night does not affect the definition of VMC
I would argue that it does...are you legally VFR/in VMC at night with
no visible horizon...obscured by either total darkness, rain, smoke haze or a combination? There is a section of the CARs that addresses effective visibility that references glare etc. There used to be words (still?) that said "Navigate with reference to the ground or water"...that, in my view, means 'navigate' in the total sense...as in remain upright.
You might still have 5k vis and be clear of cloud but if you have no real horizon you're not in VMC you're in IMC irrespective of the other VMC qualifiers.
I think perhaps some posters are letting the word
MUST completely overpower the words
UNLESS and
do not apply if...
There are more than adequate 'outs' that a sensible pilot would very rarely be in a position where he
MUST fly 3 legs...particularly at night.
And then there is the giving way bit...in my view I have right of way over aircraft on base
once I am inside 5nm from the threshold having made the appropriate radio call at 5nm. No way do I need to 'give way' to an aircraft on base or 'any other aircraft established in the circuit' when I am on 3nm final any more than I would if I simply turned base/final as number 1 in the circuit.
Then there is good airmanship and common sense and my ultimate responsibility to myself and pax as PIC...nothing in the CARs overides my decision provided I can justify that decision.