# 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), Division (c): When so prescribed by the competent authority, VFR flights at night may be permitted under the following conditions:

Extent: E+W+S+N.I.

(1)if leaving the vicinity of an aerodrome, a flight plan shall be submitted in accordance with SERA.4001(b)(6);
(2)flights shall establish and maintain two-way radio communication on the appropriate ATS communication channel, when available;
(3)the VMC visibility and distance from cloud minima as specified in Table S5-1 shall apply except that:
(i)the ceiling shall not be less than 450 m (1 500 ft);
(ii) the reduced flight visibility provisions specified in Table S5-1(a) and (b) shall not apply;
(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
(iv) ...
(v) for mountainous area, higher VMC visibility and distance from cloud minima may be prescribed by the competent authority;
(4) ...
(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:
(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;
(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.

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Source: https://www.legislation.gov.uk/eur/2012/923/annex/section/5/division/SERA.5005/division/c (the official version)
Page: https://openlegislation.uk/eu-regulation-2012-923/annex/section-5/division-SERA.5005/division-c
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.