Visual flight at night
The AIP of a certain country states:
“…aircraft in flight shall comply with the instrument flight rules (IFR) or visual flight rules (VFR). An aircraft operating between the hours of sunset and sunrise, irrespective of weather conditions shall comply with IFR requirements or, if in a control zone during these hours, shall require special authorisation from ATC.”
The AIP goes on to state:
“All flights within a CTR, at night or in IMC, shall be conducted in accordance with IFR or special authorisation by ATC.”
“A Special VFR flight is a VFR flight cleared by air traffic to operate within a control zone in meteorological conditions below VMC.”
If I operate an aircraft, which has the restriction on its Certificate of Airworthiness “VFR flights only”, at night in a CTR and in excellent weather, under these rules am I legal?
I can not operate ‘Special VFR’ because the flight is in meteorological conditions above VMC minima.
I can not operate IFR because I am not instrument rated and the aircraft lacks certain required equipment.
I can not operate VFR because it is between the hours of sunrise and sunset.
I am operating with “special authorisation from ATC”.
Presumably this special authorisation requires compliance with neither VFR nor IFR; or does it?
Therefore can I claim to be VFR and consequently complying with the restriction on the aircraft’s Certificate of Airworthiness?