CASA EX53/05 - Exemption – refuelling with passengers on board

Overview

The Civil Aviation Regulations 1988, enacted by the Australian Parliament, govern various aspects of civil aviation to ensure the safety of air navigation. One of the regulatory measures is detailed in Civil Aviation Order 20.9 (CAO 20.9), which outlines specific directions for loading fuel on aircraft. To address the operational challenges faced by corporate jet operators, the Civil Aviation Safety Authority (CASA) has issued an exemption for a specific Gulfstream G-IV aircraft, allowing passengers to remain on board during refuelling under certain conditions. This exemption aims to alleviate the inconvenience for passengers on smaller aircraft who must otherwise disembark during refuelling, despite the presence of safety measures. The exemption is subject to stringent conditions, including the requirement for cabin attendants to supervise the process and ensure compliance with safety protocols. The legislative framework governing this exemption includes the Legislative Instruments Act 2003, which mandates the tabling and disallowance of such instruments in the Parliament.

Scope and Application

The Civil Aviation Regulations 1988 apply to all aircraft operators within Australia and govern various aspects of civil aviation safety, including the refuelling of aircraft with passengers on board. Specifically, the Civil Aviation Order 20.9 outlines the conditions under which passengers can remain on board during refuelling, distinguishing between aircraft with a seating capacity of 20 or more and those with fewer than 20 seats. For aircraft with fewer than 20 seats, the regulations mandate that passengers must disembark during refuelling, which can pose logistical challenges, particularly for corporate jet operators. In response to these challenges, CASA has the authority to grant exemptions under subregulation 235(11) of the Civil Aviation Regulations 1988. An exemption has been issued for a specific Gulfstream G-IV aircraft operated by Gulfstream aircraft Crown Ltd, allowing passengers to remain on board during refuelling, subject to stringent conditions mirroring those for larger aircraft. These conditions include informing passengers of the refuelling process, ensuring seatbelts are unfastened, prohibiting smoking, and maintaining supervision by cabin attendants. This exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to disallowance by Parliament. The exemption is effective from the day after its registration until the end of October 2008, and it has been issued by a delegate of CASA as authorised under the Civil Aviation Regulations 1988.

Key Provisions

The primary sections of the Civil Aviation Regulations 1988 (CAR 1988) relevant to this legislation are section 98, which empowers the Governor-General to make regulations in the interest of air navigation safety, and subregulation 235(7), which allows CASA to issue directions regarding the loading of persons and goods, including fuel, on aircraft. Subsection 4 of Civil Aviation Order 20.9 (CAO 20.9) provides specific directions for loading fuel on aircraft, stipulating that for larger aircraft (with a maximum seating capacity of 20 or more), passengers may not remain on board during refuelling with avgas but may during refuelling with anti-static aviation grade turbine fuel if certain conditions are met. Conversely, for aircraft with a maximum seating capacity of less than 20, passengers must not be on board while fuel is being loaded, except if they require assistance to leave the aircraft. The obligations imposed by these regulations on the parties governed by them include ensuring that all refuelling activities adhere strictly to the prescribed safety measures. Specifically, operators of larger aircraft must ensure that passengers are informed of refuelling activities, that their seat belts are unfastened, and that smoking and any actions that could ignite fuel vapours are prohibited. They must also ensure that there is at least one cabin attendant present to supervise passengers, maintain discipline, and oversee any necessary evacuations. Similarly, operators of smaller aircraft must ensure that passengers do not remain on board during refuelling unless medically necessary. The operations manual must detail the responsibilities of the operating crew and the procedures to comply with these conditions. Failure to comply with these regulations may result in civil or criminal consequences. The Civil Aviation Regulations 1988 do not explicitly state penalties for non-compliance with the refuelling provisions. However, general aviation regulations often carry significant penalties, including fines and potential suspension or revocation of operating certificates. The severity of the penalties would depend on the specific breach and the impact on safety. CASA may also take enforcement action against operators who fail to comply with the directions, which could include imposing fines or other penalties. The exemption issued by CASA allows the operator of the Gulfstream G-IV aircraft VH-CCC to permit passengers to remain on board during refuelling under certain conditions. These conditions mirror the safety requirements applicable to larger aircraft, ensuring that the exemption does not compromise safety. The exemption is a legislative instrument under the Legislative Instruments Act 2003 (LIA) and is subject to tabling and disallowance in the Parliament. The instrument was issued by a delegate of CASA and is effective from the day after its registration until the end of October 2008.