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.
Under subregulation 235 (11) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt an aircraft from any of the requirements imposed by regulation 235.
Subregulation 235 (7) of CAR 1988 provides that CASA may, for the purposes of ensuring the safety of air navigation, give directions with respect to the method of loading persons and goods (including fuel) on aircraft.
Subsection 4 of Civil Aviation Order 20.9 (CAO 20.9) is made under subregulation 235 (7) of CAR 1988 and sets out CASA’s directions for loading fuel on aircraft. Paragraph 4.2.3 of CAO 20.9 states that 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. The Cessna 560 aircraft with nationality and registration marks VH-VPL operated by Twentieth Super Pace Nominees Pty Ltd, trading as SCT Logistics (the operator), cannot meet the requirement of paragraph 4.2.3.
CASA has, therefore, issued an exemption from paragraph 4.2.3 of CAO 20.9 for the refuelling of the aircraft operated by the operator while passengers are on board. 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 2 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 Act
Because the exemption affects the operation of paragraph 4.2.3 of CAO 20.9, it is declared to be a disallowable instrument under regulation 5A of CAR 1988. 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. 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. Previous exemptions have been issued for the same purpose to other operators.
The exemption commences on the day after it is registered and stops having effect at the end of May 2011.
The exemption has been issued by a delegate of CASA appointed under regulation 7 of CAR 1988.
[Instrument number CASA EX41/09
Overview
The Civil Aviation Regulations 1988 were amended in 2009 through the instrument F2009L01787, addressing the need for an exemption concerning the refuelling of aircraft while passengers are on board. This instrument was introduced to specifically cater to the operational constraints of certain aircraft, such as the Cessna 560 operated by Twentieth Super Pace Nominees Pty Ltd, trading as SCT Logistics, which cannot meet the standard requirement of not loading fuel while passengers are on board. The problem it addresses is the inflexibility of the existing regulations, which pose operational challenges for certain aircraft and their operators. The instrument was issued under the authority of the Civil Aviation Act 1988 and implemented by the Civil Aviation Safety Authority (CASA), the body responsible for ensuring the safety of air navigation in Australia. The policy objective is to maintain safety standards while providing necessary flexibility to operators under specific conditions.
Scope and Application
The Civil Aviation Regulations 1988, as amended, provide a comprehensive framework for the regulation of civil aviation activities within Australia. Specifically, the exemption under consideration pertains to the refuelling of aircraft with passengers on board, a situation which generally contravenes safety protocols unless specific conditions are met. This exemption applies to Twentieth Super Pace Nominees Pty Ltd, trading as SCT Logistics, which operates a Cessna 560 aircraft with the registration mark VH-VPL. The exemption allows for the refuelling of this aircraft while passengers are on board, provided that certain stringent safety conditions are adhered to. These conditions include ensuring that passengers who are capable of understanding are informed before refuelling, that the operating crew and medical staff are in specified locations, and that the aircraft and fuelling equipment are earthed during the refuelling process. This exemption is specifically tailored to the operational constraints of the Cessna 560 and is subject to a disallowable instrument under the Civil Aviation Regulations 1988 and is thus subject to parliamentary disallowance procedures under the Legislative Instruments Act 2003. The exemption, issued by a delegate of the Civil Aviation Safety Authority, is effective from the day after registration and will cease to have effect at the end of May 2011.
Key Provisions
The primary provision in this legislation is the exemption under subregulation 235(11) of the Civil Aviation Regulations 1988 (CAR 1988), which allows the Civil Aviation Safety Authority (CASA) to exempt the refuelling of an aircraft with passengers on board. This exemption is specifically for the Cessna 560 aircraft with the registration VH-VPL operated by Twentieth Super Pace Nominees Pty Ltd, trading as SCT Logistics. According to subsection 98(1) of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations, including those concerning the safety of air navigation. CASA, under this authority, has issued an exemption from paragraph 4.2.3 of Civil Aviation Order 20.9 (CAO 20.9) for refuelling the specified aircraft while passengers are on board, subject to certain conditions.
The obligations imposed by this exemption include ensuring that no passengers are on board the aircraft when fuel is being loaded unless specific conditions are met. These conditions require the operator to provide information to passengers who are capable of understanding, ensure that the operating crew and medical staff are in designated locations during refuelling, and connect the aircraft and fuelling equipment to an earth point while fuel is being loaded. These measures are outlined in Schedule 2 to the exemption and are aimed at maintaining safety standards while accommodating operational needs.
Breaching the conditions set out in the exemption could lead to severe consequences. Although the specific penalties for non-compliance are not detailed in the legislation, general aviation regulations typically include both civil and criminal penalties for safety breaches. These may range from fines to imprisonment, depending on the severity of the breach and its impact on aviation safety. Given that this is a disallowable instrument under regulation 5A of CAR 1988 and a legislative instrument under subparagraph 6(d)(i) of the Legislative Instruments Act 2003 (LIA), the exemption is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. Failure to adhere to the conditions of the exemption could thus not only result in direct safety risks but also in legal scrutiny and potential disallowance of the exemption itself.