Wao 856 Exemption refuelling with patients on board (Cth)

Instrument number WAO 856

I, TERENCE FARQUHARSON, Manager, General Aviation Field Office, Perth, a delegate of CASA, make this instrument under subregulation 235 (11) of the Civil Aviation Regulations 1988 (CAR 1988).

[T Farquharson]

T Farquharson
Manager
General Aviation Field Office
Perth

10 August 2005

Exemption — refuelling with patients on board

1          Duration

            This instrument:

(a)   comes into effect on the day after it is registered on the Federal Register of Legislative Instruments; and

(b)   ceases to have effect at the end of September 2008.

2          Definition

            In this instrument, passenger does not include a person who is on board the aircraft for the purpose of providing medical care.

3          Application

   (1)     This instrument applies to the aircraft mentioned in Schedule 1 (the aircraft), operated by the RFDS (Western Operations) (Aviation Reference Number 539707) (the operator), that contain passengers being carried for the purpose of obtaining medical treatment.

   (2)     This instrument does not apply if fuel is being loaded in accordance with paragraph 4.2.4 of Civil Aviation Order 20.9.

4          Exemption

The aircraft are exempt from compliance with the direction under subregulation 235 (7) of CAR 1988 that is set out in paragraph 4.2.3 of Civil Aviation Order 20.9.

5          Conditions

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

Schedule 1          Aircraft

Type	Nationality & registration mark	Serial number
Beech 200 Kingair	VH-CWO	BL-72
Beech 200 Kingair	VH-FDG	BB-1172
Beech 200 Kingair	VH-KFN	BL-31
Beech 200 Kingair	VH-HWO	BB-1641
Beech 200 Kingair	VH-IWO	BB-1639
Beech 200 Kingair	VH-LWO	BB-1643
Pilatus PC-12	VH-KWO	363
Pilatus PC-12	VH-MWO	379
Pilatus PC-12	VH-NWO	396
Pilatus PC-12	VH-VWO	400
Pilatus PC-12	VH-ZWO	467

Schedule 2          Conditions

      1     While the fuel is being loaded:

(a)   no passenger may enter or leave the aircraft; and

(b)   no passenger may be on board the aircraft unless his or her medical condition may deteriorate if he or she leaves the aircraft.

      2     Before fuel is loaded on the aircraft, the operator must ensure that any passenger on board (other than a passenger incapable of understanding the information) is told:

(a)   that fuel is to be loaded; and

(b)   the location of the emergency exits; and

(c)   that his or her seat belt must be unfastened; and

(d)   that he or she must not:

(i)smoke; or

(ii)use any electrical equipment (other than medical equipment used for treating a patient); or

(iii)do anything else that might cause fuel vapours to ignite during the loading.

      3     The operator must ensure that every passenger on board the aircraft complies with the instructions given under paragraphs 2 (c) and (d).

      4     While fuel is being loaded on the aircraft, the operator must ensure that:

(a)   the cabin door is open; and

(b)   the aircraft’s “fasten seat belt” signs are turned off; and

(c)   passenger loading equipment, if available, is in position at the door; and

(d)   the aircraft and fuelling equipment are connected to an earth point; and

(e)   a cabin attendant, or a person who is on board the aircraft for the purpose of providing medical care, is on duty in the aircraft; and

(f)    the pilot in command of the aircraft is in the aircraft loading area.

      5     The operator must ensure that the loading stops immediately if:

(a)   fuel vapour is found inside the aircraft; or

(b)   for any reason it is not safe to continue loading the fuel.