He rich, i had this question today in my exam and i answered that it needed to be an oral warning and have the sign displayed and i got it wrong?? Any ideas. I thought we needed to brief pax then in the CARs it rambles on about signs 'may' be displayed. I dont even know the right answer. This particular question totally confuses me.
Hi Rossy,
Yeah the wording in the regs on this one are a disaster. Why they can't just come out and say it in plain english is beyond me. Anyway, the regs say you may not smoke on or near an aircraft and that a sign must be displayed at times when smoking is forbidden.
We had a discussion about oral warnings a few posts back and I reckon in real life you'd have to mention it to your passengers as part of a complete passenger briefing. The question is whether this oral warning is legislated. I don't see a reference to the requirement for oral warnings in the regs, just a requirement that a notice be displayed.
Therefore, even though you'd almost certainly tell your passengers not to smoke, the law seems to only require a sign for the times when smoking is forbidden and that would most probably be the answer they were after.
Can you remember any more specifics that might shed light on this one?
Cheers,
Rich
This is obviously a popular question in the exam database at the moment as I had it a month ago. If I recall I chose an answer that referred to No Smoking signs only and the area didn't come up on my KDR, can't remember the phrasing of the question or answers though.
Thanks Rich, i could not make any sense of it coz like it says in the cao's, under pax briefing in 20.1. para 14.1.1. a. pax need to be briefed on smoking...
Guess if i get this question again next week i'll just give the answer that says a sign only and hopefully this will suffice.
Hi Rossy,
You're right, smoking is mentioned as part of a passenger brief in CAO 20.11 para 14.1.1. The question is whether this consitutes an "oral warning". The exact wording in the CAO is that the passengers are "orally briefed before each take-off on... smoking, including the prohibition of smoking in toilets".
In legal terms, an "oral brief of passengers on smoking" does not necessarily mean you are forbidding smoking. It just means you must mention the policy on smoking - whatever that may be. Yes, it's nonsensical and this mess would appear to be a hangover of regs from the days when it was still OK to smoke in aircraft.
However as with so many questions in Air Law, the EXACT wording of the question and answer options would be the clincher on this one.
ould not agree more with that last sentence. Think thats what has brought me unstuck.
