Overview

The Civil Aviation Regulations 1988, amended through F2005L01198, were introduced to address safety concerns associated with the use of mobile telephones and hand held personal data assistants (PDAs) during aircraft refuelling. The Australian Civil Aviation Safety Authority (CASA) has the authority under the Civil Aviation Act 1988 to make regulations that ensure the safety of air navigation. The policy objective of this particular amendment is to allow the use of mobile telephones and PDAs in the cabin or vicinity of certain aircraft during refuelling, provided that specific safety conditions are met. These conditions include ensuring that radio frequency emissions will not affect aircraft systems, establishing procedures to correct any potential interference before engine start, and including these procedures in the operations manual. This legislative instrument, being a disallowable instrument under the Legislative Instruments Act 2003, is subject to tabling and disallowance in the Parliament. The directions, issued by a delegate of CASA, are effective from the day after registration on the Federal Register of Legislative Instruments and cease at the end of June 2008.

Scope and Application

The Civil Aviation Regulations 1988, as directed under subregulation 235(7), govern the use of mobile telephones and hand-held personal data assistants (PDAs) during the refuelling of aircraft. This regulation applies to turbine-engine aircraft with a maximum seating capacity of 20 or more, ensuring compliance with safety standards during air navigation. Specifically, these directions permit the use of such devices in the cabin, subject to the pilot’s approval, provided that the aircraft operator has verified that radio frequency emissions will not interfere with aircraft systems or has implemented corrective procedures. Procedures for using these devices must be outlined in the operations manual. However, these devices must not be used when the propulsive engine is running. This regulation is a legislative instrument and is subject to tabling and disallowance in the Parliament, following the provisions of the Legislative Instruments Act 2003. The directions were issued by a delegate of the Civil Aviation Safety Authority (CASA) and took effect after registration on the Federal Register of Legislative Instruments, remaining in force until the end of June 2008.

Key Provisions

The Civil Aviation Regulations 1988, as amended by the Explanatory Statement (F2005L01198), provide specific directions under subregulation 235(7) concerning the use of mobile telephones and hand-held personal data assistants (PDAs) during the refuelling of aircraft. According to sub-subparagraph 4.2.2(a)(iii), fuel is not to be loaded unless passengers have been instructed not to use electrical equipment. Subparagraph 4.2.2(b) mandates that all persons must adhere to this instruction. Furthermore, subparagraph 4.4.3(b) prohibits the operation of electrical equipment within 15 metres of the aircraft's fuel tank filling points, vent outlets, or ground fuelling equipment unless it complies with Appendix I of the Order and has been inspected. These provisions have been modified to allow the use of mobile telephones and PDAs under certain conditions. The new directions allow for the use of mobile telephones and PDAs in the cabin of a turbine-engine aircraft with a maximum seating capacity of 20 or more, provided the pilot gives permission. The operator must ensure that radio frequency emissions from these devices will not affect aircraft systems, or have procedures in place to correct any potential effects before engine start. Additionally, the operator must establish procedures for the use of these devices and include them in the operations manual. Importantly, mobile telephones and PDAs must not be used if any propulsive engine of the aircraft is running. Under the Legislative Instruments Act 2003, this instrument is a legislative instrument, subject to tabling and disallowance in Parliament. Consultations were conducted as part of the proposed Part 91 of the Civil Aviation Safety Regulations 1998. The direction was issued by a delegate of CASA and took effect on the day after its registration on the Federal Register of Legislative Instruments, expiring at the end of June 2008. Failure to comply with these provisions may result in civil or criminal consequences, although specific penalties are not detailed in this particular legislative instrument.