[Code of Federal Regulations]
[Title 14, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR135.127]

[Page 667-668]
 
                     TITLE 14--AERONAUTICSAND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT--Table of Contents
 
                      Subpart B--Flight Operations
 
Sec. 135.127  Passenger information requirements and smoking prohibitions.

    (a) No person may conduct a scheduled flight on which smoking is 
prohibited 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 Sec. 25.1541 of this 
chapter are posted during 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 passenger compartment), 
except in any of the following situations:
    (i) During aircraft movement on the surface or during takeoff or 
landing;
    (ii) During scheduled passenger-carrying public charter operations 
conducted under part 380 of this title;
    (iii) During on-demand operations conducted interstate that meet 
paragraph (2) of the definition ``On-demand operation'' in Sec. 119.3 of 
this chapter, unless 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 agreement.
    (2) Certain intrastate commuter operations 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 definition of ``On-demand operation'' in Sec. 119.3 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.

[[Page 668]]

    (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 Sec. 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 Sec. 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]