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category of aircraft has been endorsed may fly an aircraft of the same
category at night under the V.F.R.:
(a) using the types of navigation aids endorsed in the pilot’s log book
for use with that rating; and
(b) subject to compliance with any conditions that CASA issues in
Civil Aviation Orders in relation to aeronautical experience and
recent experience.
(1B) CASA may give directions in Civil Aviation Orders setting out
conditions for paragraph (1A) (b).
(1C) A pilot must not contravene a direction under subregulation (1B).
Penalty: 25 penalty units.
(2) CASA may give a pilot who does not hold a licence on which a night
V.F.R. rating or a night V.F.R. agricultural rating has been endorsed
permission to fly an aircraft at night under the V.F.R. on such terms
and conditions as CASA may direct.
Penalty: 25 penalty units.
(2A) A pilot to whom permission has been given must not contravene a
term or condition of the permission.
Penalty: 25 penalty units.
(3) In this regulation, a reference to flying an aircraft includes a reference
to conducting a flight as pilot in command.
Civil Aviation Regulations 1988 341
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(4) An offence against subregulation (1), (1C) or (2A) is an offence of
strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
174D Navigation of aircraft on V.F.R. flight
(1) CASA may issue instructions in relation to V.F.R. flights specifying:
(a) the method by which an aircraft is to be navigated; or
(b) how a positive position fix for an aircraft is to be obtained; or
(c) how often a positive position fix is to be obtained.
(2) Subject to subregulation (4), the pilot in command of an aircraft must
not fly the aircraft under the V.F.R. if it is not equipped:
(a) for navigation; and
(b) to obtain positive position fixes;
in accordance with instructions issued under subregulation (1).
Penalty: 25 penalty units.
(2A) An offence against subregulation (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(3) If an instruction under subregulation (1) is not issued in the form of a
Civil Aviation Order, the instruction does not bind a person until it has
been:
(a) served on the person; or
(b) published in NOTAMS or AIP.
(3A) An instruction under subregulation (1) that is not issued in the form of
a Civil Aviation Order is a disallowable instrument for the purposes of
section 46A of the Acts Interpretation Act 1901.
(4) CASA may give permission, subject to the conditions specified in the
permission, for an aircraft to be flown under the V.F.R if the aircraft is
not equipped as required under subregulation (2).
342 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
Division 4 Instrument Flight Rules
175 I.F.R. flight
(1) A flight conducted in accordance with the provisions of this Division
is classed as a flight under the Instrument Flight Rules.
(2) Subject to subregulation (3), the pilot in command of an aircraft that is
flying in weather conditions other than V.M.C. must comply with the
I.F.R.
Penalty: 25 penalty units.
(3) Subregulation (2) does not apply to a pilot in command of an aircraft
that is flying for the purpose of landing at the nearest suitable
aerodrome under subregulation 171 (2).
(4) An offence against subregulation (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
175A Restriction on I.F.R. flights by single engine aircraft
(1) The pilot in command of a single engine aircraft must not fly the
aircraft under the I.F.R. if the flight is not in one of the following
operations:
(a) private operations;
(b) aerial work operations;
(c) charter operations that do not involve the carrying of passengers
for hire or reward;
(d) charter or regular public transport operations that involve the
carrying of passengers for hire or reward, if:
(i) the operator is approved in writing by CASA to conduct the
operations; and
(ii) the operations are conducted in a turbine powered
aeroplane approved in writing by CASA for those
operations.
Penalty: 25 penalty units.
(2) CASA may issue directions to an operator to ensure that any of the
following matters do not affect the safety of a regular public transport
operation to which paragraph (1) (d) refers:
(a) seasonal influences;
(b) the conduct of operations by night;
(c) adverse weather patterns;
　
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