(1) The operator and pilot in command of an aircraft for a flight each contravene this subregulation if:
(a) due to the design or configuration of the aircraft, the pilot in command is unable to see all seats (and berths) on the aircraft from the pilot in command's pilot seat; and
(b) before the aircraft begins the flight, the aircraft is not fitted with a means to communicate with all passengers during all phases of the flight (including emergencies).
(2) A person commits an offence if the person contravenes subregulation (1).