Section 135.128 14 CFR Ch. I (1-1-19 Edition) Section 110.2 of this chapter may authorize smoking on the flight deck (if it is physically separated from the passenger 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 Hawaii to another place in Hawaii through the airspace over a place outside Hawaii is not entirely within the same State); and (iii) The aircraft is either not turbojet-powered or the aircraft is not capable of carrying at least 30 passengers. (c) No person may smoke in any aircraft lavatory. (d) No person may operate an aircraft with a lavatory equipped with a smoke detector unless there is in that lavatory 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 lavatory. - (e) No person may tamper with, disable, or destroy any smoke detector installed in any aircraft lavatory. (f) On flight segments other than those described in paragraph (a) of this section, the - No Smoking - sign required by Section 135.177(a)(3) of this part must be turned on during any movement 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 requirements prescribed in Section 91.517 (b) and (d) of this chapter are in addition to the requirements prescribed in this section. (h) Each passenger shall comply with instructions given him or her by crewmembers regarding compliance with paragraphs (b), (c), and (e) of this section. [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] Section 135.128 Use of safety belts and child restraint systems. (a) Except as provided in this paragraph, each person on board an aircraft operated under this part shall occupy an approved seat or berth with a separate safety belt properly secured about him or her during movement on the surface, takeoff, and landing. For seaplane and float equipped rotorcraft operations during movement on the surface, the person pushing off the seaplane 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 provided 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 preceding requirements, a child may: (1) Be held by an adult who is occupying an approved seat or berth, provided the child has not reached his or her second birthday and the child does not occupy or use any restraining device; or (2) Notwithstanding any other requirement of this chapter, occupy an approved child restraint system furnished 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 parent, guardian, or attendant designated by the child-s parent or guardian to attend to the safety of the child during the flight; (ii) Except as provided in paragraph (a)(2)(ii)(D) of this section, the approved 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 conforms to all applicable Federal motor vehicle safety standards - ; and (2) - THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND AIRCRAFT - in red lettering; 428 VerDate Sep<11>2014 08:20 May 17, 2019 Jkt 247048 PO 00000 Frm 00438 Fmt 8010 Sfmt 8002 Y:\SGML\247048.XXX 247048