CASA EX111/09 – Exemption – refuelling with patients on board

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to establish a comprehensive framework governing the safety and operation of aircraft in Australia, ensuring air navigation safety. The problem this legislation aimed to address was the need to balance stringent safety regulations with operational flexibility, particularly for medical flights transporting critically ill patients. The Civil Aviation (Safety of Air Navigation) Regulations 1988, administered by the Civil Aviation Safety Authority (CASA), include provisions allowing for the exemption of certain safety regulations to accommodate specific operational needs, such as refuelling aircraft while patients are on board. The exemption issued under these regulations was enacted by CASA, at the request of Pearl Aviation Australia Pty Ltd, to allow for the refuelling of specified aircraft without requiring the removal of patients on board, provided that specific safety conditions are met. The exemption is subject to disallowance by the Parliament under the Legislative Instruments Act 2003, reflecting the need for legislative oversight of such regulatory decisions.

Scope and Application

The Civil Aviation Regulations 1988, under the authority of the Civil Aviation Act 1988, applies to all aviation entities operating within Australia, including airlines, aircraft operators, and other relevant parties. Specifically, the exemption concerning refuelling with patients on board pertains to Pearl Aviation Australia Pty Ltd, allowing them to refuel certain aircraft while passengers, including critically ill patients, are on board, subject to specific safety conditions. This exemption extends to the entire duration of the exemption, which is effective from the day after its registration until the end of December 2010. The exemption was issued under the authority of the Civil Aviation Regulations 1988 and the Civil Aviation Order 20.9, which provide CASA with the power to exempt and direct certain loading methods for aircraft. The exemption is a legislative instrument, declared as disallowable under the Legislative Instruments Act 2003, and thus subject to tabling and disallowance in the Parliament. It is important to note that the exemption is subject to specific conditions, such as providing information to passengers and ensuring the aircraft and fuelling equipment are earthed during refuelling.

Key Provisions

The Civil Aviation Regulations 1988, particularly subregulation 235(11), allow the Civil Aviation Safety Authority (CASA) to exempt aircraft from certain regulatory requirements. In this instance, subregulation 235(7) empowers CASA to direct the method of loading persons and goods, including fuel, onto aircraft. Specifically, paragraph 4.2.3 of Civil Aviation Order 20.9 (CAO 20.9) mandates that aircraft with a maximum seating capacity of less than 20 must not be refuelled while passengers are on board or entering or leaving the aircraft. However, CASA has issued an exemption from this requirement for certain aircraft operated by Pearl Aviation Australia Pty Ltd, permitting refuelling while critically ill patients remain on board, subject to specific conditions. These conditions include providing certain information to passengers, ensuring the aircraft’s operating crew and medical staff are in designated locations, and grounding the aircraft and fuelling equipment to an earth point during refuelling. The obligations imposed by this exemption on Pearl Aviation Australia Pty Ltd are stringent. The operator must ensure that no passenger is on board the aircraft while fuel is being loaded, unless the conditions outlined in Schedule 2 to the exemption are met. These conditions require the operator to inform passengers who are capable of understanding about the refuelling process, ensure that the aircraft’s operating crew and medical staff are in designated locations, and connect the aircraft and fuelling equipment to an earth point. Failure to comply with these conditions could jeopardise the safety of air navigation and the exemption’s validity. The Civil Aviation Regulations 1988 and the Legislative Instruments Act 2003 outline the potential consequences for non-compliance with this exemption. If Pearl Aviation Australia Pty Ltd fails to adhere to the conditions set out in the exemption, CASA may take enforcement action, which could include fines, legal proceedings, or further regulatory measures. The maximum penalties for breaches of the Civil Aviation Regulations 1988 can be substantial, reflecting the serious nature of ensuring the safety of air navigation. Furthermore, as the exemption is a disallowable instrument under the Legislative Instruments Act 2003, it is subject to tabling and disallowance in the Parliament, adding another layer of oversight and accountability. Given the sensitive nature of the operations involved, CASA did not undertake consultation under section 17 of the Legislative Instruments Act 2003 for this exemption. Instead, the exemption was issued at the request of the operator to accommodate medical requirements and ensure safety. This exemption is a remake of CASA EX43/09, removing a condition previously imposed. It is effective from the day after registration and ceases to have effect at the end of December 2010. This exemption has been issued by a delegate of CASA appointed under regulation 7 of the Civil Aviation Regulations 1988, ensuring that the authority to make such decisions is appropriately vested in qualified individuals.