CASA 167/05 Direction Use of mobile telephones and hand held personal data assistants during refuelling (Cth)

Instrument number CASA 167/05

I ARTHUR JOHN WHITE, Acting Executive Manager, Aviation Safety Compliance, a delegate of CASA, make this instrument under subregulation 235 (7) of the Civil Aviation Regulations 1988 (CAR 1988).

[Signed Arthur J. White]

Arthur J White
Acting Executive Manager
Aviation Safety Compliance

16 May 2005

Direction — Use of mobile telephones and hand held personal data assistants during refuelling

1          Duration

          This instrument:

(a)   commences on the day after it is registered on the Federal Register of Legislative Instruments; and

(b)   stops having effect at the end of June 2008.

2          Revocation

          CASA 501/02 is revoked.

3          Definition

          In this instrument:

          fuelling zone means the area within at least 6 metres radially from:

(a)   the filling and venting points; and

(b)   the fuelling equipment; and

(c)   if applicable, the hydrant valve in use for fuelling.

4          Application

          This instrument applies to the use of mobile telephones and hand held personal data assistants (PDAs) in the cabin of a turbine engine aircraft with a maximum seating capacity of 20 or more while refuelling is taking place in the fuelling zone.

5          Direction

   (1)       Mobile telephones and hand held PDAs may be used in the cabin of a turbine engine aircraft with a maximum seating capacity of 20 or more while refuelling is taking place in the refuelling zone.

   (2)       This instrument affects the operation of sub-subparagraph 4.2.2 (a) (iii) and subparagraph 4.2.2 (b) and 4.4.3 (b) of section 20.9 of the Civil Aviation Orders.

6          Conditions

         The direction is subject to the conditions mentioned in Schedule 1.

Schedule 1          Conditions

1       A person may use a mobile telephone or hand held PDA in the cabin of the aircraft if the pilot in command has given permission for the use of mobile telephones and hand held PDAs.

2       A person must not continue to use a mobile telephone or a hand held PDA if the pilot in command withdraws his or her permission.

3       The pilot in command of the aircraft may give permission for a person to operate a mobile telephone or hand held PDA during aircraft fuelling only if:

(a)    all aircraft doors within the fuelling zone are closed; and

(b)    the operator of the aircraft has ensured, in relation to that operation, or a class of operations including that operation:

       (i)  that radio frequency emissions will not affect aircraft systems on the aircraft; or

      (ii)  that procedures are in place to correct, before engine start, any effect that the emissions may have; and

(c)   the aircraft has:

       (i)  established procedures for the use of mobile telephones or hand held PDAs in the cabin of the aircraft; and

(ii) included those procedures, in accordance with directions issued under subregulation 215 (3) of CAR 1988, in the operations manual for the flight or class of flight.

6       The pilot in command of the aircraft must not permit a person to operate a mobile telephone or hand held PDA if a propulsive engine of the aircraft is running.