Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 105.105

  (1)   The pilot in command of an aircraft contravenes this subregulation   if:

  (a)   the aircraft is being operated to facilitate a parachute descent; and

  (b)   a person is carried on the aircraft who is not a flight crew member; and

  (c)   the person is not provided with any of the following restraint devices:

  (i)   a seatbelt;

  (ii)   a shoulder harness;

  (iii)   a single - point or dual - point restraint that is an approved restraint device.

  (2)   The pilot in command of an aircraft contravenes this subregulation   if:

  (a)   the aircraft is being operated to facilitate a parachute descent; and

  (b)   a person is carried on the aircraft who is not a flight crew member; and

  (c)   the person:

  (i)   is provided with a restraint device mentioned in paragraph   (1)(c); but

  (ii)   is not provided with instructions for the use of the device.

  (3)   The pilot in command of an aircraft contravenes this subregulation   if:

  (a)   the aircraft is being operated to facilitate a parachute descent; and

  (b)   a person is carried on the aircraft who is not a flight crew member; and

  (c)   the person is provided with a restraint device mentioned in paragraph   (1)(c); and

  (d)   before doing any of the following, the requirement mentioned in subregulation   (4) is not met:

  (i)   taxiing;

  (ii)   taking off;

  (iii)   landing.

  (4)   The requirement is that the person must be directed to fasten the person's restraint device.

  (5)   The pilot in command of an aircraft contravenes this subregulation   if:

  (a)   the aircraft is being operated to facilitate a parachute descent; and

  (b)   a person is carried on the aircraft who is not a flight crew member; and

  (c)   the person is provided with a restraint device mentioned in paragraph   (1)(c); and

  (d)   the pilot in command has reason to believe it is necessary, for the safety of the person, that the person's restraint device is fastened; and

  (e)   the pilot in command does not direct the person to fasten the person's restraint device.

  (6)   A person commits an offence of strict liability if the person contravenes subregulation   (1), (2), (3) or (5).

Penalty:   50 penalty units.

  (7)   For the purposes of this regulation, a restraint device is an approved restraint device if it is approved by CASA under regulation   21.305.