CASA EX24/08 – Exemption – refuelling with patients on board (Cth)

Instrument number CASA EX24/0

8

I, GREGORY JEROME VAUGHAN, Group General Manager, General Aviation Operations, a delegate of CASA, make this instrument under subregulation 235 (11) of the Civil Aviation Regulations 1988 (CAR 1988).

[Signed G.J. Vaughan]

Greg Vaughan
Group General Manager
General Aviation Operations

29 April 2008

Exemption — refuelling with patients on board

1          Duration

This instrument:

(a)   commences on 1 May 2008; and

(b)   stops having effect at the end of 31 August 2010.

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 (the aircraft), operated by the Royal Flying Doctor Service of Australia (Queensland Section), Aviation Reference Number 119145 (the operator), that 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 20.9 (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.

5          Conditions

The exemption is subject to the conditions mentioned in Schedule 1.

Schedule 1          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 each passenger who may be on board the aircraft (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 not be fastened while the fuel is loaded; 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 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 aircraft’s cabin door is open; and

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

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

(d)   passenger loading equipment, if available, is in position at the door; and

(e)   the aircraft and fuelling equipment are connected to an earth point; and

(f)    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

(g)   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.