CASA Ex18/06 Exemption – refuelling with patients on board (Cth)

Instrument number CASA EX18/06

I, JOSEPH AUSTIN DAMIAN TULLY, Manager Policy, General Aviation Operations Group, a delegate of CASA, make this instrument under subregulation 235 (11) of the Civil Aviation Regulations 1988 (CAR 1988).

[Signed J. Tully]

Joseph Tully

Manager Policy

General Aviation Operations Group

28 April 2006

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 April 2007.

2          Definition

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

3          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 Civil Aviation Order (CAO 20.9).

4          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 CAO 20.9.

6          Conditions

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

Schedule 1          Nationality and registration marks of aircraft

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

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 person); 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 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.

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.