EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS
DIRECTIONS RELATING TO THE FUELLING OF CERTAIN AIRCRAFT
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Under regulation 5 of the Civil Aviation Regulations (the Regulations), if CASA is empowered or required to issue any direction, instruction or notification or to give any permission, approval or authority, CASA may, subject to any contrary intention, issue the direction or notification or give the permission, approval or authority in Civil Aviation Orders (CAOs) or otherwise in writing. Under regulation 5A of the Regulations, if CASA has issued a CAO and CASA issues a later direction, instruction, notification, permission, approval or authority that is not a CAO and that in any way affects the operation of the CAO, the later document is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Direction under subregulation 244 (2) and regulation 43
Under subregulation 244 (2) of the Regulations, CASA may give directions in respect of the duties of the pilot in command and other persons as to tests, checks and other precautions that must be undertaken before an aircraft takes off. CAO 20.2 has been issued under subregulation 244 (2). Under subparagraph 5.1(a) of the CAO, a small amount of fuel must be drained from an aircraft’s fuel tank before the start of operations each day and after each refuelling. In certain climatic conditions (for example, in Northern Japan during winter), extreme cold and ice may render the fuel drains temporarily inoperative and compliance with the requirement is either not possible, or risks damage to the fuel drains.
To overcome this problem, a further direction has been issued which exempts the operator and the pilot in command of certain aircraft from the need to undertake a fuel drain in certain conditions. All other relevant provisions of CAO 20.2 are still to apply to these aircraft.
As this further direction affects the operation of CAO 20.2, it is a disallowable instrument under regulation 5A of the Regulations.
A direction under regulation 43 of the Regulations is also included to the effect that the aircraft’s maintenance release must be endorsed to reflect that a test of an aircraft’s fuel system has not been undertaken and that the test must be undertaken either at the aircraft’s next landing point or, if a fuel drain cannot be carried out at that next landing point due to cold climatic conditions, then a fuel drain must be carried out at the immediately succeeding landing point.
CASA does not consider that the further directions will adversely affect the safety of air navigation.
A copy of the direction, signed by a delegate of CASA, is attached.
The direction comes into effect on gazettal.