Hi,

I’m using the instrument rating study guide - in several places it says that the requirement to “survive the failure of an airborne aid” applies to IFR Part 135 flights. No problem there.

CIR revision questions, set 5, question 9, refers to a Part 135 NVFR flight to a destination for which there is no alternate available, and asks for the minimum aids at the destination.

The answer states only one tracking aid, and “air transport makes no difference because you are no longer operating to the IFR procedures”.

Why does Part 135 MOS 11.09 (5) not apply to Part 135 NVFR flights? I can’t see any mention of IFR only in that section…

11.09 (2), which gives the minimum aids on board to start the NVFR flight, specifically says, “without limiting the requirements under subsections (5) and (6)”. This seems to indicate (5) applies to NVFR.

Thank you

G'day Mal

Please see 11.09 (2)

There is no such thing as a NGT VFR approach. All NGT VFR approaches are visual approaches by definition. The only requirement is that you must be able to find the destination. You need only one tracking aid. If the TAF says that the VFR alternate minima apply it's reasonable to assume that a visual approach will be available.

Thanks. I quoted 11.09 (2). I'll bold the important bit:

(2) Without limiting the requirements under subsections (5) and (6), an aeroplane for
a VFR flight at night must be fitted with:
(a) an approved GNSS; or
(b) an ADF or VOR.

It specifically says it does not limit the requirements in (5) and (6).

(5) requires the fitted equipment to cater for the failure of navigation equipment at any stage so that the aeroplane can navigate in accordance with the operational flight plan i.e., navigate to the destination.

(5) The navigation equipment fitted to an aeroplane must be such that, in the event
of the failure of any navigation equipment at any stage of a flight, sufficient
navigation equipment remains to enable the aeroplane to navigate in accordance
with:
(a) the aeroplane’s operational flight plan; and
(b) the requirements of:
(i) ATS; and
(ii) the airspace in which the aeroplane is planned to be flown.

If there is only 1 aid (GNSS, ADF or VOR), how does a NVFR Part 135 flight satisfy 11.09 (5), which is not limited by (2)?

IALs are irrelevant to NVFR, this is understood. Regardless of whether a visual approach is planned or not, the aeroplane still must be able to navigate to the destination following a failure of navigation equipment under 11.09 (5).

Nothing mentioned so far is a convincing argument as to why 11.09 (5) doesn't apply to NVFR

Paragraph (2) says that an aeroplane for a VFR flight at night must be fitted with
(a) AN approved GNSS OR
(b) AN ADF OR VOR
That seems to clearly imply that at least ONE aid is required specifically for a VFR flight at night.

Paragraph (5) says in all other cases except VFR at night, a flight conducted under Part 135 must be able to continue the planned flight after the failure of a navigation aid. That is not limited by (2), which applies only to VFR at night.

If you are VFR by day, you don't need any navigation aid at all, even if you are air transport.