Commonwealth Numbered Regulations

1988 NO. 158 CIVIL AVIATION REGULATIONS - REG 173

173. (1) A V.F.R. flight shall not be conducted at a height of 5,000 feet
above mean sea level or between that height and flight level 200 unless:

   (a)  the flight visibility is equal to or greater than 8 kilometres;

   (b)  the aircraft is flown at a distance equal to or greater than 2,000
        metres horizontally and 1,000 feet vertically from cloud; and

   (c)  when at cruising level, the aircraft is flown at a cruising level
        appropriate to its magnetic track as notified by the Authority in
        Aeronautical Information Publications or in NOTAMS.

(2) Notwithstanding the requirements of subregulation (1), where:

   (a)  a flight condition is encountered that prevents an aircraft from
        flying at the appropriate cruising level; and

   (b)  the pilot in command notifies Air Traffic Control of the height at
        which he or she is flying and of all subsequent changes of that
        height; a V.F.R. flight may be conducted at a cruising level other
        than one that is appropriate to its magnetic track.

(3) Unless the Authority otherwise approves, a V.F.R. flight shall not be
conducted at a height above flight level 200.