91.207 Occupation of seats and wearing of restraints

• (a) A pilot-in-command of an aircraft must require each passenger to occupy a seat or berth and to fasten their safety belt, restraining belt or, if equipped, shoulder harness or single diagonal shoulder belt--
  • (1) during each take-off and landing; and
  • (2) when the aircraft is flying at a height of less than 1000 feet above the surface; and
  • (3) at other times when the pilot-in-command considers it necessary for their safety; and
  • (4) during aerobatic flight; and
  • (5) at all times in an open cockpit aircraft.
• (b) A pilot-in-command of an aircraft may permit a passenger to unfasten a shoulder harness or single diagonal shoulder belt--
  • (1) during take-off and landing; and
  • (2) when the aircraft is flying at a height of less than 1000 feet above the surface--
  if the pilot-in-command is satisfied that such action is necessary for the passenger's performance of an essential function associated with the purpose of the flight.
• (c) A pilot-in-command of an aircraft must require each passenger to place their seat in the take-off and landing configuration during take-off and landing.
• (d) Paragraphs (a)(1), (2), and (3) do not apply to a child under 4 years of age if the child--
  • (1) is held by an adult who is occupying a seat or berth, and the child is secured by a safety belt attached to the adult's safety belt; or
  • (2) occupies a seat equipped with a child restraint system, if the child does not exceed the specified weight limit for that system and is accompanied by a parent, guardian, or by an attendant designated by the child's parent or guardian to attend to the safety of the child during the flight.
• (e) Paragraph (a) does not apply to passengers carried in balloons or engaged in parachute operations.