Originally Posted by
Traffic_Is_Er_Was
I don't think there is any. It seems under the CASR it is a pilot responsibility to assess the operation and to conduct it safely, and availability and/or use of lights is just one thing to consider (or so they advise in
AC 91-02)
Should CASA disagree, it would be either they prove it wasn't, or the pilot prove it was. Any bets on the way that discussion will end?
Agreed, there is no legislation directly requiring it. However,
Part 91 Acceptable Means of Compliance contains CASA’s thoughts on the matter, and that will be the benchmark that would be brought forward in a court of law. If lighting doesn’t meet those standards, the onus falls on the PIC to prove that it is safe. I believe that there is a very good chance that you would be found to be in breach of CASR 91.410 Use of Aerodromes and CASR 91.055 Aircraft not to be operated in manner that creates a hazard, both of which are strict liability offences attracting a penalty of up to 50 penalty units each, particularly if an accident has occurred which lighting (or lack there of) was found to have even indirectly contributed to the accident.