Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 135.260

Obstruction of emergency exits

  (1)   The operator and the pilot in command of an aeroplane for a flight each contravene this subregulation   if, at any of the following times, an emergency exit is obstructed:

  (a)   while the aeroplane is taxiing;

  (b)   while the aeroplane is taking - off;

  (c)   while the aeroplane is landing;

  (d)   any other time that the pilot in command directs.

  (2)   An emergency exit is not obstructed only because a seat adjacent to the exit is occupied by a passenger.

  (3)   Subregulation (1) does not apply if:

  (a)   the flight is a medical transport operation; and

  (b)   the emergency exit is obstructed by a stretcher fit - out that is described or identified in a supplemental type certificate for the aeroplane.

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

Penalty:   50 penalty units.

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


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