CASA EX106/17 Exemptions and directions — use of portable electronic devices when loading fuel (Cth)

Instrument number CASA EX106/17

I, GRAEME MILLS CRAWFORD, Aviation Group Manager, a delegate of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed G.M. Crawford]

Graeme M. Crawford
Aviation Group Manager

28 July 2017

Exemptions and directions — use of portable electronic devices when loading fuel

1          Duration

                 This instrument:

(a)   commences on 1 August 2017; and

(b)   is repealed at the end of 31 July 2020.

2          Definitions

                 In this instrument:

                 fuelling zone means the area within a 3 metre radius of each of the following:

(a)   the filling and venting points of an aircraft;

(b)   equipment in use for fuelling the aircraft;

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

                 PEDmeans any of the following:

(a)   a device that transmits on a digital mobile telephony frequency;

(b)   a device that transmits on a frequency specified in an IEEE 802.11 wireless standard;

(c)   any device that emits radio waves that does not have a transmitter.

                 regulated conduct means the use of a PED while a turbine engine aircraft is being fuelled using an underwing fuelling system.

3          Application

                 This instrument applies in relation to the fuelling of a turbine engine aircraft using an underwing fuelling system.

4          Exemptions — operator

        (1)     The operator of the aircraft is exempt from compliance with the following provisions of Civil Aviation Order 20.9 (CAO 20.9):

(a)   sub‑subparagraph 4.2.2 (a) (iii), to the extent that the sub-subparagraph directs the operator to:

             (i)  tell passengers not to engage in regulated conduct in the cabin of the aircraft; and

            (ii)  tell a member of the operator’s personnel, who is on board, entering or leaving the aircraft, not to engage in regulated conduct;

(b)   subparagraph 4.2.2 (b), to the extent that the subparagraph directs the operator to:

             (i)  be satisfied that passengers in the cabin of the aircraft are not engaging in regulated conduct; and

            (ii)  be satisfied that the operator’s personnel, who are on board, entering or leaving the aircraft, are not engaging in regulated conduct.

        (2)     The operator of the aircraft is exempt from compliance with subregulation 235 (7A) of CAR to the extent that the subregulation requires the operator to comply with the directions covered by the exemption in subsection (1).

        (3)     The exemption in subparagraph (1) (a) (i) is subject to:

(a)   the condition mentioned in section 7; and

(b)   the condition that the operator ensures compliance with the direction mentioned in subsection 9 (2).

        (4)     The exemption in subparagraph (1) (a) (ii) is subject to:

(a)   the conditions mentioned in section 7 and subsection 8 (2); and

(b)   the condition that the operator ensures compliance with the condition mentioned in subsection 8 (1).

5          Exemption — operator’s personnel outside the cabin of the aircraft

        (1)     The operator’s personnel are exempt from compliance with the following provisions to the extent that the provisions prohibit the personnel to engage in regulated conduct:

(a)   subparagraph 4.4.3 (b) of CAO 20.9;

(b)   subregulation 235 (7A) of CAR.

        (2)     The exemption is subject to the conditions mentioned in sections 7 and 8.

6          Exemption — operator and pilot in command

        (1)     The operator and pilot in command of the aircraft are exempt from compliance with the following provisions to the extent that the provisions require them to take reasonable steps to ensure that a person does not engage in the conduct covered by the exemption mentioned in section 5:

(a)   subparagraph 4.4.3 (b) of CAO 20.9;

(b)   subregulation 235 (7A) of CAR.

        (2)     The exemption is subject to the conditions mentioned in section 7 and subsection 8 (2).

7          General condition

                 The operator must:

(a)   implement procedures to ensure that:

             (i)  the safety of the fuelling operation will not be adversely affected by radio frequency emissions or transmissions from a PED; and

            (ii)  the conditions in this instrument are complied with; and

(b)   include in its operations manual:

             (i)  requirements for specified operator personnel to follow the procedures mentioned in paragraph (a); and

            (ii)  a copy of this instrument.

8          Conditions — use of devices outside the cabin of the aircraft

        (1)     A member of the operator’s personnel must not engage in regulated conduct outside the cabin of the aircraft unless the person:

(a)   is designated by the operator for the purpose of this subsection; and

(b)   engages in the regulated conduct outside the fuelling zone; and

(c)   has received training from the operator:

             (i)  in how to accurately identify the fuelling zones associated with relevant aircraft; and

            (ii)  not to use a PED within those zones; and

           (iii)  to be aware of the risks associated with distraction when using a PED; and

           (iv)  in how to mitigate those risks.

        (2)     The operator may designate a person for subsection (1) only if the operator is satisfied that the person has satisfactorily completed the training mentioned in paragraph (1) (c).

9          Directions — persons in the cabin of the aircraft

        (1)     CASA directs a person not to engage in regulated conduct in the cabin of an aircraft unless the conduct is permitted by the pilot in command of the aircraft.

        (2)     CASA directs that the pilot in command may give the permission only if:

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

(b)   the operator has notified the pilot to the effect that the operator has complied with the conditions mentioned in subparagraph 7 (a) (i) and paragraph 7 (b) in relation to the fuelling operation.