CASA EX66/14 Exemption — use of mobile phones and other electronic devices when loading fuel (Cth)

Instrument number CASA EX66/14

I, GERARD JOHN CAMPBELL, Executive Manager, Operations Division, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 and subsection 33 (3) of the Acts Interpretation Act 1901.

[Signed G.J. Campbell]

Gerard J. Campbell
Executive Manager
Operations Division

25 July 2014

Exemption — use of mobile phones and other electronic devices when loading fuel

1          Duration

                 This instrument:

(a)   commences on 1 August 2014; and

(b)   expires at the end of July 2017, as if it had been repealed by another instrument.

2          Repeal

                 Instrument CASA EX96/11 is repealed.

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          Application

                 This instrument applies to:

(a)   a turbine engine aircraft that is being refuelled and is either:

             (i)  a cargo aircraft with a payload capacity exceeding 3 410 kg; or

            (ii)  a passenger aircraft with a maximum seating capacity of 20 or more; 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.

5          Exemption

                 A person to whom this instrument applies is exempt from compliance with subregulation 235 (7) of the Civil Aviation Regulations 1988 to the extent mentioned in Schedule 1.

6          Conditions

                 The exemption in section 5 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 fuelling 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 aircraft; 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.