Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.570

  (1)   The pilot in command of an aircraft for a flight contravenes this subregulation   if, before doing a thing mentioned in subregulation   (2), a passenger is not directed to do the following:

  (a)   to fasten the passenger's seatbelt or shoulder harness;

  (b)   if the seat back of the seat (or berth) in which the passenger is sitting is adjustable--to ensure that the seat back is in an upright position or other position permitted by the aircraft flight manual instructions for the aircraft while the aircraft is doing a thing mentioned in subregulation   (2);

  (c)   if there are attachments to or for the seat (including a tray table or footrest)--to stow the attachments or to position them as permitted by the aircraft flight manual instructions for the aircraft while the aircraft is doing a thing mentioned in subregulation   (2).

Note:   This regulation does not apply to the operation of an aircraft if regulation   105.105 applies to the operation: see regulation   91.035.

  (2)   The things are the following:

  (a)   taxiing;

  (b)   taking off;

  (c)   landing.

  (3)   The pilot in command of an aircraft for a flight contravenes this subregulation   if:

  (a)   the pilot in command has reason to believe it is necessary, for the safety of passengers, that a passenger's seatbelt or shoulder harness is fastened; and

  (b)   the pilot in command does not direct the passenger to fasten the passenger's seatbelt or shoulder harness.

  (4)   For subregulations (1) and (3), a direction that seatbelts or shoulder harnesses are to be fastened may be given by the operation of an illuminated sign.

  (5)   A direction mentioned in paragraph   (1)(a) does not apply to a person occupying a seat (or berth) on an aircraft if:

  (a)   the person's health may suffer a detriment by being restrained by a seatbelt; and

  (b)   the pilot in command agrees that the person is otherwise safely restrained.

  (6)   A direction mentioned in paragraph   (1)(b) does not apply to a person occupying a seat (or berth) on an aircraft if:

  (a)   the person is ill or incapacitated; and

  (b)   the pilot in command agrees to the passenger not adjusting their seat (or berth); and

  (c)   the person is otherwise safely restrained and will not affect the safety of other passengers.

  (7)   A person commits an offence of strict liability if the person contravenes subregulation   (1) or (3).

Penalty:   50 penalty units.

Note:   A defendant bears an evidential burden in relation to the matters in subregulations (5) and (6): see subsection   13.3(3) of the Criminal Code .