CASA EX04/06 Exemption use of mobile phones and PDAs when loading fuel (Cth)

Instrument number CASA EX04/06

I, PATRICK STUART MURRAY, Group General Manager, Air Transport Operations Group, a delegate of CASA, make this instrument under subregulations 235 (7) and 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988).

[Signed Patrick S. Murray]

Patrick Murray
Group General Manager
Air Transport Operations Group

23 January 2006

Exemption — use of mobile phones and PDAs when loading fuel

1          Duration

            This instrument:

(a)   commences on the day after it is registered; and

(b)   stops having effect at the end of 30 June 2008.

2          Revocation

            Instrument CASA 167/05 is revoked.

3          Application

            This instrument applies to:

(a)   a turbine engine aircraft that:

             (i)  has a maximum seating capacity of 20 or more; and

            (ii)  is being refuelled; and

(b)   each of the following persons who is in, or otherwise associated with the operation of, the aircraft:

             (i)  the operator;

            (ii)  the operator’s operations personnel;

            (iii)  the crew;

           (iv)  the passengers.

4          Definitions

            In this instrument:

            fuelling zone A means the area within 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.

            fuelling zone B means the area within 3 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.

5          Exemption

A person to whom this instrument applies is exempt from compliance with subregulation 235 (7) of CAR 1988 to the extent mentioned in Schedule 1.

6          Conditions

            The exemption in clause 5 is subject to the conditions mentioned in Schedule 2.

Schedule 1          Extent of exemption

            To the extent that the following provisions of Civil Aviation Order 20.9 impose requirements in relation to the use of a mobile phone or a hand held personal digital assistant (a PDA):

(a)   sub-subparagraph 4.2.2 (a) (iii);

(b)   subparagraph 4.2.2 (b);

(c)   subparagraph 4.4.3 (b).

Schedule 2          Conditions

      1     A person may use a mobile phone or a PDA in the cabin of, or outside the cabin of, the aircraft only if the person complies with these conditions.

            Use in the cabin of the aircraft

      2     A person may use a mobile phone or a PDA in the cabin of the aircraft only if the pilot in command of the aircraft (the pilot) has given permission in accordance with clause 4.

   3    A person must not use a mobile phone or PDA if the pilot withdraws his or her permission.

   4    The pilot may only give permission if:

(a)    each aircraft door within fuelling zone A is closed; and

(b)    the aircraft operator has already ensured for the operation, or a class of operations including the operation, that:

             (i)  radio frequency emissions will not affect the aircraft’s systems; or

            (ii)  procedures are established that will correct any effect the emissions may have before the engines are started.

            Use by operations personnel outside the cabin of the aircraft

      5     Only the aircraft operator’s operations personnel (operations personnel) may use a mobile phone or a PDA outside the cabin of the aircraft.

Note An operator’s operations personnel include its loading and servicing personnel, whether employees or contractors.

      6     Operations personnel may use a mobile phone outside the cabin of the aircraft only if it is used outside fuelling zone A.

      7     Operations personnel may use a PDA that incorporates mobile phone technology outside the cabin of the aircraft only if it is used outside fuelling zone A.

      8     Operations personnel may use a PDA that does not transmit, or that only transmits using IEEE 802.11 wireless standard technology, outside the cabin of the aircraft only if it is used outside fuelling zone B.