CASA Ex84/08 Exemption refuelling with passengers on board (Cth)

Instrument number CASA EX84/08

I, JOHN BOTHAM, Regional Manager 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 J. Botham]

John Botham
Regional Manager Southern Region
General Aviation Operations Group

4 December 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 November 2009.

2          Application

            This instrument applies to each Beechcraft BE-200 (Kingair) aircraft with the nationality and registration marks mentioned in Schedule 1 (the aircraft), operated by the Royal Flying Doctor Service of Australia (South Eastern Section), Aviation Reference Number 200045 (the operator).

3          Exemption

The aircraft are exempt from compliance with subregulation 235 (7) of CAR 1988 only to the extent mentioned in Schedule 2.

4          Conditions

            The exemption is subject to the conditions mentioned in Schedule 3.

Schedule 1          Aircraft

Manufacturer/Model	Nationality and registration marks	Serial no.
Beechcraft BE-200 (Kingair)	VH-AMR	BB-1812
Beechcraft BE-200 (Kingair)	VH-AMS	BB-1814
Beechcraft BE-200 (Kingair)	VH-MSH	BB-1787
Beechcraft BE-200 (Kingair)	VH-MSM	BB-1464
Beechcraft BE-200 (Kingair)	VH-MSJ	BB-48
Beechcraft BE-200 (Kingair)	VH-MVJ	BB-866
Beechcraft BE-200 (Kingair)	VH-MVL	BB-1842
Beechcraft BE-200 (Kingair)	VH-MVS	BB-1333
Beechcraft BE-200 (Kingair)	VH-MVW	BB-1813
Beechcraft BE-200 (Kingair)	VH-MVY	BB-1980
Beechcraft BE-200 (Kingair)	VH-MWQ	BB-1324
Beechcraft BE-200 (Kingair)	VH-MVU	BB-1416
Beechcraft BE-200 (Kingair)	VH-MWX	BB-1424
Beechcraft BE-200 (Kingair)	VH-MWZ	BB-1430

Schedule 2          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 Civil Aviation Order 20.9.

Schedule 3          Conditions

      1     Before fuel is loaded, each person 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.

      2     Clause 1 does not apply to a person whose age or medical condition prevents him or her from understanding the information.

      3     The operator must ensure that the instructions given under paragraphs 1 (b) and (c) are complied with.

      4     While the fuel is loaded:

(a)   the aircraft’s cabin door must be open; and

(b)   passenger-loading equipment (if any) must be in position at the door; and

(c)   the aircraft and the fuelling equipment must be connected to an earth point; and

(d)   the aircraft’s “fasten seat belt” signs (if any) must be turned off; and

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

(f)    the aircraft’s emergency lights (if any) must be armed; and

(g)   unless conducting the refuelling, the pilot in command of the aircraft must be in the aircraft loading area.

      5     While the fuel is loaded, at least 1 of the following persons must be on duty in the aircraft:

(a)   a cabin attendant;

(b)   a person who is on board to provide medical care to a passenger.

      6       The areas outside the aircraft that would be used if the aircraft were evacuated must be kept clear while the fuel is loaded.

      7     If the fuel is loaded using an overwing system, the operator must take all reasonable precautions to reduce the fire hazard from the procedure.

      8     If the aircraft’s engine is running while the fuel is loaded, a member of the flight crew must be on duty on the flight deck.

      9     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.

    10     The operator’s operations manual must set out:

(a)   the responsibilities of each member of the flight crew who is on duty in 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.