CASA Ex23/07 Exemption refuelling with passengers on board (Cth)

Instrument number CASA EX23/07

I, rOGER jON wEEks, Regional Manager, Sydney Region, General Aviation Operations Group, a delegate of CASA, make this instrument under subregulation 235 (11) of the Civil Aviation Regulations 1988 (CAR 1988).

[Signed Roger Jon Weeks]

Roger Jon Weeks
Regional Manager, Sydney Region
General Aviation Operations Group

25 May 2007

Exemption — refuelling with passengers on board

1          Duration

            This instrument:

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

(b)   stops having effect at the end of 31 March 2009.

2          Application

   (1)     This instrument applies to jet aircraft (the aircraft) operated by Execujet Australia Pty Limited, Aviation Reference Number 224736 (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).

3          Exemption

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

4          Conditions

            The exemption is subject to conditions mentioned in Schedule 2.

Schedule 1          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 2          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 that:

(a)   fuel is to be loaded; and

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

      3     The operator must ensure that the instructions given under paragraphs 2 (b) and (c) 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 at least 1 cabin attendant, appointed and trained for the purpose, is on duty in the aircraft and carries out the following duties while fuel is being loaded:

(a)   ensures the safety of the passengers;

(b)   maintains discipline inside the passenger zone of the aircraft;

(c)   supervises any necessary evacuation of the aircraft.

      6     The operator must ensure that the cabin attendant on duty in the aircraft 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.

      7     Except when performing the duties mentioned in clauses 5 and 6, 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.

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

      9     The fuel must be loaded using a system which gets the fuel from its container into the aircraft’s fuel tank without exposing it to the air.

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

    11     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.

    12     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 being 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.