CASA EX104/09 Exemption refuelling with passengers on board (Cth)

Instrument number CASA EX104/09

I, OWEN PATRICK JOHN RICHARDS, Manager, CASA Operations, General Aviation Southern Region, a delegate of CASA, make this instrument under subregulation 235 (11) of the Civil Aviation Regulations 1988 (CAR 1988).

[Signed O.P.J. Richards]

Owen Richards
Manager, CASA Operations
General Aviation Southern Region

25 November, 2009

Exemption — refuelling with passengers on board

1           Duration

This instrument:

(a)     commences on 1 December 2009; and

(b)     stops having effect at the end of 30 November 2011.

2           Application

      This instrument applies to Beechcraft BE-200 (Kingair) aircraft with the nationality and registration marks mentioned in Schedule 1 (the aircraft), operated by the Royal Flying Doctor Service of Australia (South Eastern Section), Aviation Reference Number 200045 (the operator).

3           Exemption

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

4           Conditions

The exemption is subject to the conditions mentioned in Schedule 3.

Schedule 1             Aircraft

Manufacturer/model	Nationality and registration marks	Serial number
Beechcraft BE-200 (Kingair)	VH-AMQ	BB-1813
Beechcraft BE-200 (Kingair)	VH-AMR	BB-1812
Beechcraft BE-200 (Kingair)	VH-AMS	BB-1814
Beechcraft BE-200 (Kingair)	VH-MSH	BB-1787
Beechcraft BE-200 (Kingair)	VH-MSM	BB-1464
Beechcraft BE-200 (Kingair)	VH-MSU	BL-48
Beechcraft BE-200 (Kingair)	VH-MSZ	BB-866
Beechcraft BE-200 (Kingair)	VH-MVJ	BB-1842
Beechcraft BE-200 (Kingair)	VH-MVL	BB-1333
Beechcraft BE-200 (Kingair)	VH-MVW	BB-1980
Beechcraft BE-200 (Kingair)	VH-MVX	BL-153
Beechcraft BE-200 (Kingair)	VH-MVY	BB-1324
Beechcraft BE-200 (Kingair)	VH-MWH	BB-2003
Beechcraft BE-200 (Kingair)	VH-MWK	BL-152
Beechcraft BE-200 (Kingair)	VH-MWQ	BB-1416
Beechcraft BE-200 (Kingair)	VH-MWU	BB-1418
Beechcraft BE-200 (Kingair)	VH-MWX	BB-1424
Beechcraft BE-200 (Kingair)	VH-MWZ	BB-1430

Schedule 2             Extent of exemption

The exemption extends only to the direction under subregulation 235 (7) of CAR 1988 that is contained in paragraph 4.2.3 of Civil Aviation Order 20.9.

Schedule 3             Conditions

1      Before fuel is loaded, each person on board the aircraft, other than a person whose age or medical condition prevents him or her from understanding the information, must be told that:

(a)     fuel is to be loaded; and

(b)     his or her seat belt must not be fastened while 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 of fuel.

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

3      While 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.

4      While 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.

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

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

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

8      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.

9      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.