CASA EX23/06 - Exemption - refuelling with passengers on board

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2006L01657 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Exemption refuelling with passengers on board

 

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.

 

Subregulation 235 (7) of the Civil Aviation Regulations 1988 (CAR 1988) provides that to ensure the safety of air navigation, CASA may give directions about the method of loading persons and goods (including fuel) on aircraft.

 

Subsection 4 of Civil Aviation Order 20.9 (CAO 20.9), made under subregulation 235 (7), sets out CASA’s directions for loading fuel on aircraft.

 

Under paragraph 4.2.1 of CAO 20.9, the operator of an aircraft with a maximum seating capacity of 20 or more may never permit passengers to remain on board during refuelling with avgas. However, under paragraph 4.2.2, the passengers of these larger aircraft may be permitted to enter, leave or remain on board during refuelling with antistatic aviation grade turbine fuel if certain conditions are met.

 

Under paragraph 4.2.3, the operator of an aircraft with a maximum seating capacity of less than 20 must ensure that fuel is not loaded on to the aircraft while passengers are on board, or entering or leaving, the aircraft. However, under paragraph 4.2.4, the operator may allow passengers to remain on board if their medical condition is such that they cannot leave the aircraft without assistance, the fuel is not avgas or aviation turbine grade which does not contain an anti-static and the conditions in paragraph 4.2.2 applicable to an over 20 passengers aircraft are observed. These conditions include the presence of cabin attendants.

 

One effect of paragraph 4.2.3 is that, unlike passengers on larger aircraft, passengers on smaller corporate jet aircraft must disembark and reboard on longer flights which require mid-flight refuelling even with anti-static aviation grade turbine fuel.

 

Under subregulation 235 (11) of CAR 1988, CASA may exempt an aircraft from any of the requirements imposed by regulation 235, including the directions under CAO 20.9.

 

Cessna 680 Sovereign aircraft

Executive Airlines Pty Ltd (the operator) operates the Cessna 680 Sovereign aircraft VH-EXG (the aircraft). This is a midsize corporate jet aircraft, certified to carry less than 20 passengers. However, although the aircraft does not carry a cabin attendant, it does carry 2 flight crew members on all operations. Each of these flight crew members is appointed and trained to brief and supervise passengers during refuelling. The operator has been affected by the requirements of paragraph 4.2.3 preventing refuelling because, although there is a trained flight crew member in attendance, the provision does not allow the passengers to remain on board during refuelling.

 

Corporate jet aircraft are usually serviced and boarded away from passenger terminals. When making a refuelling stop, there may be no passenger facilities available, resulting in passengers having to stand on a busy ramp area while refuelling takes place. Further, the operator’s AOC authorises world-wide operations and consequently the aircraft operates over long distances and requires intermediate landings for the sole purpose of refuelling. On certain occasions, refuelling must occur in countries where security may be an issue because of the high profile of the passengers usually carried. The ability to refuel while passengers remain on board would enhance their security and minimise turnaround time at these locations.

 

The option of passengers remaining on board is not available to the operator although its operations manual details procedures that, using a flight crew member, meet all the requirements of paragraphs 4.2.1 and 4.2.2 of CAO 20.9 mentioned above, and also of paragraph 4.2.5 (refuelling to stop if vapour is detected in the aircraft). Thus, although the operator can meet the safety conditions of the larger aircraft, it cannot, without an exemption, make use of the corresponding flexibility in refuelling. The operator would be significantly affected by this.

 

Exemption

CASA has, therefore, issued an exemption, in effect from the paragraph 4.2.3 direction, so that passengers may remain on board the aircraft during refuelling. Because of the safety risks involved, the exemption does not apply to the aircraft when the overwing refuelling ports are used. These risks are not present to the same degree when other refuelling ports are used. Other safety conditions comparable to those applying to larger aircraft under paragraph 4.2.2 of CAO 20.9 are included.

 

Conditions

For example, the conditions include telling passengers of the refuelling, that their seat belts must not be fastened and that they must not smoke, use certain electrical equipment or do anything that might cause risk of fuel vapour igniting. There must be at least 1 member of the flight crew on duty in the passenger loading area of the aircraft to ensure passenger safety, maintain discipline and supervise any necessary evacuation. The cabin doors must be open. Unless in the passenger loading area supervising passengers, the pilot in command or the co-pilot must be supervising the loading of the fuel. External evacuation areas must be kept clear. The fuel transfer system must be airtight. If an engine of the aircraft is running, the member of the flight crew supervising passengers in the passenger loading area must also monitor the readings on the auxiliary power unit panel in the aircraft adjacent to the passenger loading area. The loading of fuel must immediately cease if fuel vapour is found inside the aircraft or the continuation of the loading is unsafe. The operations manual must specify the responsibilities of the flight crew, set out procedures for complying with the conditions, include mention of the exemption instrument and an instruction that the procedures and the instrument must be complied with.

 

Legislative Instruments Act

Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA.

Because the exemption affects the operation of paragraph 4.2.3 of CAO 20.9, the instrument is declared to be a disallowable instrument under regulation 5A of CAR 1988. It is, therefore, a legislative instrument. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

Consultation under section 17 of the LIA has not been undertaken in this case because of the specialised nature of the instrument, and of the aircraft and aircraft operations to which it applies. A similar exemption would be available to other operators if they could demonstrate ability to comply with the same stringent safety conditions.

 

The instrument commences on the day after it is registered and stops having effect at the end of 31 August 2008.

 

The exemption has been issued by a delegate of CASA appointed under regulation 7 of CAR 1988.

 

[Instrument number CASA EX23/06]

Overview

The Civil Aviation Regulations 1988, enacted to ensure the safety of air navigation and to provide regulations under the Civil Aviation Act 1988, contain provisions governing the loading of fuel on aircraft. Specifically, subregulation 235(7) allows the Civil Aviation Safety Authority (CASA) to issue directions on the method of loading fuel on aircraft, with further detailed guidance provided in Civil Aviation Order 20.9. The regulations mandate that for aircraft with a seating capacity of 20 or more, passengers must not be on board during refuelling with avgas, but may remain on board if refuelling is with anti-static aviation grade turbine fuel under certain conditions. For smaller aircraft with a seating capacity of less than 20, refuelling must occur when passengers are not on board, unless specific conditions are met. CASA has the authority to exempt aircraft from these requirements under subregulation 235(11). This exemption mechanism was invoked for the Cessna 680 Sovereign aircraft operated by Executive Airlines Pty Ltd, allowing passengers to remain on board during refuelling while maintaining stringent safety conditions to mitigate risks. The exemption, declared as a disallowable instrument under the Legislative Instruments Act 2003, is subject to tabling and disallowance in Parliament and applies until the end of August 2008.

Scope and Application

The Civil Aviation Regulations 1988, under the Civil Aviation Act 1988, establish the safety standards and procedures for air navigation in Australia, which includes the refuelling of aircraft while passengers are on board. These regulations and the subsequent Civil Aviation Order 20.9 detail specific safety conditions that must be met during refuelling, particularly concerning the type of fuel used and the presence of passengers. The regulations mandate that for aircraft with a maximum seating capacity of 20 or more, passengers must not remain on board during refuelling with avgas, but may under certain conditions when using anti-static aviation grade turbine fuel. For aircraft with a seating capacity of less than 20, passengers must not remain on board during refuelling under any circumstances, except when specific conditions are met, such as the presence of cabin attendants or if the passengers cannot leave without assistance. The exemption granted to Executive Airlines Pty Ltd for their Cessna 680 Sovereign aircraft allows passengers to remain on board during refuelling, provided stringent safety conditions are observed, such as the supervision of passengers by a flight crew member and the prohibition of certain activities that could pose a risk of fuel vapour ignition. The exemption, which is a legislative instrument under the Legislative Instruments Act 2003, is subject to disallowance by Parliament and includes specific conditions to ensure the safety of passengers and crew during refuelling operations.

Key Provisions

The main operative sections of this legislation pertain to the Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Order 20.9 (CAO 20.9), particularly subregulation 235(11) of CAR 1988 which allows the Civil Aviation Safety Authority (CASA) to exempt aircraft from certain requirements, and the directions under CAO 20.9 about the loading of fuel on aircraft. According to section 98(1) of the Civil Aviation Act 1988, the Governor-General may make regulations for the Act and the safety of air navigation. This authority is exercised through subregulation 235(7) of CAR 1988, which allows CASA to issue directions about the method of loading persons and goods on aircraft, including fuel. Paragraph 4.2.1 of CAO 20.9 stipulates that for aircraft with a maximum seating capacity of 20 or more, passengers must not remain on board during refuelling with avgas. Conversely, paragraph 4.2.2 allows passengers on these larger aircraft to enter, leave, or remain on board during refuelling with anti-static aviation grade turbine fuel if certain conditions are met. Paragraph 4.2.3 mandates that for aircraft with a seating capacity of less than 20, fuel must not be loaded while passengers are on board, entering, or leaving the aircraft. However, paragraph 4.2.4 permits passengers to remain on board if specific conditions, such as the presence of cabin attendants, are met. The Act imposes several obligations and requirements on the parties it governs. Operators of aircraft with a seating capacity of less than 20 must ensure that passengers disembark during refuelling unless specific conditions are satisfied. These conditions include having trained personnel to supervise passengers, ensuring the fuel is not avgas or non-anti-static aviation turbine grade, and meeting the safety conditions outlined in paragraph 4.2.2 for larger aircraft. The operations manual must detail procedures that comply with the safety requirements, including informing passengers about the refuelling, ensuring seat belts are unfastened, prohibiting smoking and certain electrical equipment use, and maintaining an open cabin door. A member of the flight crew must be present in the passenger loading area to supervise passengers, and the pilot in command or co-pilot must oversee the fuel loading unless supervising the passengers. Furthermore, external evacuation areas must be clear, the fuel transfer system must be airtight, and fuel loading must cease immediately if fuel vapour is detected inside the aircraft or if the continuation of loading is deemed unsafe. The legislation outlines specific offences, penalties, or civil/criminal consequences for breaches. While the legislation does not explicitly state maximum penalties, it is understood that CASA can impose fines or other penalties for non-compliance with the regulations and orders. For instance, failure to adhere to the safety conditions during refuelling could result in sanctions under the Civil Aviation Act 1988 or other relevant aviation laws. Additionally, CASA can revoke the exemption if the operator fails to comply with the conditions, leading to operational disruptions. The exemption itself, issued under subregulation 235(11) of CAR 1988, is a legislative instrument and is subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. This means that the Parliament has the opportunity to review and potentially disallow the exemption within a specified period. Consultation under section 17 of the Legislative Instruments Act 2003 has not been undertaken in this case due to the specialised nature of the instrument and the specific aircraft and operations to which it applies. However, a similar exemption would be available to other operators if they could demonstrate their ability to comply with the stringent safety conditions. The exemption is effective from the day after its registration and ceases to have effect at the end of 31 August 2008. It has been issued by a delegate of CASA appointed under regulation 7 of CAR 1988.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.