CASA EX30/06 - Exemption – refuelling with passengers on board

Overview

The Civil Aviation Regulations 1988, enacted to ensure the safety of air navigation, provide regulations governing the loading of persons and goods, including fuel, on aircraft. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act and the safety of air navigation. Under subregulation 235(7) of the Civil Aviation Regulations 1988, the Civil Aviation Safety Authority (CASA) may give directions about the method of loading fuel on aircraft. However, the Civil Aviation Order 20.9, made under subregulation 235(7), restricts the operation of aircraft with a maximum seating capacity of 20 or more from permitting passengers to remain on board during refuelling with avgas. Conversely, passengers on aircraft with over 20 passengers may remain on board during refuelling with anti-static aviation grade turbine fuel if specific conditions are met. The Civil Aviation Order 20.9 also requires that aircraft with a maximum seating capacity of less than 20 must not allow passengers on board during refuelling unless specific conditions are met. The Royal Flying Doctor Service (Central Operations) Incorporated (RFDS), which operates Pilatus PC-12 aircraft with less than 20 passengers, sought an exemption to allow passengers to remain on board during refuelling due to the medical conditions of some passengers. The exemption instrument was introduced to address this problem, allowing the RFDS to deviate from certain requirements of the Civil Aviation Order 20.9 subject to specific conditions and requirements. The exemption instrument, issued by a delegate of CASA appointed under regulation 7 of the Civil Aviation Regulations 1988, exempts the RFDS from the requirements of paragraphs 4.2.3, 4.2.4, and, in effect, 4.2.2 of the Civil Aviation Order 20.9. The exemption is subject to conditions and requirements that are similar to those in paragraph 4.2.2, with allowances for overwing fuelling and a less prescribed role for cabin attendants. The exemption is declared to be a disallowable instrument under regulation 5A of the Civil Aviation Regulations 1988 and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. The exemption replaces and revises an earlier instrument that expired in July 2006 and is effective from 1 August 2006 until 31 July 2009. The policy objective of this exemption is to facilitate the operations of the RFDS while maintaining safety standards.

Scope and Application

The Civil Aviation Regulations 1988, under the authority of the Civil Aviation Act 1988, govern various aspects of civil aviation operations in Australia, with a specific focus on safety. This legislative framework is applied to all civil aviation operations, including aircraft operators, pilots, and ground personnel, and extends nationally, covering all states and territories. The Act allows the Civil Aviation Safety Authority (CASA) to issue regulations and directions to ensure the safety of air navigation. In particular, the Act addresses the refuelling of aircraft with passengers on board, outlining stringent safety measures. However, CASA can issue exemptions under certain conditions, as seen in the case of the Royal Flying Doctor Service (RFDS). The RFDS, which operates smaller aircraft, sought an exemption to allow passengers to remain on board during refuelling due to the medical conditions of some passengers. The exemption granted by the instrument permits the RFDS to deviate from specific refuelling procedures under certain conditions, such as ensuring the fuel is not avgas or aviation grade turbine fuel without anti-static, and implementing measures to mitigate fire hazards during overwing refuelling. This exemption is subject to strict conditions aimed at maintaining safety standards and is in effect until the end of July 2009. The instrument, as a legislative instrument, must be tabled and can be disallowed by the Parliament.

Key Provisions

The key operative sections of the Civil Aviation Regulations 1988 (CAR 1988) and Civil Aviation Order 20.9 (CAO 20.9) address the refuelling of aircraft and the safety requirements around this process. Specifically, subregulation 235(7) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to give directions about the loading of persons and goods, including fuel, on aircraft to ensure the safety of air navigation. CAO 20.9, made under this subregulation, provides detailed directives for refuelling procedures, stipulating that larger aircraft (with a seating capacity of 20 or more) cannot permit passengers to remain on board during refuelling with avgas (subparagraph 4.2.1). However, these aircraft can allow passengers to board or leave during refuelling with anti-static aviation grade turbine fuel, provided certain safety conditions are met (subparagraph 4.2.2). For smaller aircraft (with less than 20 passengers), passengers must not be on board during refuelling (subparagraph 4.2.3), unless specific medical conditions apply (subparagraph 4.2.4). This exemption is subject to strict conditions, including the use of a specific fuel transfer system and adherence to other safety protocols. The Act imposes several obligations and requirements on the parties involved, primarily focusing on the safety of air navigation during the refuelling process. Operators of larger aircraft must ensure that passengers do not remain on board during refuelling with avgas and must follow stringent protocols if refuelling with anti-static aviation grade turbine fuel. For smaller aircraft, operators must prevent passengers from being on board during refuelling, unless the passengers' medical conditions necessitate their presence and specific conditions are strictly adhered to. Operators must also provide clear information to passengers about the refuelling process, ensure safety measures such as earthing the aircraft and keeping evacuation areas clear, and maintain specific personnel roles during the refuelling. The operations manual must include detailed procedures regarding refuelling, including the terms of any exemptions granted. The Civil Aviation Regulations 1988 and associated orders impose civil and criminal consequences for breaches of refuelling safety requirements. While the specific penalties are not detailed in the provided text, general provisions under the Civil Aviation Act 1988 allow for enforcement actions against operators who fail to comply with safety regulations. Such breaches can result in penalties, including fines and potential criminal charges, depending on the severity of the violation and its impact on safety. The specific maximum penalties are not outlined in the provided text, but they typically involve significant financial penalties and, in severe cases, imprisonment. The Act also provides mechanisms for CASA to take enforcement actions, including issuing directions and imposing sanctions on non-compliant operators.