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(d) the terrain below, or in the proximity of, the route used in the
operation.
(3) An operator who is bound by a direction must not contravene it.
Penalty: 10 penalty units.
(4) A direction under subregulation (2) does not bind an operator until it is
served on the operator.
Civil Aviation Regulations 1988 343
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(5) An offence against subregulation (1) or (3) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
176 Qualification of pilot in command
(1) The pilot in command of an aircraft must not fly the aircraft under the
I.F.R. unless he or she holds:
(a) an instrument rating; or
(b) a private I.F.R. rating.
(2) Notwithstanding anything contained in this regulation, CASA may
give the pilot in command of an aircraft who does not hold an
instrument rating permission to conduct a flight under Instrument
Flight Rules on such terms as CASA may designate.
(2A) A pilot in command to whom permission has been given must not
contravene a term of the permission.
Penalty: 50 penalty units.
(3) An offence against subregulation (2A) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(4) It is a defence to a prosecution under subregulation (2A) if the
defendant had a reasonable excuse.
Note A defendant bears an evidential burden in relation to the matter in
subregulation (4) (see subsection 13.3 (3) of the Criminal Code).
176A Determination of visibility and cloud base for I.F.R. flights
(1) Subject to regulation 257, the pilot in command of an aircraft
operating under the Instrument Flight Rules is responsible for
determining the visibility and cloud base for the take-off and landing
of the aircraft.
(2) In determining visibility, the pilot in command of an aircraft must take
into account the meteorological conditions, sunglare and any other
condition that may limit his or her effective vision through the
windscreen of the cockpit of the aircraft.
(3) In determining the cloud base, the pilot in command of an aircraft
must:
(a) for take-off—take into account the current available weather
forecasts and reports; and
(b) for landing—determine the cloud base from the cockpit of the
aircraft while in flight.
177 Equipment of aircraft for I.F.R. flight
(1AA) This regulation does not apply in relation to an aircraft that is
registered in New Zealand and is operated under a New Zealand AOC
with ANZA privileges.
Replacement Page — Amdt No. 14
March 2007
344 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(1) CASA may issue instructions specifying:
(a) the radiocommunication systems; or
(b) the radio navigation systems; or
(c) the secondary surveillance radar transponder equipment; or
(d) the airborne weather radar system; or
(e) the self-contained or long-range radio navigation systems;
that must be carried on, or installed in, an aircraft before it undertakes
an I.F.R. flight.
(1A) Subject to subregulation (3), an aircraft must not be flown under the
I.F.R. unless it is equipped with:
(a) suitable flight instruments as required by CASA; and
(b) the equipment specified under subregulation (1) in relation to the
aircraft.
(1B) 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.
(1C) 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.
(2) Subject to subregulation (4), an aircraft shall not be flown under the
Instrument Flight Rules by night, unless, in addition to the equipment
referred to in subregulation (1A), it is equipped with:
(a) 2 landing lights;
(b) illumination for all instruments and equipment, used by the flight
crew, that are essential for the safe operation of the aircraft;
(c) lights in all passenger compartments;
(d) an electric torch for each crew member; and
(e) such other equipment as CASA requires in the interest of safety.
(3) In respect of an aircraft that is not equipped as referred to in
subregulation (1A), CASA may give permission, subject to such
conditions (if any) as are specified in the permission, for the aircraft to
be flown under the I.F.R.
　
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