CASA EX10/2005 Exemption refuelling with patients on board (Cth)

Exemption number EX10/2005

I, JAMES MARCOLIN, Acting General Manager, General Aviation Operations, Aviation Safety Compliance, a delegate of CASA, make this instrument under subregulation 235 (11) of the Civil Aviation Regulations 1988 (CAR 1988).

[Signed J. Marcolin]

Jim Marcolin
Acting General Manager
General Aviation Operations
Aviation Safety Compliance

8 April 2005

Exemption — refuelling with patients on board

1. Duration

This instrument:

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

(b)ceases to have effect at the end of April 2008.

1. Revocation

This instrument revokes instrument CASA 22/1997.

1. Definition

In this instrument, passenger does not include a person who is on board the aircraft for the purpose of providing medical care.

1. Application

1. This instrument applies to Australian aircraft (the aircraft), operated by the Royal Flying Doctor Service (Queensland Section) (the operator), that contain passengers being carried for the purpose of obtaining medical treatment.

1. This instrument does not apply if fuel is being loaded in accordance with paragraph 4.2.4 of section 20.9 of the Civil Aviation Orders.

1. Exemption

The aircraft are exempt from compliance with the direction under subregulation 235 (7) of CAR 1988 that is set out in paragraph 4.2.3 of section 20.9 of the Civil Aviation Orders.

1. Conditions

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

Schedule 1         Conditions

1. While the fuel is being loaded:

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

(b)no passenger may be on board the aircraft unless his or her medical condition may deteriorate if he or she leaves the aircraft.

1. Before fuel is loaded on the aircraft, the operator must ensure that any passenger on board (other than a passenger incapable of understanding the information) is told:

(a)that fuel is to be loaded; and

(b)the location of the emergency exits; and

(c)that his or her seat belt must be unfastened; and

(d)that he or she must not:

(i)smoke; or

(ii)use any electrical equipment (other than medical equipment used for treating a patient); or

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

1. The operator must ensure that every passenger on board the aircraft complies with the instructions given under paragraphs 2 (c) and (d).

1. While fuel is being loaded on the aircraft, the operator must ensure that:

(a)the cabin door is open; and

(b)the aircraft’s “fasten seat belt” signs are turned off; and

(c)passenger loading equipment, if available, is in position at the door; and

(d)the aircraft and fuelling equipment are connected to an earth point; and

(e)a cabin attendant, or a person who is on board the aircraft for the purpose of providing medical care, is on duty in the aircraft; and

(f)the pilot in command of the aircraft is in the aircraft loading area.

1. The operator must ensure that the loading stops immediately if:

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

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