Statutory Rules 1998   No. 32^1
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Civil Aviation Regulations^2 (Amendment)
I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Civil Aviation Act 1988.
Dated 4 March 1998.

	WILLIAM DEANE
	Governor-General
By His Excellency’s Command,

MARK VAILE
Minister for Transport and Regional Development
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1.   Commencement
1.1   These Regulations commence on gazettal.
2.   Amendment
2.1   The Civil Aviation Regulations are amended as set out in these Regulations.
3.   New regulations 5.01A and 5.01B
3.1   After regulation 5.01, insert in Division 1 of Part 5:
Night V.F.R. handling requirements for unrated pilots
	“5.01A.	(1)	For this Part, a person satisfies night V.F.R. handling requirements in an aircraft if, while dual flying in the aircraft, he or she:
	(a)	in daylight, manually recovers from unusual attitudes by using appropriate techniques solely by reference to the aircraft’s flight instruments; and
	(b)	in daylight or at night, manually performs each of the following manoeuvres, within so many of the tolerances specified in subregulation (2) as are relevant to the manoeuvre solely by reference to the aircraft’s flight instruments:
	(i)	level turns of up to 30° angle of bank;
	(ii)	climbing turns at a constant speed to an altitude previously determined by the person giving the flying training;
	(iii)	descending turns at a constant speed to an altitude previously determined by the person giving the flying training;
	(iv)	straight and level flight;
	(v)	climbing and descending; and
	(c)	performs each of the following sequences at night by reference to visual cues and the aircraft’s flight instruments:
	(i)	circuits;
	(ii)	baulked approaches;
	(iii)	if the aircraft is a multi‑engine helicopter—cruise flight in the reduced power configuration (simulated one engine inoperative);
	(iv)	if the aircraft is a multi‑engine aeroplane—asymmetric flight in the cruise configuration (simulated one engine inoperative);
	(v)	if the aircraft is a single engine helicopter—autorotative flight with power termination to an in‑ground effect hover, or to an air taxi;
	(vi)	if the aircraft is a single engine aeroplane—entry to the glide configuration from straight and level flight, and from a climbing attitude.
	“(2)	For paragraph (1) (b), the following tolerances are specified:
	(a)	± 10°  of a heading previously nominated by the person giving the flying training;
	(b)	± 10 knots of a speed previously nominated by the person giving the flying training;
	(c)	± 200 feet of an altitude previously nominated by the person giving the flying training.
	“(3)	For subparagraph (1) (c) (i), a person performs a circuit while flying an aircraft if the person:
	(a)	takes off in the aircraft from an aerodrome; and
	(b)	flies the aircraft around the aerodrome in accordance with the traffic pattern for the aerodrome; and
	(c)	lands the aircraft at the aerodrome.
Direct supervision
	“5.01B.	For this Part, a pilot is taken to conduct a flight at night under the V.F.R. under the direct supervision of an authorised flight instructor only if the instructor:
	(a)	provides guidance to the pilot in relation to the flight; and
	(b)	has been nominated to be on duty by the Chief Flying Instructor of a flying school for the purpose of providing such guidance; and
	(c)	during the flight:
	(i)	is present at the aerodrome from which the flight started; or
	(ii)	is flying in the traffic pattern for that aerodrome; or
	(iii)	is flying under the I.F.R. in the vicinity of that aerodrome in accordance with the instrument procedures for the aerodrome and instructions (if any) from Air Traffic Control; or
	(iv)	is flying under the V.F.R. within 10 miles of the aerodrome reference point for that aerodrome; and
	(d)	can be contacted during the flight by radio or other electronic means.”.
4.   Regulation 5.74 (May an instructor permit a student to carry out activities for which a rating is required?)
4.1   Omit “An”, substitute “Subject to subregulation (2), an”.
4.2   Add at the end:
	“(2)	An authorised flight instructor may permit a student pilot to fly an aircraft as pilot in command at night under the V.F.R. in a traffic pattern, if:
	(a)	the student conducts the flight under the direct supervision of an authorised flight instructor; and
	(b)	weather conditions in the traffic pattern are such that the flight can be conducted as a V.F.R. flight; and
	(c)	an authorised flight instructor has made an entry in the student’s personal log book to the effect that the student has satisfied the night V.F.R. handling requirements in an aircraft of the same category as the aircraft used for the flight; and
	(d)	the student meets the recent experience requirements set out in subregulation (3) for the flight; and
	(e)	there are no passengers in the aircraft.
	“(3)	For paragraph (2) (d), the student pilot meets the recent experience requirements for the flight if:
	(a)	in the case of a student who has not passed the general flying progress flight test for the category of aircraft used for the flight—the student has, within 30 days before the day of the flight, carried out:
	(i)	at least 3 take‑offs and 3 landings at night while flying under the V.F.R. as pilot in command of an aircraft of that category; or
	(ii)	at least 1 take‑off and 1 landing at night while dual flying under the V.F.R. in an aircraft of that category; or
	(b)	in the case of a student who has passed the general flying progress flight test for the category of aircraft used for the flight—the student has, within 90 days before the day of the flight, carried out:
	(i)	at least 3 take‑offs and 3 landings at night while flying under the V.F.R. as pilot in command of an aircraft of that category; or
	(ii)	at least 1 take‑off and 1 landing at night while dual flying under the V.F.R. in an aircraft of that category.”.
5.   Regulation 5.80 (Private (aeroplane) pilot: rating required)
5.1   Omit “A”, substitute “Subject to subregulation (2), a”.
5.2   Add at the end:
	“(2)	The holder of a private pilot (aeroplane) licence may fly as pilot in command of an aeroplane at night under the V.F.R. without holding an aeroplane grade of night V.F.R. rating, if:
	(a)	the aeroplane is flying in a traffic pattern; and
	(b)	weather conditions in the traffic pattern are such that the flight can be conducted as a V.F.R. flight; and
	(c)	an authorised flight instructor has made an entry in the holder’s personal log book to the effect that the holder has satisfied the night V.F.R. handling requirements in an aeroplane; and
	(d)	the holder has, within 90 days before the day of the flight, carried out:
	(i)	at least 3 take‑offs and 3 landings at night while flying an aeroplane under the V.F.R. as pilot in command; or
	(ii)	at least 1 take‑off and 1 landing at night while dual flying in an airplane under the V.F.R.; and
	(e)	the holder conducts the flight under the direct supervision of an authorised flight instructor; and
	(f)	there are no passengers in the aeroplane.”.
6.   Regulation 5.90 (Private (helicopter) pilot: rating required)
6.1   Omit “A”, substitute “Subject to subregulation (2), a”.
6.2   Add at the end:
	“(2)	The holder of a private pilot (helicopter) licence may fly as pilot in command of a helicopter at night under the V.F.R. without holding a helicopter grade of night V.F.R. rating, if:
	(a)	the helicopter is flying in a traffic pattern; and
	(b)	weather conditions in the traffic pattern are such that the flight can be conducted as a V.F.R. flight; and
	(c)	an authorised flight instructor has made an entry in the holder’s personal log book to the effect that the holder has met the night V.F.R. handling requirements in a helicopter; and
	(d)	the holder has, within 90 days before the day of the flight, carried out:
	(i)	at least 3 take‑offs and 3 landings at night while flying a helicopter under the V.F.R. as pilot in command; or
	(ii)	at least 1 take‑off and 1 landing at night while dual flying in a helicopter under the V.F.R.; and
	(e)	the holder conducts the flight under the direct supervision of an authorised flight instructor; and
	(f)	there are no passengers in the helicopter.”.
7.   Regulation 5.107 (Commercial (aeroplane) pilot: rating required)
7.1   Subregulation 5.107 (1):
Omit “A”, substitute “Subject to subregulation (3), a”.
7.2   Add at the end:
	“(3)	The holder of a commercial pilot (aeroplane) licence may fly as pilot in command of an aeroplane at night under the V.F.R. without holding an aeroplane grade of night V.F.R. rating, if:
	(a)	the aeroplane is flying in a traffic pattern; and
	(b)	weather conditions in the traffic pattern are such that the flight can be conducted as a V.F.R. flight; and
	(c)	an authorised flight instructor has made an entry in the holder’s personal log book to the effect that the holder has met the night V.F.R. handling requirements in an aeroplane; and
	(d)	the holder has, within 90 days before the day of the flight, carried out:
	(i)	at least 3 take‑offs and 3 landings at night while flying an aeroplane under the V.F.R. as pilot in command; or
	(ii)	at least 1 take‑off and 1 landing at night while dual flying in an airplane under the V.F.R.; and
	(e)	the holder conducts the flight under the direct supervision of an authorised flight instructor; and
	(f)	there are no passengers in the aeroplane.”.
8.   Regulation 5.123 (Commercial (helicopter) pilot: rating required)
8.1   Subregulation 5.123 (1):
Omit “subregulation (2)”, substitute “subregulations (2) and (4)”.
8.2   Add at the end:
	“(4)	The holder of a commercial pilot (helicopter) licence may fly as pilot in command of a helicopter at night under the V.F.R. without holding a helicopter grade of night V.F.R. rating, if:
	(a)	the helicopter is flying in a traffic pattern; and
	(b)	weather conditions in the traffic pattern are such that the flight can be conducted as a V.F.R. flight; and
	(c)	an authorised flight instructor has made an entry in the holder’s personal log book to the effect that the holder has met the night V.F.R. handling requirements in a helicopter; and
	(d)	the holder has, within 90 days before the day of the flight, carried out:
	(i)	at least 3 take‑offs and 3 landings at night while flying a helicopter under the V.F.R. as pilot in command; or
	(ii)	at least 1 take‑off and 1 landing at night while dual flying in a helicopter under the V.F.R.; and
	(e)	the holder conducts the flight under the direct supervision of an authorised flight instructor; and
	(f)	there are no passengers in the helicopter.”.
9.   Regulation 5.168 (Air transport (aeroplane) pilot: rating required)
9.1   Subregulation 5.168 (1):
Omit “subregulation (2)”, substitute “subregulations (2) and (3)”.
9.2   Add at the end:
	“(3)	The holder of an air transport pilot (aeroplane) licence may fly as pilot in command of an aeroplane at night under the V.F.R. without holding an aeroplane grade of night V.F.R. rating, if:
	(a)	the aeroplane is flying in a traffic pattern; and
	(b)	weather conditions in the traffic pattern are such that the flight can be conducted as a V.F.R. flight; and
	(c)	an authorised flight instructor has made an entry in the holder’s personal log book to the effect that the holder has met the night V.F.R. handling requirements in an aeroplane; and
	(d)	the holder has, within 90 days before the day of the flight, carried out:
	(i)	at least 3 take‑offs and 3 landings at night while flying an aeroplane under the V.F.R. as pilot in command; or
	(ii)	at least 1 take‑off and 1 landing at night while dual flying in an aeroplane under the V.F.R.; and
	(e)	the holder conducts the flight under the direct supervision of an authorised flight instructor; and
	(f)	there are no passengers in the aeroplane.”.
10.   Regulation 5.177 (Air transport (helicopter) pilot: rating required)
10.1   Subregulation 5.177 (1):
Omit “subregulation (2)”, substitute “subregulations (2) and (4)”.
10.2   Add at the end:
	“(4)	The holder of an air transport pilot (helicopter) licence may fly as pilot in command of a helicopter at night under the V.F.R. without holding a helicopter grade of night V.F.R. rating, if:
	(a)	the helicopter is flying in a traffic pattern; and
	(b)	weather conditions in the traffic pattern are such that the flight can be conducted as a V.F.R. flight; and
	(c)	an authorised flight instructor has made an entry in the holder’s personal log book to the effect that the holder has met the night V.F.R. handling requirements in a helicopter; and
	(d)	the holder has, within 90 days before the day of the flight, carried out:
	(i)	at least 3 take‑offs and 3 landings at night while flying a helicopter under the V.F.R. as pilot in command; or
	(ii)	at least 1 take‑off and 1 landing at night while dual flying in a helicopter under the V.F.R.; and
	(e)	the holder conducts the flight under the direct supervision of an authorised flight instructor; and
	(f)	there are no passengers in the helicopter.”.

11.   Regulation 174C (Qualifications for night flying under V.F.R.)
11.1   Subregulation 174C (1):
After paragraph (b), insert:
	“; or (c)	a student pilot, or holder of a private pilot licence, commercial pilot licence or air transport pilot licence, permitted under Part 5 to fly an aircraft in a traffic pattern at night under the V.F.R.;”.
11.2   After subregulation (1), insert:
	“(1A)	A pilot who holds a licence on which an instrument rating for a category of aircraft has been endorsed may fly an aircraft of the same category at night under the V.F.R.:
	(a)	using the types of navigation aids endorsed in the pilot’s log book for use with that rating; and
	(b)	subject to compliance with any conditions that CASA issues in Civil Aviation Orders in relation to aeronautical experience and recent experience.
	“(1B)	CASA may give directions in Civil Aviation Orders setting out conditions for paragraph (1A) (b).
	“(1C)	A pilot must not contravene a direction under subregulation (1B).
Penalty:  25 penalty units.”.

NOTES
1.	Notified in the Commonwealth of Australia Gazette on 11 March 1998.
2.	Statutory Rules 1988 No. 158 as amended by Statutory Rules 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332 and 466; 1991 Nos. 54, 147, 157, 247, 287, 382, 409, 410, 426 and 487; 1992 Nos. 36, 174, 254, 258, 279, 325, 342, 380, 417 and 418; 1993 Nos. 221, 268, 319 and 368; 1994 Nos. 93, 173, 187, 188, 260, 294, 382 and 396; 1995 Nos. 122, 147, 148 and 224; 1996 No. 88; 1997 Nos. 23, 67, 111, 139 and 220; 1998 No. 31.

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