO-275 mentioned in column 1 of the item and summarised (if any) in column 2 of the item, is modified.
List of modifications to RTCA/DO-275
 
Column 1
Column 2
Column 3

Item
RTCA/DO-275
Summary
Amended performance requirement

1
Para 2.2.1.1 System Resolution
1.0 cycles per milliradian (cy/mr).
At 14º off axis = 0.81 cy/mr
With a variable focus @ through infinity = 0.49cy/mr
1.3 cy/mr

2
Para 2.2.1.2 System Luminance Gain – Filmed non-autogating
 
= 2 500 foot-Lamberts (fL) per fL at an input light level of 1 x 10-4 fL
= 5 500 foot-Lamberts (fL) per fL at an input light level of 1 x 10-4 fL
= 1750 cd/m2/lx at an input light level of 1.1 x 10-3 lx

3
System Luminance Gain – Filmless Autogating
 
=16 000 cd/m2/lx at an input light level of 2 x 10-5 lx

4
Para 2.2.1.3 Field-of-View
38º vertical and horizontal
40º

5
Para 2.2.1.4 Magnification
1:1 +/- 2%
1:1

6
Para 2.2.1.7.1 Spectral Transmission
Meet Class B filter requirements
Class B filter

7
Para 2.2.1.10 Eyepiece Diopter Range
Adjustable +1.0 to –2.0, or
Fixed –0.5 and –1.0
+2 to -6

8
Para 2.2.1.12 Objective Focus Range
Adjustable from beyond infinity to no greater than 45 cm close range
25 cm close

9
Para 2.2.13 Exit Pupil/Eye Relief
Type I – 25 mm,
Type II – 20mm
25 mm

10
Para 2.2.2.3 Flip-Up/Flip Down
Required capability
Push button

11
Para 2.2.2.4 Fore-and-Aft Adjustment
Sufficient to align with users eyes
27 mm total

12
Para 2.2.2.4 Tilt Adjustment
Sufficient to align with users eyes
10º

13
Para 2.2.2.5 Interpupillary Adjustment
Desired but not required. If not installed, exit pupil must be large enough to see full FOV
51 to 72 mm

14
Para 2.2.2.6 Voltage Required
2.7 – 3.0 V DC 50mA nominal Backup power supply required
2.7 – 3.0 V DC 50mA nominal
Backup available

15
Technology
Intensifier tubes not specified
Not specified

16
Photosensitivity filmed non-autogating
Not specified
1 800 µA/lm

17
Photosensitivity filmless autogating
 
800 µA/lm

18
Tube Resolution
Not specified
64 line pairs per millimetre (lp/mm)

19
Signal to Noise Ratio Filmed non-autogating
Not specified
21:1

20
Signal to Noise Ratio Filmless autogating
 
25:1