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26.—(1) An aircraft flying outside controlled airspace at or above flight level 100 shall remain at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 8 km.
(2) (a) Subject to sub-paragraph (b), an aircraft flying outside controlled airspace below flight level 100 shall remain at least 1,500 metres horizontally and 1,000 feet vertically away from cloud and in a flight visibility of at least 5 km.
(b)Sub-paragraph (a) shall be deemed to be complied with if:
(i)the aircraft is flying at or below 3,000 feet above mean sea level and remains clear of cloud and in sight of the surface and in a flight visibility of at least 5 km;
(ii)the aircraft, other than a helicopter, is flying at or below 3,000 feet above mean sea level at a speed which according to its air speed indicator is 140 knots or less and remains clear of cloud and in sight of the surface and in a flight visibility of at least 1,500 metres; or
(iii)in the case of a helicopter the helicopter is flying at or below 3,000 feet above mean sea level at a speed, which having regard to the visibility is reasonable, and remains clear of cloud and in sight of the surface.
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