Commonwealth Consolidated Regulations

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Carriage of passengers with reduced mobility

             (1)  The operator and the pilot in command of a rotorcraft for a flight each contravene this subregulation if, during the flight, a passenger with reduced mobility occupies a seat where the passenger could:

                     (a)  hinder the crew in their safety duties; or

                     (b)  obstruct access to emergency equipment; or

                     (c)  hinder the evacuation of the rotorcraft in an emergency.

             (2)  Subregulation (1) does not apply in relation to a passenger with reduced mobility if:

                     (a)  the passenger is accompanied or assisted, for the flight, by a suitable person who is seated adjacent to an emergency exit; and

                     (b)  the suitable person is accompanying or assisting only that passenger for the flight; and

                     (c)  the suitable person has agreed to assist the rotorcraft's crew with the evacuation of the rotorcraft in an emergency.

             (3)  A rotorcraft operator's exposition must include procedures for informing crew members for a flight about any passenger with reduced mobility who is to be carried on the flight.

             (4)  The operator of a rotorcraft for a flight contravenes this subregulation if a procedure mentioned in subregulation (3) is not complied with for the flight.

             (5)  A person commits an offence of strict liability if the person contravenes subregulation (1) or (4).

Penalty:  50 penalty units.

Note:          A defendant bears an evidential burden in relation to the matters in subregulation (2): see subsection 13.3(3) of the Criminal Code .

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