background image

439 

Federal Aviation Administration, DOT 

§ 135.127 

that is audible to each passenger under 
normal noise levels. 

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as 
amended by Amdt. 135–9, 51 FR 40709, Nov. 7, 
1986; Amdt. 135–25, 53 FR 12362, Apr. 13, 1988; 
Amdt. 135–44, 57 FR 42675, Sept. 15, 1992; 57 
FR 43776, Sept. 22, 1992; 69 FR 39294, June 29, 
2004; Amdt. 135–129, 79 FR 9973, Feb. 21, 2014] 

§ 135.119 Prohibition against carriage 

of weapons. 

No person may, while on board an 

aircraft being operated by a certificate 
holder, carry on or about that person a 
deadly or dangerous weapon, either 
concealed or unconcealed. This section 
does not apply to— 

(a) Officials or employees of a mu-

nicipality or a State, or of the United 
States, who are authorized to carry 
arms; or 

(b) Crewmembers and other persons 

authorized by the certificate holder to 
carry arms. 

§ 135.120 Prohibition on interference 

with crewmembers. 

No person may assault, threaten, in-

timidate, or interfere with a crew-
member in the performance of the 
crewmember’s duties aboard an air-
craft being operated under this part. 

[Doc. No. FAA–1998–4954, 64 FR 1080, Jan. 7, 
1999] 

§ 135.121 Alcoholic beverages. 

(a) No person may drink any alco-

holic beverage aboard an aircraft un-
less the certificate holder operating 
the aircraft has served that beverage. 

(b) No certificate holder may serve 

any alcoholic beverage to any person 
aboard its aircraft if that person ap-
pears to be intoxicated. 

(c) No certificate holder may allow 

any person to board any of its aircraft 
if that person appears to be intoxi-
cated. 

§ 135.122 Stowage of food, beverage, 

and passenger service equipment 

during aircraft movement on the 

surface, takeoff, and landing. 

(a) No certificate holder may move 

an aircraft on the surface, take off, or 
land when any food, beverage, or table-
ware furnished by the certificate hold-
er is located at any passenger seat. 

(b) No certificate holder may move 

an aircraft on the surface, take off, or 
land unless each food and beverage 
tray and seat back tray table is se-
cured in its stowed position. 

(c) No certificate holder may permit 

an aircraft to move on the surface, 
take off, or land unless each passenger 
serving cart is secured in its stowed po-
sition. 

(d) Each passenger shall comply with 

instructions given by a crewmember 
with regard to compliance with this 
section. 

[Doc. No. 26142, 57 FR 42675, Sept. 15, 1992] 

§ 135.123 Emergency and emergency 

evacuation duties. 

(a) Each certificate holder shall as-

sign to each required crewmember for 
each type of aircraft as appropriate, 
the necessary functions to be per-
formed in an emergency or in a situa-
tion requiring emergency evacuation. 
The certificate holder shall ensure that 
those functions can be practicably ac-
complished, and will meet any reason-
ably anticipated emergency including 
incapacitation of individual crew-
members or their inability to reach the 
passenger cabin because of shifting 
cargo in combination cargo-passenger 
aircraft. 

(b) The certificate holder shall de-

scribe in the manual required under 
§ 135.21 the functions of each category 
of required crewmembers assigned 
under paragraph (a) of this section. 

§ 135.125 Aircraft security. 

Certificate holders conducting opera-

tors conducting operations under this 
part must comply with the applicable 
security requirements in 49 CFR chap-
ter XII. 

[67 FR 8350, Feb. 22, 2002] 

§ 135.127 Passenger information re-

quirements and smoking prohibi-

tions. 

(a) No person may conduct a sched-

uled flight on which smoking is prohib-
ited by part 252 of this title unless the 
‘‘No Smoking’’ passenger information 
signs are lighted during the entire 
flight, or one or more ‘‘No Smoking’’ 
placards meeting the requirements of 

background image

440 

14 CFR Ch. I (1–1–24 Edition) 

§ 135.128 

§ 25.1541 of this chapter are posted dur-
ing the entire flight. If both the lighted 
signs and the placards are used, the 
signs must remain lighted during the 
entire flight segment. 

(b) No person may smoke while a ‘‘No 

Smoking’’ sign is lighted or while ‘‘No 
Smoking’’ placards are posted, except 
as follows: 

(1) 

On-demand operations. 

The pilot in 

command of an aircraft engaged in an 
on-demand operation may authorize 
smoking on the flight deck (if it is 
physically separated from any pas-
senger compartment), except in any of 
the following situations: 

(i) During aircraft movement on the 

surface or during takeoff or landing; 

(ii) During scheduled passenger-car-

rying public charter operations con-
ducted under part 380 of this title; 

(iii) During on-demand operations 

conducted interstate that meet para-
graph (2) of the definition ‘‘On-demand 
operation’’ in § 110.2 of this chapter, un-
less permitted under paragraph (b)(2) of 
this section; or 

(iv) During any operation where 

smoking is prohibited by part 252 of 
this title or by international agree-
ment. 

(2) 

Certain intrastate commuter oper-

ations and certain intrastate on-demand 
operations. 

Except during aircraft 

movement on the surface or during 
takeoff or landing, a pilot in command 
of an aircraft engaged in a commuter 
operation or an on-demand operation 
that meets paragraph (2) of the defini-
tion of ‘‘On-demand operation’’ in 
§ 110.2 of this chapter may authorize 
smoking on the flight deck (if it is 
physically separated from the pas-
senger compartment, if any) if— 

(i) Smoking on the flight deck is not 

otherwise prohibited by part 252 of this 
title; 

(ii) The flight is conducted entirely 

within the same State of the United 
States (a flight from one place in Ha-
waii to another place in Hawaii 
through the airspace over a place out-
side Hawaii is not entirely within the 
same State); and 

(iii) The aircraft is either not tur-

bojet-powered or the aircraft is not ca-
pable of carrying at least 30 passengers. 

(c) No person may smoke in any air-

craft lavatory. 

(d) No person may operate an aircraft 

with a lavatory equipped with a smoke 
detector unless there is in that lava-
tory a sign or placard which reads: 
‘‘Federal law provides for a penalty of 
up to $2,000 for tampering with the 
smoke detector installed in this lava-
tory.’’ 

(e) No person may tamper with, dis-

able, or destroy any smoke detector in-
stalled in any aircraft lavatory. 

(f) On flight segments other than 

those described in paragraph (a) of this 
section, the ‘‘No Smoking’’ sign re-
quired by § 135.177(a)(3) of this part 
must be turned on during any move-
ment of the aircraft on the surface, for 
each takeoff or landing, and at any 
other time considered necessary by the 
pilot in command. 

(g) The passenger information re-

quirements prescribed in § 91.517 (b) and 
(d) of this chapter are in addition to 
the requirements prescribed in this sec-
tion. 

(h) Each passenger shall comply with 

instructions given him or her by crew-
members regarding compliance with 
paragraphs (b), (c), and (e) of this sec-
tion. 

[Doc. No. 25590, 55 FR 8367, Mar. 7, 1990, as 
amended by Amdt. 135–35, 55 FR 20135, May 
15, 1990; Amdt. 135–44, 57 FR 42675, Sept. 15, 
1992; Amdt. 135–60, 61 FR 2616, Jan. 26, 1996; 
Amdt. 135–76, 65 FR 36780, June 9, 2000; Amdt. 
135–124, 76 FR 7491, Feb. 10, 2011] 

§ 135.128 Use of safety belts and child 

restraint systems. 

(a) Except as provided in this para-

graph, each person on board an aircraft 
operated under this part shall occupy 
an approved seat or berth with a sepa-
rate safety belt properly secured about 
him or her during movement on the 
surface, takeoff, and landing. For sea-
plane and float equipped rotorcraft op-
erations during movement on the sur-
face, the person pushing off the sea-
plane or rotorcraft from the dock and 
the person mooring the seaplane or 
rotorcraft at the dock are excepted 
from the preceding seating and safety 
belt requirements. A safety belt pro-
vided for the occupant of a seat may 
not be used by more than one person 
who has reached his or her second 
birthday. Notwithstanding the pre-
ceding requirements, a child may: