Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p26
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 26/35)
Character Range: 2973880–2976610

directs.
 (2) An emergency exit is not obstructed only because a seat adjacent to the exit is occupied by a passenger.
 (3) Subregulation (1) does not apply if:
 (a) the flight is a medical transport operation; and
 (b) the emergency exit is obstructed by a stretcher fit‑out that is described or identified in a supplemental type certificate for the aeroplane.
 (4) 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 (3): see subsection 13.3(3) of the Criminal Code.

135.265  Passengers in seats adjacent to emergency exits
 (1) The operator of an aeroplane for a flight contravenes this subregulation if, during the flight, the requirement mentioned in subregulation (2) is not met.
 (2) The requirement is that the pilot in command of the aeroplane for the flight must be satisfied that each person occupying a seat adjacent to an emergency exit:
 (a) is a suitable person; or
 (b) is accompanied or assisted, for the flight, by a suitable person who can access the emergency exit.
 (3) The operator of an aeroplane for a flight contravenes this subregulation if, when the flight begins:
 (a) a suitable person is occupying a seat adjacent to an emergency exit; and
 (b) the suitable person has not agreed to assist the aeroplane's crew with the evacuation of the aeroplane in an emergency.
 (4) The operator of an aeroplane for a flight contravenes this subregulation if, when the flight begins:
 (a) a person other than a suitable person is occupying a seat adjacent to an emergency exit; and
 (b) a suitable person is, for the flight, accompanying or assisting the person; and
 (c) the suitable person has not agreed to assist the aeroplane's crew with the evacuation of the aeroplane in an emergency.
 (5) A person commits an offence of strict liability if the person contravenes subregulation (1), (3) or (4).
Penalty: 50 penalty units.

135.270  Carriage of passengers with reduced mobility
 (1) The operator and the pilot in command of an aeroplane for a flight each contravene this subregulation if, during the flight, a passenger with reduced mobility occupies a seat where the passenger could:
 (a) hinder the crew in their safety duties; or
 (b) obstruct access to emergency equipment; or
 (c) hinder the evacuation of the aeroplane in an emergency.
 (2) Subregulation (1) does not apply in relation to a passenger with reduced mobility if:
 (a) the person is accompanied or assisted, for the flight, by a suitable person who is seated adjacent to an emergency exit; and
 (b) the suitable person is accompanying or assisting only that person for the flight;