CASA EX05/09 Exemption refuelling with passengers on board (Cth)

Instrument number CASA EX05/09

I, terence farquharson, Regional Manager Western Region, General Aviation Operations Group, a delegate of CASA, make this instrument under subregulation 235 (11) of the Civil Aviation Regulations 1988 (CAR 1988).

[Signed T. Farquharson]

Terry Farquharson
Regional Manager Western Region
General Aviation Operations Group

14 January 2009

Exemption — refuelling with passengers on board

1          Duration

            This instrument:

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

(b)   stops having effect at the end of 31 January 2011.

2          Revocation

            Instrument CASA EX30/06 is revoked.

3          Application

            This instrument applies to the Royal Flying Doctor Service of Australia (Central Operations) Incorporated, Aviation Reference Number 038517 (the RFDS) when fuel is being loaded on any of the Pilatus PC-12 aircraft mentioned in Schedule 1 (the aircraft).

4          Exemption

Each aircraft is exempt from compliance with subregulation 235 (7) of CAR 1988 to the extent mentioned in Schedule 2.

5          Conditions

            The exemption is subject to conditions that, while fuel is being loaded:

(a)   no passenger may enter or leave the aircraft; and

(b)   a passenger may be on board the aircraft only if:

             (i)  his or her medical condition may deteriorate if he or she leaves the aircraft; and

            (ii)  the requirements of Schedule 3 are complied with.

6          Interpretation

            In this instrument:

            fuel does not include:

(a)   avgas; or

(b)   aviation grade turbine fuel without an anti-static additive.

            passenger does not include a person who is on board the aircraft to provide medical care.

Schedule 1          Aircraft

Item	Nationality and registration marks of Pilatus PC-12 aircraft	Serial no.
1 2 3 4 5 6 7 8 9 10 11	VH-FMC VH-FMF VH-FMP VH-FMW VH-FMZ VH-FDE VH-FDK VH-FGR VH-FGS VH-FGT VH-FDJ	109 110 122 123 138 332 466 438 440 442 861

Schedule 2          Extent of exemption

The exemption extends only to the directions under subregulation 235 (7) of CAR 1988 that are contained in paragraphs 4.2.3 and 4.2.4 of Civil Aviation Order 20.9.

Schedule 3          Requirements if a passenger is on board

      1     Before fuel is loaded, each person on board the aircraft must be told that:

(a)   fuel is to be loaded; and

(b)   his or her seat belt must not be fastened while the fuel is loaded; and

(c)   he or she must not:

             (i)  smoke; or

            (ii)  use any electrical equipment (other than medical equipment used for treating a patient, the operation of which the pilot in command has agreed will not affect the safety of passengers); or

            (iii)  do anything that might cause fuel vapours to ignite during the loading.

      2     Clause 1 does not apply to a person whose age or medical condition prevents him or her from understanding the information.

      3     The operator must ensure that the instructions given under paragraphs 1 (b) and (c) are complied with.

      4     While the fuel is loaded:

(a)   the aircraft’s cabin door must be open; and

(b)   passenger loading equipment (if any) must be in position at the door; and

(c)   the aircraft and the fuelling equipment must be connected to an earth point; and

(d)   the aircraft’s “fasten seat belt” signs (if any) must be turned off; and

(e)   the aircraft’s “no smoking” signs (if any) must be turned on; and

(f)    the aircraft’s emergency lights (if any) must be armed; and

(g)   unless conducting the refuelling, the pilot in command of the aircraft must be in the aircraft loading area.

      5     While the fuel is loaded, at least 1 of the following persons must be on duty in the aircraft:

(a)   a cabin attendant;

(b)   a person who is on board to provide medical care to a passenger.

      6       The areas outside the aircraft that would be used if the aircraft were evacuated must be kept clear while the fuel is loaded.

      7     If the fuel is loaded using an overwing system, the operator must take all reasonable precautions to reduce the fire hazard from the procedure.

      8     If the aircraft’s engine is running while the fuel is loaded, a member of the flight crew must be on duty on the flight deck.

      9     The operator must ensure that the loading of fuel stops immediately if:

(a)   fuel vapour is found inside the aircraft; or

(b)   for any reason it is not safe to continue loading fuel.

    10     The operator’s operations manual must set out:

(a)   the responsibilities of each member of the flight crew who is on duty in the aircraft while fuel is loaded; and

(b)   the procedures for complying with each of the conditions mentioned in this Schedule; and

(c)   the terms of this instrument; and

(d)   an instruction that the requirements of this instrument and the operations manual must be complied with.