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Civil Aviation Order 82.6 Amendment Order (No. 2) 2007

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I, William Bruce Byron, Director of Aviation Safety, on behalf of CASA, make this instrument under paragraph 28BA (1) (b) of the Civil Aviation Act 1988 and subregulations 5 (1), 207 (2), 215 (3), 217 (1) and 308 (1) of the Civil Aviation Regulations 1988.
[Signed Bruce Byron]
Bruce Byron
Director of Aviation Safety and
   Chief Executive Officer
4 October 2007
Civil Aviation Order 82.6 Amendment Order (No. 2) 2007
1          Name of instrument
            This instrument is the Civil Aviation Order 82.6 Amendment Order (No. 2) 2007.
2          Commencement
            This instrument commences on the day after it is registered.
Note   Unless extended by CASA, the controlled trial of night vision goggles by approved operators under Civil Aviation Order 82.6 ends at the end of 30 June 2008.
3          Amendment of Civil Aviation Order 82.6
            Schedule 1 amends Civil Aviation Order 82.6 (CAO 82.6).
Note   CAO 82.6 is contained in Schedule 1 of Civil Aviation Order 82.6 Instrument 2007.
Schedule 1       Amendment
[1]       Subsection 1, paragraph (a) of definition of aerial fire fighting
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        multi-engine
[2]       Subsection 1, definition of aircrew member
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; or (e)  to use an auto-hover system to position, or reposition, the helicopter by inputs to an auto-hover trim control (this is known as crew hover).
[3]       Appendix 1, subclause 5.3 of the Note
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Note   NVG 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 NVG 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 NVG operations below LSALT should be under the NVFR.
[4]       Appendix 1, subclause 9.2
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CASA or an authorised person
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CASA, an authorised person or an NVG aircrew member instructor of an approved NVG operator’s TCO or of an approved NVG training provider
[5]       Appendix 1, after subclause 10.2
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10.3     CASA may accept that a military flight test meets the requirements of subparagraph 10.1 (c) if the person gives CASA persuasive written evidence that:
(a)   the competencies mentioned in subparagraph 10.1 (c) have been demonstrated in the military test flight; and
(b)   during the 12 months before the application for log book endorsement, the person was recognised by the military authority as qualified and current to use NVG.
10.4     An NVG aircrew member instructor of an approved NVG operator’s TCO, or of an approved NVG training provider, may issue a person with a log book endorsement for an NVG 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.
[6]       Appendix 1, paragraph 13 (b)
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(b)   for an NVG aircrew member:
             (i)  if the operator has a TCO — an appropriately qualified and experienced person appointed by the TCO to conduct the NVG CCF; or
            (ii)  otherwise — an appropriately qualified and experienced person appointed by the operator to conduct the NVG CCF.
Note   For example, an NVG pilot would only be an appropriately qualified and experienced person to conduct an NVG aircrew member NVG CCF for certain duties if the NVG pilot were qualified and experienced in relation to those duties.
Thus, unless an NVG pilot were qualified and experienced to conduct mission specific NVG aircrew member functions in the cabin of a helicopter (for example, winch rappelling or conning of aircraft), the NVG pilot could be permitted to assess only those NVG aircrew member duties that were relevant to assisting the NVG pilot.
[7]       Appendix 2, subclause 4.1.6
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[8]       Appendix 3, subclause 3.2
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   3.2     Each NVG image intensifier tube and associated NVG equipment (the NVG tubes and equipment) must be:
(a)   certified by its manufacturer as being for aviation use; and
(b)   identified by the manufacturer’s unique serial number; and
(c)   acquired directly from:
             (i)  the manufacturer or the manufacturer’s official supplier (the official source); or
            (ii)  a person who acquired it directly from an official source (the initial acquirer); or
            (iii)  a person who acquired it as the first or later acquirer in a line of direct and provable acquisitions originating from the initial acquirer (a subsequent acquirer); and
(d)   for NVG tubes and equipment acquired before the approval under clause 2 of Appendix 1 — the subject of documentation, supplied to CASA with the operator’s application for approval, proving the matters mentioned in paragraphs (a), (b) and (c); and
(e)   for NVG tubes and equipment acquired after the approval under clause 2 of Appendix 1 — the subject of a report to CASA within 1 week of its acquisition proving the matters mentioned in paragraphs (a), (b) and (c).
Note 1   In this subclause, acquired includes acquired with, or without, valuable consideration.
Note 2   CASA considers the source of second-hand NVG tubes and equipment to be a matter that may affect safety.
[9]       Appendix 3, subclause 8.3
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   8.3     Subject to subclauses 8.1 and 8.2, a single NVG pilot is the minimum NVG crew only if the NVG operation is:
(a)   at, or above, 1 000 ft AGL (except for take-off and landing) to, and from, a HLS-NVG standard; or
(b)   at, or above, 500 ft AGL in accordance with an application proposing relevant amendments to the operations manual if:
             (i)  CASA considers that the proposed amendments, or the proposed amendments as varied by CASA, preserve or enhance the safety of the NVG operation; and
            (ii)  the operator complies with CASA directions (if any) that the information, procedures and instructions in the operations manual be revised or varied in accordance with the proposed amendments, or the proposed amendments as varied by CASA.
[10]     Appendix 3, paragraph 16 (f)
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(f)    a total of at least 10 hours’ experience:
             (i)  for a command pilot — as pilot in command at night (unaided) under the NVFR; and
            (ii)  for a co-pilot — as a co-pilot at night (unaided) under the NVFR.
[11]     Appendix 3, clause 21
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minimum recency requirements
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, whether through actual NVG flight time, NVG flight time in an approved Level D NVG flight simulator or a combination of both,
[12]     Appendix 3, clause 22, table 22.1, second and third column headings
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Front seat aircrew member
Rear cabin aircrew member
[13]     Appendix 3, clause 22, table 22.1, NVG flight time (Front seat aircrew member)
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1 hour incorporating 3 take-offs, circuits and landings in last 3 months or NVG CCF in last 3 months
[14]     Appendix 3, clause 22, Table 22.1, after the Note
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Note 2   If an aircrew member alternates his or her operational role between front seat aircrew member and rear cabin aircrew member, he or she must meet front seat aircrew member recency requirements.
[15]     Appendix 3, paragraph 23.2 (b)
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(b)   whether through actual NVG flight time, NVG flight time in an approved Level D NVG flight simulator or a combination of both — involve NVG flight that is representative of the operator’s typical NVG mission profile; and
[16]     Appendix 3, subparagraph 23.3 (c) (vi)
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           (vi)  if an NVG 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.;
[17]     Appendix 3, subparagraph 23.3 (c) (vii)
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[18]     Appendix 3, subclause 23.3, the Note
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an NVG training and checking pilot who is
[19]     Appendix 3, paragraph 27.2 (c)
after
perception limitations,
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overconfidence,
[20]     Appendix 3, paragraph 29 (e)
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(e)   a total of at least 10 hours’ experience:
             (i)  for a command pilot — as pilot in command at night (unaided) under the NVFR; and
            (ii)  for a co-pilot — as a pilot in command at night (unaided), or as a co-pilot at night (unaided) under the NVFR;
        of which at least 3 hours are in the 3 months immediately before the initial award of the NVG endorsement;
[21]     Appendix 3, subparagraph 29 (f) (ii)
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            (ii)  have completed at least 10 hours of dedicated dual instrument training of which:
(A)    not more than 7 hours may be in a fixed-wing aircraft; and
(B)    not more than 5 hours may be in a synthetic flight trainer; and
(C)    at least 1.5 hours must be completed in a helicopter in the 3 months immediately before commencing NVG training, to a degree which ensures proficiency in the requirements specified in paragraphs 2.1 (a) and (c) of Appendix 1 in CAO 40.2.2, to the standard specified in clause 2.2 of that Appendix; and
(D)    some time must be spent to ensure proficiency in recovery to V.M.C. flight after inadvertent I.M.C. penetration;
[22]     Appendix 3, paragraph 32 (d)
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5 hours
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3 hours
[23]     Appendix 3, subclause 33.1
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2 hours
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3 hours
[24]     Appendix 3, paragraph 33.4 (f)
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(f)    if an NVG 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:
             (i)  during procedures for flight into deteriorating in-flight visibility situations; and
            (ii)  during in-flight safe recovery to V.F.R. flight following simulated inadvertent entry to I.M.C.;
[25]     Appendix 3, paragraph 33.4 (g)
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[26]     Appendix 3, paragraph 34 (h)
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(h)   if an NVG 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:
             (i)  during procedures for flight into deteriorating in-flight visibility situations; and
            (ii)  during in-flight safe recovery to V.F.R. flight following simulated inadvertent entry to I.M.C.;
[27]     Appendix 3, paragraph 34 (i)
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