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crew.
(2) When an aircraft is in flight, the pilot in command must ensure that all
passageways and exits to which this regulation applies are kept free
from obstruction.
Penalty: 10 penalty units.
(3) When an aircraft is in flight, the pilot in command must ensure that all
exits to which this regulation applies are fastened in a way that permits
their immediate use in an emergency.
Penalty: 25 penalty units.
(4) An offence against subregulation (2) or (3) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
Civil Aviation Regulations 1988 401
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
255 Smoking in aircraft
(1) Subject to subregulation 1A, a person must 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: 5 penalty units.
(1A) A person must not smoke in an aircraft toilet.
Penalty: 50 penalty units.
(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 CASA
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: 25 penalty units.
(3) The pilot in command of an aircraft must, if the permission of CASA
has not 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: 25 penalty units.
402 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(3A) An offence against subregulation (1), (1A), (2) or (3) is an offence of
strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(4) A notice required to be displayed in pursuance of this regulation shall
be legible and shall be displayed in a conspicuous place.
256 Intoxicated persons not to act as pilots etc. or be carried on
aircraft
(1) A person shall not, while in a state of intoxication, enter any aircraft.
Penalty: 5 penalty units.
(2) A person acting as a member of the operating crew of an aircraft, or
carried in the aircraft to act as a member of the operating crew, shall
not, while so acting or carried, be in a state in which, by reason of his
or her having consumed, used, or absorbed any alcoholic liquor, drug,
pharmaceutical or medicinal preparation or other substance, his or her
capacity so to act is impaired.
Penalty: 50 penalty units.
(3) A person shall not act as, or perform any duties or functions
preparatory to acting as, a member of the operating crew of an aircraft
if the person has, during the period of 8 hours immediately preceding
the departure of the aircraft consumed any alcoholic liquor.
Penalty: 50 penalty units.
(4) A person who is on board an aircraft as a member of the operating
crew, or as a person carried in the aircraft for the purpose of acting as
a member of the operating crew, shall not consume any alcoholic
liquor.
Penalty: 50 penalty units.
(5) A person shall not, while acting in any capacity in either air traffic
control or Flight Service, be in a state in which, by reason of his or her
having consumed, used, or absorbed any alcoholic liquor, drug,
　
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