Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:6:p21
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 6 (pt 21/76)
Character Range: 1887969–1890699

subregulation (1).
Penalty: 50 penalty units.

91.540  Means of passenger communication
 (1) The operator and pilot in command of an aircraft for a flight each contravene this subregulation if:
 (a) due to the design or configuration of the aircraft, the pilot in command is unable to see all seats (and berths) on the aircraft from the pilot in command's pilot seat; and
 (b) before the aircraft begins the flight, the aircraft is not fitted with a means to communicate with all passengers during all phases of the flight (including emergencies).
 (2) A person commits an offence if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.545  Seating for persons on aircraft
 (1) The operator and pilot in command of an aircraft for a flight each contravene this subregulation if:
 (a) a person is assigned a seat (or a berth) on the aircraft for the flight; and
 (b) the seat or berth is not fitted with a seatbelt or shoulder harness; and
 (c) the aircraft begins the flight.
 (2) Subregulation (1) does not apply if circumstances prescribed by the Part 91 Manual of Standards apply in relation to the carriage of the person for the flight.
 (3) 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 (2): see subsection 13.3(3) of the Criminal Code.

91.550  Seating for flight crew members
 (1) The pilot in command of an aircraft for a flight contravenes this subregulation if, during the flight, a requirement mentioned in subregulation (2) is not met.
 (2) The requirements are the following:
 (a) the flight must be conducted by at least one pilot who:
 (i) for an Australian aircraft—holds a pilot licence and is permitted under regulation 61.385 to conduct the flight; or
 (ii) for a foreign aircraft—is qualified to pilot the aircraft under the law of the aircraft's State of registry or the State of the operator;
 (b) at all times during the flight, such a pilot must occupy a pilot seat, with the seatbelt securely fastened;
 (c) during take‑off, landing or any other period that the pilot in command directs, each flight crew member required for the flight must occupy the flight crew member's crew station with the seatbelt and shoulder harness securely fastened;
 (d) when occupying a crew station on the flight deck other than a flight crew member's crew station, the flight crew member must keep the flight crew member's seatbelt securely fastened.
 (3) A person commits an offence of strict liability if the person contravenes subregulation (1).
Penalty: 50 penalty units.

91.555  Seating for crew members other than flight crew members