Document ID: chunk:federal_register_of_legislation:F2024C01118:reg:6:p3
Version: federal_register_of_legislation:F2024C01118
Segment Type: reg
Provision Reference: reg 6 (pt 3/13)
Character Range: 91334–94120

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, the pilot in command of a Part 131 aircraft must decide if and when any of the items mentioned in subsection (3) must be worn or deployed (as applicable).
       (5) A balloon transport operator must ensure that their exposition contains the procedures to be followed by a pilot in command when meeting the requirements specified in subsections (2), (3) and (4).
       (6) In determining the following:
(a) the risks to the aircraft of a flight over water;
(b) the chances of survival in the water of persons on the aircraft in the event of the aircraft descending or ditching into the water;
        the operator and the pilot in command assume responsibility for the lives of the persons on board the aircraft.

CHAPTER 19 VISUAL FLIGHT RULES

19.01 Purpose
        For subregulation 131.367 (1), this Chapter prescribes requirements relating to the operation of a Part 131 aircraft for a VFR flight.

19.02 VFR flight requirements
       (1) The pilot in command of a Part 131 aircraft must ensure that during VFR flight, the aircraft is flown in accordance with:
(a) the VMC criteria for the airspace in which the flight is conducted; or
(b) the special VFR — but only if ATC has authorised the pilot in command to so conduct the flight.
       (2) When navigating by visual reference to the ground or water, the pilot in command must, at intervals of not more than 30 minutes, positively fix the aircraft's position by visual reference to features marked on topographical maps or charts.
       (3) For subsection (2), when navigating by visual reference over the sea, visual reference features may include rocks, reefs and fixed man-made objects that are:
(a) marked on topographical charts appropriate for the flight; and
(b) readily identifiable from the air.
       (4) The pilot in command of a Part 131 aircraft conducting a flight at night under the VFR must:
(a) for a balloon transport operation:
           (i) not take off earlier than 1 hour before first light; and
           (ii) plan to land the aircraft after first light; and
           (iii) ensure that the aircraft does not land at night other than in an emergency; and
(b) for a flight that is not a balloon transport operation:
           (i) plan not to land the aircraft at night; and
           (ii) ensure that the aircraft does not land at night other than in an emergency or as a precautionary manoeuvre.
       (5) In this section:
precautionary manoeuvre means to land at night when to proceed with