Proposed flight operations miscellaneous amendments - Tranche 1 - (CD 2605OS)
Directions relating to first use of NVIS in an NVIS operation
Current requirements
There are several defined terms relating to night vision imaging system (NVIS).
- An NVIS flight is the broad overarching defined term which means any flight that is using NVIS, for any purpose.
- An NVIS operation is a subset of the broader term NVIS flight, that provides permitted operators increased operational flexibilities and rule variations.
The rules before December 2021, only allowed NVIS to be used during a specific NVIS operations as identified in Civil Aviation Order (CAO) 82.6, and only with CASA approval. There were no exceptions to this.
Following consultation in 2020 and 2021, on incorporating rules in Civil Aviation Order (CAO) 82.6 into the Civil Aviation Safety Regulations 1998 (CASR), NVIS use was expanded to allow qualified pilots with appropriately modified aircraft, to use NVIS without approval, provided the normal night visual flight rules (VFR) or night instrument flight rules (IFR) were followed.
Operations that required alleviations from the night VFR or night IFR continued to be called NVIS operations, but the definition of this term depended on whether the rules being followed were those of Part 91, 133 or 138 of CASR.
During consultation activities in 2020 and 2021 on incorporating the NVIS rules in CAO 82.6 into the new CASR parts, it was agreed that operators using NVIS for the first time in an NVIS operation must apply to CASA for approval and provide appropriate documentation. However, the Part 119 and 138 definitions of significant change had already been locked in and could not be amended before the new rules commenced in December 2021.
More Information
Regulations 119.020 and 138.012 of CASR define what changes constitute significant changes for these CASR parts and affected operators. Significant changes are those changes made by an operator that require the operator to obtain CASA's approval of the change before it is implemented. This requires the operator to apply with technical details of the proposed change and their proposed exposition procedures supporting the change to CASA, and pay a fee, before CASA evaluates the application and decides whether to approve it.
Other operator changes, referred to in CASA's forms and guidance materials as non-significant changes, must be assessed by the operator using their change management process. If the change remains assessed by the operator as a non-significant change, they can implement the change without CASA's pre-approval and notify CASA of the change in accordance with their change management process. This notification can occur well after the change has been implemented.
Therefore, to implement this requirement for pre-approval, CASA put in place directions to operators in the sections 6A and 23 of the instruments mentioned in the fact bank below.
More Information
CASA EX68/24 - Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2024
- section 6A - First use of NVIS in an NVIS operation under Part 133 of CASR – significant change – direction
CASA EX72/24 - Part 138 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2024
- section 23 - First use of NVIS in an NVIS operation under Part 138 – significant change – direction