Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 135.270

  (1)   The operator and the pilot in command of an aeroplane 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 aeroplane in an emergency.

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

  (a)   the person 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 person for the flight; and

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

  (3)   An aeroplane 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 an aeroplane 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 .