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Old 27th Aug 2018, 06:27
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LeadSled
 
Join Date: Jul 2001
Location: Australia
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Originally Posted by Charlie Foxtrot India
LeadSled, AIP ENR 1.2 para 1.1.2 b refers.
CFI,
I am well aware of that, that or something similar, has been in the AIP for longer than I have had an Australian license. And that is quite a while.

My point was, does it have a head of power. At this stage, I haven't recently looked into the CAR, or the draft CASR Part 91.

The ICAO "VFR" has no such restriction.

It is a pre-flight requirement only, once you are airborne it is not applicable, "daylight VMC/VFR" extends to last light.

Twice now, flying aircraft that are strictly certified "daylight VMC only" I have had to do some night flying, on each occasion the circumstances were the same, the aerodrome close due a disabled aircraft as I was on final. It was at YSBK, the only available "diversion" was YSSY, I don't think I would have been too popular arriving there in the middle of evening peak, and in any event, "legal" night flying would still be involved.

On each occasion, a CASA FOI claimed that I didn't have the 10 minute buffer, on each occasion that was shown to be clearly wrong, and if they wanted to have a go at me for flying an aircraft outside the limitations of the C.of A, my address for service was: C/ XXXXXX Legal. Wider heads must have prevailed, the threats evaporated.

Tootle pip!!

PS: The legal position of ATC "holding" is quite interesting, but that is for another day, as AsA can vary that at will.
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