CASA EX05/09 - Exemption - refuelling with passengers on board

Overview

The Civil Aviation Regulations 1988, enacted to ensure the safety of air navigation, include provisions for the loading of fuel on aircraft. One such regulation, Civil Aviation Order 20.9, specifies the conditions under which passengers can remain on board during refuelling. However, this regulation presents challenges for operators like the Royal Flying Doctor Service (RFDS), which operate smaller aircraft and need to accommodate passengers with medical conditions that prevent them from leaving the aircraft during refuelling. To address this gap, the Civil Aviation (Refuelling with Passengers on Board) Exemption Instrument 2009 was introduced. This instrument, issued under the authority of the Civil Aviation Act 1988, provides the RFDS with an exemption from certain refuelling requirements, allowing them to continue operations while maintaining safety standards. The exemption is subject to specific conditions to mitigate any risks associated with refuelling while passengers are on board. This legislation aims to balance operational flexibility with stringent safety requirements, facilitating the unique needs of the RFDS in their critical medical services.

Scope and Application

The Civil Aviation Regulations 1988, particularly under the authority of the Civil Aviation Act 1988, govern the safety standards and operational requirements for civil aviation in Australia. The regulations provide detailed provisions on the safe loading of persons and goods, including fuel, on aircraft. Specifically, Civil Aviation Order 20.9 outlines the conditions under which refuelling can occur with passengers on board. For aircraft with a seating capacity of 20 or more, refuelling is generally prohibited while passengers are on board unless certain safety conditions are met, such as using anti-static aviation grade turbine fuel and ensuring the fuel is transferred without exposure to air. For smaller aircraft with a seating capacity of less than 20, refuelling is generally not permitted while passengers are on board unless specific medical conditions apply and non-avgas and non-aviation grade turbine fuel without anti-static is used. The Royal Flying Doctor Service (Central Operations) Incorporated operates smaller aircraft and has been granted an exemption from certain provisions of Civil Aviation Order 20.9. This exemption allows the RFDS to refuel its aircraft with passengers on board under specific conditions, such as ensuring the fuel is not avgas or aviation grade turbine fuel without anti-static, and meeting safety requirements similar to those in Civil Aviation Order 20.9. The exemption also stipulates that passengers must be informed of the refuelling process and that certain safety measures must be in place during the refuelling. The exemption is subject to conditions and requirements aimed at maintaining safety standards while accommodating the unique operational needs of the RFDS.

Key Provisions

The main operative sections of the instrument are found in subregulation 235(11) of the Civil Aviation Regulations 1988 (CAR 1988) and paragraph 4.2.1 to 4.2.4 of Civil Aviation Order 20.9 (CAO 20.9). Under these provisions, an exemption can be given for refuelling operations when certain conditions are met. Specifically, subregulation 235(11) allows the Civil Aviation Safety Authority (CASA) to exempt an aircraft from the requirements imposed by regulation 235, including the directions under CAO 20.9. Paragraphs 4.2.3 and 4.2.4 of CAO 20.9 set out the general rules for refuelling operations, prohibiting passengers from being on board or entering or leaving the aircraft during refuelling. However, subparagraph 4.2.2 of CAO 20.9 allows for certain exceptions if specific conditions are met, such as the use of anti-static aviation grade turbine fuel and a system that transfers fuel without exposing it to the air. The obligations and requirements imposed by the Act on the parties it governs are primarily centred around safety during refuelling operations. For the Royal Flying Doctor Service (RFDS), this means that they must ensure that fuel is not loaded while passengers are on board, entering, or leaving the aircraft, unless exempted by the Act. If they are granted an exemption, they must comply with the specific conditions outlined in the exemption, such as not allowing passengers to enter or leave the aircraft while fuel is being loaded, and ensuring that the aircraft and fuelling equipment are earthed. Additionally, the RFDS must ensure that each person on board who can understand the information is informed that fuel is to be loaded, and that they must not smoke or use any electrical equipment, except for medical equipment that the pilot in command has approved. The RFDS’s operations manual must also include detailed information and procedures about refuelling, including the terms of the exemption. Failure to comply with the provisions of the Civil Aviation Regulations 1988 and the Civil Aviation Order 20.9 can result in various civil and criminal consequences. While the specific penalties are not detailed in the explanatory statement, generally, violations of aviation safety regulations can lead to fines, imprisonment, or both, depending on the severity of the breach. The penalties can vary widely, but for serious breaches, the maximum penalty can include substantial fines and imprisonment for several years. The exact penalties would be determined based on the specific breach and the applicable laws at the time of the offence. The instrument exempts the RFDS from certain refuelling requirements under the Civil Aviation Regulations 1988 and Civil Aviation Order 20.9, provided they adhere to the conditions and requirements specified in the exemption. This includes not allowing passengers to enter or leave the aircraft while fuel is being loaded and ensuring the aircraft and fuelling equipment are earthed. The exemption is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003 and is declared as a disallowable instrument under regulation 5A of CAR 1988. The exemption is issued by a delegate of CASA appointed under regulation 7 of CAR 1988 and commences on the day after it is registered, expiring at the end of 31 January 2011.