Commonwealth Numbered Regulations

1988 NO. 158 CIVIL AVIATION REGULATIONS - REG 255

255. (1) A person shall not smoke:

   (a)  in a part of an aircraft in which a notice is permanently displayed
        indicating that smoking is prohibited at all times or without
        specifying a period during which smoking is prohibited;

   (b)  anywhere in an aircraft during take-off, landing or refuelling or
        during a period:

        (i)    in which a notice is temporarily displayed indicating that
               smoking is prohibited; or

        (ii)   which is specified in a permanently displayed notice as a
               period during which smoking is prohibited; or

   (c)  in a berth of a sleeper aircraft.
Penalty: $500.

(2) The owner or operator of an aircraft and the pilot in command shall
ensure:

   (a)  that provision is made in the aircraft by which a notice indicating
        that smoking is prohibited may be displayed during the periods when
        smoking is prohibited or, where the permission of the Authority has
        been obtained, that a notice is permanently displayed in the aircraft
        specifying the periods during which smoking is prohibited; and

   (b)  that a notice indicating that smoking is prohibited at all times or
        without specifying a period during which smoking is prohibited is
        displayed:

        (i)    in such parts of the aircraft as are specified for the purpose
               in the aircraft's certificate of airworthiness or
               flight manual; and

        (ii)   in the case of a sleeper aircraft, in each of the berths of the
               aircraft.
Penalty: $2,500.

(3) The pilot in command of an aircraft shall, except where the permission of
the Authority has been obtained under paragraph (2) (a) for the display of a
permanent notice, ensure that the notice indicating that smoking is prohibited
is displayed:

   (a)  during take-off, landing and refuelling;

   (b)  during such periods as are specified for the purpose in the aircraft's
        certificate of airworthiness or flight manual; and

   (c)  during a period in which the pilot considers that smoking should be
        prohibited in the interests of safety.
Penalty: $2,500.

(4) A notice required to be displayed in pursuance of this regulation shall be
legible and shall be displayed in a conspicuous place.