CASA EX111/09 – Exemption – refuelling with patients on board (Cth)

Instrument number CASA EX111/09

I, gregory james hood, Executive Manager, CASA Operations Division, a delegate of CASA, make this instrument under subregulation 235 (11) of the Civil Aviation Regulations 1988 (CAR 1988).

[Signed Greg Hood]

Greg Hood
Executive Manager
CASA Operations Division

15 December 2009

Exemption — refuelling with patients on board

1           Duration

                This instrument:

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

(b)     stops having effect at the end of December 2010.

2           Revocation

                Instrument CASA EX43/09 is revoked.

3           Definition

                In this instrument:

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

4           Application

     (1)      This instrument applies to each aircraft mentioned in Schedule 1 (the aircraft) operated by Pearl Aviation Australia Pty Ltd, Aviation Reference Number 411832 (the operator).

     (2)      This instrument does not apply if fuel is being loaded in accordance with paragraph 4.2.4 of Civil Aviation Order 20.9 (CAO 20.9).

5           Exemption

Each aircraft mentioned in Schedule 1 is exempt from compliance with subregulation 235 (7) of CAR 1988 to the extent mentioned in Schedule 2.

6           Conditions

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

Schedule 1             Aircraft

VH-NTE	VH-OYA	VH-OYG	VH-TLX
VH-NTG	VH-OYB	VH-OYH
VH-NTH	VH-OYD	VH-OYI
VH-NTS	VH-OYE	VH-OYN

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 CAO 20.9.

Schedule 3             Conditions

        1      While fuel is being loaded, no passenger may enter or leave the aircraft.

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

(a)     that fuel is to be loaded; and

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

(c)     the location of the emergency exits; 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, 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.

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

        4      While fuel is being loaded:

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

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

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

(d)     the aircraft’s emergency lights must be armed; and

(e)     unless supervising passengers under clause 5, the pilot in command or the co-pilot of the aircraft must be supervising the loading of the fuel.

        5      The operator must ensure that the cabin attendant or the person on board the aircraft to provide medical care while fuel is being loaded:

(a)     is prepared for an immediate evacuation; and

(b)     supervises the passengers during loading; and

(c)     ensures that the aisles and exits are unobstructed during the loading.

        6      Except when performing the duties mentioned in clause 5, while fuel is being loaded the cabin attendant on duty in the aircraft must be stationed by the exit door of the aircraft’s passenger zone.

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

        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.