(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 .