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A pilot-in-command must not operate an aircraft under IFR without another pilot, unless—
(1) the aircraft flight manual authorises operation of the aircraft with one pilot; and
(2) the aircraft is equipped with communication equipment that can be operated by the pilot without releasing the aircraft flight controls.
A pilot-in-command must not operate an aircraft under IFR unless the aircraft carries sufficient fuel, taking into account weather reports and forecasts and weather conditions, to complete the flight to the aerodrome of intended landing and—
(1) when an alternate aerodrome is not required—
(i) for non-turbine-powered aeroplanes, fly after that for 45 minutes at holding speed at a height of 1500 feet above the aerodrome; or
(ii) for turbine-powered aeroplanes and helicopters, fly after that for 30 minutes at holding speed at a height of 1500 feet above the aerodrome.
(2) when an alternate is required by rule 91.405, fly from the aerodrome of intended landing to the alternate aerodrome and—
(i) for non-turbine-powered aeroplanes, fly after that for 45 minutes at holding speed at a height of 1500 feet above the aerodrome; or
(ii) for turbine-powered aeroplanes and helicopters, fly after that for 30 minutes at holding speed at a height of 1500 feet above the aerodrome.
(a) A pilot-in-command of an aircraft operating under IFR must list at least 1 alternate aerodrome in the flight plan unless—
(1) the aerodrome of intended landing has a standard instrument approach procedure published in the applicable AIP; and
(2) at the time of submitting the flight plan, the meteorological forecasts indicate, for at least 1 hour before and 1 hour after the estimated time of arrival at the aerodrome of intended landing, that—
(i) the ceiling at the aerodrome will be at least 1000 feet above the minimum published in the applicable AIP for the instrument procedure likely to be used; and
(ii) visibility will be at least 5 km, or 2 km more than the minimum published in the applicable AIP, whichever is the greater.
(b) A pilot-in-command of an aircraft must not list any aerodrome as an alternate on the IFR flight plan under paragraph (a) unless the meteorological forecasts at the time of submitting the flight plan indicate that, at the estimated time of arrival at the alternate aerodrome, the ceiling and visibility at that aerodrome will be at or above the following meteorological minima—
(1) if an instrument approach procedure with alternate minima has been published in the applicable AIP for the aerodrome, the specified alternate aerodrome minima for that instrument approach procedure; or
(2) for a precision approach procedure, a ceiling of 600 feet, or 200 feet above DA/DH, whichever is the higher, and a visibility of 3000 metres, or 1000 metres more than the prescribed minimum, whichever is the greater; or
(3) for a non-precision approach procedure, a ceiling of 800 feet, or 200 feet above MDA/MDH, whichever is the higher, and a visibility of 4000 metres, or 1500 metres more than the prescribed minimum, whichever is the greater; or
(4) if an instrument approach procedure has not been published in the applicable AIP for the alternate aerodrome, the ceiling and visibility minima prescribed under Part 91 Subpart D for an air operation performed under VFR for descent below the minimum altitude for IFR flight prescribed under rule 91.423.
(c) A pilot-in-command of an aircraft must not list any aerodrome as an alternate aerodrome in the IFR flight plan under paragraph (a) unless that alternate aerodrome is equipped with a secondary electric power supply for—
(1) the ground based electronic navigation aids necessary for the instrument approach procedure to be used; and
(2) aerodrome lighting for night operations.
(a) A pilot-in-command of an aircraft must—
(1) submit a flight plan to an appropriate ATS unit prior to any flight under IFR; and
(2) unless otherwise authorised by ATS, submit the flight plan at least 30 minutes prior to the beginning of the flight; and
(3) unless otherwise authorised by ATS, include the following information in the flight plan—
(i) the identification of the aircraft to be used; and
(ii) the type of aircraft to be used, and its wake turbulence category; and
(iii) the radio communications equipment, and the navigation and approach aid equipment in the aircraft to be used; and
(iv) the departure aerodrome and time of departure; and
(v) the cruising speed, altitude, and route; and
(vi) the aerodrome of destination, total EET, and any alternate aerodrome required by rule 91.405; and
(vii) any additional information required for ATS purposes; and
(viii) the fuel endurance; and
(ix) total number of persons carried in the aircraft; and
(x) emergency and survival equipment carried in the aircraft; and
(4) advise the appropriate ATS unit, as soon as possible, of any delay exceeding 30 minutes in beginning the flight or departing from any aerodrome of intended landing; and
(5) terminate the flight plan as soon as practicable on completion of any flight at an aerodrome without ATS.
(b) For the purpose of this rule, aircraft wake turbulence categories are defined in ICAO Doc 8643 as amended.
(a) A pilot-in-command of an aircraft must, when an IFR flight plan has been submitted, adhere to that flight plan or the applicable portion of the flight plan, unless—
(1) a request for change has been made and clearance obtained from an appropriate ATC unit; or
(2) an emergency situation arises which necessitates immediate action to deviate from the flight plan.
(b) A pilot-in-command of an aircraft operating under IFR must, where practicable—
(1) when on a route published in the applicable AIP, operate along the defined centre line of the route; or
(2) when on any other route, operate directly between the navigation facilities and points defining the route; or
(3) when on an area navigation route or parallel offset route, operate along the centreline of the route specified by ATS.
(c) If a deviation from a flight plan is made under paragraph (a)(2), the pilot-in-command must notify an appropriate ATS unit as soon as practicable.
A pilot-in-command of an aircraft operating under IFR, must in the event of an inadvertent departure from the current flight plan—
(1) advise an appropriate ATS unit of—
(i) any deviation from track; and
(ii) any variation of 5% or more of the true airspeed or any variation of 0.02 or more of the Mach number given in the flight plan; and
(iii) a revised ETA when the estimated ETA to the next reporting point notified to the ATS unit is found to be in error by more than two minutes; and
(2) regain track as soon as practicable.
(a) If an in-flight emergency occurs, a pilot-in-command of an aircraft must, as soon as practicable, inform the appropriate ATS unit of the information referred to in rule 92.173(c) regarding any dangerous goods on board the aircraft.
(b) The operator must, as soon as the operator is aware that an in-flight emergency has or might have occurred, inform the appropriate ATS unit of the information referred to in rule 92.173(c) regarding any dangerous goods on board the aircraft.
(a) Instrument approaches to aerodromes. When an instrument approach procedure to an aerodrome is necessary, a pilot-in-command of an aircraft operating under IFR must use a standard instrument approach procedure for the aerodrome published in the applicable AIP.
(b) Authorised DA, DH, or MDA. When the instrument approach procedure required by paragraph (a) provides for and requires the use of a DA, DH, or MDA, a pilot-in-command must use the DA, DH, or MDA that is the highest of the following—
(1) the DA, DH, or MDA prescribed by the instrument approach procedure; or
(2) the DA, DH, or MDA prescribed for the pilot-in-command; or
(3) the DA, DH, or MDA for which the aircraft is equipped.
(c) Operation below DA, DH, or MDA. Where a DA, DH, or MDA is applicable, a pilot-in-command must not operate an aircraft at any aerodrome below the MDA, or continue an instrument approach procedure below the DA or DH prescribed in paragraph (b), unless—
(1) the aircraft is continuously in a position from which a descent to a landing on the intended runway can be made at a normal rate of descent using normal manoeuvres that allows touchdown to occur within the touchdown zone of the runway of intended landing; and
(2) the flight visibility is not less than the visibility published in the applicable AIP for the instrument approach procedure being used; and
(3) except for a Category II or Category III precision approach procedure published in the applicable AIP for the aerodrome that includes any necessary visual reference requirements, at least one of the following visual references for the intended runway is distinctly visible and identifiable to the pilot—
(i) the approach lighting system; or
(ii) the threshold markings; or
(iii) the threshold lights; or
(iv) the runway-end identification lights; or
(v) the visual approach slope indicator; or
(vi) the touchdown zone or touchdown zone markings; or
(vii) the touchdown zone lights; or
(viii) the runway or runway markings; or
(ix) the runway lights.
(d) Landing. A pilot-in-command must not land an aircraft when the flight visibility is less than the visibility published in the applicable AIP for the instrument approach procedure used.
(e) Missed approach procedures. A pilot-in-command must immediately execute the missed approach procedure published in the applicable AIP if—
(1) the requirements of paragraph (c) are not met at either of the following times:
(i) when the aircraft is being operated below MDA; or
(ii) upon arrival at the missed approach point, including a DA or DH where a DA or DH is specified and its use is required, and any time after that until touchdown; or
(2) an identifiable part of the aerodrome is not distinctly visible to the pilot during a circling manoeuvre at or above MDA, unless the inability to see an identifiable part of the aerodrome results only from normal manoeuvring of the aircraft during approach.
(f) Take-off Minima. Except as provided in paragraph (g), a pilot-incommand of an aircraft must not take off from an aerodrome under IFR unless weather conditions are—
(1) at or above the weather minima for IFR take-off published in the applicable AIP for the aerodrome; or
(2) if weather minima for IFR take-off are not published in the applicable AIP for a particular aerodrome, a ceiling of at least 300 feet and more than 1500 m visibility.
(g) Reduced Take-off Minima. A pilot-in-command of an aircraft may take off under IFR at an aerodrome at a take-off minima of zero cloud ceiling and visibility at or above 800 m if—
(1) the runway to be used has centre-line marking or centre-line lighting; and
(2) the take-off weather visibility is confirmed by the pilot-incommand by observing the runway centre-line marking or centre-line lighting; and
(3) reduced take-off minima on the runway to be used are published in the applicable AIP; and
(4) any obstacles in the take-off flight path are taken into account; and
(5) if the aircraft is a 2 engine propeller-driven aeroplane, the aircraft is equipped with an operative auto-feather or auto-coarse system.
(a) A pilot-in-command of an aircraft operating under IFR using GNSS equipment must not use GNSS derived distance information if RAIM is unavailable and has been unavailable for the preceding 10 minutes.
(b) The pilot-in-command must, when using GNSS derived distance information in a position report, state the distance as a GNSS distance relative to a specified reference point that is contained in the GNSS database.
(c) The pilot-in-command must, when using GNSS derived distance information on an ILS/DME or LOC/DME instrument approach procedure, ensure —
(1) that the GNSS distance information is based on the co-ordinates of the DME that is associated with the current published instrument approach procedure; and
(2) that current data for the DME co-ordinates is permanently stored in the GNSS database.
(a) A person must not operate an aircraft performing a Category II or III precision approach procedure unless—
(1) each flight crew member has adequate knowledge of, and familiarity with, the aircraft and the procedures to be used; and
(2) the instrument panel in front of the pilot who is controlling the aircraft has appropriate instrumentation for the type of flight-control guidance system that is being used; and
(3) the RVR information for the runway in use is provided to the pilot-in-command.
(b) Except as otherwise authorised by the Director, a person must not operate an aircraft performing a Category II or III precision approach procedure unless the ground component required for the operation, and the related airborne equipment, is installed and operating.
(c) For the purpose of paragraph (d), when the precision approach procedure being used provides for and requires the use of a DH, the authorised DH must be the highest of the following—
(1) the DH prescribed by the instrument approach procedure; or
(2) the DH prescribed for the pilot-in-command; or
(3) the DH for which the aircraft is equipped.
(d) Except as otherwise authorised by the Director, a pilot of an aircraft performing a Category II or III precision approach procedure that provides for and requires the use of a DH must not continue the approach below the authorised DH unless the following conditions are met—
(1) the aircraft is in a position from which a descent to a landing on the intended runway can be made at a normal rate of descent using normal manoeuvres, and that descent rate allows touchdown to occur within the touchdown zone of the runway of intended landing; and
(2) at least one of the following visual references for the intended runway is distinctly visible and identifiable:
(i) the runway threshold:
(ii) the runway threshold markings:
(iii) the runway threshold lights:
(iv) the runway touchdown zone or touchdown zone markings:
(v) the runway touchdown zone lights.
(e) Except as otherwise authorised by the Director, a pilot of an aircraft performing a Category II or III precision approach procedure must immediately execute a missed approach procedure whenever, prior to touchdown, the requirements of paragraph (d) are not met.
(f) A pilot of an aircraft performing a Category III precision approach procedure without a DH must not land the aircraft except in accordance with the provisions of an authorisation issued by the Director.
(a) A person must not perform a Category II or III precision approach procedure in a New Zealand registered aircraft unless—
(1) there is available in the aircraft—
(i) for Category II precision approach procedures, a current Category II precision approach procedure manual approved in accordance with rule 91.419 for that aircraft; or
(ii) for Category III precision approach procedures, a current Category III precision approach procedure manual approved in accordance with rule 91.419 for that aircraft; and
(2) the Category II or III precision approach procedure is performed in accordance with the procedures, instructions, and limitations in the approved manual; and
(3) the instruments and equipment listed in the approved manual that are required for a particular Category II or III precision approach procedure have been inspected and maintained in accordance with the maintenance programme in that manual.
(b) An operator of an aircraft performing a Category II or III precision approach procedure must keep a current copy of the approved manual at its principal base of operation and must make it available for inspection upon request by the Director.
(c) The procedures manual required by paragraphs (a) and (b) may be incorporated in the operations procedures required of the holder of an air operator certificate issued under Part 119.
(a) An applicant for the approval of a Category II or III precision approach procedure manual, or an amendment to an approved Category II or III precision approach procedure manual, must submit the proposed manual or amendment to the Director.
(b) If the applicant requests an evaluation programme that requires the demonstration of a Category II or III precision approach procedure, the application must include the following—
(1) the location of the aircraft and the place where any demonstration is to be conducted; and
(2) the date any demonstration is to commence.
(c) Each Category II or III precision approach procedure manual must contain—
(1) the registration, make, and model of the aircraft to which it applies; and
(2) a maintenance programme including procedures for the—
(i) test and inspection of each instrument and item of equipment required for Category II or III precision approach procedures at 3 month intervals; and
(ii) bench testing of each instrument and item of equipment required for Category II or III precision approach procedures at 12 month intervals; and
(iii) test and inspection of each static pressure system in accordance with Part 43 at 12 month intervals; and
(iv) recording in the maintenance records the date, airport, and reasons for each discontinued Category II or III precision approach procedures because of instrument or equipment malfunction; and
(3) the procedures and instructions related to—
(i) the recognition of decision height; and
(ii) the use of runway visual range information; and
(iii) approach monitoring; and
(iv) the maximum permissible deviations of the basic ILS indicator within the decision region; and
(v) a missed approach; and
(vi) the use of airborne low approach equipment; and
(vii) the minimum altitude for the use of the autopilot; and
(viii) instrument and equipment failure warning systems; and
(ix) instrument failure; and
(x) other procedures, instructions, and limitations that may be found necessary by the Director.
(d) Notwithstanding paragraph (c)(2)(i), a functional flight test may replace each alternate inspection in which case the maintenance programme must include procedures for the completion and recording of this flight test.
(a) Except as provided in paragraph (b), a pilot-in-command operating an aircraft under IFR must not—
(1) perform a take-off in an aircraft that has—
(i) snow, ice, or frost adhering to any propeller, windscreen, or powerplant installation, or to an airspeed, altimeter, rate of climb, or flight attitude instrument system; or
(ii) snow, ice, or frost adhering to the wings, stabilisers, or control surfaces; and
(2) fly an aircraft into known or forecast icing conditions unless the aircraft is certificated with ice protection equipment for flight in the type of known icing conditions.
(b) A pilot-in-command may perform a take-off in an aircraft that has snow, ice, or frost, adhering to the aircraft if the take-off is performed in accordance with the aircraft flight manual, or instructions and data provided by the aircraft manufacturer, for take-off in such conditions.
(c) If weather reports and briefing information immediately prior to the flight indicate to the pilot-in-command that the forecast icing conditions that would otherwise prohibit the flight will not be encountered during the flight because of changed weather conditions, the restrictions in paragraph (a)(2) based on forecast conditions do not apply.
Except when necessary for take-off or landing, a pilot-in-command must not operate an aircraft under IFR below—
(1) the applicable minimum altitudes published in the applicable AIP; or
(2) if an applicable minimum altitude is not published in the applicable AIP—
(i) for operations over a mountainous zone designated under Part 71 or applicable AIP, a height of 2000 feet above the highest obstacle within a horizontal radius of 5 NM from the position of the aircraft; or
(ii) a height of 1000 feet above the highest obstacle within a horizontal radius of 5 NM from the position of the aircraft.
(a) A pilot-in-command of an aircraft within the New Zealand FIR operating under IFR in level cruising flight must, unless otherwise authorised by an ATC unit for flights in controlled airspace, maintain the following altitude or flight levels:
(1) when operating at or below 13 000 feet AMSL and—
(i) on a magnetic track of 270° clockwise to 089°, any odd thousand foot altitude AMSL; or
(ii) on a magnetic track of 090° clockwise to 269°, any even thousand foot altitude AMSL:
(2) when operating at or above flight level 150 up to and including flight level 410 and—
(i) on a magnetic track of 270° clockwise to 089°, any odd flight level beginning at and including flight level 150; or
(ii) on a magnetic track of 090° clockwise to 269°, any even flight level beginning at and including flight level 160:
(3) when operating above flight level 410 and—
(i) on a magnetic track of 270° clockwise to 089°, any odd flight level, at 4000 foot intervals beginning at and including flight level 450; or
(ii) on a magnetic track of 090° clockwise to 269°, any odd flight level at 4000 foot intervals beginning at and including flight level 430.
(b) Except as provided in paragraph (c), a pilot-in-command of an aircraft within the New Zealand FIR operating under IFR must not maintain level cruising flight—
(1) at any level between 13 000 feet AMSL and flight level 150, unless authorised to do so by an ATC unit for flights in controlled airspace; and
(2) at any flight level below flight level 160 when the area QNH zone setting is 980 hPa or less; and
(3) below flight level 160 when operating in IMC within a 20 NM radius encompassing Aoraki/Mount Cook centred on S 43.36.00.0, E 170.09.00.0.
(c) A pilot-in-command of an aircraft within the New Zealand FIR operating under IFR outside controlled airspace may maintain level cruising flight between 13 000 feet AMSL and flight level 150 if the pilot-in-command—
(1) is unable to operate the aircraft in level cruising flight at or below 13 000 feet AMSL or at or above flight level 150; and
(2) has established that there is no conflict with other aircraft at the altitude to be flown; and
(3) has given to the relevant ATS unit prior notification of the altitude to be flown.
(a) Subject to paragraph (b), a pilot-in-command of an aircraft operating within the New Zealand flight information region under IFR using GNSS equipment as a primary means navigation system is permitted random flight routing if operating—
(1) within the area of a circle 20 NM radius centred on 43°36’S 170° 09’E (Aoraki/ Mount Cook), at or above flight level 160; or
(2) in any other airspace, at or above flight level 150.
(b) A pilot-in-command of an aircraft is only permitted random flight routing within controlled airspace if authorised by ATC.
(c) A pilot-in-command of an aircraft operating under IFR using GNSS equipment as a primary means navigation system is permitted random flight routing below flight level 150 if—
(1) authorised by ATC; and
(2) ATC continuously radar monitor the flight for adequate terrain clearance.
(a) A pilot-in-command of an aircraft operating under IFR must, unless otherwise authorised by ATC—
(1) maintain a continuous listening watch on the appropriate frequency; and
(2) report as soon as possible to an appropriate ATS unit—
(i) the time and altitude of passing each designated reporting point, or the reporting points or the times specified by ATC; and
(ii) any other information relating to the safety of the flight.
(b) Notwithstanding paragraph (a)(2), a pilot-in-command of an aircraft operating under IFR must, while the aircraft is under radar control, report passing those reporting points specifically requested by ATC.
(a) Unless otherwise authorised by ATC, a pilot-in-command of an aircraft that has radio communications failure when operating under IFR in VMC, or if VMC are encountered after the failure, must continue the flight under VFR and land as soon as practicable at the nearest suitable aerodrome.
(b) Unless otherwise authorised by ATC, a pilot-in-command of an aircraft that has radio communication failure when operating under IFR in IMC, or that is operating in VMC where the maintenance of such conditions is uncertain, must continue the flight in accordance with the flight plan, and;
(1) if the communication failure occurs during departure, maintain the last assigned level to the point specified then continue the flight in accordance with the flight plan;
(2) if the communication failure occurs during departure in the course of ATC radar vectoring, maintain the last assigned vector for 2 minutes while maintaining terrain clearance, then continue the flight in accordance with the flight plan;
(3) if the communication failure occurs during the en route phase of the flight—
(i) track to the destination aid or fix specified by ATC or, if not specified, to the aid or fix for the anticipated instrument approach procedure, at the last assigned level; and
(ii) if necessary at or after the estimated time of arrival or expected approach time, descend in the holding pattern then commence the instrument approach procedure;
(4) if the communication failure occurs on initial approach and the aircraft is not cleared for the approach by ATC, continue the procedure, if necessary, descending in the holding pattern to the last assigned altitude, maintaining that altitude until established on final approach then continue the instrument approach procedure;
(5) if the communication failure occurs while the aircraft is operated under ATC radar vectoring during initial or intermediate approach, maintain the last assigned altitude until the aircraft is established on final approach then continue the instrument approach procedure;
(6) if the communication failure occurs while the aircraft is being operated in a holding pattern and the weather is below instrument approach minima or the aerodrome is closed for any reason—
(i) continue in the holding pattern until the divert time notified to ATC; and
(ii) fly to the alternate aerodrome specified in the flight plan; and
(iii) conduct an instrument approach procedure to land at that aerodrome;
(7) if the communication failure occurs during the operation of the aircraft in a missed approach procedure, conduct further instrument approaches up to a period of 30 minutes past expected approach time or estimated time of arrival, whichever is the later; and if the aircraft is unable to land within that 30 minute period, proceed to an alternate aerodrome specified in the flight plan and conduct an instrument approach procedure to that aerodrome.
(a) A pilot-in-command of an aircraft operating under IFR must notify ATS as soon as practicable after a malfunction of any aeronautical telecommunication facility during flight.
(b) The notification required by paragraph (a), must include the—
(1) aircraft type; and
(2) aircraft registration and, if applicable, the flight number; and
(3) name of pilot-in-command; and
(4) name of the operator; and
(5) aircraft position and altitude; and
(6) phase of flight; and
(7) facility affected; and
(8) brief details of the malfunction; and
(9) effect on the flight.
