Document ID: chunk:federal_register_of_legislation:F2024C01118:reg:6:p2
Version: federal_register_of_legislation:F2024C01118
Segment Type: reg
Provision Reference: reg 6 (pt 2/13)
Character Range: 88902–91634

Note   The potential for exposure to injury includes the chances of survival in the water of the persons on board the aircraft in the event of the aircraft descending, or ditching, into the water. A person's chances of survival may be affected by their swimming and other physical abilities.
(b) the surface condition of the area of water, including the wave height, wind conditions and swell;
(c) the water temperature and air temperatures;
(d) the distance the Part 131 aircraft would be, at any time while over the water, from land that was suitable for a landing;
(e) the availability of SAR facilities, and the time it would likely take for a successful SAR operation to be completed;
(f) the emergency and survival equipment carried on the aircraft.

18.03 Requirements for Part 131 aircraft flights over water
       (1) This section applies to the flight of a Part 131 aircraft:
(a) if it is planned to fly the aircraft over water where, in the event of an emergency, a landing or ditching in the water may occur; or
(b) if the planned flight is in an area, or under circumstances, in which:
           (i) there is a reasonable possibility that the aircraft may unintentionally fly over water; and
           (ii) in the event of an emergency, a landing or ditching in the water may occur.
Note   Water would include, for example, the sea, a lake, a bay or an estuary.
       (2) Before take-off, the pilot in command of a Part 131 aircraft must use the risk considerations to identify the risks to survival of persons carried on board in the event of ditching.
Note   Pilots in command have responsibility for the safety of persons on board an aircraft: see regulation 91.215 of CASR. Operators holding an AOC must at all times take all reasonable steps to ensure that every activity covered by the AOC, and everything done in connection with such an activity, is done with a reasonable degree of care and diligence: see subsection 28BE (1) of the Civil Aviation Act 1988.
       (3) Based on the risks identified under subsection (2), the pilot in command of a Part 131 aircraft must decide whether to carry any or none of the following:
(a) a life jacket or equivalent flotation device for each person on board the aircraft;
(b) an emergency locator transmitter;
(c) signalling equipment for making distress signals;
(d) other emergency equipment.
Note 1   Examples of other emergency equipment include personal locator transmitters, warm or waterproof clothing, food and drink, lighting equipment.
Note 2   Division 26.7 contains requirements that apply to emergency locator transmitters, and Division 26.9 contains requirements that apply to life jackets.
       (4) Based on operational circumstances during a flight,