CASA EX37/09 – Exemption – refuelling with passengers on board

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

Legislation au F2009L01400 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Exemption — refuelling with passengers 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 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 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 of CAO 20.9, the passengers of these larger aircraft may be permitted to enter, leave or remain on board during refuelling with anti‑static aviation grade turbine fuel if certain conditions are met.

 

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 of CAO 20.9, 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 of CAO 20.9 applicable to an over 20 passengers aircraft are observed. These conditions include the presence of cabin attendants.

 

One effect of paragraph 4.2.3 of CAO 20.9 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. Execujet Australia Pty Limited (the operator), have applied for an exemption.

 

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 Air Operator’s Certificate 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 direction in paragraph 4.2.3 of CAO 20.9, 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. The fuel transfer system must be airtight. If an engine of the aircraft is running, the cabin attendant supervising passengers in the passenger loading area must be on the flight deck. 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. It is a remake of an instrument CASA EX23/07. Similar instruments have been issued to other operators who have demonstrated that they are able to meet the safety conditions.

 

The instrument commences on the day after it is registered and stops having effect at the end of 31 March 2011.

 

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

 

[Instrument number CASA EX37/09]

Overview

The Civil Aviation Regulations 1988 were enacted to provide for the safety of air navigation and to ensure the efficient and orderly development of civil aviation in Australia. This legislation addresses the gap by allowing for specific exemptions to certain regulations under the oversight of the Civil Aviation Safety Authority (CASA). The Civil Aviation Regulations 1988 are made under the authority of the Civil Aviation Act 1988 and are intended to maintain the highest safety standards in air navigation. The policy objective behind this particular exemption is to enhance the security of passengers and reduce turnaround times during refuelling, particularly for long-haul corporate jet operations that may require refuelling in locations with heightened security concerns. The exemption, allowing passengers to remain on board during refuelling with certain safety conditions, was issued to Execujet Australia Pty Limited to accommodate the unique operational needs of their fleet, while ensuring compliance with safety standards.

Scope and Application

The Civil Aviation Regulations 1988, as amended by the instrument CASA EX37/09, provide an exemption for Execujet Australia Pty Limited regarding the refuelling of corporate jet aircraft with a maximum seating capacity of less than 20. This exemption pertains to the safety conditions outlined in Civil Aviation Order 20.9, specifically subregulation 235(11) of the Civil Aviation Regulations 1988, which allows the Civil Aviation Safety Authority (CASA) to exempt aircraft from certain regulatory requirements. The exemption allows passengers to remain on board during refuelling, provided specific safety conditions are adhered to, such as maintaining open cabin doors, ensuring an airtight fuel transfer system, and having at least one member of the flight crew on duty in the passenger loading area. Notably, the exemption does not apply when overwing refuelling ports are used, due to heightened safety risks associated with this method. This exemption is intended to enhance passenger security and operational efficiency, particularly during refuelling stops in countries where security may be a concern. The exemption applies to Execujet Australia Pty Limited and its aircraft operations, which are authorised for worldwide flights. This exemption is geographically and jurisdictionally relevant within Australia and internationally where the operator's aircraft are registered and operated. The instrument is a legislative instrument under the Legislative Instruments Act 2003, declared as disallowable, and thus subject to potential disallowance by the Parliament. The exemption conditions are detailed in the operations manual of the operator, which must include procedures for complying with the safety requirements and acknowledge the exemption. The instrument is effective from the day after registration until the end of 31 March 2011.

Key Provisions

The key provisions of the exemption issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Regulations 1988 allow Execujet Australia Pty Limited (the operator) to permit passengers to remain on board during refuelling, provided certain safety conditions are met. This exemption, found under subregulation 235(11) of the Civil Aviation Regulations 1988, specifically exempts the operator from the requirement in paragraph 4.2.3 of Civil Aviation Order 20.9 that prohibits passengers from being on board during refuelling for aircraft with a maximum seating capacity of less than 20. However, it is important to note that this exemption does not apply when overwing refuelling ports are used due to the associated safety risks. Instead, it applies to other refuelling ports under stringent safety conditions similar to those applicable to larger aircraft under paragraph 4.2.2 of Civil Aviation Order 20.9. The obligations imposed by the exemption include a comprehensive set of safety requirements that the operator must adhere to. These include notifying passengers of the refuelling process, ensuring that passengers do not fasten their seat belts, and prohibiting smoking and the use of certain electrical equipment during refuelling. Additionally, there must be at least one member of the flight crew present in the passenger loading area to ensure safety and discipline, with the cabin doors kept open and the fuel transfer system being airtight. If an engine is running, the cabin attendant must be on the flight deck. The refuelling process must cease immediately if fuel vapour is detected inside the aircraft or if the continuation of refuelling is deemed unsafe. The operator’s operations manual must also detail the responsibilities of the flight crew, the procedures for complying with these conditions, and include mention of the exemption instrument with an instruction that these procedures and the instrument must be strictly followed. Failure to comply with the conditions set out in the exemption can result in serious civil and criminal consequences. The specific offences and penalties are not detailed in the explanatory statement, but generally, violations of civil aviation safety regulations can lead to fines and potential criminal charges, depending on the severity of the breach. The maximum penalties for such offences can vary widely, but they are intended to ensure strict adherence to safety protocols to protect passengers and crew. Given the specialised nature of this instrument and the specific aircraft and operations it affects, consultation under section 17 of the Legislative Instruments Act 2003 was not undertaken. This exemption is a remake of a previous instrument CASA EX23/07 and follows similar instruments issued to other operators who have demonstrated compliance with the safety conditions. The instrument is subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. The exemption is declared to be a disallowable instrument under regulation 5A of the Civil Aviation Regulations 1988 and is issued by a delegate of CASA appointed under regulation 7 of the same regulations. It commences on the day after it is registered and ceases to have effect at the end of 31 March 2011.

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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.