Wearing lifejackets - how to interpret the rules

[QJB]

Hi,

Can someone with a bit of legal knowledge clarify this for me:

Taken from the CAO's 20.11

5.1.1 Aircraft shall be equipped with 1 life jacket for each occupant when the aircraft is
over water and at a distance from land:
(a) in the case of a single engine aircraft — greater than that which would allow the
aircraft to reach land with the engine inoperative; and
(b) in the case of multi-engine aircraft — greater than 50 miles.

Note 2 Except as specified in paragraph 5.1.2 below, the provisions of this paragraph need not apply to
land aircraft departing from or landing at an aerodrome in accordance with a normal navigational
procedure for departing from or landing at that aerodrome.

Now 5.1.2 refers to RPT and Charter operations being required to carry life jackets or flotation devices when departing from or landing at an aerodrome overwater:

5.1.2 Land aircraft that carry passengers and are engaged in:
(a) regular public transport operations; or
(b) charter operations;
shall be equipped with a life jacket or flotation device for each occupant on all flights
where the take-off or approach path is so disposed over water that in the event of a
mishap occurring during the departure or the arrival it is reasonably possible that the
aircraft would be forced to land onto water.

My question is about the requirement to wear life jackets over water, to which the paragraph below refers paragraph refers:

5.1.7 Where life jackets are required to be carried in accordance with subparagraph 5.1.1 (a)
each occupant shall wear a life jacket during flight over water. However, occupants of
aeroplanes need not wear life jackets during flight above 2 000 feet above the water.

So if I'm landing at an aerodrome on a single engine charter flight and the landing path is over water are all occupants required (officially at least) to wear lifejackets below 2000ft?

QJB

[Defenestrator]

No. Not required to be worn for the take-off/approach and landing. In the example you've given they are required to be worn if the aircraft is cruising below 2000'.

D

[601]

Not required to be worn for the take-off/approach and landing.

Depends what year, CASA office and/or FOI you are asking.

Over 50 years I have heard them all

We should not be in a position that we have to "interpret" Regs or Orders.

[Defenestrator]

601,

I appreciate your sentiments. However, having managed an operation where all (yep...ALL) single engine departures out of one of the bases are over water I have 100% confidence in my response above and even greater confidence in the local CASA office supporting my interpretation.

D

[Defenestrator]

ASETPA/NON-ASETPA....same same as far as life jackets go. Happy to be proven wrong though. Ref AOCH Vol 2 15.0 .

http://www.casa.gov.au/wcmswr/_asset...0r015_Vol2.pdf


D

[Defenestrator]

What altitude is the Kimberley operator cruising at?

D

[Creampuff]

Some incompetent surgery was done on 20.11 a decade or so ago, and it’s never been fixed because the ‘new’ simple regulations would be out ‘soon’.

Note 2 is the dead giveaway: The provisions of this paragraph “need not apply”. Need they not? They either apply as a matter of law, or they don’t.

Note 1 is also a manifestation of an attempt to legislate someone’s strongly held personal opinion.

If you want to make sense of those bits of 20.11:

- Ignore Notes 1 and 2.

- Ignore paragraph 5.1.7.

- Read paragraph 5.1.8 as having these opening words: “If life jackets are required to be carried in accordance with paragraph 5.1.1 or paragraph 5.1.4, each occupant of a single engine aircraft must wear a life jacket ….”

[Mr.Buzzy]

We should not be in a position that we have to "interpret" Regs or Orders.

So true!

Bbzbbzbzbzbzbzzzzzzz

[Defenestrator]

And I'm spent....

D