CASA EX12/2005 Exemption refuelling with patients on board (Cth)

Exemption number CASA EX12/2005

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

28 April 2005

Exemption  refuelling with patients on board

1 Duration

This instrument:

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

(b) stops having effect at the end of April 2006.

2 Revocation

This instrument revokes instrument CASA 169/04.

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 Australian aircraft that:

(a) are operated by Pearl Aviation Australia Pty Ltd (Aviation Reference Number 411832) (the operator); and

(b) bear the nationality and registration marks mentioned in Schedule 1; and

(c) contain passengers being carried for the purpose of obtaining medical treatment.

(2) 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 (the CAOs).

5 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 CAOs.

6 Conditions

The exemption is subject to the conditions mentioned in Schedule 2.

Schedule 1 Nationality and registration mark of aircraft

VH-LKF	VH-OYA	VH-OYE	VH-OYK	VH-TNQ
VH-NTE	VH-OYB	VH-OYG	VH-OYN
VH-NTG	VH-OYC	VH-OYH	VH-OYW
VH-NTH	VH-OYD	VH-OYI	VH-TLX

Schedule 2 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.

2 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.

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

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

(a) the cabin door is open; and

(b) the aircrafts 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.

5 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.