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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