{
  "url": "https://openlegislation.uk/eu-regulation-2012-923/annex/section-5/division-SERA.5005/division-c",
  "json_url": "https://openlegislation.uk/eu-regulation-2012-923/annex/section-5/division-SERA.5005/division-c.json",
  "legislation": "eur/2012/923",
  "legislation_title": "Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2012-923",
  "path": "annex/section/5/division/SERA.5005/division/c",
  "kind": "division",
  "number": "(c)",
  "heading": "When so prescribed by the competent authority, VFR flights at night may be permitted under the following conditions:",
  "text": "(1)if leaving the vicinity of an aerodrome, a flight plan shall be submitted in accordance with SERA.4001(b)(6);\n(2)flights shall establish and maintain two-way radio communication on the appropriate ATS communication channel, when available;\n(3)the VMC visibility and distance from cloud minima as specified in Table S5-1 shall apply except that:\n(i)the ceiling shall not be less than 450 m (1 500 ft);\n(ii) the reduced flight visibility provisions specified in Table S5-1(a) and (b) shall not apply;\n(iii) in airspace classes B, C, D, E, F and G, at and below 900 m ( 3 000 ft) AMSL or 300 m ( 1 000 ft) above terrain, whichever is the higher, the pilot shall maintain continuous sight of the surface; and\n(iv) ...\n(v) for mountainous area, higher VMC visibility and distance from cloud minima may be prescribed by the competent authority;\n(4) ...\n(5)except when necessary for take-off or landing, or except when specifically authorised by the competent authority, a VFR flight at night shall be flown at a level which is not below the minimum flight altitude established by the State whose territory is overflown, or, where no such minimum flight altitude has been established:\n(i)over high terrain or in mountainous areas, at a level which is at least 600 m (2 000 ft) above the highest obstacle located within 8 km of the estimated position of the aircraft;\n(ii)elsewhere than as specified in i), at a level which is at least 300 m (1 000 ft) above the highest obstacle located within 8 km of the estimated position of the aircraft.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Substituted by Commission Implementing Regulation (EU) 2016/1185 of 20 July 2016 amending Implementing Regulation (EU) No 923/2012 as regards the update and completion of the common rules of the air and operational provisions regarding services and procedures in air navigation (SERA Part C) and repealing Regulation (EC) No 730/2006 (Text with EEA relevance)."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Deleted by Commission Implementing Regulation (EU) 2016/1185 of 20 July 2016 amending Implementing Regulation (EU) No 923/2012 as regards the update and completion of the common rules of the air and operational provisions regarding services and procedures in air navigation (SERA Part C) and repealing Regulation (EC) No 730/2006 (Text with EEA relevance)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2012/923/annex/section/5/division/SERA.5005/division/c",
    "retrieved_at": "2026-11-01T14:49:10.260453+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}