CASA EX29/08 Exemption refuelling with passengers on board (Cth)

Instrument number CASA EX29/08

I, william stewart McALISTER, RegionalManager Southern 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 W.S. McAlister]

William Stewart McAlister
Regional Manager Southern Region
General Aviation Operations Group

19 May 2008

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 30 April 2011.

2          Application

   (1)     This instrument applies to the Bombardier BD 700 Global Express aircraft with nationality and registration marks VH-TGG (the aircraft) operated by Gandel Investments Pty Ltd, Aviation Reference Number 596932 (the operator).

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

3          Exemption

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

4          Conditions

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

Schedule 1          Extent of exemption

The exemption extends only to the direction under subregulation 235 (7) of CAR 1988 that is contained in paragraph 4.2.3 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 who may be 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 the fuel is 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 (if any) 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 flight crew member, 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 member of the flight crew on duty in the aircraft while the fuel is being loaded:

(a)   is prepared for an immediate evacuation; and

(b)   supervises the passengers during the loading; and

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

      7     While the fuel is being loaded, the member of the flight crew supervising passengers must be stationed in the passenger loading area of the aircraft in a position which enables him or her to comply with the requirements of this instrument.

      8     The areas outside the aircraft that would be used if the aircraft were evacuated must be kept clear while the fuel is 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 an engine of the aircraft is running while the fuel is being loaded, the member of the flight crew supervising passengers must also monitor the readings on the auxiliary power unit panel that is in the aircraft adjacent to the passenger loading area.

    11     The operator’s operations manual must set out:

(a)   the responsibilities of each member of the flight crew who is on duty in or outside the aircraft while fuel is 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.

    12     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.