CASA EX43/09 – Exemption – refuelling with patients on board

Overview

The Civil Aviation (Refuelling Exemption) Instrument 2009 (F2009L02061) was introduced to address a specific operational challenge faced by Pearl Aviation Australia Pty Ltd when refuelling their aircraft. The Civil Aviation Act 1988 allows the Governor-General to make regulations concerning the Act and the safety of air navigation, while the Civil Aviation Regulations 1988 further specify the processes that the Civil Aviation Safety Authority (CASA) must follow to ensure such safety. The problem arose from a regulation which required critically ill patients to be removed from the aircraft before refuelling, a requirement CASA did not deem necessary for safety. Consequently, CASA issued an exemption allowing the refuelling of specified aircraft while passengers, including critically ill patients, remain on board, subject to specific conditions to ensure safety. This exemption was enacted under the authority of the Legislative Instruments Act 2003, which mandates that certain legislative instruments be tabled and may be subject to disallowance in the Parliament. Although consultation under the Legislative Instruments Act was not undertaken for this exemption, it follows precedents set by previous exemptions issued for similar purposes. The exemption is effective from the day after its registration and will cease at the end of May 2011, having been issued by a delegate of CASA appointed under the Civil Aviation Regulations 1988.

Scope and Application

The Civil Aviation Regulations 1988, amended by the exemption in question, apply to the operation of aircraft with specific conditions regarding the refuelling of aircraft while passengers are on board. This exemption specifically pertains to aircraft operated by Pearl Aviation Australia Pty Ltd, which often carry critically ill patients, thereby necessitating an exemption from the general rule that prohibits refuelling while passengers are on board. The exemption is designed to ensure that safety is maintained while accommodating the medical needs of patients. The exemption is geographically applicable within Australia as it concerns the operation of aircraft registered in and flying under Australian jurisdiction. The exemption is subject to certain conditions which include, but are not limited to, ensuring that passengers are informed before refuelling, the location of the operating crew and medical staff during the refuelling process, and the grounding of the aircraft and fuelling equipment. This exemption is subject to disallowance under the Legislative Instruments Act 2003, and although it has been issued without parliamentary consultation, it aligns with previous exemptions granted for similar purposes. The exemption is temporary, effective from the day after its registration and expiring at the end of May 2011.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) include a provision (subregulation 235(11)) that allows the Civil Aviation Safety Authority (CASA) to exempt an aircraft from any regulatory requirements imposed by regulation 235, ensuring the safety of air navigation. Specifically, the exemption addresses paragraph 4.2.3 of Civil Aviation Order 20.9 (CAO 20.9), which mandates that fuel should not be loaded onto aircraft with a maximum seating capacity of less than 20 while passengers are on board. This exemption allows for the refuelling of certain aircraft operated by Pearl Aviation Australia Pty Ltd while passengers, including critically ill patients, remain on board. To ensure safety, the exemption imposes several conditions on the operator, such as ensuring that passengers capable of understanding are informed before refuelling, and that both the operating crew and medical staff are positioned appropriately during the refuelling process. Moreover, the aircraft and fuelling equipment must be connected to an earth point while fuel is being loaded. The obligations imposed by this exemption on Pearl Aviation Australia Pty Ltd are specific and stringent to maintain safety standards. The operator must ensure that all passengers are informed about the refuelling process in a manner they can understand, and they must also ensure the physical safety of the crew and medical staff by specifying their locations during refuelling. Additionally, the requirement for the aircraft and fuelling equipment to be connected to an earth point while fuel is being loaded is a crucial safety measure to prevent any static electricity-related hazards. Failure to comply with these conditions could potentially compromise the safety of the flight, hence the importance of adherence to these specific operational protocols. Breaches of the conditions set out in the exemption could result in serious consequences. While the specific penalties for non-compliance are not detailed in the provided text, non-compliance with safety regulations under the Civil Aviation Act 1988 generally could lead to both civil and criminal penalties. Civil penalties can include fines, and in severe cases, criminal penalties could apply, leading to prosecution and potential imprisonment. The exact penalties would depend on the nature and severity of the breach, but they are intended to ensure that all operations comply with the high safety standards required by Australian aviation law. Given the sensitive nature of transporting critically ill patients, any breach could have significant ramifications, both legally and in terms of public safety.