TSB Recommendation M17-03

In an emergency situation in which a vessel rapidly capsizes or sinks, the survival of passengers and crew often depends on the successful transmission of a distress signal to search-and-rescue (SAR) resources. Although passenger vessels are required to carry distress-alerting equipment such as very high frequency (VHF) radio transceivers, VHF radiotelephones with digital selective calling, and pyrotechnics, this equipment relies on manual activation by a crew member to initiate the distress signal.

As previous investigations have shown, crew members may not be able to manually transmit a distress signal in an emergency situation for a number of reasons:

• they may not have enough time;
• they may be preoccupied with any number of urgent tasks and not transmit a signal when the opportunity exists; or
• they may find themselves unable to access the distress-alerting device when they are able to signal distress.

In recognition of these shortcomings, some vessels are required to carry an emergency position-indication radio beacon (EPIRB) that deploys automatically when immersed in water and emits a continuous signal to alert SAR resources. An EPIRB that is programmed and registered provides SAR resources with the vessel's position and an identifier that gives the SAR controller valuable information about the vessel and the owner. As SAR resources travel to the occurrence site, the EPIRB continues to transmit its position, allowing SAR resources to home in on the location, thus substantially reducing search time and improving the probability of survival. This is a critical feature that is not available with manually activated distress equipment, such as a VHF/digital selective calling radiotelephone, which could become inaccessible or non-operational if a vessel capsizes or sinks, making it impossible for the crew to provide ongoing position information to SAR resources.

Current Canadian regulations do not require all passenger vessels to be equipped with an EPIRB. A passenger vessel such as the Leviathan II, for example, which is limited to home trade, Class III voyages, is not required to carry an EPIRB. Only those vessels engaged in voyages beyond home trade, Class III (those travelling more than 20 nautical miles from shore) are required to carry one.

The TSB has issued 2 previous recommendations following occurrences in which vessels carrying passengers were in an emergency situation but were unable to transmit a distress signal.

The first recommendation was issued as a result of an occurrence involving the charter boat 25K6527, which was overturned by a large breaking wave near Barkley Sound, British Columbia, while on a whale-watching trip in April 1992. The occurrence resulted in 2 fatalities. There was no distress call from the vessel, and rescue efforts began only after the vessel was reported as overdue by the company. Following this occurrence, the Board recommended that

The second recommendation was issued with regard to the passenger vessel True North II, which was swamped by a series of waves while operating in inland waters on 16 June 2000. The vessel took on water, downflooded, and sank in Georgian Bay, Ontario, resulting in 2 fatalities. Although the vessel was equipped with a VHF radiotelephone, the speed with which the vessel sank prevented a distress transmission. The rescue effort began only when SAR authorities were informed of the accident by a passing vessel. Following this occurrence, the Board recommended that

TC subsequently amended regulations to require all passenger vessels to be equipped with a VHF radiotelephone and for those carrying more than 6 passengers operating beyond sheltered waters to carry a VHF radiotelephone equipped with digital selective calling. The assessment of the response to these recommendations is Fully Satisfactory.

The 2013 Spring Report of the Auditor General of Canada noted that emergency beacons help identify the location of a marine incident and reduce the time for SAR crews to find survivors. It therefore made the following recommendation:

Transport Canada should consider whether requirements for the use of digital emergency beacons should be applied to additional classes of boats and airplanes.

Additionally, coroners have recommended that an EPIRB be carried following the fatalities that resulted after the swamping of the passenger vessel Ocean Thunder and the fishing vessel Brier Mist. Despite the coroner's recommendations, some passenger vessels (those travelling less than 20 nautical miles from shore) are still not required to carry EPIRBs.

In the case of the Leviathan II, it was largely due to fortunate circumstances that the crew were able to retrieve a flare from the water and use it as a distress signal, which was subsequently observed by a vessel fishing in the area; otherwise, the number of fatalities could have been greater.

In addition to the occurrence involving the Leviathan II, the TSB is aware of 11 other occurrences involving fatalities in which vessels were in distress within 20 nautical miles of shore and were unable to transmit a distress alert promptly. As a result, SAR efforts were delayed or not initiated.

At the national Canadian Marine Advisory Council meeting in April 2016, TC updated industry on the proposed Navigation Safety Regulations, which are expected to be completed by 2018. If put into effect, the revised regulations will consolidate the Ship Station (Radio) Regulations 1999, among others, and require that vessels carry EPIRBs when operating outside of sheltered waters if more than 8 m in length; when carrying more than 6 passengers; or if the vessel is a tug/tow boat.

In the meantime, passengers travelling on vessels not equipped with EPIRBs continue to be exposed to additional risk, even when the vessels operate close to the shore, and would benefit from the requirement for vessels to have a distress-alerting capability that does not rely on human intervention to be activated. Furthermore, in capsizing or sinking situations, passengers forced into the water or onto a survival craft should have the capability to continuously update SAR resources on their position, as the effects of the wind and current may cause them to drift. The proposed amendments by TC fall short of addressing the risk to passenger vessels less than 8 m carrying up to 6 passengers while operating beyond sheltered waters, as observed in the 2 occurrences in which no distress signal was received.

Therefore, the Board recommended that