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