CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 132.155 Requirement for passenger safety briefing before boarding aircraft

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 132.155

  (1)   The operator of a limited category aircraft contravenes this subregulation   if:

  (a)   the aircraft is used to conduct an adventure flight; and

  (b)   the requirement mentioned in subregulation   (2) is not met for a passenger for the flight.

  (2)   For paragraph   (1)(b), the requirement is that, on the day of the flight, before the passenger is taken to the aircraft, the passenger must be given a briefing that:

  (a)   complies with subregulation   (4); and

  (b)   is in a language the passenger understands.

  (3)   Subregulation (1) does not apply to the operator if:

  (a)   the passenger was carried on an earlier flight of the aircraft on the same day; and

  (b)   the requirement mentioned in subregulation   (2) was met for the passenger for the earlier flight.

  (4)   For paragraph   (2)(a), the briefing must include the following:

  (a)   information comparing the safety of the aircraft with aircraft used for air transport operations, including that CASA does not require the aircraft to be operated to the same degree of safety as an aircraft used for air transport operations;

  (b)   information about the design, airworthiness and type certification of the aircraft, including that the design, manufacture and airworthiness of the aircraft are not required to meet any standard recognised by CASA;

  (c)   a statement of the risks associated with undertaking the flight;

  (d)   a statement to the effect that travel in the aircraft is done at the passenger's own risk;

  (e)   if the operator requires the passenger to wear safety equipment (other than a seat belt) during the flight--a statement that the safety equipment must be worn and information about its purpose.

Note:   For other provisions about the safety of aircraft occupants, see Division   91.D.7.

  (5)   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 .