428 

14 CFR Ch. I (1–1–19 Edition) 

§ 135.128 

§ 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: 

(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; 

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