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427 

Federal Aviation Administration, DOT 

§ 135.127 

(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 
§ 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 

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