CASA EX43/08 – Exemption – use of mobile phones and other electronic devices when loading fuel (Cth)
Instrument number CASA EX43/08
I, michael david quinn, Deputy Chief Executive Officer, Operations, a delegate of CASA, make this instrument under subregulations 235 (11) and 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988).
[Signed M.D. Quinn]
Mick Quinn
Deputy Chief Executive Officer, Operations
25 June 2008
Exemption — use of mobile phones and other electronic devices when loading fuel
1 Duration
This instrument:
(a) commences on 1 July 2008; and
(b) stops having effect at the end of 30 June 2011.
2 Application
This instrument applies to:
(a) a turbine engine aircraft that:
(i) has a maximum seating capacity of 20 or more; and
(ii) is being refuelled; and
(b) each of the following persons who is in, or otherwise associated with the operation of, the aircraft:
(i) the operator;
(ii) the operator’s operations personnel;
(iii) the crew;
(iv) the passengers.
3 Definitions
In this instrument:
devicemeans any of the following:
(a) a digital mobile telephone;
(b) a handheld personal digital assistant;
(c) a device that transmits using only IEEE 802.11 wireless standard technology;
(d) any portable electronic device not designed to produce a radio frequency emission.
fuelling zone means the area within 3 metres radially from:
(a) the filling and venting points; and
(b) the fuelling equipment; and
(c) if applicable, the hydrant valve in use for fuelling.
4 Exemption
A person to whom this instrument applies is exempt from compliance with subregulation 235 (7) of CAR 1988 to the extent mentioned in Schedule 1.
5 Conditions
The exemption in section 4 is subject to the conditions mentioned in Schedule 2.
Schedule 1 Extent of exemption
To the extent that the following provisions of Civil Aviation Order 20.9 impose requirements in relation to the use of a device:
(a) sub-subparagraph 4.2.2 (a) (iii);
(b) subparagraph 4.2.2 (b);
(c) subparagraph 4.4.3 (b).
Schedule 2 Conditions
1 A person may only use a device in the cabin, or outside the cabin, of the aircraft if the person complies with these conditions.
Use in the cabin of the aircraft
2 A person may only use a device in the cabin of the aircraft if the pilot in command of the aircraft (the pilot) has given permission in accordance with clause 4.
3 A person must not use a device if the pilot withdraws his or her permission.
4 The pilot may only give permission if:
(a) each aircraft door within the fuelling zone is closed; and
(b) the aircraft operator has already ensured for the operation, or a class of operations including the operation, that:
(i) radio frequency emissions will not affect the aircraft’s systems; or
(ii) procedures are established that will correct any effect the emissions may have before the engines are started.
Use by operations personnel outside the cabin of the aircraft
5 Only a designated member of the aircraft operator’s operations personnel (designated operations person) may use a device outside the cabin of the aircraft.
Note An operator’s operations personnel include employees and contractors involved in loading or refuelling the aircraft.
6 Each designated operations person may only use a device outside the cabin of the aircraft if:
(a) it is used outside the fuelling zone; and
(b) the aircraft operator has trained the person:
(i) in how to accurately identify the fuelling zones associated with relevant aeroplanes; and
(ii) not to use a device within those zones; and
(iii) to be aware of the risks associated with distraction when using a device; and
(iv) in how to mitigate those risks; and
(c) the aircraft operator has already ensured for the operation, or a class of operations including the operation, that:
(i) radio frequency emissions will not affect the aircraft’s systems; or
(ii) procedures are established that will correct any effect the emissions may have before the engines are started.
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