Federal Register of Legislation - Australian Government

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CASA 288/07 Directions/Civil Aviation as made
This Direction revokes CASA 30/07 direction and issues a new direction which continues to prohibit the use, in private operations, of night vision goggles (NVG) as the primary means of terrain avoidance for safe air navigation by means of visual surface reference external to an aircraft. However, the new direction does not apply to private operations that comprise NVG flight tests and NVG capability check flights conducted by NVG FOIs, or non-initial NVG training conducted by approved NVG operators for permitted NVG operations.
Administered by: Infrastructure, Transport, Cities and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 24 Aug 2007
Tabling HistoryDate
Tabled Senate10-Sep-2007
Tabled HR11-Sep-2007

Instrument number CASA 288/07

I, Gregory Jerome Vaughan, Group General Manager, General Aviation Operations, a delegate of CASA, make this instrument under subregulation 209 (1) of the Civil Aviation Regulations 1988 (CAR 1988).

[Signed G. J. Vaughan]

Greg Vaughan
Group General Manager
General Aviation Operations

21 August 2007

Direction — use of night vision devices prohibited in private operations

1          Commencement

            This instrument commences on the day after it is registered.

2          Revocation

            Instrument CASA 30/07 is revoked.

3          Application

   (1)     Subject to subsection (2), this instrument applies to each operator, and each pilot in command, of a private operation.

   (2)     This instrument does not apply if the private operation is a night vision goggles (NVG) flight test or an NVG competency check flight under Civil Aviation Order 82.6 (CAO 82.6) that is conducted by a CASA NVG flying operations inspector.

4          Direction

   (1)     Subject to subsection (2), it is a condition of a private operation under CAR 1988 that a night vision device (NVD) must not be used in the operation as the primary means of terrain avoidance for safe air navigation by means of visual surface reference external to an aircraft.

   (2)     NVD in the form of NVG may be used if the private operation is NVG training, other than NVG initial training, by an approved NVG operator, for a permitted NVG operation, in accordance with CAO 82.6.

Note   NVG initial training has the same meaning as in CAO 82.6.

   (3)     In this section:

night vision device, or NVD, means night vision enhancement equipment, fitted to, or mounted in or on, an aircraft, or worn by a person in the aircraft, and that can:

(a)   detect and amplify light in both the visual and near infra-red bands of the electromagnetic spectrum; or

(b)   provide an artificial image representing topographical displays.

Note   CASA is conducting a controlled and monitored 12 month trial of the use of NVD in certain approved helicopter aerial work operations. Depending on the outcome of the trial, at the end of it, CASA will reconsider the prohibition on the use of NVD in private operations.