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(3) An offence against subregulation (2) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
172 Flight visibility and distance from cloud
(1) The pilot in command of an aircraft must not conduct a V.F.R. flight
at a height of, or less than, 2 000 feet above ground or water if:
(a) the pilot is not able to navigate by reference to the ground or
water; and
(b) CASA has not directed that the flight may be conducted at a
height of 2 000 feet or less.
Penalty: 50 penalty units.
(2) Subject to subregulation (4), the pilot in command must not conduct a
V.F.R. flight if:
(a) the flight visibility during that flight is not equal to or greater
than the applicable distance determined by CASA; and
(b) the vertical and horizontal distances from cloud are not equal to
or greater than the applicable distances determined by CASA.
Penalty: 50 penalty units.
(2AA) An offence against subregulation (1) or (2) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(2A) CASA may determine applicable distances for the purposes of
subregulation (2).
(2B) CASA must notify the distances determined under subregulation (2A)
in AIP or NOTAMS.
Replacement Page — Amdt No. 11
November 2005
Civil Aviation Regulations 1988 337
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(3) When determining applicable distances, CASA may do so by
reference to a class of airspace.
(4) In spite of subregulation (2), the pilot in command of an aircraft may
conduct a special V.F.R. flight if:
(a) air traffic control gives permission for the flight; and
(b) the flight is conducted in accordance with any conditions to
which the permission is subject.
(5) In this regulation:
special V.F.R. flight means a V.F.R. flight:
(a) conducted in a control zone; or
(b) conducted in a control area next to a control zone for the purpose
of entering or leaving the zone;
when the flight visibility or distances from cloud are less than the
applicable distances determined under subregulation (2).
173 Cruising level to be appropriate to magnetic track
(1) When a V.F.R. flight is conducted at a height of 5,000 feet or more
above mean sea level, the pilot in command must, subject to any
contrary air traffic control instructions, ensure that the cruising level of
the aircraft is appropriate to its magnetic track.
Penalty: 25 penalty units.
(2) When a V.F.R. flight is conducted at a height less than 5,000 feet
above mean sea level, the pilot in command must, subject to any
contrary air traffic control instructions, ensure that the cruising level of
the aircraft is, whenever practicable, appropriate to its magnetic track.
Penalty: 25 penalty units.
(2A) CASA must notify in AIP or NOTAMS the cruising levels appropriate
to an aircraft’s magnetic track.
(3) The pilot in command of an aircraft must not conduct a V.F.R. flight
at a height above flight level 200 if the pilot does not have CASA’s
approval to conduct the flight at a height above that level.
Penalty: 25 penalty units.
(4) An offence against subregulation (1), (2) or (3) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
174 Determination of visibility for V.F.R. flights
(1) Flight visibility shall be determined by the pilot in command from the
cockpit of the aircraft while in flight.
(3) Subject to regulation 257, the pilot in command of an aircraft
operating under the Visual Flight Rules is responsible for determining
the visibility for the take-off and landing of the aircraft.
Replacement Page — Amdt No. 14
March 2007
338 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(4) In determining visibility for the purposes of this regulation, the pilot in
command shall take into account the meteorological conditions,
sunglare and any other condition that may limit his or her effective
vision through his or her windscreen.
174A Equipment of aircraft for V.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.
(1) CASA may issue instructions specifying:
(a) the radiocommunication systems; or
(b) the radio navigation systems; or
(c) the secondary surveillance radar transponder equipment;
that must be carried on, or installed in, an aircraft before it undertakes
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