CASA EX78/09 – Exemption – use of mobile phones and other electronic devices when loading fuel (Cth)

Instrument number CASA EX78/09

I, michael david quinn, Deputy Director of Aviation Safety, 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 Director of Aviation Safety

30 September 2009

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

1           Duration

                This instrument:

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

(b)     stops having effect at the end of 31 August 2011.

2           Application

                This instrument applies to:

(a)     a turbine engine aircraft that:

                  (i)   has a payload capacity exceeding 3 410 kg; 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 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 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.