EXPLANATORY STATEMENT
Civil Aviation Regulations
Directions under subregulation 235 (7)
Subsection 98 (1) of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Regulation 5A of the Civil Aviation Regulations provides that a direction that has the effect of repealing, amending, or otherwise affecting the operation of, anything in a Civil Aviation Order is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Subregulation 235 (7) of the Regulations provides that the Civil Aviation Safety Authority (CASA) may, for the purpose of ensuring the safety of air navigation, give directions with respect to the method of loading persons and goods (including fuel) on aircraft.
Section 20.9, subsection 4 of the Civil Aviation Orders sets out CASA’s directions in relation to the loading of fuel on aircraft. The requirements set out in that subsection in relation to loading fuel on aircraft with less than 20 passenger seats while passengers are on board are inappropriate for certain aircraft operated by the Royal Flying Doctor Service in New South Wales (RFDS). Those requirements would mean that ill patients on board any of those aircraft would have to be removed from it before it could be refuelled. In the interests of safety, CASA has decided to issue separate directions in relation to loading fuel on certain aircraft operated by RFDS while passengers are on board. These directions will apply in place of those set out in section 20.9, subsection 4 of the Orders.
The directions impose requirements necessary to ensure safety when fuel is loaded on an aircraft with passengers aboard. The requirements relate to information to be given to passengers who are able to understand the information, the behaviour of the passengers, the location of the aircraft’s operating crew and medical crew while the fuel is loaded, connection of the aircraft and the fuelling equipment to an earth point and preparation for the possibility of an evacuation of the aircraft.
CASA considers that the directions are not detrimental to the safety of air navigation in general.
The directions have been given by a delegate of CASA.
The directions took effect on gazettal.
Overview
The Civil Aviation Regulations 1998 were enacted to establish the framework for the safety and efficiency of civil aviation within Australia. The 2005 Explanatory Statement pertains to directions issued under subregulation 235(7) of these regulations, specifically addressing the method of loading fuel on aircraft operated by the Royal Flying Doctor Service in New South Wales. The Civil Aviation Act 1988 empowers the Governor-General to make these regulations, which are designed to ensure the safety of air navigation. The Civil Aviation Safety Authority (CASA) issued these directions to address the inappropriateness of existing fuel loading requirements for certain aircraft operated by the RFDS, which necessitate the removal of ill patients before refuelling. CASA's objective in issuing these directions is to maintain safety standards without compromising the operational needs of the RFDS, ensuring that passengers and crew are safeguarded during the refuelling process. The directions took effect upon their gazettal and are in place to ensure safety when loading fuel on an aircraft with passengers aboard.
Scope and Application
The Civil Aviation Regulations Directions under subregulation 235(7) aim to address specific safety concerns regarding the loading of fuel on certain aircraft operated by the Royal Flying Doctor Service in New South Wales while passengers are on board. These directions, issued by the Civil Aviation Safety Authority (CASA), are designed to replace the existing requirements in section 20.9, subsection 4 of the Civil Aviation Orders, which are deemed inappropriate for the operational context of the RFDS. The provisions apply to aircraft operated by the RFDS that have less than 20 passenger seats, ensuring that ill patients on board do not have to be removed before refuelling, thereby enhancing operational efficiency and patient care. The regulations mandate specific safety protocols, including communication with passengers, crew positioning, aircraft grounding, and evacuation readiness, to mitigate risks during refuelling. These directions are jurisdictional in scope, applicable within Australia, and are intended to maintain the overall safety of air navigation without compromising the unique operational needs of the RFDS. The directions took effect upon gazettal and were issued under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Regulations.
Key Provisions
The Civil Aviation Regulations Direction under subregulation 235(7) (referred to as the "Direction") primarily outlines specific requirements for loading fuel on certain aircraft operated by the Royal Flying Doctor Service in New South Wales (RFDS) while passengers are on board. This Direction is intended to replace the general requirements set out in section 20.9, subsection 4 of the Civil Aviation Orders, which are deemed inappropriate for RFDS aircraft due to the need to avoid removing ill patients from the aircraft during refuelling. The Direction, found under the Civil Aviation Act 1988 (section 98(1)), is designed to ensure the safety of air navigation and was issued by the Civil Aviation Safety Authority (CASA) in accordance with subregulation 235(7). It took effect upon its gazettal.
The Direction imposes several obligations on parties involved in the operation of RFDS aircraft. Firstly, it mandates that passengers who are capable of understanding the information must be informed about the fuel loading process. It also requires passengers to behave in a manner that ensures safety during the refuelling process. Additionally, the Direction specifies that the aircraft’s operating crew and medical crew must be located in a position where they can supervise and respond to any potential issues during fuel loading. Furthermore, the Direction requires the aircraft and the fuelling equipment to be connected to an earth point, and preparations to be made for the potential evacuation of the aircraft if necessary.
The Direction includes specific safety requirements to be met during the loading of fuel on an aircraft with passengers on board. These include ensuring that all relevant information is communicated to the passengers, that the passengers behave appropriately, that the operating and medical crews are in suitable positions to monitor and manage any issues, that the aircraft and fuelling equipment are properly grounded, and that evacuation procedures are in place. These measures are designed to mitigate any risks associated with refuelling an aircraft while passengers are on board.
Failure to comply with the Direction could result in legal consequences. Although the specific penalties are not detailed in the Direction itself, breaches of Civil Aviation Regulations can generally lead to substantial penalties. These can include fines and imprisonment under the Civil Aviation Act 1988 and related regulations. The severity of the penalties may depend on the nature and impact of the breach on air navigation safety. CASA has the authority to enforce compliance with these regulations and may take appropriate action against non-compliance to ensure the continued safety of air navigation.