As I have
posted before:
If neither Parliament nor CASA (acting on powers given by Parliament) say it's illegal then there is no offence. To be legal something doesn't have to be deemed licit, it simply cannot be prohibited...
...If you ever expect CASA to impose a restriction on you and they don't, do yourself a favour and DON'T ASK them why. Take the freedom and run!
OK so here goes:
Has Parliament (Act or Regs) said an Instrument Rating is reqd? No:
The Act only mentions that CASA may make restrictions (
CAA 20AB; notice how use of the word licence here is used in a rather broad manner)
The Regs stipulate:
- that a "flight crew rating" is required for flying at Night under the VFR (CAR Part 5 5.01 (2)(d).
- If CASA wishes to set out a condition on a Rating it must do so in writing, in one's logbook or by CAO (CAR 5.16 and 5.18)
- a pilot may carry out an activity which requires a Rating if the pilot holds that Rating
- (As captsumday pointed out) in no uncertain terms a restriction on single-engine flights (those not PVT, AWK, non PAX CHTR etc) prohibiting NVFR CAR 174B (2) and then simply stops short of any further restrictions
Has CASA (who HAVE been given the authority to do so) said no NVFR CHTR without an Instrument Rating? Not very well:
Under
CAR 5.18 CASA has been given the following authority:
5.18 Flight crew rating: authority and flight tests
CASA may give directions in Civil Aviation Orders setting out:
(a) the authority given by a flight crew rating, or grade of flight crew
rating; and
(b) the limitations on that authority; and
(c) the flight tests that must be passed, or any other requirement that
must be satisfied, before that authority may be exercised.
CASA has not directly placed any such restriction on multi NVFR for pilots with no IR or if they have they have chosen a pretty lame way of doing it. At first glance it seems straight forward.
CAO 40.2.2 para 8 reads:
8 AUTHORITY GIVEN BY RATING
8.1 For the purposes of regulation
5.18:
(a) the authority given by each grade of night V.F.R. rating, other than a balloon grade of night V.F.R. rating; and
(b) the limitations on that authority; and
(c) the flight tests that must be passed and other requirements that must be satisfied before that authority may be exercised;
are set out in subsection 9, and in
subsection 3 of Appendix I.
Subsection 9 (not of an appendix) is only about recent experience but
subsection 3 of Appendix I reads:
3 AUTHORITY GIVEN BY RATING
3.1 Subject to subsections 5 and 6, a night V.F.R. rating authorises the holder of the rating:
(a) in the case of an aeroplane grade of night V.F.R. rating — to fly as pilot in command of aeroplanes having a take-off weight not exceeding 5 700 kg on private or aerial work flights within Australia by night under the V.F.R.;
(b)...
(c)...
(d)...
(e)...
using only those aids for which his or her rating is endorsed, and in accordance with conditions specified by CASA.
Does this mean that CASA has taken up the offer of CAR 5.18 and set out some "directions" (restrictions)? Well, what they have NOT done is to specify an outright offence. There is no mention anywhere that flying charter at night in a twin an offence or that it is an offence to do it without an Instrument Rating. Ok, so they've made a positive statement about something being allowed but they haven't specifically made it exclusive.
I am now leaning towards the belief that NVFR under CAO 40.2.2 may not be allowable but I'll be putting the matter to the local CASA office in the next few days.
However in the same vein:
Now if CAO 40.2.2 doesn't allow NVFR CHTR then what does? There is only one other place and it's requirements are much more onerous than simply having a current Instrument Rating. CAO 40.2.1 (Instrument Ratings) provides for multi NVFR CHTR for MECIR holders who have (here I paste from a recent post of mine:
10 hrs X-ctry NVFR (not NIFR)(including 3 Navs of 3 hours or 300 miles each) as PIC or ICUS (no Dual) PLUS recent exp of 4 T/O and LDG within 90 days and a night flight (VFR or IFR) (of at least 100 nm or 1 hr) in the last 6 Months or a flight check at night. (
CAO 40.2.1 Para 14)
To summarise:
If simply having the NVFR Rating allows for Multi NVFR CHTR then it's a very straight forward practice of being current under CAO 40.2.2 - Night Ratings (but by very convoluded interpretation of the Orders). If a Night Rating is not sufficient then neither is simply having a current Instrument Rating, one must also have met some fairly onerous aeronautical experience requirements and be "extra recent".
I will repost after talking to CASA.
FRQ CB