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:
441
Federal Aviation Administration, DOT
§ 135.128
(1) Be held by an adult who is occu-
pying an approved seat or berth, pro-
vided the child has not reached his or
her second birthday and the child does
not occupy or use any restraining de-
vice; or
(2) Notwithstanding any other re-
quirement of this chapter, occupy an
approved child restraint system fur-
nished by the certificate holder or one
of the persons described in paragraph
(a)(2)(i) of this section, provided:
(i) The child is accompanied by a par-
ent, guardian, or attendant designated
by the child’s parent or guardian to at-
tend to the safety of the child during
the flight;
(ii) Except as provided in paragraph
(a)(2)(ii)(D) of this section, the ap-
proved child restraint system bears one
or more labels as follows:
(A) Seats manufactured to U.S.
standards between January 1, 1981, and
February 25, 1985, must bear the label:
‘‘This child restraint system conforms
to all applicable Federal motor vehicle
safety standards’’;
(B) Seats manufactured to U.S.
standards on or after February 26, 1985,
must bear two labels:
(
1
) ‘‘This child restraint system con-
forms to all applicable Federal motor
vehicle safety standards’’; and
(
2
) ‘‘THIS RESTRAINT IS CER-
TIFIED FOR USE IN MOTOR VEHI-
CLES AND AIRCRAFT’’ in red let-
tering;
(C) Seats that do not qualify under
paragraphs (a)(2)(ii)(A) and (a)(2)(ii)(B)
of this section must bear a label or
markings showing:
(
1
) That the seat was approved by a
foreign government;
(
2
) That the seat was manufactured
under the standards of the United Na-
tions;
(
3
) That the seat or child restraint
device furnished by the certificate
holder was approved by the FAA
through Type Certificate or Supple-
mental Type Certificate; or
(
4
) That the seat or child restraint
device furnished by the certificate
holder, or one of the persons described
in paragraph (a)(2)(i) of this section,
was approved by the FAA in accord-
ance with § 21.8(d) of this chapter or
Technical Standard Order C–100b, or a
later version. The child restraint de-
vice manufactured by AmSafe, Inc.
(CARES, Part No. 4082) and approved
by the FAA in accordance with
§ 21.305(d) (2010 ed.) of this chapter may
continue to bear a label or markings
showing FAA approval in accordance
with § 21.305(d) (2010 ed.) of this chapter.
(D) Except as provided in
§ 135.128(a)(2)(ii)(C)(
3
) and
§ 135.128(a)(2)(ii)(C)(
4
), booster-type
child restraint systems (as defined in
Federal Motor Vehicle Safety Standard
No. 213 (49 CFR 571.213)), vest- and har-
ness-type child restraint systems, and
lap held child restraints are not ap-
proved for use in aircraft; and
(iii) The certificate holder complies
with the following requirements:
(A) The restraint system must be
properly secured to an approved for-
ward-facing seat or berth;
(B) The child must be properly se-
cured in the restraint system and must
not exceed the specified weight limit
for the restraint system; and
(C) The restraint system must bear
the appropriate label(s).
(b) Except as provided in paragraph
(b)(3) of this section, the following pro-
hibitions apply to certificate holders:
(1) Except as provided in § 135.128
(a)(2)(ii)(C)(
3
) and § 135.128
(a)(2)(ii)(C)(
4
), no certificate holder
may permit a child, in an aircraft, to
occupy a booster-type child restraint
system, a vest-type child restraint sys-
tem, a harness-type child restraint sys-
tem, or a lap held child restraint sys-
tem during take off, landing, and
movement on the surface.
(2) Except as required in paragraph
(b)(1) of this section, no certificate
holder may prohibit a child, if re-
quested by the child’s parent, guardian,
or designated attendant, from occu-
pying a child restraint system fur-
nished by the child’s parent, guardian,
or designated attendant provided:
(i) The child holds a ticket for an ap-
proved seat or berth or such seat or
berth is otherwise made available by
the certificate holder for the child’s
use;
(ii) The requirements of paragraph
(a)(2)(i) of this section are met;
(iii) The requirements of paragraph
(a)(2)(iii) of this section are met; and
(iv) The child restraint system has
one or more of the labels described in
442
14 CFR Ch. I (1–1–24 Edition)
§ 135.129
paragraphs (a)(2)(ii)(A) through
(a)(2)(ii)(C) of this section.
(3) This section does not prohibit the
certificate holder from providing child
restraint systems authorized by this
or, consistent with safe operating prac-
tices, determining the most appro-
priate passenger seat location for the
child restraint system.
[Doc. No. 26142, 57 FR 42676, Sept. 15, 1992, as
amended by Amdt. 135–62, 61 FR 28422, June
4, 1996; Amdt. 135–100, 70 FR 50907, Aug. 26,
2005; Amdt. 135–106, 71 FR 40010, July 14, 2006;
71 FR 59374, Oct. 10, 2006; Amdt. 135–130, 79 FR
28812, May 20, 2014]
§ 135.129 Exit seating.
(a)(1)
Applicability.
This section ap-
plies to all certificate holders oper-
ating under this part, except for on-de-
mand operations with aircraft having
19 or fewer passenger seats and com-
muter operations with aircraft having
9 or fewer passenger seats.
(2)
Duty to make determination of suit-
ability.
Each certificate holder shall de-
termine, to the extent necessary to
perform the applicable functions of
paragraph (d) of this section, the suit-
ability of each person it permits to oc-
cupy an exit seat. For the purpose of
this section—
(i)
Exit seat
means—
(A) Each seat having direct access to
an exit; and
(B) Each seat in a row of seats
through which passengers would have
to pass to gain access to an exit, from
the first seat inboard of the exit to the
first aisle inboard of the exit.
(ii) A passenger seat having
direct ac-
cess
means a seat from which a pas-
senger can proceed directly to the exit
without entering an aisle or passing
around an obstruction.
(3)
Persons designated to make deter-
mination.
Each certificate holder shall
make the passenger exit seating deter-
minations required by this paragraph
in a non-discriminatory manner con-
sistent with the requirements of this
section, by persons designated in the
certificate holder’s required operations
manual.
(4)
Submission of designation for ap-
proval.
Each certificate holder shall
designate the exit seats for each pas-
senger seating configuration in its fleet
in accordance with the definitions in
this paragraph and submit those des-
ignations for approval as part of the
procedures required to be submitted for
approval under paragraphs (n) and (p)
of this section.
(b) No certificate holder may seat a
person in a seat affected by this section
if the certificate holder determines
that it is likely that the person would
be unable to perform one or more of
the applicable functions listed in para-
graph (d) of this section because—
(1) The person lacks sufficient mobil-
ity, strength, or dexterity in both arms
and hands, and both legs:
(i) To reach upward, sideways, and
downward to the location of emergency
exit and exit-slide operating mecha-
nisms;
(ii) To grasp and push, pull, turn, or
otherwise manipulate those mecha-
nisms;
(iii) To push, shove, pull, or other-
wise open emergency exits;
(iv) To lift out, hold, deposit on near-
by seats, or maneuver over the
seatbacks to the next row objects the
size and weight of over-wing window
exit doors;
(v) To remove obstructions of size
and weight similar over-wing exit
doors;
(vi) To reach the emergency exit ex-
peditiously;
(vii) To maintain balance while re-
moving obstructions;
(viii) To exit expeditiously;
(ix) To stabilize an escape slide after
deployment; or
(x) To assist others in getting off an
escape slide;
(2) The person is less than 15 years of
age or lacks the capacity to perform
one or more of the applicable functions
listed in paragraph (d) of this section
without the assistance of an adult com-
panion, parent, or other relative;
(3) The person lacks the ability to
read and understand instructions re-
quired by this section and related to
emergency evacuation provided by the
certificate holder in printed or graphic
form or the ability to understand oral
crew commands.
(4) The person lacks sufficient visual
capacity to perform one or more of the
applicable functions in paragraph (d) of
this section without the assistance of