CASA EX14/2005 - Exemption - refuelling with passengers on board

Overview

The Civil Aviation Regulations 1988, enacted to ensure the safety of air navigation, provide the regulatory framework within which the Civil Aviation Act 1988 operates. The Civil Aviation (All Aircraft) Instrument 2005 (F2005L00993) was introduced to address a specific operational issue faced by Coolfare Contracts Pty Ltd, an operator of Bombardier BD 700 Global Express aircraft. This legislation allows for an exemption from certain refuelling requirements set out in the Civil Aviation Orders, which previously did not permit passengers to remain on board during refuelling if the aircraft's maximum seating capacity is less than 20. This restriction has significantly impacted Coolfare's operational efficiency, necessitating intermediate landings for further fuel loading. The exemption, issued by the Civil Aviation Safety Authority (CASA) and subject to disallowance under the Legislative Instruments Act 2003, allows Coolfare to refuel the BD 700 aircraft while passengers are on board, provided specific conditions are met, thereby enhancing operational flexibility and safety.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) applies to all aviation operations within Australia, setting forth safety standards and regulatory requirements to ensure the safe navigation of aircraft. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to make exemptions and issue directions concerning the loading of persons, goods, and fuel on aircraft, as per subsection 98(1) of the Civil Aviation Act 1988. Specifically, subregulation 235(7) of the CAR 1988 empowers CASA to issue safety-related directions for the loading of fuel on aircraft, as further detailed in section 20.9 of the Civil Aviation Orders (CAOs). This regulatory framework is designed to enhance the safety of air navigation across Australia. For instance, paragraph 4.2.3 of section 20.9 of the CAOs mandates that fuel should not be loaded onto aircraft with a maximum seating capacity of less than 20 while passengers are on board. However, an exemption has been granted to Coolfare Contracts Pty Ltd for their Bombardier BD 700 Global Express aircraft, allowing them to refuel while passengers are onboard, subject to specific conditions to ensure safety. This exemption is a legislative instrument under the Legislative Instruments Act 2003, subject to disallowance by the Parliament, and was issued directly by a CASA delegate without the need for consultation due to its specific nature.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Orders (CAOs) establish key provisions governing the safety of air navigation, with a particular focus on the loading of fuel and the presence of passengers on board aircraft. Subregulation 235(7) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to issue directions for the safe loading of persons and goods, including fuel, on aircraft. Section 20.9 of the CAOs, which is made under subregulation 235(7), includes specific directions. For instance, paragraph 4.2.3 states that for aircraft with a maximum seating capacity of less than 20, fuel must not be loaded while passengers are on board or entering or leaving the aircraft. The obligations imposed by these provisions include ensuring that the loading of fuel does not occur in the presence of passengers unless specific conditions are met. For operators like Coolfare Contracts Pty Ltd, which operates the Bombardier BD 700 Global Express aircraft, this has necessitated a practice of loading a preliminary amount of fuel before passengers board, followed by additional fuel loading once the maximum weight is known. This practice is essential to avoid the need for intermediate landings for further fuel loading. To comply with these regulations, Coolfare has detailed procedures in its Operations Manual that meet all requirements, including those set out in subparagraphs 4.2.1, 4.2.2, and 4.2.5 of section 20.9. Given the specific operational needs of Coolfare, CASA has issued an exemption from paragraph 4.2.3 for refuelling the BD 700 aircraft while passengers are on board, subject to certain conditions. These conditions require that specific information be provided before refuelling occurs. This exemption is subject to the disallowable instrument provisions under regulation 5A of CAR 1988, which means it must be tabled and can be disallowed in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). This exemption, declared as a legislative instrument under subparagraph 6(d)(i) of the LIA, was issued at the request of the operator and by a delegate of CASA appointed under regulation 7 of CAR 1988. It is effective from 29 April 2005 until the end of April 2006. Failure to comply with the conditions of the exemption or the general requirements of the regulations could result in various consequences. While the specific civil or criminal penalties are not detailed in the explanatory statement, violations of safety regulations generally carry significant penalties under the Civil Aviation Act 1988. These may include fines and other enforcement actions that could impact the operational capabilities and reputation of the airline. Therefore, adherence to the exemption conditions and regulatory requirements is crucial for ensuring compliance and maintaining safety standards.