1、198 14 CFR Ch. II (1111 Edition) 250.11 Transportation Statistics Director of Airlines Information. (Approved by the Office of Management and Budget under control number 21380018) Doc. No. 43872, 51 FR 30475, Aug. 27, 1986, as amended at 60 FR 66726, Dec. 26, 1995; Docket No. DOTOST019325, 73 FR 210
2、35, Apr. 18, 2008; 75 FR 41584, July 16, 2010 250.11 Public disclosure of deliberate overbooking and boarding proce-dures. (a) Every carrier shall cause to be displayed continuously in a con-spicuous public place at each desk, sta-tion and position in the United States which is in the charge of a pe
3、rson em-ployed exclusively by it, or by it joint-ly with another person, or by any agent employed by such air carrier or foreign air carrier to sell tickets to passengers, a sign located so as to be clearly visible and clearly readable to the traveling public, which shall have printed there-on the f
4、ollowing statement in boldface type at least one-fourth of an inch high: NOTICEOVERBOOKING OF FLIGHTS Airline flights may be overbooked, and there is a slight chance that a seat will not be available on a flight for which a person has a confirmed reservation. If the flight is overbooked, no one will
5、 be denied a seat until airline personnel first ask for volun-teers willing to give up their reservation in exchange for compensation of the airlines choosing. If there are not enough volunteers, the airline will deny boarding to other per-sons in accordance with its particular board-ing priority. W
6、ith few exceptions, including failure to comply with the carriers check-in deadline (carrier shall insert either of l minutes prior to each flight segment or (which are available upon request from the air carrier) here), persons denied boarding involuntarily are entitled to compensation. The complet
7、e rules for the payment of com-pensation and each airlines boarding prior-ities are available at all airport ticket counters and boarding locations. Some air-lines do not apply these consumer protec-tions to travel from some foreign countries, although other consumer protections may be available. Ch
8、eck with your airline or your travel agent. (b) Every carrier shall include with each ticket sold in the United States the notices set forth in paragraph (a) of this section, printed in at least 12-point type. The notice may be printed on a separate piece of paper, on the ticket stock, or on the tic
9、ket envelope. The last two sentences of the notice shall be printed in a type face contrasting with that of the rest of the notice. (c) It shall be the responsibility of each carrier to ensure that travel agents authorized to sell air transpor-tation for that carrier comply with the notice provision
10、s of paragraphs (a) and (b) of this section. (d) Reserved (e) Any air carrier or foreign air car-rier engaged in foreign air transpor-tation that complies fully with this part for inbound traffic to the United States need not use the last two sen-tences of the notices required by para-graph (a) of t
11、his subsection. (Approved by the Office of Management and Budget under control number 30240018) ER1306, 47 FR 52985, Nov. 24, 1982, as amend-ed by ER1392, 49 FR 40401, Oct. 16, 1984; Docket No. DOTOST019325, 73 FR 21035, Apr. 18, 2008 PART 252SMOKING ABOARD AIRCRAFT Sec. 252.1 Purpose. 252.2 Applica
12、bility. 252.3 Smoking ban: air carriers 252.5 Smoking ban: foreign air carriers. 252.7 No-smoking sections. 252.8 Extent of smoking restrictions 252.9 Ventilation systems. 252.11 Aircraft on the ground. 252.13 Small aircraft. 252.15 Cigars and pipes. 252.17 Enforcement. 252.19 Single-entity charters
13、. AUTHORITY: Pub. L 101164; 49 U.S.C. 40102, 40109, 40113, 41701, 41702, 41706, as amended by section 708 of Pub. L 106181, 41711, and 46301. CROSS REFERENCE: For smoking rules of the Federal Aviation Administration, see 14 CFR 121.317(c), 121.571(a)(1)(i), 129.29, 135.117(a)(1), and 135.127(a). SOU
14、RCE: Docket No. OST20007473, 65 FR 36775, June 9, 2000, unless otherwise noted. 252.1 Purpose. This part implements a ban on smok-ing of tobacco products on air carrier and foreign air carrier flights in sched-uled intrastate, interstate and foreign air transportation, as required by 49 USC 41706. I
15、t also addresses smoking on VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00208 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-199 Office of the Secretary
16、, DOT 252.13 charter flights. Nothing in this regula-tion shall be deemed to require air car-riers or foreign air carriers to permit the smoking of tobacco products aboard aircraft. NOTE TO 252.1: As defined in 49 U.S.C. 40102, an air carrier is a citizen of the United States undertaking to provide
17、air transportation, and a foreign air carrier is a person, not a citizen of the United States, undertaking to provide foreign air transpor-tation. 252.2 Applicability. This part applies to all operations of air carriers engaged in interstate, intrastate and foreign air transpor-tation and to foreign
18、 air carriers en-gaged in foreign air transportation, but does not apply to the on-demand serv-ices of air taxi operators. 252.3 Smoking ban: air carriers. Air carriers shall prohibit smoking on all scheduled passenger flights. 252.5 Smoking ban: foreign air car-riers. (a) Foreign air carriers shall
19、 prohibit smoking on all scheduled passenger flight segments: (1) Between points in the United States, and (2) Between the U.S. and any foreign point. (b) A foreign government objecting to the application of paragraph (a) of this section on the basis that paragraph (a) provides for extraterritorial
20、applica-tion of the laws of the United States may request and obtain a waiver of paragraph (a) from the Assistant Sec-retary of Transportation for Transpor-tation Policy, provided that an alter-native smoking prohibition resulting from bilateral negotiations is in effect. 252.7 No-smoking sections.
21、(a) Except as provided in paragraph (b) of this section, air carriers oper-ating nonstop flight segments to which 252.3 and 252.13 do not apply shall provide, at a minimum: (1) A no-smoking section for each class of service; (2) A sufficient number of seats in each no-smoking section to accommo-date
22、 all persons in that class of service who wish to be seated there; (3) Expansion of no-smoking sections to meet passenger demand; and (4) Special provisions to ensure that if a no-smoking section is placed be-tween smoking sections, the non-smoking passengers are not unreason-ably burdened. (b) On f
23、lights for which passengers may make confirmed reservations and on which seats are assigned before boarding, an air carrier need not pro-vide a seat in a no-smoking section to a passenger who has not met the car-riers requirements as to time and method of obtaining a seat on the flight, or who does
24、not have a con-firmed reservation. If a seat is avail-able in the established no-smoking sec-tion, however, an air carrier shall seat there any enplaning passenger who so requests, regardless of boarding time or reservation status. 252.8 Extent of smoking restrictions. The restrictions on smoking de
25、-scribed in 252.3 through 252.7 shall apply to all locations within the air-craft. 252.9 Ventilation systems. Air carriers shall prohibit smoking whenever the ventilation system is not fully functioning. Fully functioning for this purpose means operating so as to provide the level and quality of ven
26、-tilation specified and designed by the manufacturer for the number of per-sons currently in the passenger com-partment. 252.11 Aircraft on the ground. (a) Air carriers shall prohibit smok-ing whenever the aircraft is on the ground. (b) With respect to the restrictions on smoking described in 252.5,
27、 foreign air carriers shall prohibit smoking from the time an aircraft begins en-planing passengers until the time pas-sengers complete deplaning. 252.13 Small aircraft. Air carriers shall prohibit smoking on aircraft designed to have a pas-senger capacity of 30 or fewer seats. NOTE TO 252.13: This
28、section, like the rest of this part, does not apply to on-demand services of air taxi operators; see 252.2 in this part. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00209 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo
29、reproduction or networking permitted without license from IHS-,-,-200 14 CFR Ch. II (1111 Edition) 252.15 252.15 Cigars and pipes. Air carriers shall prohibit the smok-ing of cigars and pipes aboard aircraft. 252.17 Enforcement. Air carriers and foreign air carriers shall take such action as is nece
30、ssary to ensure that smoking by passengers or crew is not permitted in the pas-senger cabin or lavatories on no-smok-ing flight segments. Air carriers shall take such action as is necessary to en-sure that smoking by passengers or crew is not permitted in no-smoking sections or at other times or pla
31、ces where smoking is prohibited by this part, and to maintain required separa-tion of passengers in smoking and no- smoking areas. 252.19 Single-entity charters. On single-entity charters operated pursuant to 207.50 or 208.300 of this title, air carriers need not comply with the procedures of this p
32、art 252 if such a request is made by the charterer, pro-vided that each passenger on such flights is given notice of the smoking procedures for the flight at the time he or she first makes arrangements to take the flight. PART 253NOTICE OF TERMS OF CONTRACT OF CARRIAGE Sec. 253.1 Purpose. 253.2 Appl
33、icability. 253.3 Definitions. 253.4 Incorporation by reference in the con-tract of carriage. 253.5 Notice of incorporated terms. 253.6 Explanation of incorporated terms. 253.7 Direct notice of certain terms. 253.8 Qualifications to notice requirements. 253.9 Retroactive changes to contracts of carri
34、age. AUTHORITY: 49 U.S.C. 40113; 49 U.S.C. Chap-ters 401, 415 and 417. SOURCE: ER1302, 47 FR 52134, Nov. 19, 1982, unless otherwise noted. 253.1 Purpose. The purpose of this rule is to set uni-form disclosure requirements, which preempt any State requirements on the same subject, for terms incorpora
35、ted by reference into contracts of carriage for scheduled service in interstate and overseas passenger air transportation. 253.2 Applicability. This rule applies to all scheduled di-rect air carrier operations in interstate and overseas air transportation. It ap-plies to all contracts with passenger
36、s, for those operations, that incorporate terms by reference. ER1323, 48 FR 6318, Feb. 11, 1983 253.3 Definitions. Large aircraft means any aircraft de-signed to have a maximum passenger capacity of more than 60 seats. Passenger means any person who pur-chases, or who contacts a ticket office or tra
37、vel agent for the purpose of pur-chasing, or considering the purchase of, air transportation. Ticket office means station, office, or other location where tickets are sold that is under the charge of a person employed exclusively by the carrier, or by it jointly with another person. 253.4 Incorporat
38、ion by reference in the contract of carriage. (a) A ticket or other written instru-ment that embodies the contract of carriage may incorporate contract terms by reference (i.e., without stat-ing their full text), and if it does so shall contain or be accompanied by no-tice to the passenger as requir
39、ed by this part. In addition to other remedies at law, an air carrier may not claim the benefit as against the passenger of, and the passenger shall not be bound by, any contract term incorporated by reference if notice of the term has not been provided to that passenger in ac-cordance with this par
40、t. (b) Each air carrier shall make the full text of each term that it incor-porates by reference in a contract of carriage available for public inspection at each of its airport and city ticket of-fices. (c) Each air carrier shall provide free of charge by mail or other delivery service to passenger
41、s, upon their re-quest, a copy of the full text of its terms incorporated by reference in the contract. Each carrier shall keep avail-able at all times, free of charge, at all locations where its tickets are sold within the United States information VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00210 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
