The following SR was attached. This has serious implications for NVFR operations [
Further comments]:
Requirements for visual flight rule flights in dark night conditions Number: AO-2011-102-SI-02
Issue owner: Civil Aviation Safety Authority Operation affected:
Aviation – All general aviation operations
Who it affects:
All aircraft operating under the night visual flight rules (VFR)
Safety issue description:
Aerial work and private flights were permitted under the visual flight rules in dark night conditions, which are effectively the same as instrument meteorological conditions, but without sufficient requirements for proficiency checks and recent experience to enable flight solely by reference to the flight instruments.
ATSB – AO-2011-102
Response to safety issue by: the Civil Aviation Safety Authority
On 18 October 2013, the Civil Aviation Safety Authority (CASA) stated that as part of the new pilot licencing rules (in development prior to August 2011), Civil Aviation Safety Regulation 61.970 will require pilots to demonstrate competency during biennial night visual flight rules assessments, which become effective in December 2013. As noted in Minimum requirements for night operations, this will certainly help maintain some pilots’ ability to a higher level than previously, but it will not ensure that the pilots are able to maintain their skills at an instrument rating standard.
CASA also advised of the following actions:
CASA will implement a regulatory change project to study the feasibility of rule changes that provide enhanced guidance on NVFR [night VFR] flight planning and other considerations, addressing all categories of operation.
CASA will clarify the definition of visibility as outlined in CAR [Civil Aviation Regulation] 2 to ensure the primary coincident safety issue above is dealt with.
CAR 2 defines visibility as the “ability, as determined by atmospheric conditions and expressed in units of distance, to see and identify prominent unlighted objects by day and prominent lighted objects by night”. CASA will, via regulatory change project, explore the potential to add the requirement that for night visual flight rules the determination of visibility must also include the ability to see a defined natural horizon. This will in effect address the root cause of the matters outlined in the … [safety issues], as pilots will need to have a discernible horizon throughout their flight.
CASA will provide additional guidance material and advisory notes in Civil Aviation Advisory Publication (CAAP) 5.13-2:
o distinguishing the difference between NVFR / IFR and instrument conditions;
o including Certification standards for instrument and non-instrument rotorcraft; and
o emphasising the authority given by a NVFR rating.
The proposed changes project will be subject to CASA’s normal consultation requirements.
and the atsb response:
ATSB comment/action in response:
The ATSB welcomes the intent of the action proposed by CASA in response to this safety issue. In particular, the ATSB agrees that expanding what is meant by the term ‘visibility’ at night to include the requirement for a visual horizon will help ensure that pilots operating under the night VFR will have sufficient visual cues. However, given the importance of the safety issue, the ATSB is concerned about the indefinite nature of the proposed evaluation and other exploratory activities.
As a result, the ATSB has issued the following safety recommendation.
ATSB safety recommendation to: the Civil Aviation Safety Authority
Action number: AO-2011-102-SR-59
Action status: Safety action pending
The Australian Transport Safety Bureau recommends that the Civil Aviation Safety Authority prioritise its efforts to address the safety risk associated with aerial work and private flights as permitted under the visual flight rules in dark night conditions, which are effectively the same as instrument meteorological conditions, but without sufficient requirements for proficiency checks and recent experience to enable flight solely by reference to the flight instruments.
AND further:
Requirements for autopilots in dark night conditions Number: AO-2011-102-SI-03
Issue owner: Civil Aviation Safety Authority
Operation affected: Aviation – All general aviation helicopter operations
Who it affects: All helicopters operating under the night VFR
Safety issue description:
Helicopter flights were permitted under the visual flight rules in dark night conditions, which are effectively the same as instrument meteorological conditions, but without the same requirements for autopilots and similar systems that are in place for conducting flights under the instrument flight rules.
Response to safety issue by: the Civil Aviation Safety Authority
On 18 October 2013, the Civil Aviation Safety Authority (CASA) advised that it would work towards promulgating Part 133 (Australian air transport operations – rotorcraft) of the Civil Aviation Safety Regulations 1998, which will include the following regulation:
(1) This regulation applies if:
(a) the flight is a VFR flight at night; and
(b) a passenger is carried in the flight; and
(c) the rotorcraft is not carrying a 2-pilot crew each of whom is authorised under [Part 61] to conduct an IFR flight in a rotorcraft.
(2) The operator and the pilot in command each commit an offence if, when the rotorcraft begins the flight, the rotorcraft is not fitted with an autopilot.
In addition, as previously stated, CASA advised of further action proposed to address safety issue AO-2011-102-SI-02.
This included:
CASA will clarify the definition of visibility as outlined in CAR [Civil Aviation Regulation] 2 to ensure the primary coincident safety issue above is dealt with. CAR 2 defines visibility as the “ability, as determined by atmospheric conditions and expressed in units of distance, to see and identify prominent unlighted objects by day and prominent lighted objects by night”.
CASA will, via regulatory change project, explore the potential to add the requirement that for night visual flight rules the determination of visibility must also include the ability to see a defined natural horizon. This will in effect address the root cause of the matters outlined in the … [safety issues], as pilots will need to have a discernible horizon throughout their flight.
Subsequently, CASA advised on 30 October 2013 that Part 133 is planned to be made (or become law) in the last quarter of calendar year 2013 or first quarter of 2014 and come into effect from the first quarter of 2015. This will align with the normal Aeronautical Information Regulation and Control cycle for the notification of aeronautical information changes. The period between the Part being made and having effect will allow for implementation planning and education programs.
ATSB comment/action in response:
The ATSB notes that the introduction of Civil Aviation Safety Regulation (CASR) 133.571 will require all air transport flights in helicopters with passengers at night to be in helicopters equipped with an autopilot or with a two-pilot crew. This extends the range of operations required to have such risk controls. Although it does not directly address the situation for other helicopter operations, effective risk controls for such operations will be potentially addressed in any safety action taken by CASA to address the safety recommendation AO-2011-102-SR-59.
The ATSB will monitor the progress of that safety action.