Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 91.570

Passengers--safety directions by pilot in command

             (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 .



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