(1) The pilot in command of an aircraft for a flight contravenes this subregulation if:
(a) either:
(i) the aircraft is taking off or landing; or
(ii) the pilot in command has directed that carry - on baggage be securely stowed; and
(b) an item of carry - on baggage is not:
(i) securely stowed in a place designed and approved under Part 21 (or in the case of a foreign aircraft, under the law of the aircraft's State of registry or the State of the operator) for that purpose; or
(ii) otherwise safely restrained.
Note: This regulation does not apply to the operation of an aircraft if regulation 121.265 applies to the operation: see regulation 91.035.
(2) A person commits an offence if the person contravenes subregulation (1).