Explanatory Statement
Civil Aviation Regulations 1988
Exemption — refuelling with patients on board
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor‑General may make regulations for the Act and in the interests of 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) of CAR 1988, sets out CASA’s directions for loading of fuel on aircraft.
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.
Under paragraph 4.2.3 of CAO 20.9, 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 4.2.4 applicable to an over 20 passenger aircraft are observed. These conditions include the presence of cabin attendants.
For certain aircraft operated by the Royal Flying Doctor Service of Australia (Queensland Section) to comply with paragraph 4.2.3, critically ill patients on board an aircraft would have to be taken off the aircraft before it could be refuelled. CASA does not consider that such action is necessary to ensure the safety of air navigation.
CASA has, therefore, issued an exemption from paragraph 4.2.3 of CAO 20.9 so that passengers may remain on board the aircraft operated by the Royal Flying Doctor Service of Australia (Queensland Section) during refuelling.
The exemption is subject to conditions. For example, the operator must ensure that when fuel is being loaded no passenger is on board unless the requirements set out in Schedule 1 to the exemption are met. The requirements include information that has to be given, before refuelling, to passengers who are capable of understanding; the location of the aircraft’s operating crew and medical staff while fuel is being loaded; and connection of the aircraft and fuelling equipment to an earth point while fuel is being loaded.
Legislative instrument
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 this exemption affects the operation of paragraph 4.2.3 of CAO 20.9, the instrument is 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.
The exemption has been issued, at the request of the operator, to permit the refuelling of aircraft in a manner consistent with medical requirements and subject to safeguards. This is also a renewal of a previous exemption.
The exemption commences on 1 May 2008 and stops having effect at the end of 31 August 2010.
The exemption has been issued by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX24/08]
Overview
The Civil Aviation Regulations 1988, enacted to ensure the safety of air navigation, include provisions that govern the loading of fuel onto aircraft, with specific safety directions outlined in Civil Aviation Order 20.9. A gap in these regulations was identified when it came to refuelling aircraft operated by the Royal Flying Doctor Service of Australia (Queensland Section), which often carry critically ill patients who cannot disembark during the refuelling process. To address this issue, the Civil Aviation Safety Authority (CASA) issued an exemption under the authority granted by the Civil Aviation Act 1988, allowing these specific aircraft to refuel with patients on board, subject to certain conditions aimed at maintaining safety standards. This exemption, which is subject to disallowance under the Legislative Instruments Act 2003, was issued as a renewal of a previous exemption and was made in response to the unique operational requirements of the Royal Flying Doctor Service.
Scope and Application
The Civil Aviation Regulations 1988, through an exemption issued under subregulation 235(11), allows the Royal Flying Doctor Service of Australia (Queensland Section) to refuel their aircraft while passengers, including critically ill patients requiring assistance, remain on board. This exemption was made to accommodate the unique operational and medical needs of the service, recognising that removing critically ill patients for the purpose of refuelling could pose significant medical risks. The exemption applies to aircraft operated by the Royal Flying Doctor Service of Australia (Queensland Section) with a maximum seating capacity of less than 20, and is subject to specific conditions designed to ensure the safety of air navigation. These conditions include the presence of cabin attendants, the provision of information to passengers who are capable of understanding, and the connection of the aircraft and fuelling equipment to an earth point during refuelling. The exemption is effective from 1 May 2008 until 31 August 2010, and has been issued under the authority of the Civil Aviation Safety Authority (CASA) in accordance with subregulation 7(1) of the Civil Aviation Regulations 1988. As a legislative instrument, the exemption is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Regulations 1988, specifically under subregulation 235(11), allow the Civil Aviation Safety Authority (CASA) to exempt certain aircraft from the requirements imposed by regulation 235, including the directions for loading fuel. In this instance, the exemption pertains to aircraft operated by the Royal Flying Doctor Service of Australia (Queensland Section) and is designed to allow critically ill patients to remain on board during refuelling, provided certain conditions are met (Subregulation 235(11)). This exemption was issued to accommodate the medical needs of patients and ensure the safety of air navigation without necessitating the removal of patients from the aircraft.
Under this exemption, the operator of the exempted aircraft must ensure that no passenger remains on board when fuel is being loaded unless specific conditions are satisfied (Subregulation 235(11); CAO 20.9, Schedule 1). These conditions include providing information to passengers who are capable of understanding, ensuring the operating crew and medical staff are aware of the refuelling process, and connecting the aircraft and fuelling equipment to an earth point during refuelling. By adhering to these conditions, the operator aims to maintain safety standards while accommodating the medical needs of patients.
Failure to comply with the conditions of the exemption could lead to safety risks and potential breaches of civil aviation regulations. The Civil Aviation Act 1988 imposes obligations on operators to ensure the safety of air navigation and to follow CASA's directions. Any breach of these obligations could result in civil or criminal penalties, including fines and imprisonment, depending on the severity and impact of the breach (Civil Aviation Act 1988, section 98(1)).
The exemption issued by CASA is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament (Legislative Instruments Act 2003, sections 38 and 42). This exemption, which was issued at the request of the operator and is a renewal of a previous exemption, is effective from 1 May 2008 until 31 August 2010. The issuance of this exemption was carried out by a delegate of CASA in accordance with the Civil Aviation Regulations 1988 (Subregulation 7(1) of CAR 1988).