Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.555

Seating for crew members other than flight crew members

             (1)  A crew member (other than a flight crew member) for a flight of an aircraft contravenes this subregulation if, during take-off, landing or any other period that the pilot in command directs, the crew member is not:

                     (a)  occupying the crew member's crew station; and

                     (b)  wearing, securely fastened, the seatbelts and shoulder harnesses provided at that station.

Note:          This regulation does not apply to the operation of an aircraft if regulation 138.375 applies to the operation: see regulation 91.035.

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

                     (a)  a direction is given by the pilot in command during turbulence; and

                     (b)  the crew member occupies a seat other than the crew member's crew station; and

                     (c)  the crew member is wearing, securely fastened, the seatbelts and shoulder harnesses provided at that seat.

             (3)  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 (2): see subsection 13.3(3) of the Criminal Code .



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